158 Sterling Road (Blocks 5B, 5C and 5D) and 190 Sterling Road (Block 3B) - Official Plan and Zoning By-law Amendment Applications - Decision Report - Approval

The 28-storey building proposed on Block 3B includes a total Gross Floor Area (GFA) of 22,422 square metres, of which 1,317 square metres is proposed to be non-residential GFA. The application on Block 3B also includes a new 62-space childcare centre that is approximately 928 square metres in size, proposed to be conveyed to the City as a community benefit. The childcare centre has been expanded from the original 36-space childcare centre secured as a community benefit through the site-specific zoning and Section 37 Agreement relating to the previous approval on the site. The 31 storey building proposed on Block 5B includes a total GFA of 25,109 square metres, of which 862 square metres is proposed to be non-residential GFA. It also includes eight affordable housing units (557 square metres) which were secured as a community benefit through a Section 37 Agreement relating to the previous approval on the site. The one storey building proposed on Block 5C includes a total non-residential GFA of 978 square metres. Block 5D is comprised of a narrow strip of land that runs along the western limit of Blocks 5B and 5C. There is no GFA proposed on Block 5D, as it is intended to function as an expanded planting area along the West Toronto Rail Path (the "WTRP"). The proposal on Block 5B also includes approximately 720 square metres of Privately-Owned Publicly Accessible Space (POPS), which takes the form of a central courtyard accessed through a 5.65 metre covered pedestrian pathway from Perth Avenue, through the podium on Block 5B, and from the existing private road that will provide access to Blocks 5B and 5C and Block 3B. This report reviews and recommends approval of the applications to amend the Official Plan and Zoning By-law for the lands at 158 Sterling Road (Blocks 5B, 5C, and 5D) and 190 Sterling Road (Block 3B), with the continued use of an existing Holding Provision on 158 Sterling Road (Blocks 5B and 5C) for the purposes of rail safety, traffic impact and parking supply and the conveyance of the public park.

3. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to: a. submit a revised Functional Servicing and Stormwater Management Report and supporting plans for 158 Sterling Road (Blocks 5B, 5C, and 5D) and 190 Sterling Road (Block 3B), to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water; and b. enter into a financially secured agreement with the City to secure the construction of any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports to support the developments, if any, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water. 4. 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. 5. City Council require the owner of the lands at 158 Sterling Road (Blocks 5B, 5C, and 5D) and 190 Sterling Road (Block 3B) to enter into, and register on title, an Amending Section 37 Agreement which would amend the Section 37 Agreement, dated August 11, 2015, registered on title for 158, 164, 181 and 200 Sterling Road (Instrument AT3999234), as amended October 26, 2020 (Instrument AT5726025), to the satisfaction of the City Solicitor and the Executive Director, Development Review, in consultation with the Ward Councillor. The additional community benefits to be provided by the owner, at the owner's expense, and secured through the Zoning By-law Amendment with the required on terms set out in the Amending Section 37 Agreement relating to the proposed developments, are as follows: a. an expanded Childcare Centre within the proposed development on 190 Sterling Road (Block 3B), which will be comprised of approximately 928 square metres (approximately 10,000 square feet) of indoor area located on the ground and second floors and approximately 278 square metres (2,992 square feet) of outdoor area, located on the second floor, directly adjacent to the indoor area; b. the Childcare Centre shall be designed, constructed and delivered in accordance with the Childcare Early Years Act, 2014, as amended, and City of Toronto Childcare Design and Technical Guideline R1 (2016) or successor; c. the Childcare Centre will accommodate a minimum of 62 children, including infants, toddlers, and preschoolers; and d. the Childcare Centre will be provided in accordance with the terms to be set out in the Amending Section 37 Agreement to the satisfaction of the Executive Director, Development Review, the General Manager, Children's Services and the City Solicitor. 6. City Council require that the following matters also be secured in the Section 37 Amending Agreement referred to in Recommendation 5, above and as a legal convenience to support the proposed developments: a. the owner shall construct and maintain a minimum of 720 square metres of Privately-Owned Publicly Accessible Space located on either 158 Sterling Road (Block 5B) or, on a combination of 158 Sterling Road (Blocks 5B and 5C), in the form of a central courtyard, with specific configuration, and design and timing, for the delivery of the privately owned publicly-accessible space to be determined in the context of Site Plan approval, all to the satisfaction of the Executive Director, Development Review; b. the owner shall construct and maintain a pedestrian connection from Perth Avenue, to the Privately-Owned Publicly Accessible Space required in 6.a above, with a minimum width of 5.65 metres, with specific configuration, design and timing for the delivery of the pedestrian connection to be determined in the context of Site Plan approval, to the satisfaction of the Executive Director, Development Review; c. the owner shall construct and maintain a pedestrian connection, with a minimum width of 3.0 metres, from 158 Sterling Road (Block 5C) to the West Toronto Rail Path, with specific configuration, design and timing for the delivery of the pedestrian connection to be determined in the context of Site Plan approval, to the satisfaction of the Executive Director, Development Review; d. the owner shall prepare all documents, including required reference plan(s) of survey, and convey, to the satisfaction of the Executive Director, Development Review and the City Solicitor, for nominal consideration, at no cost to the City and, unless specifically permitted, free and clear of physical and title encumbrances, a public access easement, in favour of the City, in perpetuity, over the Privately-Owned Publicly Accessible Space and associated pedestrian connections, at such time as is determined in the context of Site Plan approval; e. the owner shall prepare and submit an updated Pedestrian Level Wind Study and related design details identifying the required wind mitigation for 158 Sterling Road (Blocks 5B and 5C) and 190 Sterling Road (Block 3B), to the satisfaction of the Executive Director, Development Review; f. the owner shall prepare all documents, including required reference plan(s) of survey, and convey a pedestrian clearway easement, for nominal consideration, at no cost to the City and free and clear of physical and title encumbrances, unless specifically permitted, to secure a 2.0 metre wide pedestrian sidewalk clearway along the northerly 2 metres of 190 Sterling Road Block 3B's Sterling Road frontage and a 5.0 metre corner rounding at the northeast corner of Block 3B, to a minimum height of 6.3 metres above the finished grade, together with rights of support, as applicable, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor; g. the owner shall submit Transportation Demand Management plans and any additional implementing documentation for 158 Sterling Road (Blocks 5B and 5C) and 190 Sterling Road (Block 3B), including payment or securities in the form of a letter of credit or certified cheques to the satisfaction of the Executive Director, Development Review; h. the owner shall submit a Rail Safety Study for 158 Sterling Road (Blocks 5B and 5C) for the City's peer review, at the owner's sole expense, to the satisfaction of the Executive Director, Development Review; and i. the owner shall submit a Noise and Vibration Assessment for 158 Sterling Road (Blocks 5B and 5C) and a Noise Impact Study for 190 Sterling Road (Block 3B) for the City's peer review, at the owner's sole expense, to the satisfaction of the Executive Director, Development Review. 7. City Council authorize the City Solicitor to submit the necessary Bill(s) 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 issue until such time as the required Section 37 Amending Agreement is executed and registered.