1500-1536 St. Clair Avenue West and 20-36 Caledonia Road - Official Plan Amendment and Zoning By-law Amendment Application - Final Report

Considered

• 2022-05-26 · Toronto and East York Community Council · amended

  Decision as filed

  The Toronto and East York Community Council recommends that: 1. City Council amend the Official Plan, for the lands at 1500-1536 St. Clair Avenue West and 20-36 Caledonia Road substantially in accordance with the draft Official Plan Amendment attached as Attachment 5 to the report (May 9, 2022) from the Director, Community Planning, Toronto and East York District. 2. City Council amend Zoning By-law 569-2013, for the lands at 1500-1536 St.

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  Clair Avenue West and 20-36 Caledonia Road, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (May 9, 2022) from the Director, Community Planning, Toronto and East York District. 3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and draft Zoning By-law Amendment as may be required. 4. City Council authorize the City Solicitor and appropriate City staff to take such actions as are required to implement City Council's decision, including the execution and implementation of appropriate agreements. 5. City Council authorize the entering into of an Agreement pursuant to Section 37 of the Planning Act, satisfactory to the City Solicitor to secure the following matters as community benefits and as a legal convenience to support the development: a. the owner shall enter into assignable Agreement(s) of Purchase and Sale ("Purchase Agreements") to convey, at below market value (as further described below), up to forty (40) dwelling units comprised of a minimum total 2,280 saleable square metres (24,500 saleable square feet) to a maximum of 2,375 saleable square metres (25,530 saleable square feet) ( the "Affordable Ownership Units") for the purchase of affordable ownership housing by Habitat for Humanity (the "Provider"), with the City included as a contingent transferee, which Purchase Agreements will be formalized by the owner, the Provider and the City (as contingent transferee) entering into the owner's standard form of residential condominium agreement of purchase and sale for the Development as amended to reflect the terms and conditions set out below, within the later of 30 days of the owner being licenced with the Home Construction Regulatory Authority and Tarion and having finalized for release the disclosure statement required by the Condominium Act; in accordance with the following terms: i. The Affordable Ownership Units shall have the following minimum specifications: a. the location and layouts of the new Affordable Ownership Units within the approved development on the lands shall be to the satisfaction of the Chief Planner and Executive Director, City Planning, and Executive Director, Housing Secretariat; and b. the Affordable Ownership Units shall be constructed to a fully-finished condition, with appliances including washer and dryer, to a similar standard as the market units in the remainder of the Development; ii. the owner shall ensure that the condominium Declaration provides all owners or residents of the Affordable Ownership Units with access to, as well as the use of, all indoor and outdoor amenities in the Development at no extra charge and on the same terms and conditions as any other owner or resident of the building without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings; iii. the owner shall ensure that the condominium Declaration provides all owners or residents of the Affordable Ownership Units with access to permanent and visitor bicycle parking/bicycle lockers on the same terms and conditions as any other resident of the building and in accordance with the Zoning By-law; iv. the proportionate share of each Affordable Ownership Unit's interest in the common interests/common expense of the condominium reflected in Schedule D to the condominium Declaration expressed as a percentage shall be stated as 50 percent of the proportionate interest/share of the common interests/common expenses (including 50 percent of any reserve fund contributions, and 50 percent of any special assessments) for the same type and size of market unit in the condominium; v. the Declaration shall contain an express duty that the Condominium Corporation shall not take steps to amend the Declaration or impose other fees and charges against or attributable to the Affordable Ownership Units for the 99 year term to indirectly make up or increase the common expenses payable by these units; vi. the Declaration shall contain a requirement that the Condominium Corporation provide to the Provider and the City written notice at least 90 days prior to a meeting of the board of directors of the condominium to pass a resolution approving any proposed amendment to the Declaration, with a copy of the proposed amendment; vii. prior to the registration of the condominium, the obligations in Recommendation 5.a)iv., 5.a)v and 5.a)vi above shall be reflected in an indemnity agreement (the "Indemnity Agreement") to be entered into between the owner, Provider and the City of Toronto, with content satisfactory to the Executive Director, Housing Secretariat and in a form satisfactory to the City Solicitor; and viii. following Condominium Registration and prior to the conveyance of the first market unit in the condominium, an assumption agreement of the Indemnity Agreement shall be entered into by the Owner and the condominium corporation, in a form of assumption agreement acceptable to the subject parties (the "Indemnity Assumption Agreement"), through which the condominium corporation shall assume all of the owner's obligations under the Indemnity Agreement; an executed copy of the Indemnity Assumption Agreement shall be delivered to the City within five (5) business days thereafter together with a copy of the registered bylaw of the condominium corporation; b. the purchase price payable to the owner shall be up to $1,225.00 per saleable square foot inclusive of HST (the "Purchase Price") and shall be subject to the following: i. The Provider shall be responsible to pay applicable land transfer taxes associated with the conveyance of the Affordable Ownership; ii. There shall be no closing adjustments made with respect to the Affordable Ownership Units transferred to the Provider, other than adjustments for monthly occupancy fees or common expense fees and realty taxes for the year in which the final closing date occurs, adjusted and payable on either the interim occupancy or final closing date of the sale of each unit; iii. the owner shall be solely responsible and liable for remitting the Harmonized Sales Tax eligible on each of the units' conveyances, if the conveyances to the Provider and/or the City of Toronto are not be eligible for any new housing rebates; iv. the Purchase Price shall be adjusted downward by the amount of the Development Charge Deferral as set out in Recommendation 5.c below; v. Prior to the issuance of the first above grade building permit, the owner shall provide a total cash contribution of $7,500,000.00 towards the purchase of the Affordable Ownership Units, which shall be delivered by way of a credit to the Purchase Price of each Affordable Ownership Unit, the amount of such credit to each Affordable Ownership Unit to be determined by the City; and vi. All cash contributions referred to in Recommendation 5.b)v. above, shall be indexed upwardly in accordance with the Statistics Canada Construction Price Index for Toronto, calculated from the date of the execution of the Section 37 Agreement to the date the payment is made. c. the owner shall enter into an agreement with the Provider and the City, being a Home Ownership Assistance Program ("HOAP") delivery agreement ("HOAP Agreement"), no later than 180 days after zoning by-law amendment(s) permitting the Development becomes final and binding or within such longer period of time as the City and the owner may agree to, but in any case before Development Charges for the Affordable Ownership Units would otherwise be due, which HOAP Agreement will provide for the Affordable Ownership Units to be secured as affordable ownership housing for a minimum period of 99 years beginning from the date that each such unit is first sold to an eligible purchaser, on terms satisfactory to the City. The HOAP Agreement will include: i. a requirement and timelines for the Provider to prepare a long term affordable ownership plan, outlining its method of ensuring that affordability will be maintained for the 99 year period, to be provided to the satisfaction of the Executive Director, Housing Secretariat and the Provider shall be obligated to administer the units in accordance with the finally approved plan; ii. a requirement that at least 10 percent of the Affordable Ownership Units be dedicated to the Black North Initiative Homeownership Bridge Program administered by the Provider; iii. at least six months in advance of any new Affordable Ownership Unit being made available for occupancy, the Provider shall develop and implement an Owner/Occupant Access Plan in consultation with, and to the satisfaction of the Executive Director, Housing Secretariat; iv. the deferral of development charges for the Affordable Ownership Units under the terms of the City's Home Ownership Assistance Program, such that the owner shall not be obligated to pay to the City the otherwise payable Development Charges for the Affordable Ownership Units, (the "Development Charge Deferral") and re-payment of such deferred Development Charges by the owner shall occur if the owner is unable to transfer the units for affordable housing in accordance with these terms, and thus the owner is able to sell the units without restrictions; v. the benefit of the Development Charge Deferral shall be secured by a charge against the Lands equivalent to the amount of the Development Charge Deferral; vi. the charge in favour of the City will be registered after the execution of the Home Ownership Assistance Program Agreement and prior to when the Development Charges would otherwise be payable by the owner to the City; the City agrees to postpone the charge and rank behind charges for preconstruction, construction and surety financings, easements for utilities and telecommunications and, and in the event the charge encumbers lands required in support of the Development to be transferred to the City or other government authority, such as the Toronto and Region Conservation Authority, the City shall provide a release and partial discharge; vii. the charge described above, shall be partially discharged forthwith from all but the Affordable Ownership Units upon the availability of a legal description for the said units; and viii. the charge will be discharged from each Affordable Ownership Unit upon a second charge being registered to secure the value of the Development Charge Deferral by the Provider or eligible purchaser, as the case may be, to the satisfaction of the City; d. in the event the owner, after employing reasonable commercial efforts; i. does not enter the Home Ownership Assistance Program Agreement with the Provider and the City in accordance with Recommendation 5.c. above; or ii. does not enter into the Purchase Agreements for all the Affordable Ownership Units or is unable to complete all the transfers to the Provider or the City's Assignee, or the City, in its sole discretion, chooses not to accept the transfers from the owner or assign its rights, as contingent transferee in accordance with the Purchase Agreements for the Affordable Ownership Units, the owner shall instead make a cash contribution to the City in the amount of $7,500,000 to be used towards affordable housing ("Affordable Housing Cash Contribution"); the Affordable Housing Cash Contribution payment shall occur upon the issuance of the first Above-Grade Building Permit, if the Home Ownership Assistance Program Agreement is not executed by the parties; alternatively, if the Home Ownership Assistance Program Agreement is executed by the parties, the Affordable Housing Cash Contribution shall be made the later of the following events: (a) the issuance of the first Above-Grade Building Permit, or (b) the first of the following two events, being either the failure of the owner and Provider to enter into the Purchase Agreements for all of the Affordable Ownership Units in accordance with the terms set out herein, or the failure to complete the transfers of the Affordable Housing Units to the Provider, the City or its assignee in accordance with the terms of the Purchaser Agreements for the Affordable Ownership Units; and iii. the Affordable Housing Cash Contribution shall be indexed annually in accordance with the Non-Residential Construction Price Index for the Toronto CMA, reported quarterly by Statistics Canada in Construction price Statistics Publication No. 62-007-XPB, or its successor, calculated from the date of execution of the Section 37 Agreement to the date of payment; e. forthwith following the registration of the Section 37 Agreement, the owner shall register, to the satisfaction of the City Solicitor, a restriction against title to the Lands pursuant to Section 118 of the Land Titles Act, R.S.O. 1990, c. L.5 to restrict the transferring and/or charging of the Lands by the owner, other than as may be consented to in writing by the Executive Director, Housing Secretariat, which consent won't be unreasonably withheld and which for greater certainty, shall not be withheld to facilitate financing and development; f. the Section 118 Restriction shall be removed forthwith by the City upon any one of the following events occurring as required by these terms: the registration of the charge securing the Development Charge Deferral; or where the Affordable Housing Cash Contribution is paid in accordance with these terms; and g. the owner shall ensure that a minimum of 35% of the saleable area for affordable units will be ready for occupancy in the first tower to be constructed and prior to condo registration, where a purchaser of an Affordable Ownership Units would pay occupancy fees upon taking occupancy of such unit. 6. City Council authorize the Executive Director, Housing Secretariat to execute on behalf of the City of Toronto, the Purchase Agreements for the Affordable Ownership Units, provided that the Purchase Agreements provide the City with the right to assign the Purchase Agreements to other non-profit housing providers or to an eligible purchaser pursuant to the City's Home Ownership Assistance Program, the City is not liable to pay any deposit, penalty or liquidated damages to the owner or the Provider in the event it terminates the Purchase Agreement at a later date for any reason. 7. City Council authorize the Executive Director, Housing Secretariat to execute, on behalf of the City of Toronto, all development charges deferral agreements ("HOAP Agreement") and any security or financing or other documents required by the Provider or a related corporation to obtain conventional financing and subsequent refinancing, including any postponement, tripartite, confirmation of status, discharge or consent documents of any City of Toronto security documents where and when required during the term of the HOAP Agreement, as required by normal business practices, and provided that such documents do not give rise to financial obligations on the part of the City of Toronto that have not been previously approved by City Council. 8. 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, a total required parkland dedication value of $6,500,000.00, indexed upwardly in accordance with the Non-Residential Construction Price Index for Toronto calculated upon the submission of an application for the first above-grade building permit, composed of off-site parkland dedication, of properties acceptable to the General Manager, Parks, Forestry and Recreation and the City Solicitor, subject to the following: a. reasonable best efforts shall be made by the owner to acquire at least one acceptable property and shall be conveyed to the City prior to the issuance of the first above-grade building permit for the development; b. the owner shall comply with the City's environmental requirements with respect to conveyances to the City prior to the conveyance of the off-site parkland dedication to the City and shall be responsible for all costs associated with any environmental work to be completed prior to the conveyance of the land, including the peer review process; c. prior to the issuance of the first above-grade building permit for the development site, the owner shall be responsible for the cost, design and construction of the Base Park Improvements on the off-site parkland dedications; and d. if the cost of acquiring the land for the off-site dedication, including the purchase price, less reasonable real estate commissions of 5 percent, land transfer tax, and typical closing adjustments incurred, to the satisfaction of the General Manager, Parks, Forestry and Recreation, is less than $6,500,000.00, indexed upwardly in accordance with the Non-Residential Construction Price Index for Toronto calculated upon the submission of an application for the first above-grade building permit, the remainder will be paid as cash in lieu to the City prior to the issuance of the first above-grade building permit for the development. 9. City Council approve the acceptance of off-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, to the satisfaction of the General Manager, Parks, Forestry and Recreation. 10. 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 payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time. 11. City Council direct the City Solicitor to secure the provisions of recommendations 8 to 10 above through an agreement pursuant to Section 37 of the Planning Act, and any other necessary agreement(s), satisfactory to the Chief Planner and Executive Director, City Planning, General Manager, Parks, Forestry and Recreation and the City Solicitor. 12. 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 submit a comprehensive Construction Management Plan for each stage of the construction process, to the satisfaction of the General Manager, Transportation Services, the Chief Building Official and Executive Director, Toronto Building, the Chief Planner and Executive Director, City Planning and the Ward Councillor. The Construction Management Plan will include, but not be limited to the following construction-related details: 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, parking and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, and any other matters requested in consultation with the Ward Councillor; b. The owner shall implement the recommendations of the approved Traffic Impact Study including Transportation Demand Management Measures and traffic improvements, to be constructed and paid for by the owner, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services; c. The owner shall submit a Pedestrian Level Wind Study to the satisfaction of the Chief Planner and Executive Director, City Planning; d. The owner shall submit a Commemoration Plan to the satisfaction of the Senior Manager Heritage Planning and Chief Planner and Executive Director, City Planning; e. The peer review of the submitted Rail Safety Assessment, at the owner's sole expense, to the satisfaction of the Chief Planner and Executive Director, City Planning; f. The peer review of the submitted Noise and Vibration Impact Study, at the owner's sole expense, to the satisfaction of the Chief Planner and Executive Director, City Planning; and g. The owner shall provide to the City for nominal consideration Privately Owned Publicly Accessible Open Space (POPS) easements for the on-site POPS of approximately 450 square metres located within the centre of the subject site, for public access and provisions for rights of support if necessary, encumbrances and insurance, and indemnification of the City by the owner, to the satisfaction of the Director, Real Estate Services, the Chief Planner and Executive Director, City Planning, and the City Solicitor in consultation with the Ward Councillor. The owner shall own, operate, maintain, and repair the POPS and install signage in a location to be determined through the Site Plan review process, at its own expense, stating that members of the public shall be entitled to the use of the POPS at any time, 365 days a year. The final design and program of the POPS will be determined through the Site Plan review process and secured in a Site Plan Agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning.

  Clerk’s note

  The Toronto and East York Community Council held a statutory public meeting on May 26, 2022 and notice was given in accordance with the Planning Act.

• 2022-06-15 · Toronto City Council · amended