244-260 Church Street - Zoning Amendment - Final Report

Considered

• 2021-04-21 · Toronto and East York Community Council · adopted

  Decision as filed

  The Toronto and East York Community Council recommends that: 1. City Council amend Zoning By-law 438-86, for the lands at 244-260 Church Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (March 26, 2021) from the Director, Community Planning, Toronto and East York District. 2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 244-260 Church Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (March 26, 2021) from the Director, Community Planning, Toronto and East York District.

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  3. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendments as may be required. 4. Before introducing the necessary Bills contemplated in Recommendations 1 and 2 above to City Council for enactment, City Council require the owner to: a. Enter into an Agreement pursuant to Section 37 of the Planning Act, and any other necessary agreements, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor securing the matters identified in Recommendations 5 to 9 below at the owner's expense, with such Agreement(s) to be registered on title to the lands at 244-260 Church Street in a manner satisfactory to the City Solicitor; b. Enter into a Heritage Easement Agreement with the City for the property at 260 Church Street in accordance with the plans and drawings dated December 4, 2020, prepared by the IBI Group Architects and on file with the Senior Manager, Heritage Planning, Urban Design, City Planning, the Heritage Impact Assessment prepared by Goldsmith Borgal and Company Ltd. Architects, dated December 20, 2020 and in accordance with the Conservation Plan required in Recommendation 4.c. below, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning including registration of such agreement to the satisfaction of the City Solicitor; c. Provide a detailed Conservation Plan, prepared by a qualified heritage consultant that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 260 Church Street prepared by Goldsmith Borgal and Company Ltd. Architects, dated December 20, 2020, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning; 5. That prior to site plan approval for the proposed Zoning By-law Amendment by City Council for the property located at 260 Church Street the owner shall: a. Provide final site plan drawings substantially in accordance with the approved Conservation Plan required in Recommendation 4.c. above to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning. b. Provide a Heritage Lighting Plan that describes how the exterior of the heritage property will be sensitively illuminated to enhance its heritage character to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning. c. Provide a detailed landscape plan for the subject property, satisfactory to the Senior Manager, Heritage Planning, Urban Design, City Planning. d. Provide an Interpretation Plan for the subject property, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning 6. That prior to the issuance of any permit for all or any part of the property at 260 Church Street, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Planning, Urban Design, City Planning, the owner shall: a. Provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Recommendation 4.c. above, including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning. b. Provide a Letter of Credit, including provision for upwards indexing, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Planning, Urban Design, City Planning to secure all work included in the approved Conservation Plan, Lighting Plan, Interpretation Plan and Landscape Plan. c. Provide full documentation of the existing heritage property, including two (2) printed sets of archival quality 8" x 10" colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set on a CD in tiff format and 600 dpi resolution keyed to a location map, elevations and measured drawings, and copies of all existing interior floor plans and original drawings as may be available, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning. 7. That prior to the release of the Letter of Credit required in Recommendation 6.b above, the owner shall: a. Provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work and the required interpretive work has been completed in accordance with the Conservation Plan and Interpretation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning. b. Provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning. 8. City Council direct that the owner be required to enter into an Agreement pursuant to Section 37 of the Planning Act to secure the following community benefits at the owner's expense, as follows: a. a cash contribution of six million three hundred thousand dollars ($ 6.3 million) dollars to be allocated toward: i. $2,000,000.00 to new and existing capital improvements for City owned affordable housing in Ward 13; ii. $2,000,000.00 to new and existing capital improvements in City owned community, cultural, and recreational centres in Ward 13; ii. $2,000,000.00 to establishing a new non-profit City owned childcare centre in Ward 13; and iv. $300,000.00 to local area streetscape and park improvments in the Ward, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; b. the cash contribution referred to in Recommendation 8.a. above shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of the Agreement to the date of payment; c. in the event the cash contribution referred to in Recommendations 8.a. above has not been used for the determined purpose within three years of the amending Zoning By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided the purpose is identified in the Official Plan and will benefit the community in the vicinity of the lands 9. City Council also direct that the following be secured in the Section 37 Agreement as a legal convenience to secure matters required to support the development: a. an acceptable tenant relocation and assistance plan shall be developed and implemented to mitigate hardship for existing tenants of the existing five (5) rental dwelling units proposed to be demolished. The tenant relocation and assistance plan shall be developed in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning, b. as part of a site plan application for the lands, the owner shall, at the owner's sole expense: i. submit a revised Functional Servicing Report including confirmation of water and fire flow, sanitary and storm water capacity, Stormwater Management Report and Hydrogeological Review, including Foundation Drainage Report (the "Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water; ii. secure the design and the provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure and/or new municipal infrastructure identified in the accepted Engineering Reports to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services should it be determined that improvements or upgrades and/or new infrastructure are required to support the development satisfactory to the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services, and the City Solicitor; and iii. make satisfactory arrangements with the Chief Engineer and Executive Director, Engineering and Construction Services for the construction of new infrastructure or any improvements to the municipal infrastructure, should it be determined that new infrastructure and/or upgrades/ improvements are required to the existing infrastructure to support this development, and that the applicant has entered into a financially secured agreement to pay for and construct any necessary municipal infrastructure; c. as part of a site plan application for the lands, the owner shall, at its sole expense, submit an updated wind study and implement any wind mitigation measures required as identified, satisfactory to the Chief Planner and Executive Director, City Planning; d. as part of a site plan application for the lands, the owner shall, at its sole expense, submit detailed landscape plans, sections, and details with sufficient information to assure Urban Forestry that the required City tree plantings and associated soil volumes and soil infrastructure is feasible e. prior to final Site Plan Approval for any part of the site, the Owner shall submit a construction management plan for the development with the general matters included in the Section 37 Agreement, including but not limited to, noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, coordination with adjacent on-going development construction, parking and laneway uses and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, and any other matters requested by the Chief Planner and Executive Director, City Planning, and the General Manager, Transportation Services, in consultation with the Ward Councillor; f. the owner will construct and maintain the development of the site in accordance with Tier 1, Toronto Green Standard, and the owner will be encouraged to achieve Tier 2 Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the site.

  Clerk’s note

  The Toronto and East York Community Council held a statutory public meeting on April 21, 2021 and notice was given in accordance with the Planning Act.

• 2021-05-05 · Toronto City Council · adopted