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Toronto and East York Community Council · 2021-11-24 · 2021.TE29.4

The filed record

212-218 Dundas Street East and 279 1/2 George Street - Zoning Amendment Applications - Final Report

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The decision

2021-12-15 · Toronto City Council · adopted

As filed

City Council on December 15, 16 and 17, 2021, adopted the following: 1. City Council amend Zoning By-law 438-86 for the lands at 212-218 Dundas Street East and 279 1/2 George Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (October 28, 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 212-218 Dundas Street East and 279 1/2 George Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (October 28, 2021) from the Director, Community Planning, Toronto and East York District.

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3. City Council authorize 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 Parts 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 Parts 5 to 6 below at the owner's expense, with such Agreement(s) to be registered on title to the lands at 212-218 Dundas Street East and 279 1/2 George Street in a manner satisfactory to the City Solicitor; b. submit a revised Functional Servicing and Stormwater Management Report, revised Servicing Groundwater Summary, a revised Hydrological Review Summary, and revised Architectural plans to show that the required Jelly Fish filter can be accommodated within the site, for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services; c. pay for and construct any improvements to the municipal infrastructure in connection with the site servicing report, as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that upgrades to such infrastructure are required to support this development; d. withdraw its appeals to Official Plan Amendment 352, being the Downtown Tall Buildings Setback Area Specific Policy and the associated Zoning By-laws 1106-2016 and 1107-2016, as they relate to the subject lands; e. withdraw its appeal of Garden District Heritage Conservation District and Garden District Heritage Conservation District Plan; and f. withdraw its appeal of the Priority Retail Streets City-initiated Zoning By-law Amendments 1681-2019 and 1682-2019. 5. Before introducing the necessary Bills to City Council for enactment, 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. the owner shall provide community benefits having a value to be determined and be allocated at the discretion, and to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councilor; b. the cash contribution referred to in Part 5.a. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential 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; and c. in the event the cash contribution referred to in Part 5.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. 6. 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. the owner shall continue to provide and maintain the ten (10) existing rental dwelling units on the lands at 279 1/2 George Street as rental housing, together with the associated facilities and amenities of the existing rental apartment building, for a period of at least 20 years commencing from the date that the Zoning By-laws come into force and effect, and with no applications for demolition or conversion from residential rental use during such 20 year period, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; b. the owner shall undertake improvements to the existing rental apartment building, taking into account tenant responses to the required Tenant Survey related to programming of amenity space, to the satisfaction of the Chief Planner and Executive Director, City Planning or their designate, including, but not limited to, the following: Prior to the first above-grade building permit for any part of the development: i. improvements to the existing waste management facilities including storage of garbage, recycling and composting; ii. accessibility improvements within the existing rental apartment building, including push button automatic door openers for all common doors, where possible, and an accessible clothes folding table within the laundry room; iii. improvements to the laundry room within the existing residential rental building; iv. short-term bicycle parking near the front entrance of the existing residential rental building; v. improvements and repairs to the existing ten (10) rental units,with repairs and improvements to be determined through the site plan application review process and secured in a Site Plan Agreement; and vi. improvements to the existing outdoor or new outdoor amenity ares, to be shared amongst residents of the existing rental apartment building, with programming of a similar nature to be determined through the site plan application review process and secured in a Site Plan Agreement; c. the costs of all improvements to the existing rental apartment building and associated spaces, both within and outside the building, as described above, shall not be passed on to tenants of the existing building in any form, including by way of an application to the Ontario Landlord Tenant Board or to any successor tribunal with jurisdiction to hear applications made under the legislation governing residential tenancies in Ontario, for the purpose of obtaining an increase in residential rent above the applicable guideline; d. prior to Site Plan Approval for the development the owner agrees to develop a Construction Mitigation and Tenant Communication Plan to mitigate the impacts of construction on existing tenants, all to the satisfaction of the Chief Planner and Executive Director, City Planning; e. the owner shall provide a minimum of 10 percent of all new units in the proposed 41-storey building as 3-bedroom units; f. the owner shall provide a minimum of 15 percent of all new units in the proposed 41-storey building as 2-bedroom units; g. the owner shall provide a minimum of 15 percent of all new units in the proposed 41-storey building as 2 and/or 3 bedroom units or units that can be converted to 2 and 3 bedroom units through the use of accessible or adaptable design measures; h. 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; i. wind mitigation and privacy measures, such as a 1.8 metre high perimeter wind screen and/or raised planters, shall be provided along the perimeter of the outdoor amenity area where necessary to protect adjacent properties and residents; j. 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; and k. 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.

On the agenda

As the city filed it

This application proposes to amend the Zoning By-laws to permit a 41 storey mixed use development including ground floor commercial uses and 490 dwelling units with a total gross floor area of 32,023 square metres at 212-218 Dundas Street East and 279 1/2 George Street. The proposed building would have a height of 133.2 metres including the mechanical penthouse. The proposal would entail the retention, in-situ, of the 10 rental dwelling units contained within the existing 3-storey rental apartment building at 279 1/2 George Street.

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The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with the A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) and conforms to the City's Official Plan. This report reviews and recommends approval of the application to amend the Zoning By-law, both by-laws 438-86 and 569-13. The proposal is in keeping with the intent of the Toronto Official Plan, particularly as it relates to intensification in the Downtown, which is a designated growth area, in the form of a tall building which conforms to the site specific provisions of Official Plan Amendment 82, the Downtown Plan and generally conforms with the guidelines. Staff worked with the applicant and the community to address and resolve various massing issues including appropriate tower and podium heights and heritage impacts. The provision of a range of dwelling unit types will help address housing issues. Staff recommend that Council support approval of the zoning by-law amendment application

Staff recommended

The City Planning Division recommends that: 1. City Council amend Zoning By-law 438-86 for the lands at 212-218 Dundas Street East and 279 1/2 George Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No.5 to this report. 2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 212-218 Dundas Street East and 279 1/2 George Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No.

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6 to this report. 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 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 6 at the owner's expense, with such Agreement(s) to be registered on title to the lands at 212-218 Dundas Street East and 279 1/2 George Street in a manner satisfactory to the City Solicitor; b. Submit a revised Functional Servicing and Stormwater Management Report, revised Servicing Groundwater Summary, a revised Hydrological Review Summary, and revised Architectural plans to show that the required Jelly Fish filter can be accommodated within the site, for review and acceptance by the Chief Engineer & Executive Director, Engineering and Construction Services; and c. Pay for and construct any improvements to the municipal infrastructure in connection with the site servicing report, as accepted by the Chief Engineer & Executive Director, Engineering and Construction Services, should it be determined that upgrades to such infrastructure are required to support this development. d. Withdraw its appeals to Official Plan Amendment 352, being the Downtown Tall Buildings Setback Area Specific Policy and the associated Zoning By-laws 1106-2016 and 1107-2016, as they relate to the subject lands. 5. Before introducing the necessary Bills to City Council for enactment, 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. the owner shall provide community benefits having a value to be determined and be allocated at the discretion, and to the satisfaction of the Chief Planner and Executive Director, City Planning Division, in consultation with the Ward Councilor; b. the cash contribution referred to in Recommendation 5(a) shall be indexed upwardly in accordance with the Statistics Canada Non-Residential 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 5(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 6. 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. The owner shall continue to provide and maintain the ten (10) existing rental dwelling units on the lands at 279 1/2 George Street as rental housing, together with the associated facilities and amenities of the existing rental apartment building, for a period of at least 20 years commencing from the date that the Zoning By-laws come into force and effect, and with no applications for demolition or conversion from residential rental use during such 20 year period, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor. b. The owner shall undertake improvements to the existing rental apartment building, taking into account tenant responses to the required Tenant Survey related to programming of amenity space, to the satisfaction of the Chief Planner and Executive Director, City Planning Division or their designate, including, but not limited to, the following: Prior to the first above-grade building permit for any part of the development: i. Improvements to the existing waste management facilities including storage of garbage, recycling and composting; ii. Accessibility improvements within the existing rental apartment building, including push button automatic door openers for all common doors, where possible, and an accessible clothes folding table within the laundry room; iii. Improvements to the laundry room within the existing residential rental building; iv. Short-term bicycle parking near the front entrance of the existing residential rental building; v. Improvements and repairs to the existing ten (10) rental units,with repairs and improvements to be determined through the site plan application review process and secured in a Site Plan Agreement; vi. Improvements to the existing outdoor or new outdoor amenity ares, to be shared amongst residents of the existing rental apartment building, with programming of a similar nature to be determined through the site plan application review process and secured in a Site Plan Agreement c. The costs of all improvements to the existing rental apartment building and associated spaces, both within and outside the building, as described above, shall not be passed on to tenants of the existing building in any form, including by way of an application to the Ontario Landlord Tenant Board or to any successor tribunal with jurisdiction to hear applications made under the legislation governing residential tenancies in Ontario, for the purpose of obtaining an increase in residential rent above the applicable guideline; d. Prior to Site Plan Approval for the development the owner agrees to develop a Construction Mitigation and Tenant Communication Plan to mitigate the impacts of construction on existing tenants, all to the satisfaction of the Chief Planner and Executive Director, City Planning Division;, e. The owner shall provide a minimum of 10-percent of all new units in the proposed 41-storey building as 3-bedroom units; f. The owner shall provide a minimum of 15-percent of all new units in the proposed 41-storey building as 2-bedroom units; g. The owner shall provide a minimum of 15-percent of all new units in the proposed 41-storey building as 2 and/or 3 bedroom units or units that can be converted to 2 and 3 bedroom units through the use of accessible or adaptable design measures; h. 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; i. wind mitigation and privacy measures, such as a 1.8 m high perimeter wind screen and/or raised planters, shall be provided along the perimeter of the outdoor amenity area where necessary to protect adjacent properties and residents; j. 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; k. 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.

Considered

  • 2021-11-24 · Toronto and East York Community Council · amended

    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 212-218 Dundas Street East and 279 1/2 George Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (October 28, 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 212-218 Dundas Street East and 279 1/2 George Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (October 28, 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 6 at the owner's expense, with such Agreement(s) to be registered on title to the lands at 212-218 Dundas Street East and 279 1/2 George Street in a manner satisfactory to the City Solicitor; b. Submit a revised Functional Servicing and Stormwater Management Report, revised Servicing Groundwater Summary, a revised Hydrological Review Summary, and revised Architectural plans to show that the required Jelly Fish filter can be accommodated within the site, for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services; c. Pay for and construct any improvements to the municipal infrastructure in connection with the site servicing report, as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that upgrades to such infrastructure are required to support this development; d. Withdraw its appeals to Official Plan Amendment 352, being the Downtown Tall Buildings Setback Area Specific Policy and the associated Zoning By-laws 1106-2016 and 1107-2016, as they relate to the subject lands; and e. Withdraw its appeal of Garden District Heritage Conservation District and Garden District Heritage Conservation District Plan; f. Withdraw its appeal of the Priority Retail Streets City-initiated Zoning By-law Amendments 1681-2019 and 1682-2019. 5. Before introducing the necessary Bills to City Council for enactment, 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. the owner shall provide community benefits having a value to be determined and be allocated at the discretion, and to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councilor; b. the cash contribution referred to in Recommendation 5.a. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential 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 5.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 6. 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. The owner shall continue to provide and maintain the ten (10) existing rental dwelling units on the lands at 279 1/2 George Street as rental housing, together with the associated facilities and amenities of the existing rental apartment building, for a period of at least 20 years commencing from the date that the Zoning By-laws come into force and effect, and with no applications for demolition or conversion from residential rental use during such 20 year period, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor. b. The owner shall undertake improvements to the existing rental apartment building, taking into account tenant responses to the required Tenant Survey related to programming of amenity space, to the satisfaction of the Chief Planner and Executive Director, City Planning or their designate, including, but not limited to, the following: Prior to the first above-grade building permit for any part of the development: i. Improvements to the existing waste management facilities including storage of garbage, recycling and composting; ii. Accessibility improvements within the existing rental apartment building, including push button automatic door openers for all common doors, where possible, and an accessible clothes folding table within the laundry room; iii. Improvements to the laundry room within the existing residential rental building; iv. Short-term bicycle parking near the front entrance of the existing residential rental building; v. Improvements and repairs to the existing ten (10) rental units,with repairs and improvements to be determined through the site plan application review process and secured in a Site Plan Agreement; vi. Improvements to the existing outdoor or new outdoor amenity ares, to be shared amongst residents of the existing rental apartment building, with programming of a similar nature to be determined through the site plan application review process and secured in a Site Plan Agreement c. The costs of all improvements to the existing rental apartment building and associated spaces, both within and outside the building, as described above, shall not be passed on to tenants of the existing building in any form, including by way of an application to the Ontario Landlord Tenant Board or to any successor tribunal with jurisdiction to hear applications made under the legislation governing residential tenancies in Ontario, for the purpose of obtaining an increase in residential rent above the applicable guideline; d. Prior to Site Plan Approval for the development the owner agrees to develop a Construction Mitigation and Tenant Communication Plan to mitigate the impacts of construction on existing tenants, all to the satisfaction of the Chief Planner and Executive Director, City Planning;, e. The owner shall provide a minimum of 10-percent of all new units in the proposed 41-storey building as 3-bedroom units; f. The owner shall provide a minimum of 15-percent of all new units in the proposed 41-storey building as 2-bedroom units; g. The owner shall provide a minimum of 15-percent of all new units in the proposed 41-storey building as 2 and/or 3 bedroom units or units that can be converted to 2 and 3 bedroom units through the use of accessible or adaptable design measures; h. 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; i. wind mitigation and privacy measures, such as a 1.8 m high perimeter wind screen and/or raised planters, shall be provided along the perimeter of the outdoor amenity area where necessary to protect adjacent properties and residents; j. 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; k. 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 November 24, 2021 and notice was given in accordance with the Planning Act.

  • 2021-12-15 · Toronto City Council · adopted

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