1025 The Queensway - Zoning By-law Amendment Application - Decision Report - Approval

The two 7-storey buildings are within the General Employment Areas, and proposed employment uses are in conformity with the Official Plan. Additional summaries are provided as follows: - Three new public streets are proposed, and are designed to be complete streets, accommodating all modes of transportation. - Two phases of development are proposed, with Phase 1 including buildings C1, R1, R2, R3, R4, R10, the north enhanced landscape area, and Public Street A. Phase 2 would include buildings C2, R5, R6, R7, R8, R9, an enhanced landscape area at the central portion of the site, and Public Streets B and C. - The phasing takes into consideration the desire to maintain the Cineplex on the site for as long as possible. To support the continued operation of the Cineplex, a minimum amount of surface parking spaces will be maintained. - The sequencing of the overall development is proposed through 8 holding symbols, with an intent to commence the development in a clockwise direction, such that Public Road C and the buildings to the south, at the location of the existing Cineplex, would be in the last sequence of development in Phase 2. - A 929-square-metre child care facility with an associated outdoor space of 344 square metres will be secured as an in-kind community benefit. Prior to the issuance of each of the above grade permits for the first, third and fifth buildings, 20 percent each of the cost of the child care facility shall be secured in the form of letters of credit provided to the City, with the amount adjusted in accordance with the most recent annual change in the Statistics Canada quarterly Consumer Price Index. Prior to the issuance of the above grade permit for the 10th building, the child care facility shall be fully constructed. - A 4,265-square-metre central public park and two enhanced landscape areas at the north and central portions of the site are proposed. Prior to the issuance of the above grade permit for the first building, an interim park within the north enhanced landscape area, with an area of 1,710 square metres, would be conveyed to the City. The first half of the permanent park (2,133 square metres) at the central portion of the site would be conveyed prior to the above grade permit of the fourth building. The second half of the permanent park would be conveyed prior to the issuance of the above grade permit for the 8th building. Conveyance of the interim and permanent parks would be independent of the phasing described below. A Draft Plan of Subdivision application has been submitted to create the necessary blocks to support the proposed development (File No. 24 153246 WET 03 SB). A separate report on the Draft Plan of Subdivision (Attachment 10) is planned for a later date.

3. City Council allow the owner of the Site to construct, finish, furnish, equip and convey to the City a non-profit licensed child care facility to the satisfaction of the Executive Director, Development Review, and the General Manager, Children's Services, as part of the development, as an in-kind contribution pursuant to subsection 37(6) of the Planning Act, in accordance with the following terms: a. The child care facility will comprise a minimum of 929 square metres indoor area located on the ground floor of the proposed development; b. A minimum of 344 square metres of outdoor space located adjacent to the indoor area; c. The child care facility shall be designed, constructed and delivered in accordance with the Child Care Early Years Act, 2014 and the City of Toronto Child Care Design and Technical Guideline R1 (2016), including any amendments; d. Prior to the issuance of the above grade building permit for the first building, the owner shall provide to the City a letter of credit to secure the child care facility any amount sufficient to guarantee 20 percent of the estimated cost to design, construct, and transfer the child care facility, complying with the specifications and requirements of the In Kind Contribution Agreement, to the satisfaction of the General Manager, Children's Services, and the Chief Financial Officer; e. Prior to the issuance of the above grade building permit for the third building, the owner shall provide to the City a letter of credit to secure the child care facility in any amount sufficient to guarantee 20 percent of the estimated cost to design, construct, and transfer the child care facility, complying with the specifications and requirements of the In Kind Contribution Agreement, to the satisfaction of the General Manager, Children's Services, and the Chief Financial Officer. f. Prior to the issuance of the above grade building permit for the fifth building, the owner shall provide to the City a letter of credit to secure the child care facility in any amount sufficient to guarantee 20 percent of the estimated cost to design, construct, and transfer the child care facility complying with the specifications and requirements of the In Kind Contribution Agreement, to the satisfaction of the General Manager, Children's Services, and the Chief Financial Officer; g. Prior to the issuance of the above grade building permit for construction of the 10th building, the day care facility will be constructed; h. Upon issuance of the 10th building permit, the City shall release the letters of credit to the owner for the design, construct, and transfer the child care facility, complying with the specifications and requirements of the In-Kind Contribution Agreement; and, i. All financial contributions shall be adjusted in accordance with the most recent annual change in the Statistics Canada Quarterly Consumes Price Index. 4. City Council authorize the Executive Director, Development Review to enter into an Agreement pursuant to subsection 37(7.1) of the Planning Act (the "In-kind Contribution Agreement") to address the provision of the in-kind contribution identified in Recommendation 3 above to the satisfaction of the Executive Director, Development Review, and the City Solicitor, with such agreement to be registered on title to the Site and such agreement shall be evidence of arrangements for the provision of the in-kind contribution that are satisfactory to City Council. 5. City Council attribute a value to the in-kind contribution set out in Recommendation 4 above, equal to 100 percent of 4 percent of the value of the land (net of any exclusions or exemptions authorized under the Community Benefits Charge By-law), as determined the day before the day the first building permit is issued in respect of the development. 6. City Council approve that in accordance with Section 42 of the Planning Act, the owner shall convey to the City, an on-site parkland dedication, having a minimum size of 4,265 square metres (the "Park Block"), to the satisfaction of the General Manager, Parks and Recreation, and the City Solicitor, including the following instructions: a. Prior to the issuance of the first above grade permit for the first building, the owner will convey an interim park (the "Interim Park") to the City within the Enhanced Landscape Area North, having a minimum size of 1,710 square metres as generally shown on Diagrams 7a and 7c of the draft Zoning By-law; b. Prior to the issuance of the first above grade building permit for the fourth building, the owner shall convey the northern half of the Park Block to satisfy a portion of the on-site parkland dedication ("Phase 1 Park"), having a minimum size of 2,133 square metres, to the satisfaction of the General Manager, Parks and Recreation, and the City Solicitor; c. Prior to the issuance of the first above grade building permit for the eighth building, the owner shall exchange the southern portion of the Park Block for the Interim Park to satisfy the remaining on-site parkland dedication owed ("Phase 2 Park"), having a minimum size of 2,132 square metres, to the satisfaction of the General Manager, Parks and Recreation, and the City Solicitor; and d. City Council require the owner to obtain all necessary approvals as may be required by the City and enter into a Land Exchange Agreement with the City for the transfer by the owner of the Phase 2 Park to the City in exchange for the City transferring the Interim Park to the owner, all to the satisfaction of the City Solicitor and the Executive Director, Corporate Real Estate Management. 7. City Council approve the acceptance of the Interim Park and on-site parkland dedication subject to the owner transferring the Interim Park and Park Block to the City free and clear, above and below grade, of all easements, encumbrances and encroachments, in an acceptable environmental condition. 8. City Council approve that as a component of the Registration of Plan of Subdivision, if necessary, the owner shall register a Section 118 Restriction, pursuant to the Land Titles Act against title to the Park Block to be conveyed to the City, that prohibits the transfer or charge of the parkland without the prior written consent of the General Manager, Parks and Recreation, to the satisfaction of the City Solicitor. 9. 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 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 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. 10. City Council authorize the Chief Planner and Executive Director, City Planning, to enter into agreement(s) with the owner including a restriction pursuant to Section 118 of the Land Titles Act to be registered on title to the lands, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, to secure the provision of affordable housing required for the site, in accordance with Site and Area Specific Policy 432, and with such agreement(s) registered in priority on title to the lands if deemed necessary by the City Solicitor. 11. Prior to introducing the necessary Bills for enactment, City Council require the owner: a. To enter into the In-kind Contribution Agreement pursuant to Section 37(7.1) of the Planning Act to secure the in-kind contribution referenced in Recommendation 4 above, to the satisfaction of the City Solicitor; and b. To obtain Draft Plan of Subdivision approval for the whole site from the Executive Director, Development Review.