765 Steeles Ave West - Zoning By-law Amendment Application - Final Report

3. City Council authorize the City Solicitor to submit the necessary Bills to implement City Council's decision provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will be issued until such time as the Section 37 Agreement is executed and registered. 4. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment(s) as may be required. 5. City Council approve that in accordance with Section 42 of the Planning Act, prior to the first above grade building permit, the owner shall convey to the City an on-site parkland dedication, having a minimum size of 1,575 square metres located in the southern portion of the site, to the satisfaction of the General Manager, Park, Forestry and Recreation and the City Solicitor. 6. City Council approve the acceptance of on-site parkland dedication, subject to the owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition. 7. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of Development Charges By-law, as may be amended from time to time. 8. City Council direct that the future public park being secured as part of the development be permitted to be used for the stockpiling of any soils or materials, or as an interim construction staging area for the development, subject to an agreement having been obtained outlining the insurance requirements, extent of area and use permitted, tree removal and replacement, duration, restoration plan and costs, to the satisfaction of the General Manager, Parks, Forestry and Recreation. 9. City Council direct that any compensation for the use of the future public park in accordance with Part 8 above, be charged in the same manner as set out in Municipal Code Chapter 441 (Fees and Charges), Appendix C - Schedule 2, Transportation Services, Ref. No. 38 describing fees to temporarily occupy a portion of sidewalk or boulevard, or, as otherwise may be agreed between the parties, and to the satisfaction of the General Manager, Parks, Forestry and Recreation. 10. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act (the "Section 37 Agreement"): a. the community benefits recommended to be secured in the Section 37 Agreement are as follows: i. the owner agrees to design, construct, finish, furnish and equip at its expense, a two-storey (ground floor and second floor) non-profit licensed child care facility comprising 790 square metres of interior space and adjacent exterior space comprising of 273 square metres including outdoor storage and a minimum of three (3) parking spaces reserved for the exclusive use of the child care facility for pick-up/drop-off operations, (the "Child Care Centre"): a. shall provide a non-profit licensed daycare centre to be leased to the City for 99 years for nominal base rent (which nominal sum shall include base rent only, and not additional rent, operating costs, utilities, maintenance or garbage and recycling collection), and subleased to a non-profit child care operator non-profit community service use in the premises to be secured upon such terms and conditions as per the City's Child Care Development Guideline (2021) (the "Child Care Term Sheet") to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; the Child Care Centre shall be designed, constructed and finished, generally in accordance with the Child Care Term Sheet to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Children's Services, save and except: i. there shall be no Developer Financial Obligations as set out in Paragraph 5 of the Child Care Term Sheet; and ii. the relevant Child Care Term Sheet provisions relating to conveyance and shared facilities agreement shall not apply; b. three (3) dedicated parking spaces will be provided free-of-charge for the exclusive use of the Child Care Centre for pick-up/drop-off operations; these spaces to be assigned accordingly, and be located in close proximity to the main entrance, at ground level providing the shortest route between the parking spots and the Child Care Centre, which shall be barrier-free; and c. any other details related to the Child Care Centre such as timing, location, obligations and any matters necessary to implement the Child Care Centre, which have not been addressed in the City Council decision will be finalized between the owner and the City and will be substantially in accordance with the City of Toronto's Child Care Design and Technical Guidelines (2016) and the Child Care and Early Years Act (2014) and to the satisfaction of the Executive Director, Corporate Real Estate Management, the General Manager, Children's Services, and the Chief Planner and Executive Director, City Planning, in consultation with the City Solicitor; b. the following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support the development: i. the owner shall continue to provide and maintain the existing one hundred and sixty-seven (167) rental dwelling units at 765 Steeles Avenue West as rental housing, together with the new and retained associated facilities and amenities of the residential rental property, for a period of at least twenty (20) years commencing from the date the Zoning By-law Amendments come into force and effect, with no application for demolition or conversion to condominium ownership or from residential rental use during such twenty (20) year period, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; ii. the owner shall provide tenants of all existing one hundred and sixty-seven (167) rental dwelling units at 765 Steeles Avenue West with access to, and use of, all indoor and outdoor amenities in the proposed development at no extra charge, and on the same terms and conditions as any other resident of the development, without the need to pre-book or pay a fee unless specifically required as a customary practice for private bookings; iii. the owner shall, at its sole expense and at no cost to tenants, undertake a tenant survey and provide improvements to the existing rental housing at 765 Steeles Avenue West, as follows: a. the owner shall undertake a tenant survey to identify needed improvements and renovations to the existing rental housing at 765 Steeles Avenue West to extend the life of the building that is to remain and to improve amenities, to the satisfaction of the Chief Planner and Executive Director, City Planning; b. prior to the issuance of Notice of Approval Conditions for Site Plan approval, the owner shall submit to the City a Construction Mitigation Strategy and Tenant Communication Plan to mitigate the impacts of construction of the development on tenants of the existing rental building at 765 Steeles Avenue West, to the satisfaction of the Chief Planner and Executive Director, City Planning; c. prior to the issuance of the first above-grade building permit for the development, the owner shall provide the City with a Letter of Credit having a maximum value of six hundred thousand dollars ($600,000) to secure the rental housing improvements identified by the tenant survey required in Part 10.b.iii.a. above; for clarity, if the total construction value of rental housing improvements identified by the tenant survey is less than six hundred thousand dollars ($600,000), as demonstrated by one or more quotations provided by a qualified contractor, then such lower construction value shall determine the value of the Letter of Credit provided to the City and the owner shall undertake all improvements identified by the survey; if the total construction value of the rental housing improvements identified by the tenant survey exceeds six hundred thousand dollars ($600,000), then the owner shall undertake selected rental housing improvements having a total construction value of not more than six hundred thousand dollars ($600,000), which shall be the value of the Letter of Credit provided to the City, and the selection of such improvements shall be made in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning; d. prior to first occupancy of any new residential units, the Owner shall complete the rental housing improvements identified by the tenant survey required in Part 10.b.iii.a. above and secured by the Letter of Credit required in Part 10.b.iii.c. above, to the satisfaction of the Chief Planner and Executive Director, City Planning; and e. the costs associated with the provision and maintenance of the rental housing improvements and Construction Mitigation Strategy and Tenant Communication Plan required in Part 10.b.iii.a. through 10.b.iii.d. above shall not be passed on to tenants of the existing rental building at 765 Steeles Avenue West in any form; for clarity, the owner shall agree to not apply to the Landlord and Tenant Board, or any successor tribunal with jurisdiction other applications made under the legislation governing residential tenancies in Ontario, for an above-guideline increase in rent to recover expenses incurred in completing the rental housing improvements identified by the tenant survey required in Part 10.b.iii.a. above and secured by the Letter of Credit required in Part 10.b.iii.c. above; and iv. the conveyance of the 1,575 square metres parkland dedication, free and clear, above and below grade of all physical obstructions and easements, encumbrances and encroachments, including surface and subsurface easements, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor. 11. City Council require the Owner to construct and provide and maintain a Privately Owned and Publicly-Accessible Open Space at 765 Steeles Avenue West with a minimum area of 514 square metres generally located at the southern eastern edge of the property in the location generally identified in the Zoning By-law Amendment, with specific configuration and design of the Privately Owned and Publicly-Accessible Open Space to be determined and secured in the context of Site Plan approval for the development to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor. 12. City Council determine that no further notice is to be given in respect of the proposed by-law amendment under section 34(17) of the Planning Act.