Toronto and East York Community Council
The full agenda, as filed
All 243 items in the clerk’s order. Each carries the city’s own words: the staff recommendation, what the body decided, and its status. Nothing below is written by us.
Items 1 to 25 of 243Show 2550100all
TE34.1adopted
Naming of a Proposed Private Street for a Development at 100 Queens Quay East
This report recommends that the name "John M Tinsley Street" be approved to identify a proposed private street located 100 Queens Quay East. This naming proposal complies with the City of Toronto Street Naming Policy which can be found at https://www.toronto.ca/city-government/planning-development/street-naming/ .
the Toronto and East York Community Council: 1. Approved the name "John M Tinsley Street" for a proposed private street located at 100 Queens Quay East; 2. Requested the applicant to pay the costs, estimated to be $750.00, for the fabrication and installation of the street name signage. 3. Requested the owner and successors of the subject lands to maintain, at their own expense, the street name signage installed under Recommendation 1 above.
Staff recommendation as filed
Engineering and Construction Services recommends that Toronto and East York Community Council: 1. Approve the name "John M Tinsley Street" for a proposed private street located at 100 Queens Quay East; 2. Request the applicant to pay the costs, estimated to be $750.00, for the fabrication and installation of the street name signage; and 3. Request the owner and successors of the subject lands to maintain, at their own expense, the street name signage installed under Recommendation 1 of this report.
TE34.2adopted
This report recommends that the name "Rod Armstrong Lane" be approved to identify an existing Public Lane located south of Hartford Avenue, extending between Herbert Avenue and Elmer Avenue. This naming proposal complies with the City of Toronto Street Naming Policy which can be found at https://www.toronto.ca/city-government/planning-development/street-naming/ .
The Toronto and East York Community Council: 1. Approved the name "Rod Armstrong Lane" for an existing Public Lane located south of Hartford Avenue, extending between Herbert Avenue and Elmer Avenue.
Staff recommendation as filed
Engineering and Construction Services recommends that Toronto and East York Community Council: 1. Approve the name "Rod Armstrong Lane" for an existing Public Lane located south of Hartford Avenue, extending between Herbert Avenue and Elmer Avenue.
TE34.3adopted
Street Naming Initiatives - Port Lands Flood Protection - Phase 1
This report recommends approval of the westerly extension of Commissioners Street, west of Cherry Street. This report recommends the realignment and naming of a portion of Cherry Street between Polson Street and Commissioners Street (westerly extension). This naming initiative complies with the City of Toronto Street Naming Policy which can be found at https://www.toronto.ca/city-government/planning-development/street-naming/ .
The Toronto and East York Community Council: 1. Approved the westerly extension of Commissioners Street, west of Cherry Street, shown as PART Number 1 on Revised Attachment Number 1 Sketch Number PS-2022-025 attached to the report (June 24, 2022) from the Director, Engineering Support Services, Engineering and Construction. 2. Approved the realignment and naming of a portion of Cherry Street extending between Polson Street and Commissioners, shown as PART Number 2 on Revised Attachment Number 1 Sketch Number PS-2022-025 attached to the report (June 24, 2022) from the Director, Engineering Support Services, Engineering and Construction.
Staff recommendation as filed
Engineering and Construction Services recommends that Toronto and East York Community Council: 1. Approve the westerly extension of Commissioners Street, west of Cherry Street, shown as PART Number 1 on Attachment Number 1 Sketch Number PS-2022-025; and 2. Approve the realignment and naming of a portion of Cherry Street extending between Polson Street and Commissioners, shown as PART Number 2 on Attachment Number 1 Sketch Number PS-2022-025.
TE34.4amended
Port Lands Flood Protection - New Cherry Street and Commissioners Street Interim Road Opening
This report proposes to extend Commissioners Street and realign a portion of Cherry Street by permanently closing a portion of the public highway and dedicating segments of public highway to the west. In addition, Toronto Transit Commission (TTC) operates a transit service on Cherry Street and Commissioners Street, therefore City Council approval of this report is required. Cherry Street and Commissioners Street are classified as major arterial roadways. As part of the Port Lands Flood Protection Project and Enabling Infrastructure Project, Waterfront Toronto, on behalf of the three levels of government, will construct the new mouth of Don River through the lands currently designated as Cherry Street between Commissioners Street and Polson Street. In order to facilitate construction of the new river mouth, a portion of the existing alignment of Cherry Street between Commissioners Street and a point 216 metres south will be removed and a new segment of Cherry Street will be constructed to the west of the current Cherry Street. The new Cherry Street alignment will intersect with the current Cherry Street alignment, approximately 67 metres north of Polson Street and ultimately connect to Lake Shore Boulevard East at Cherry Street North. In addition, Commissioners Street will be extended approximately 100 metres west and will connect to the new Cherry Street alignment. Vehicular traffic, pedestrians and cyclists on the current Cherry Street alignment will be shifted to the new alignment. The vehicular traffic lanes, trails and cycle tracks will be constructed to base asphalt condition. During the initial opening of new Cherry Street and the Commissioners Street extension, the lands to the east of the travelled lanes, trails and sidewalks on new Cherry Street and the lands to the south of the travelled lanes, trails and sidewalks on Commissioners Street will still be under construction, as shown in Attachment 1. The sections of land under construction will accommodate a future Light Rail Transit alignment. Therefore, this phase is considered the interim opening. During this interim period, most of the lands being opened as public highway will be leased from The Toronto Economic Development Corporation (TEDCO), with use of a small triangular portion of the new Cherry Street bridge to be secured from PortsToronto by way of easement. This report only deals with the portion of the new Cherry Street between Commissioners and Polson Street and Commissioners Street, between new Cherry Street and current Cherry Street. The anticipated date of the interim road opening is August 2022. A staff report will be submitted in the second quarter of 2023 for subsequent dedication of the construction staging areas which run along the interim roads and the opening of the northern section of the new Cherry Street alignment, between Commissioners Street and Lake Shore Boulevard at Cherry Street North. The cycling infrastructure on the interim roadways and temporary cycling lane on current Cherry Street is dealt through a companion report "Port Lands Flood Protection - Interim Road Opening (Cycling Infrastructure)" requiring Infrastructure and Environment Committee approval. Authorization is being requested to designate the lands which contain the travelled lanes, trails and sidewalks as public highways and to implement traffic and parking by-laws for the interim road opening, to take effect in respect of each parcel of land after the new Cherry Street and Commissioners Street extension has been constructed by Waterfront Toronto to its interim condition to the satisfaction of the City and accepted and commissioned by the City and after a property right allowing its use as a public highway is granted to the City by the landowner. The City is accepting the road on an interim basis. Waterfront Toronto is required to complete the above mentioned construction activities prior to final acceptance. Transportation Services is also requesting authority to install traffic control signals at the intersection of new Cherry Street and Commissioners Street as well as implement parking and traffic regulations on new Cherry Street and Commissioners Street extension. Transportation Services is requesting authorization to temporarily close the Martin Goodman Trail on the east side of current Cherry Street, between Polson Street and a point 81 metres south, in order to accommodate a construction staging area. Trail users will be redirected to the west side of the current Cherry Street at the Ship Channel Bridge, by way of temporary traffic control signals. Transportation Services also recommends that a portion of existing Cherry Street, between Commissioners Street and a point 216 metres south, designated as Part 53 on Plan 66R-32609 and shown in Attachment 3 (the "Highway"), be permanently closed. Once closed, it is intended that Part 53 on the Plan will be retained by the City and licensed to Waterfront Toronto to complete flood protection work.
The Toronto and East York Community Council recommends that: 1. City Council authorize public highway designation for the lands shown as: a. Parts 1-9, 13-20, 25, 34, and 45-48 on Plan 66R-32609, set out as Attachment 3 (the "Plan"), to take effect on the date that notice of a lease of the said lands from TEDCO to the City authorizing its use as a public highway is registered on title (the "Lease Registration Date"); and b. Part 59 on the Plan, to take effect on the later of the Lease Registration Date and the date that a transfer of easement from the Toronto Port Authority (PortsToronto) authorizing its use as a public highway is registered on title to the lands, (collectively, the "Interim Roadways") and reconfigure Cherry Street in an interim condition as shown in Revised Attachment 2 to the report (May 21, 2020) from the Director, Transportation Planning and Capital Program and Director, Traffic Management, Transportation Services. The lands designated as Parts 3, 6, 8 9 and 20 are to be dedicated in name as Commissioners Street. The lands designated as Parts 1, 2, 4, 5, 7, 13-19, 25, 34, 45-48 and 59 are to be dedicated in name as Cherry Street. 2. City Council authorize the appropriate City officials to take all steps necessary to implement the proposed dedication referred to in Recommendation 1 above, including requesting the City Solicitor to prepare and submit the relevant bills and to pay any costs necessary to register the resultant by-laws, if required. 3. City Council authorize the General Manager, Transportation Services, to negotiate, enter into and execute an agreement with Waterfront Toronto on terms and conditions satisfactory to the General Manager, Transportation Services, in relation to, among other things, street and pedestrian lighting on, as well as the construction, maintenance and warranty work of, the Interim Roadways and the new Cherry Street bridge; as well as to negotiate, enter into, and execute any other necessary agreements or documents, on behalf of the City, to temporarily exercise the City's authority. 4. City Council designate a 40 km/h speed limit on Cherry Street, between Polson Street and Commissioners Street (west intersection). 5. City Council designate a 40 km/h speed limit on Commissioners Street, between the west end of Commissioners Street and Cherry Street (east intersection). 6. City Council prohibit stopping at all times on both sides of Cherry Street, between Commissioners Street (west intersection) and Polson Street. 7. City Council prohibit stopping at all times on both sides of Commissioners Street, between the west end of Commissioners Street and Cherry Street (east intersection). 8. City Council prohibit southbound right turns on a red signal at all times at the intersection of Cherry Street and Commissioners Street (east intersection). 9. City Council temporarily close to pedestrian and cycling traffic Martin Goodman Trail on the east side of Cherry Street, between Polson Street and a point 81 metres south, from August 8, 2022 to December 31, 2022, inclusive, to facilitate a construction staging area. 10. City Council approve the installation of traffic control signals at the intersection of Cherry Street and Commissioners Street (west intersection). 11. City Council authorize the General Manager, Transportation Services, in issuing any requisite permits as delegated in Municipal Code Chapter 743, Streets and Sidewalks, Use of, to include additional permit terms as the General Manager of Transportation Services deems necessary and appropriate in the interim. 12. City Council direct that Waterfront Toronto be responsible for all costs incurred with respect to road repairs, traffic signage modifications, installation of traffic control set-up, and installation of traffic control signals. 13. City Council authorize the permanent closure of a portion of Cherry Street, shown as Part 53 on the Plan 66R-32609 set out as Attachment 3 to the report (June 13, 2022) from the Director, Transportation Planning and Capital Program, and Director, Traffic Management Centre, Transportation Services, once the lands shown as parts 1-9, 13-20, 25, 34, and 45-48 on Plan 66R-32609 are designated as public highways. 14. City Council enact a by-law substantially in the form of the draft by-law set out as Attachment 4 to the report (June 13, 2022) from the Director, Transportation Planning and Capital Program, and Director, Traffic Management Centre, Transportation Services. 15. City Council authorize the appropriate City officials to submit directly to Council at the appropriate time any necessary bills to amend the appropriate City of Toronto Municipal Code Chapters, and any Schedules to the Chapters, to reinstate the traffic and parking regulations to what they were immediately prior to the by-law amendments made in connection with the report (June 13, 2022) from the Director, Transportation Planning and Capital Program and Director, Traffic Management, Transportation Services. 16. City Council authorize the appropriate City officials to submit directly to Council at the appropriate time any necessary bills to amend the effective date of any dedication by-law(s) and/or traffic and parking regulation by-law(s) made in connection with the report (June 13, 2022) from the Director, Transportation Planning and Capital Program and Director, Traffic Management, Transportation Services, to, among other things, insert a specific effective date. 17. City Council authorize the City Solicitor to introduce the necessary bills to amend the effective date of By-law Numbers 653-2014, 654-2014, 655-2014, 706-2014, and 707-2014, which By-laws were previously enacted by City Council, to refer to the specific effective date of November 14, 2014. 18. City Council authorize the City Solicitor to amend City of Toronto Municipal Code, Chapter 950, Traffic and Parking to introduce the necessary bills to give effect to City Council's decision and City Council authorize the City Solicitor to make any necessary clarifications, refinements, minor modifications, technical amendments, or by-law amendments as may be identified by the City Solicitor or General Manager, Transportation Services, in order to give effect to the Recommendations above. 19. City Council prohibit northbound right turns on a red signal at all times at the intersection of Cherry Street (west intersection) and Commissioners Street.
Staff recommendation as filed
The Director, Transportation Planning and Capital Program and Director, Traffic Management, Transportation Services recommends that: 1. City Council authorize public highway designation for the lands shown as: a. Parts 1-9, 13-20, 25, 34, and 45-48 on Plan 66R-32609, set out as Attachment 3 (the "Plan"), to take effect on the date that notice of a lease of the said lands from TEDCO to the City authorizing its use as a public highway is registered on title (the "Lease Registration Date"); and b. Part 59 on the Plan, to take effect on the later of the Lease Registration Date and the date that a transfer of easement from the Toronto Port Authority (PortsToronto) authorizing its use as a public highway is registered on title to the lands, (collectively, the "Interim Roadways") and reconfigure Cherry Street in an interim condition as shown in Attachment 2 to the report (May 21, 2020) from the Director, Transportation Planning and Capital Program and Director, Traffic Management, Transportation Services. The lands designated as Parts 3, 6, 8 9 and 20 are to be dedicated in name as Commissioners Street. The lands designated as Parts 1, 2, 4, 5, 7, 13-19, 25, 34, 45-48 and 59 are to be dedicated in name as Cherry Street. 2. City Council authorize the appropriate City officials to take all steps necessary to implement the proposed dedication referred to in Recommendation 1 above, including requesting the City Solicitor to prepare and submit the relevant bills and to pay any costs necessary to register the resultant by-laws, if required; 3. City Council authorize the General Manager, Transportation Services, to negotiate, enter into and execute an agreement with Waterfront Toronto on terms and conditions satisfactory to the General Manager, Transportation Services, in relation to, among other things, street and pedestrian lighting on, as well as the construction, maintenance and warranty work of, the Interim Roadways and the new Cherry Street bridge; as well as to negotiate, enter into, and execute any other necessary agreements or documents, on behalf of the City, to temporarily exercise the City's authority; 4. City Council designate a 40 km/h speed limit on Cherry Street, between Polson Street and Commissioners Street (west intersection); 5. City Council designate a 40 km/h speed limit on Commissioners Street, between the west end of Commissioners Street and Cherry Street (east intersection); 6. City Council prohibit stopping at all times on both sides of Cherry Street, between Commissioners Street (west intersection) and Polson Street; 7. City Council prohibit stopping at all times on both sides of Commissioners Street, between the west end of Commissioners Street and Cherry Street (east intersection); 8. City Council prohibit southbound right turns on a red signal at all times at the intersection of Cherry Street and Commissioners Street (east intersection); 9. City Council temporarily close to pedestrian and cycling traffic Martin Goodman Trail on the east side of Cherry Street, between Polson Street and a point 81 metres south, from August 8, 2022 to December 31, 2022, inclusive, to facilitate a construction staging area; 10. City Council approve the installation of traffic control signals at the intersection of Cherry Street and Commissioners Street (west intersection); 11. City Council authorize the General Manager, Transportation Services, in issuing any requisite permits as delegated in Municipal Code Chapter 743, Streets and Sidewalks, Use of, to include additional permit terms as the General Manager of Transportation Services deems necessary and appropriate in the interim; 12. City Council direct that Waterfront Toronto be responsible for all costs incurred with respect to road repairs, traffic signage modifications, installation of traffic control set-up, and installation of traffic control signals; 13. City Council authorize the permanent closure of a portion of Cherry Street, shown as Part 53 on the Plan 66R-32609 set out as Attachment 3 to the report dated June 13, 2022, from the Director, Transportation Planning and Capital Program, and Director, Traffic Management Centre, Transportation Services, once the lands shown as parts 1-9, 13-20, 25, 34, and 45-48 on Plan 66R-32609 are designated as public highways; 14. City Council enact a by-law substantially in the form of the draft by-law set out as Attachment 4 to the report dated June 13, 2022, from the Director, Transportation Planning and Capital Program, and Director, Traffic Management Centre, Transportation Services; 15. City Council authorize the appropriate City officials to submit directly to Council at the appropriate time any necessary bills to amend the appropriate City of Toronto Municipal Code Chapters, and any Schedules to the Chapters, to reinstate the traffic and parking regulations to what they were immediately prior to the by-law amendments made in connection with the report (June 13, 2022) from the Director, Transportation Planning and Capital Program and Director, Traffic Management, Transportation Services; 16. City Council authorize the appropriate City officials to submit directly to Council at the appropriate time any necessary bills to amend the effective date of any dedication by-law(s) and/or traffic and parking regulation by-law(s) made in connection with the report (June 13, 2022) from the Director, Transportation Planning and Capital Program and Director, Traffic Management, Transportation Services, to, among other things, insert a specific effective date; 17. City Council authorize the City Solicitor to introduce the necessary bills to amend the effective date of By-law Numbers 653-2014, 654-2014, 655-2014, 706-2014, and 707-2014, which By-laws were previously enacted by City Council, to refer to the specific effective date of November 14, 2014; and 18. City Council authorize the City Solicitor to amend City of Toronto Municipal Code, Chapter 950, Traffic and Parking to introduce the necessary bills to give effect to City Council's decision and City Council authorize the City Solicitor to make any necessary clarifications, refinements, minor modifications, technical amendments, or by-law amendments as may be identified by the City Solicitor or General Manager, Transportation Services, in order to give effect to Recommendations 1 to 17, inclusive, above.
TE34.5amended
Renaming of Lower Coxwell Avenue Between Queen Street East and Lake Shore Boulevard East
A request by Councillor Fletcher's office was made to our office on May 10, 2022, with support from the Mississauga Credit First Nation (MCFN) to rename Lower Coxwell Avenue between Queen Street East and Lake Shore Boulevard East, as "Emdaabiimok Avenue" in celebration of the history of the community, and its surroundings. The proposed name "Emdaabiimok Avenue" complies with the Policy, however, renaming of streets is addressed in section 3.4 of the Street Naming Policy which states: "3.4 Streets that have been named, renamed, or assigned a ceremonial name within the previous ten years will not be renamed." Because the original naming of this street occurred in 2019, a renaming at this time is not in compliance with the Street Naming Policy. Community Councils have delegated authority to decide street naming matters which comply with the Street Naming Policy. As this renaming is not in compliance with the Street Naming Policy, Toronto and East York Community Council does not have delegated authority to approve a renaming within the previous 10 years.
The Toronto and East York Community Council recommends that: 1. City Council grant an exemption to Section 3.4 of the Street Naming Policy which states in part "Streets that have been named, renamed, or assigned a ceremonial name within the previous ten years will not be renamed", and approve the renaming of Lower Coxwell Avenue to "Emdaabiimok Avenue".
Staff recommendation as filed
Engineering and Construction Services recommends that Toronto and East York Community Council: 1. Receive the report for information.
TE34.6adopted
The Zoning By-law Amendment application proposes to permit the redevelopment of the lands at 1423-1437 Bloor Street West and 278 Sterling Road with an 18-storey (65.05 metres, inclusive of a 6.0-metre mechanical penthouse) mixed-use building containing 197 residential units and a total gross floor area (GFA) of 14,634 square metres, including 362 square metres of non-residential GFA located on the ground floor along Bloor Street West and Perth Avenue. The proposal includes a 221 square metre privately-owned publicly accessible open space (POPS) located partially along the Bloor Street West and Perth Avenue frontages and a 193 square metre off-site parkland dedication to be provided at 1319 Bloor Street West. The Rental Housing Demolition application proposes to demolish the existing house-form buildings, which collectively contain 17 rental dwelling units, and replace all 17 rental units at similar sizes and by their respective bedroom types within the proposed development. The City-approved Tenant Relocation and Assistance Plan would ensure existing tenants reserve the right to return to replacement rental units at similar rents and are provided with financial assistance to help mitigate hardship. The proposed development is consistent with the Provincial Policy Statement (2020), conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020), conforms to the relevant policies of the Official Plan, and the Council endorsed Planning Framework for the Bloor Street Study: St. Helen's Avenue to Perth Avenue, and incorporates direction from the applicable design guidelines. This report reviews and recommends approval of the Zoning By-law Amendment and Rental Housing Demolition applications for 1423-1437 Bloor Street West and 278 Sterling Road.
The Toronto and East York Community Council recommends that: 1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 1423-1437 Bloor Street West and 278 Sterling Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District. 2. City Council authorize the City Solicitor to submit the necessary bill to implement the foregoing recommendations 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. 3. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required. 4. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act (the "Section 37 Agreement") as follows: a. The owner shall provide to the City a Letter of Credit, in the City's standard form, in the amount of $1,835,000, to be held by the City until the community agency space, cash contribution and affordable rental dwelling units has been delivered on the 1319 Bloor Street West site to the satisfaction of the Executive Director, Social Development, Finance and Administration, the Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning and the City Solicitor. The City may draw upon the entire Letter of Credit, to be used for community benefit purposes in the vicinity of this area at the discretion of the Chief Planner and Executive Director, City Planning and the City Solicitor, at the expiry of five (5) years after the passage of the bills for 1319 Bloor Street West if the owner of 1319 Bloor Street West has not pulled building permits for residential development and proceeded with redevelopment of 1319 Bloor Street West. The five (5) year timeframe can be extended at the sole discretion of the Chief Planner and Executive Director, City Planning and the City Solicitor; and b. The Letter of Credit to be provided to the City as stated in Part 4.a above will be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, as reported quarterly by Statistics Canada Table 18-10-0135-01 (formerly CANSIM 327-0058), or its successor, calculated from the date the Zoning By-law for 1423-1437 Bloor Street West and 278 Sterling Road is passed. 5. 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. These matters will be delivered or secured through the Site Plan review process, and prior to Site Plan approval: a. The owner shall prepare all documents and convey to the City, at nominal cost, a 1.98-metre-wide strip of land to the full extent of the site abutting the north limit of the east-west public laneway, and such strip of land shall be free and clear of all physical and title obstructions, encumbrances, and any temporary hoarding, and subject to an easement for piles and other associated materials from construction of shoring for the development, as well as a right-of-way for access purposes in favour of the owner until such time as the strip of land has been laid out and dedicated for public laneway purposes; b. The owner shall prepare all documents and convey a Pedestrian Clearway Easement to the City to secure: i. A minimum 2.1 metre wide pedestrian clearway along Bloor Street West; ii. A minimum 2.1 metre wide pedestrian clearway along Sterling Road; and iii. A 5 metre corner rounding at the southeast corner of Bloor Street West and Perth Avenue and at the southwest corner of Bloor Street West and Sterling Road. Together with rights of support, such lands shall be free and clear of all further physical and title encumbrances, and subject to a right-of-way for access and construction purposes in favour of the Grantor until such time as the said lands have been laid out and dedicated for public pedestrian clearway purposes, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor. c. The owner shall submit to the Chief Engineer and Executive Director, Engineering and Construction Services, a draft Reference Plan of Survey in metric units and integrated into the Ontario Coordinate System, with coordinate values shown on the face of the plan and delineating thereon, by separate PARTS, the public laneway lands to be conveyed to the City and the Pedestrian Clearway Easement lands along Bloor Street West, Perth Avenue, and Sterling Road, the lands to be subject to rights of support, and the remainder of the site, including any appurtenant right-of-way, for review and approval, prior to depositing it in the Land Registry Office. d. The owner shall submit financial contributions/payments in the form of a letter of credit or certified cheques and/or provide additional documentation for the implementation of a Transportation Demand Management (TDM) plan. These provisions shall include, but are not limited to: i. A minimum of two (2) publicly accessible car-share spaces on-site; and ii. A minimum of one (1) bike repair station/area provided on-site. e. 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 and the Ward Councillor. The Construction Management Plan will include, but is not 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 by the General Manager, Transportation Services, in consultation with the Ward Councillor; f. The owner must submit a financial contribution in the amount of $75,000.00 and undertake functional design work, along with the provision of detailed technical and signal drawings for the installation of a traffic control signal and related infrastructure at Perth Avenue and Bloor Street West, as required by the General Manager, Transportation Services; g. The owner shall submit a revised Functional Servicing and Stormwater Management Report, Hydrogeological Report and supporting documents, including confirmation of water and fire flow and sanitary and storm capacity, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water; h. The owner shall address all outstanding engineering issues set out in the memoranda dated April 1, 2022, as well as any other comments that may arise from further review of materials, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services; i. Should it be determined that improvements or upgrades and/or new infrastructure are required to support the development, the owner shall provide financial securities for any upgrades or required improvements to existing and/or new municipal infrastructure identified in the accepted Engineering Reports and necessary to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; j. The owner shall submit a Noise and Vibration Impact Study for peer review, at the owner's sole expense, to the satisfaction of the Chief Planner and Executive Director, City Planning; k. The owner shall provide the required soil volumes to support the planting of public and private trees along the site's Bloor Street West, Perth Avenue, and/or Sterling Road frontages, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the Chief Planner and Executive Director, City Planning; and l. The owner shall provide to the City, for nominal consideration, Privately-Owned Publicly Accessible Open Space (POPS) easements for the on-site POPS, which shall be approximately 221 square metres in size, publicly accessible, and located along the Bloor Street West and Perth Avenue frontages of the development site. The owner shall provide for any necessary rights of support, encumbrances and insurance, and indemnification of the City, 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, all at its own expense and 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 shall 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. 6. City Council approve the Rental Housing Demolition application (21 139673 STE 09 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of seventeen (17) existing rental dwelling units at 1423-1437 Bloor Street West, subject to the following conditions: a. The owner shall provide and maintain seventeen (17) replacement rental dwelling units for a period of at least 20 years beginning from the date that each replacement rental unit is first occupied. During such 20-year period, no replacement rental dwelling unit shall be registered as a condominium or any other form of ownership housing that provides a right to exclusive possession of a dwelling unit, including life-lease or co-ownership, and no application shall be made to demolish any replacement rental dwelling unit or convert any replacement rental unit to a non-residential rental purpose. The seventeen (17) replacement rental dwelling units shall collectively contain a total gross floor area of at least 782 square metres and be comprised of three (3) studio units, eight (8) one-bedroom units, and six (6) two-bedroom units, as generally illustrated in the plans prepared by BDP Quadrangle and dated May 16, 2022, with any revision to these plans being to the satisfaction of the Chief Planner and Executive Director, City Planning; b. The owner shall provide and maintain at least two (2) studio units, six (6) one-bedroom units, and five (5) two-bedroom units, at affordable rents, as currently defined in the Toronto Official Plan, and the remaining one (1) studio unit, two (2) one-bedroom units, and one (1) two-bedroom unit at mid-range rents, as currently defined in the Toronto Official Plan, for a period of at least ten (10) years beginning from the date of first occupancy of each unit. c. The location of the seventeen (17) replacement rental units within the proposed development shall be determined prior to the issuance of Notice of Approval Conditions of Site Plan approval, to the satisfaction of the Chief Planner and Executive Director, City Planning; d. The owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants of the seventeen (17) existing rental dwelling units proposed to be demolished, addressing the right to return to occupy one of the replacement rental dwelling units at similar rents, the provision of alternative accommodation at similar rents in the form of rent gap payments, and other assistance to mitigate hardship. The Tenant Relocation and Assistance Plan shall be developed in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning; e. The owner shall provide tenants of all seventeen (17) replacement rental dwelling units 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 separate entrances or the need to pre-book or pay a fee unless specifically required as a customary practice for private bookings; f. The owner shall provide ensuite laundry in each replacement rental dwelling unit within the proposed development at no additional cost to the tenants; g. The owner shall provide central air conditioning in each replacement rental dwelling unit within the proposed development at no additional cost to the tenants; h. The owner shall provide and make available three (3) vehicle parking spaces to returning tenants of the replacement rental dwelling units who previously leased vehicle parking spaces as part of their residential lease agreements, and at similar monthly parking charges that such tenants previously paid, in the existing building. Should fewer than three (3) returning tenants who previously leased vehicle parking spaces elect to lease a vehicle parking space in the development or should a returning tenant leasing a vehicular parking space in the development vacate their replacement rental unit, the owner may provide and make available no fewer than three (3) vehicular parking spaces to tenants of the replacement rental units, and on the same terms and conditions as any other resident of the development; i. The owner shall provide tenants of the replacement rental dwelling units with access to all bicycle and visitor vehicular parking at no charge and on the same terms and conditions as any other resident of the development; j. The owner shall provide tenants of the replacement rental dwelling units with access to any storage lockers in the proposed development on the same terms and conditions as any other resident of the development; k. The seventeen (17) replacement rental dwelling units required in Recommendation 6.a. above shall be made ready and available for occupancy no later than the date by which seventy percent (70%) of the new dwelling units in the proposed development, exclusive of the replacement rental units, are made available and ready for occupancy, subject to any revisions to the satisfaction of the Chief Planner and Executive Director, City Planning; and l. The owner shall enter into, and register on title to the lands at 1423-1437 Bloor Street West and 278 Sterling Road, one or more agreement(s) to secure the conditions outlined in recommendations 6a) through 6k) above, including an agreement pursuant to Section 111 of the City of Toronto Act, 2006, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning. 7. City Council authorize the Chief Planner and Executive Director, City Planning to issue Preliminary Approval of the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 for the demolition of seventeen (17) rental dwelling units at 1423-1437 Bloor Street West after all the following have occurred: a. All conditions in Recommendations 6.a. to 6.k. above have been secured through one or more agreement(s) under Recommendation 6.l. above; b. The Zoning By-law Amendments have come into full force and effect; c. The issuance of the Notice of Approval Conditions for Site Plan approval by the Chief Planner and Executive Director, City Planning or their designate pursuant to Section 114 of the City of Toronto Act, 2006; d. The issuance of excavation and shoring permits (conditional or full permits) for the approved development on the site; e. The owner has confirmed, in writing, that all existing rental dwelling units proposed to be demolished are vacant; and f. The execution and registration of agreements pursuant to Section 37 of the Planning Act and Section 111 of the City of Toronto Act, 2006 securing recommendations 6a) through 6k) above and any other requirements of the Zoning By-law Amendments (if applicable). 8. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning has given the Preliminary Approval referred to in recommendation 7 above. 9. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Residential Demolition Permit under Section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for 1423-1437 Bloor Street West and 278 Sterling Road after the Chief Planner and Executive Director, City Planning has given the Preliminary Approval referred to in Recommendation 7 above, which may be included in the Rental Housing Demolition Permit under Chapter 667 pursuant to section 6.2 of Chapter 363, on condition that: a. The owner removes all debris and rubble from the site immediately after demolition; b. The owner erects solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building; c. The owner erects the proposed building no later than three (3) years from the date on which the demolition of the existing rental dwelling units commences, subject to the timeframe being extended to the discretion of the Chief Planner and Executive Director, City Planning; and d. Should the owner fail to complete the proposed development containing the seventeen (17) replacement rental dwelling units within the time specified in recommendation 9c) above, the City Clerk shall be entitled to enter on the collector's roll, as with municipal property taxes, an amount equal to the sum of twenty thousand dollars ($20,000.00) per dwelling unit for which a demolition permit is issued, and that such amount shall, until payment, be a lien or charge upon the land for which the Residential Demolition Permit is issued. 10. City Council approve an off-site parkland dedication of 193 square metres, in satisfaction of the owner's required parkland contribution pursuant to Section 42 of the Planning Act, with the location and configuration of the off-site parkland to be to the satisfaction of the General Manager, Parks, Forestry and Recreation. Prior to the issuance of the first above-grade building permit for any development on the lands, the owner shall have either conveyed to the City the off-site parkland dedication or provided to the City a Letter of Credit, in the City's standard form and in an amount satisfactory to the General Manager, Parks, Forestry and Recreation, which will be increased in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, as reported quarterly by Statistics Canada Table 18-10-0135-01 (formerly CANSIM 327-0058), or its successor, two years from the date of issuance of the first above-grade building permit for the proposed development and increased on each succeeding anniversary date by the amount of the Construction Price Index for the previous year, all to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor. 11. City Council approve the acceptance of the off-site parkland dedication referred to in Recommendation 10 above, subject to the owner transferring such parkland to the City free and clear of all easements, encumbrances, and encroachments, both above- and below-grade and in an acceptable environmental condition. The owner may propose the exception of encumbrances of tiebacks, where such an encumbrance is deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor, and such an encumbrance shall be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management. 12. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction of the Above-Base Park Improvements, to the satisfaction of the General Manager, Parks, Forestry and Recreation. The development charge credit shall be of a value 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.
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 1423-1437 Bloor Street West and 278 Sterling Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to the report dated June 13, 2022 from the Director, Community Planning, Toronto and East York District. 2. City Council authorize the City Solicitor to submit the necessary bill to implement the foregoing recommendations 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 Section 37 Agreement is executed and registered. 3. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required. 4. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act (the "Section 37 Agreement") as follows: a. The owner shall provide to the City a Letter of Credit, in the City's standard form, in the amount of $1,835,000, to be held by the City until the community agency space, cash contribution and affordable rental dwelling units has been delivered on the 1319 Bloor Street West site to the satisfaction of the Executive Director, Social Development, Finance and Administration, the Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning and the City Solicitor. The City may draw upon the entire Letter of Credit, to be used for community benefit purposes in the vicinity of this area at the discretion of the Chief Planner and Executive Director, City Planning and the City Solicitor, at the expiry of five (5) years after the passage of the bills for 1319 Bloor Street West if the owner of 1319 Bloor Street West has not pulled building permits for residential development and proceeded with redevelopment of 1319 Bloor Street West. The five (5) year timeframe can be extended at the sole discretion of the Chief Planner and Executive Director, City Planning and the City Solicitor; and b. The Letter of Credit to be provided to the City as stated in Part 4.a above will be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, as reported quarterly by Statistics Canada Table 18-10-0135-01 (formerly CANSIM 327-0058), or its successor, calculated from the date the Zoning By-law for 1423-1437 Bloor Street West and 278 Sterling Road is passed. 5. 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. These matters will be delivered or secured through the Site Plan review process, and prior to Site Plan approval: a. The owner shall prepare all documents and convey to the City, at nominal cost, a 1.98-metre-wide strip of land to the full extent of the site abutting the north limit of the east-west public laneway, and such strip of land shall be free and clear of all physical and title obstructions, encumbrances, and any temporary hoarding, and subject to an easement for piles and other associated materials from construction of shoring for the development, as well as a right-of-way for access purposes in favour of the owner until such time as the strip of land has been laid out and dedicated for public laneway purposes; b. The owner shall prepare all documents and convey a Pedestrian Clearway Easement to the City to secure: i. A minimum 2.1 metre wide pedestrian clearway along Bloor Street West; ii. A minimum 2.1 metre wide pedestrian clearway along Sterling Road; and iii. A 5 metre corner rounding at the southeast corner of Bloor Street West and Perth Avenue and at the southwest corner of Bloor Street West and Sterling Road. Together with rights of support, such lands shall be free and clear of all further physical and title encumbrances, and subject to a right-of-way for access and construction purposes in favour of the Grantor until such time as the said lands have been laid out and dedicated for public pedestrian clearway purposes, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor. c. The owner shall submit to the Chief Engineer and Executive Director, Engineering and Construction Services, a draft Reference Plan of Survey in metric units and integrated into the Ontario Coordinate System, with coordinate values shown on the face of the plan and delineating thereon, by separate PARTS, the public laneway lands to be conveyed to the City and the Pedestrian Clearway Easement lands along Bloor Street West, Perth Avenue, and Sterling Road, the lands to be subject to rights of support, and the remainder of the site, including any appurtenant right-of-way, for review and approval, prior to depositing it in the Land Registry Office. d. The owner shall submit financial contributions/payments in the form of a letter of credit or certified cheques and/or provide additional documentation for the implementation of a Transportation Demand Management (TDM) plan. These provisions shall include, but are not limited to: i. A minimum of two (2) publicly accessible car-share spaces on-site; and ii. A minimum of one (1) bike repair station/area provided on-site. e. 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 and the Ward Councillor. The Construction Management Plan will include, but is not 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 by the General Manager, Transportation Services, in consultation with the Ward Councillor; f. The owner must submit a financial contribution in the amount of $75,000.00 and undertake functional design work, along with the provision of detailed technical and signal drawings for the installation of a traffic control signal and related infrastructure at Perth Avenue and Bloor Street West, as required by the General Manager, Transportation Services; j. The owner shall submit a revised Functional Servicing and Stormwater Management Report, Hydrogeological Report and supporting documents, including confirmation of water and fire flow and sanitary and storm capacity, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water; k. The owner shall address all outstanding engineering issues set out in the memoranda dated April 1, 2022, as well as any other comments that may arise from further review of materials, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services; l. Should it be determined that improvements or upgrades and/or new infrastructure are required to support the development, the owner shall provide financial securities for any upgrades or required improvements to existing and/or new municipal infrastructure identified in the accepted Engineering Reports and necessary to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; m. The owner shall submit a Noise and Vibration Impact Study for peer review, at the owner's sole expense, to the satisfaction of the Chief Planner and Executive Director, City Planning; n. The owner shall provide the required soil volumes to support the planting of public and private trees along the site's Bloor Street West, Perth Avenue, and/or Sterling Road frontages, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the Chief Planner and Executive Director, City Planning; and o. The owner shall provide to the City, for nominal consideration, Privately-Owned Publicly Accessible Open Space (POPS) easements for the on-site POPS, which shall be approximately 221 square metres in size, publicly accessible, and located along the Bloor Street West and Perth Avenue frontages of the development site. The owner shall provide for any necessary rights of support, encumbrances and insurance, and indemnification of the City, 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, all at its own expense and 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 shall 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. 6. City Council approve the Rental Housing Demolition application (21 139673 STE 09 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of seventeen (17) existing rental dwelling units at 1423-1437 Bloor Street West, subject to the following conditions: a. The owner shall provide and maintain seventeen (17) replacement rental dwelling units for a period of at least 20 years beginning from the date that each replacement rental unit is first occupied. During such 20-year period, no replacement rental dwelling unit shall be registered as a condominium or any other form of ownership housing that provides a right to exclusive possession of a dwelling unit, including life-lease or co-ownership, and no application shall be made to demolish any replacement rental dwelling unit or convert any replacement rental unit to a non-residential rental purpose. The seventeen (17) replacement rental dwelling units shall collectively contain a total gross floor area of at least 782 square metres and be comprised of three (3) studio units, eight (8) one-bedroom units, and six (6) two-bedroom units, as generally illustrated in the plans prepared by BDP Quadrangle and dated May 16, 2022, with any revision to these plans being to the satisfaction of the Chief Planner and Executive Director, City Planning; b. The owner shall provide and maintain at least two (2) studio units, six (6) one-bedroom units, and five (5) two-bedroom units, at affordable rents, as currently defined in the Toronto Official Plan, and the remaining one (1) studio unit, two (2) one-bedroom units, and one (1) two-bedroom unit at mid-range rents, as currently defined in the Toronto Official Plan, for a period of at least ten (10) years beginning from the date of first occupancy of each unit. c. The location of the seventeen (17) replacement rental units within the proposed development shall be determined prior to the issuance of Notice of Approval Conditions of Site Plan approval, to the satisfaction of the Chief Planner and Executive Director, City Planning; d. The owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants of the seventeen (17) existing rental dwelling units proposed to be demolished, addressing the right to return to occupy one of the replacement rental dwelling units at similar rents, the provision of alternative accommodation at similar rents in the form of rent gap payments, and other assistance to mitigate hardship. The Tenant Relocation and Assistance Plan shall be developed in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning; e. The owner shall provide tenants of all seventeen (17) replacement rental dwelling units 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 separate entrances or the need to pre-book or pay a fee unless specifically required as a customary practice for private bookings; f. The owner shall provide ensuite laundry in each replacement rental dwelling unit within the proposed development at no additional cost to the tenants; g. The owner shall provide central air conditioning in each replacement rental dwelling unit within the proposed development at no additional cost to the tenants; h. The owner shall provide and make available three (3) vehicle parking spaces to returning tenants of the replacement rental dwelling units who previously leased vehicle parking spaces as part of their residential lease agreements, and at similar monthly parking charges that such tenants previously paid, in the existing building. Should fewer than three (3) returning tenants who previously leased vehicle parking spaces elect to lease a vehicle parking space in the development or should a returning tenant leasing a vehicular parking space in the development vacate their replacement rental unit, the owner may provide and make available no fewer than three (3) vehicular parking spaces to tenants of the replacement rental units, and on the same terms and conditions as any other resident of the development; i. The owner shall provide tenants of the replacement rental dwelling units with access to all bicycle and visitor vehicular parking at no charge and on the same terms and conditions as any other resident of the development; j. The owner shall provide tenants of the replacement rental dwelling units with access to any storage lockers in the proposed development on the same terms and conditions as any other resident of the development; k. The seventeen (17) replacement rental dwelling units required in recommendation 6a) above shall be made ready and available for occupancy no later than the date by which seventy percent (70%) of the new dwelling units in the proposed development, exclusive of the replacement rental units, are made available and ready for occupancy, subject to any revisions to the satisfaction of the Chief Planner and Executive Director, City Planning; and l. The owner shall enter into, and register on title to the lands at 1423-1437 Bloor Street West and 278 Sterling Road, one or more agreement(s) to secure the conditions outlined in recommendations 6a) through 6k) above, including an agreement pursuant to Section 111 of the City of Toronto Act, 2006, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning. 7. City Council authorize the Chief Planner and Executive Director, City Planning to issue Preliminary Approval of the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 for the demolition of seventeen (17) rental dwelling units at 1423-1437 Bloor Street West after all the following have occurred: a. All conditions in recommendations 6a) to 6k) have been secured through one or more agreement(s) under recommendation 6I) above; b. The Zoning By-law Amendments have come into full force and effect; c. The issuance of the Notice of Approval Conditions for Site Plan approval by the Chief Planner and Executive Director, City Planning or their designate pursuant to Section 114 of the City of Toronto Act, 2006; d. The issuance of excavation and shoring permits (conditional or full permits) for the approved development on the site; e. The owner has confirmed, in writing, that all existing rental dwelling units proposed to be demolished are vacant; and f. The execution and registration of agreements pursuant to Section 37 of the Planning Act and Section 111 of the City of Toronto Act, 2006 securing recommendations 6a) through 6k) above and any other requirements of the Zoning By-law Amendments (if applicable). 8. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning has given the Preliminary Approval referred to in recommendation 7 above. 9. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Residential Demolition Permit under Section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for 1423-1437 Bloor Street West and 278 Sterling Road after the Chief Planner and Executive Director, City Planning has given the Preliminary Approval referred to in recommendation 7 above, which may be included in the Rental Housing Demolition Permit under Chapter 667 pursuant to section 6.2 of Chapter 363, on condition that: a. The owner removes all debris and rubble from the site immediately after demolition; b. The owner erects solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building; c. The owner erects the proposed building no later than three (3) years from the date on which the demolition of the existing rental dwelling units commences, subject to the timeframe being extended to the discretion of the Chief Planner and Executive Director, City Planning; and d. Should the owner fail to complete the proposed development containing the seventeen (17) replacement rental dwelling units within the time specified in recommendation 9c) above, the City Clerk shall be entitled to enter on the collector's roll, as with municipal property taxes, an amount equal to the sum of twenty thousand dollars ($20,000.00) per dwelling unit for which a demolition permit is issued, and that such amount shall, until payment, be a lien or charge upon the land for which the Residential Demolition Permit is issued. 10. City Council approve an off-site parkland dedication of 193 square metres, in satisfaction of the owner's required parkland contribution pursuant to Section 42 of the Planning Act, with the location and configuration of the off-site parkland to be to the satisfaction of the General Manager, Parks, Forestry and Recreation. Prior to the issuance of the first above-grade building permit for any development on the lands, the owner shall have either conveyed to the City the off-site parkland dedication or provided to the City a Letter of Credit, in the City's standard form and in an amount satisfactory to the General Manager, Parks, Forestry and Recreation, which will be increased in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, as reported quarterly by Statistics Canada Table 18-10-0135-01 (formerly CANSIM 327-0058), or its successor, two years from the date of issuance of the first above-grade building permit for the proposed development and increased on each succeeding anniversary date by the amount of the Construction Price Index for the previous year, all to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor. 11. City Council approve the acceptance of the off-site parkland dedication referred to in recommendation 10 above, subject to the owner transferring such parkland to the City free and clear of all easements, encumbrances, and encroachments, both above- and below-grade and in an acceptable environmental condition. The owner may propose the exception of encumbrances of tiebacks, where such an encumbrance is deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor, and such an encumbrance shall be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management. 12. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction of the Above-Base Park Improvements, to the satisfaction of the General Manager, Parks, Forestry and Recreation. The development charge credit shall be of a value 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.
TE34.7forwarded without recommendation
95 St. Joseph St - Official Plan and Zoning Amendment Application - Final Report
This application proposes to amend the University of Toronto Secondary Plan and amend the Zoning By-law to permit a 39-storey mixed use building with institutional and residential uses at 95 St. Joseph Street. The proposal includes a 12-storey podium housing a long term care/senior's facility with a 27-storey residential tower above the façade of the existing 4-storey heritage building will be maintained and an existing on-site chapel will be relocated and form part of the development. The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020). This report reviews and recommends approval of the application to amend the University of Toronto Secondary Plan and Zoning By-law 438-86.
The Toronto and East York Community Council submits the item to City Council without recommendation.
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council amend the Official Plan, for the lands at 95 St. Joseph Street substantially in accordance with the draft Official Plan Amendment attached as Attachment No.5 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District. 2. City Council amend Zoning By-law 438-86, for the lands at 95 St. Joseph Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District. 3. City Council authorize the City Solicitor to submit the necessary bill(s) to implement the foregoing recommendation(s) 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 and the Heritage Easement Agreement is/are executed and registered. 4. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows: a. The community benefits recommended to be secured in the Section 37 Agreement are as follows: i. the owner shall make a cash contribution in the amount of $6,500,000.00, prior to the issuance of the first above grade building permit, to be allocated toward the following capital improvements at the discretion of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor; A. $1,300,000.00 for capital improvements for new or existing affordable housing; and B. $5,200,000.00 towards streetscape improvements, affordable housing and/or community services; which contributions shall be indexed upwardly in accordance with the Statistics Canada Construction Price Index for Toronto, calculated from the date of the registration of the Section 37 Agreement to the date the payment is made; and in the event the cash contribution referred to in Recommendations 4 a) i and ii 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. b. The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development: i. that the owner enter into a Heritage Easement Agreement with the City for the property at 95 St. Joseph Street in accordance with the plans and drawings dated October 20, 2021 prepared by CORE Architects Inc., and on file with the Senior Manager, Heritage Planning,, the Heritage Impact Assessment prepared by ERA Architects Inc., dated March 10, 2022, and in accordance with the Conservation Plan required in Recommendation 1.b.ii. to the satisfaction of the Senior Manager, Heritage Planning, including registration of such agreement to the satisfaction of the City Solicitor. ii. that the owner provide a detailed Conservation Plan, prepared by a qualified heritage consultant that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 95 St. Joseph Street prepared by ERA Architects Inc., dated March 10, 2022, to the satisfaction of the Senior Manager, Heritage Planning. iii. that prior to Site Plan Approval, the owner shall submit a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning, General Manager of Transportation Services and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor and thereafter in support of the development, will implement the Plan during the course of construction. 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 by the Chief Planner and Executive Director, City Planning and General Manager, Transportation Services, in consultation with the Ward Councillor; iv. that 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. The Owner shall construct and maintain the development in accordance with Tier 1. 5. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and/or draft Zoning By-law Amendment as may be required. 6. City Council declare, pursuant to subsection 45(1.4) of the Planning Act, R.S.O. 1990, c. P.13 for the purposes of subsection 45(1.3) of the Planning Act, R.S.O. 1990, c. P.13, that the owner, may be permitted to apply to amend the site specific zoning by-law for the lands at 95 St Joseph Street before the second anniversary of the first day on which any part of the site specific by-law comes into effect.
TE34.8amended
This report recommends the adoption of an Official Plan Amendment for a new University of Toronto St. George Campus Secondary Plan (the "Secondary Plan") as well as implementing Urban Design Guidelines for the lands generally bounded by Bloor Street West to the north, Spadina Avenue to the west, College Street to the south and an irregular boundary generally running along Bay Street to the east. The Secondary Plan builds on the existing planning framework, including the Downtown Plan, to provide area-specific policies regarding the public realm, built form and land uses. The Official Plan Amendment also redesignates 2-20 Washington Avenue and 36-56 Harbord Street from Neighbourhoods to Institutional Areas. The University of Toronto St. George Campus Secondary Plan Area (the "Area") is an iconic place within Downtown Toronto. It forms a distinct part of the city as a result of its collection of cultural heritage resources, the expansive and connected public realm network and the concentration of some of the country's foremost cultural, educational, research, medical and government institutions. As the Area continues to grow and evolve, the Secondary Plan directs that it must enhance its rich heritage character, contribute to and improve the public realm and distinctive pattern of landscaped open space, prioritize the movement of pedestrians and cyclists, and provide space to develop a sustainable, lively, inclusive and accessible campus environment that connects with the city beyond. The recommended Secondary Plan and Urban Design Guidelines are the outcome of detailed analysis, public and stakeholder consultation, and staff input from various City Divisions. The Secondary Plan and Urban Design Guidelines are consistent with the Provincial Policy Statement (2020), conform with the Growth Plan for the Greater Golden Horseshoe (2020) and conform with the Official Plan.
The Toronto and East York Community Council recommends that: 1. City Council adopt the Official Plan Amendment, University of Toronto St. George Campus Secondary Plan, included as Attachment 7 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District, with Attachment 7, amended as follows; 1. Section 7.3 be amended by adding new words or sections, as follows: 7.3 Within three years of the adoption of this Plan, the University of Toronto will provide to the City, and update as necessary over time, a housing strategy that describes how it intends to address institutional housing demand. The housing strategy will, at a minimum: a) assess student and University-related housing and affordability needs, including details on existing housing options; b) identify strategies and approaches to provide for near-term and long-term student and University-related housing needs, in particular within the Area boundaries, to support the academic function of the University, to improve University housing attainability and to minimize impact on the surrounding residential communities; c) review student and University-related housing affordability challenges, and identify solutions to address these challenges; d) review existing housing models to consider opportunities for the Huron-Sussex Character Area to include a diverse and stable resident population with a mix of short- and long-term residents ; e) identify potential locations to accommodate new student and university-related housing in the Area. 2. Delete the word "character" after house form in Policy 5.10.b)iii.l, as follows: iii) low-rise houseform character buildings fronting on Washington Avenue where the Institutional Areas land use designation applies, to maintain the scale and character of the street, and where institutional residences will be encouraged. 3.Add a new part to Policy 5.11.f) for the Bloor St Character Area, as follows: f) sensitively transition from the low-rise houseform buildings fronting on Washington Avenue in the Huron-Sussex Character Area to the low-scale and mid-scale institutional building components and the taller institutional elements along Bloor Street West and Spadina Avenue through a combination of generous building stepbacks and appropriate separation distance. 4. Delete and replace section 5.11d as follows. d. at the intersection of Bloor Street West and Queen's Park, include existing and compatible low-scale institutional buildings (as outlined in Section 5.2a of the secondary plan) only, which will reinforce and enhance the significant and sensitive gateway location and will transition from the taller institutional elements and generally higher scale permitted elsewhere along Bloor Street West to the Queen's Park Character Area with its generous parks and open spaces and generally lower scale; and 2. City Council adopt the University of Toronto St. George Campus Urban Design Guidelines, included as Attachment 8 to the report (June 13, 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 as may be required. 4. City Council authorize the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement City Council's decision. 5. City Council direct the Chief Planner and Executive Director, City Planning, to use the Secondary Plan policies, together with the Urban Design Guidelines, to inform the evaluation of current and future development applications in the University of Toronto St. George Campus Secondary Plan Area. 6. City Council direct the Chief Planner and Executive Director, City Planning, and the Director, Urban Design, to develop and bring forward block-specific Urban Design Guidelines for the University of Toronto St. George Campus Secondary Plan Area, as required, for consideration by Council. 7. City Council direct the Senior Manager, Heritage Planning, Urban Design, City Planning to report to the Toronto Preservation Board and Toronto and East York Community Council on the possibility for inclusion on the City's Heritage Register of the potential cultural heritage resources identified in the University of Toronto St. George Campus Secondary Plan Area, included as Attachment 9 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District. 8. City Council direct that Heritage Impact Assessments will be required for development applications that affect existing and potential cultural heritage resources identified in the University of Toronto St. George Campus Secondary Plan Area, included as Attachment 9 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District.
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council adopt the Official Plan Amendment, University of Toronto St. George Campus Secondary Plan, included as Attachment 7 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District. 2. City Council adopt the University of Toronto St. George Campus Urban Design Guidelines, included as Attachment 8 to the report (June 13, 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 as may be required. 4. City Council authorize the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement City Council's decision. 5. City Council direct the Chief Planner and Executive Director, City Planning, to use the Secondary Plan policies, together with the Urban Design Guidelines, to inform the evaluation of current and future development applications in the University of Toronto St. George Campus Secondary Plan Area. 6. City Council direct the Chief Planner and Executive Director, City Planning Division, and the Director, Urban Design, to develop and bring forward block-specific Urban Design Guidelines for the University of Toronto St. George Campus Secondary Plan Area, as required, for consideration by Council. 7. City Council direct the Senior Manager, Heritage Planning, to report to the Toronto Preservation Board and Toronto and East York Community Council on the possibility for inclusion on the City's Heritage Register of the potential cultural heritage resources identified in the University of Toronto St. George Campus Secondary Plan Area, included as Attachment 9 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District. 8. City Council direct that Heritage Impact Assessments will be required for development applications that affect existing and potential cultural heritage resources identified in the University of Toronto St. George Campus Secondary Plan Area, included as Attachment 9 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District.
TE34.9amended
This application proposes to amend the Zoning By-law to permit a 35-storey mixed-use building, containing 422 residential dwelling units (including 24 rental replacement units), 8,200 square metres of non-residential gross floor area, and 3,716 square metres of office uses at 334-350 Bloor Street West and 2-6 Spadina Road. The site includes 6A Spadina Road which is currently occupied by a one-storey, City-owned, pavilion entrance to the Spadina TTC Subway Station. The subway entrance is proposed to be demolished and rebuilt within the base of the new building. A minimum of 470 square metres of office space is to be conveyed to the City, as well as two kiosk areas, within an 'Urban Living Room' on the ground floor. These spaces are intended to be used by Indigenous non-profit organization(s). Public art by an Indigenous artist or designer is also proposed to be incorporated into the design of the 'Urban Living Room' and kiosks, as well as in the widened pedestrian zone along Spadina Avenue and the plaza at the recessed entrance to the 'Urban Living Room'. An east-west midblock connection is proposed at the northern limit of the site adjacent to the new driveway from Spadina Road. A Tenant Relocation and Assistance Plan will ensure existing eligible tenants reserve the right to return to replacement rental units at similar rents and are provided with financial assistance to help mitigate hardship. The proposed development is consistent with the Provincial Policy Statement (2020), conforms with the Growth Plan for the Greater Golden Horseshoe (2020), conforms with the relevant policies of the Official Plan and the Downtown Plan, and is consistent with the Tall Building Guidelines. This report reviews and recommends approval of the application to amend the Zoning By-law and recommends approval of the associated Rental Housing Demolition application.
The Toronto and East York Community Council recommends that: 1. City Council amend Zoning By-law 569-2013, for the lands at 334-350 Bloor Street West and 2-6 Spadina Road, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District. 2. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendments as may be required. 3. City Council authorize the City Solicitor to submit the necessary bill(s) to implement the foregoing recommendation(s) 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 require the owner to enter into 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 and the City Solicitor, with such Agreement to be registered on title to the lands at 334-350 Bloor Street West and 2-6 Spadina Road in a manner satisfactory to the City Solicitor to secure the following community benefits at the owner's expense, including: a. Prior to the issuance of the first above-grade building permit, the owner shall pay $1,750,000.00 toward the provision and maintenance of public art in accordance with the City of Toronto Public Art Program through a direct commission with an Indigenous artist or designer. The public art will be located on the ground floor and/or in the enhanced public realm of the site. b. Prior to the earlier of condominium registration or first residential use of any residential unit on the site, the owner shall design, construct, and convey in freehold ownership to the City, in an acceptable environmental condition, for nominal consideration and at no cost to the City, a minimum of 470 square metres non-profit community space (the "Conveyed Community Agency Space") located on the northwest corner of the second floor of the proposed development and subject to the following: i. the Conveyed Community Agency Space shall be provided in accordance with the City's Community Space Tenancy Policy and finished to Base Building Conditions, and prioritized for an Indigenous not-for-profit organization with the terms and specifications to be finalized and secured in the Section 37 Agreement, all to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning, and the City Solicitor; ii. Prior to conveyance of the Conveyed Community Agency Space in Recommendation in 4.b.i above to the City, the owner shall provide a one-time cash contribution of $650,000 for future capital improvements to the Conveyed Community Agency Space; and iii. The financial contribution pursuant to Recommendation 4.b.ii above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date City Council adopts the zoning by-law amendment(s) to the date of payment; c. Prior to the earlier of condominium registration or the closing of the final building permit on the site, the owner shall design, construct, finish, and furnish a minimum of 28.8 square metres of prominent ground floor space for the purpose of two non-profit community kiosks in the lobby of the proposed development and license the space at no cost to the City (the "License Community Agency Space") which shall be provided in accordance with the City's Community Space Tenancy Policy, with modifications as necessary to reflect the kiosk form, with the terms and specifications to be finalized and secured in the Section 37 Agreement, all to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning, and the City Solicitor, and subject to the following: i. the entering into a license agreement with the City at no cost for 99 years with automatic renewal for the Licensed Community Agency Space and such facility shall be free of all rent, caretaking costs (of the building common areas), repair and maintenance costs (excluding wear and tear), structural and servicing elements, property damage, and utilities for a period of ninety-nine (99) years; and ii. Prior to the issuance of the first above grade building permit, the owner shall provide a letter of credit in the amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and conveyance of the Conveyed Community Agency Space and Licensed Community Agency Space complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning and the City Solicitor; d. Concurrent with or prior to, the conveyance of the Conveyed Community Agency Space and lease of the Leased Community Agency Space, the owner and the City shall enter into, and register on title to, the appropriate lands an Easement and Shared Facilities Agreement for nominal consideration and at no cost to the City, that is in a form satisfactory to the City Solicitor. The Easement and Shared Facilities Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the owner as they pertain to the Conveyed Community Agency Space and the Licensed Community Agency Space. e. The following matters of convenience are also recommended to be secured in the Section 37 Agreement: i. Prior to Site Plan Approval, the owner shall prepare a public art plan in accordance with the City of Toronto Public Art Program at its expense and in consultation with Indigenous partners and the Ward Councillor; ii. An acceptable tenant relocation and assistance plan to mitigate hardship from the proposed development on eligible tenants to the satisfaction of the Chief Planner and Executive Director, City Planning; iii. The owner construct and maintain the development of the Site in accordance with Tier 1 performance measures of the Toronto Green Standard and the owner will be encouraged to achieve Toronto Green Standard, Tier 2 or higher, where appropriate; iv. the owner shall pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report, to be resubmitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development; v. Prior to the earlier of Site Plan Approval or the first building permit for shoring and excavation, the Applicant shall submit the following materials for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services: Functional Servicing and Stormwater Management Report, Hydrogeological Report, Servicing Report Groundwater Summary Form, and Hydrogeological Review Summary Form; and vi. A 1.7 metre wide publicly-accessible pedestrian midblock connection, which may include bollards, to be secured by means of a pedestrian easement as part of the site plan control process to the satisfaction of the Chief Planner and Executive Director, City Planning. 5. City Council approve the Rental Housing Demolition application (20 192558 STE 11 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of twenty-four (24) existing rental dwelling units at 334-350 Bloor St. W. and 2-6 Spadina Road, subject to the following conditions: a. The owner shall provide and maintain twenty-four (24) replacement rental dwelling units for a period of at least 20 years beginning from the date that each replacement rental unit is first occupied. During such 20-year period, no replacement rental dwelling unit shall be registered as a condominium or any other form of ownership housing that provides a right to exclusive possession of a dwelling unit, including life-lease or co-ownership, and no application shall be made to demolish any replacement rental dwelling unit or convert any replacement rental unit to a non-residential rental purpose. The twenty-four (24) replacement rental units shall be comprised of eight (8) studios, eight (8) one-bedroom units, seven (7) two-bedroom units and one (1) three-bedroom unit and collectively contain a total gross floor area of at least 1448.5 square metres, as generally illustrated in the plans prepared by IBI Group, dated May 27, 2022, with any revision to these plans being to the satisfaction of the Chief Planner and Executive Director, City Planning; b. The owner shall provide and maintain at least five (5) studio, six (6) one-bedroom, three (3) two-bedroom, and one (1) three-bedroom replacement rental dwelling units at affordable rents, and three (3) studio, two (2) one-bedroom, and four (4) two-bedroom replacement rental units at mid-range rents as currently defined in the Toronto Official Plan, for a period of at least ten (10) years beginning from the date of first occupancy of each unit. c. The owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants of the twenty-four (24) existing rental dwelling units proposed to be demolished, addressing the right to return to occupy one of the replacement rental dwelling units at similar rents, the provision of alternative accommodation at similar rents in the form of rent gap payments, and other assistance to mitigate hardship. The Tenant Relocation and Assistance Plan shall be developed in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning; d. The owner shall provide tenants of all twenty-four (24) replacement rental dwelling units 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; e. The owner shall provide ensuite laundry in each replacement rental dwelling unit or access to shared laundry facilities within the proposed development at no additional cost to tenants; f. The owner shall provide central air conditioning in each replacement rental dwelling unit within the proposed development at no additional cost to tenants; g. The owner shall provide tenants of the replacement rental dwelling units with access to all bicycle and visitor vehicular parking at no charge and on the same terms and conditions as any other resident of the development; h. The owner shall provide and make available at least eleven (11) storage lockers to tenants of the replacement rental units at a similar monthly charge as tenants currently pay, and such storage lockers shall be made available firstly to returning tenants and secondly to new tenants of the replacement rental units; i. The twenty-four (24) replacement rental dwelling units required in Recommendation 5.a. above shall be made ready and available for occupancy no later than the date by which seventy percent (70%) of the new dwelling units in the proposed development, exclusive of the replacement rental units, are made available and ready for occupancy, subject to any revisions to the satisfaction of the Chief Planner and Executive Director, City Planning; and j. The owner shall enter into, and register on title to the lands at 334-350 Bloor St. W. and 2-6 Spadina Road, one or more agreement(s) to secure the conditions outlined in Recommendations 5.a. through 5.i. above, including an agreement pursuant to Section 111 of the City of Toronto Act, 2006, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning. 6. City Council authorize the Chief Planner and Executive Director, City Planning to issue Preliminary Approval of the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 for the demolition of twenty-four (24) rental dwelling units at 334-350 Bloor St. W. and 2-6 Spadina Road after all the following have occurred: a. All conditions in Recommendation 5 above have been secured; b. The Zoning By-law Amendments have come into full force and effect; c. The issuance of the Notice of Approval Conditions for site plan approval by the Chief Planner and Executive Director, City Planning or their designate pursuant to Section 114 of the City of Toronto Act, 2006; d. The issuance of excavation and shoring permits (conditional or full permits) for the approved development on the site; e. The owner has confirmed, in writing, that all existing rental dwelling units proposed to be demolished are vacant; and f. The execution and registration of agreements pursuant to Section 37 of the Planning Act and Section 111 of the City of Toronto Act, 2006 securing Recommendations 5.a. through 5.j above and any other requirements of the Zoning By-law Amendments (if applicable). 7. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning has given the Preliminary Approval referred to in Recommendation 6 above. 8. City Council authorize the Chief Building Official to issue a Residential Demolition Permit under Chapter 363 of the Toronto Municipal Code and Section 33 of the Planning Act for the residential buildings located at 334-350 Bloor Street West and 2-6 Spadina Road no earlier than the issuance of the first building permit for excavation and shoring of the development and after the Chief Planner and Executive Director, City Planning Division has issued the Preliminary Approval referred to in Recommendation 4 above, which may be included in the demolition permit for Chapter 667 under 363-6.2 of the Toronto Municipal Code, on condition that: a. The owner shall remove all debris and rubble from the site immediately after demolition; b. The owner shall erect solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building; c. The owner erects the proposed building on site no later than four (4) years from the day demolition of the buildings is commenced subject to the timeframe being extended to the discretion of the Chief Planner and Executive Director, City Planning and Chief Building Official; and d. Should the owner fail to complete the new building within the time specified in Recommendation 6.c. above, the City Clerk shall be entitled to enter on the collector's roll, to be collected in a like manner as municipal taxes, the sum of twenty thousand dollars ($20,000.00) for each dwelling unit for which a demolition permit is issued, and that each sum shall, until payment, be a lien or charge upon the land for which the demolition permit is issued. 9. City Council authorize the appropriate City officials to take such actions as are necessary to implement City Council's decision, including execution of the Section 111 Agreement, Section 37 Agreement, and any other necessary agreement(s).
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council amend Zoning By-law 569-2013, for the lands at 334-350 Bloor Street West and 2-6 Spadina Road, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District. 2. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendments as may be required. 3. City Council authorize the City Solicitor to submit the necessary bill(s) to implement the foregoing recommendation(s) 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 Section 37 Agreement is executed and registered. 4. City Council require the owner to enter into 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 and the City Solicitor, with such Agreement to be registered on title to the lands at 334-350 Bloor Street West and 2-6 Spadina Road in a manner satisfactory to the City Solicitor to secure the following community benefits at the owner's expense, including: a. Prior to the issuance of the first above-grade building permit, the owner shall pay $1,750,000.00 toward the provision and maintenance of public art in accordance with the City of Toronto Public Art Program through a direct commission with an Indigenous artist or designer. The public art will be located on the ground floor and/or in the enhanced public realm of the site. b. Prior to the earlier of condominium registration or first residential use of any residential unit on the site, the owner shall design, construct, and convey in freehold ownership to the City, in an acceptable environmental condition, for nominal consideration and at no cost to the City, a minimum of 470 square metres non-profit community space (the "Conveyed Community Agency Space") located on the northwest corner of the second floor of the proposed development and subject to the following: i. the Conveyed Community Agency Space shall be provided in accordance with the City's Community Space Tenancy Policy and finished to Base Building Conditions, and prioritized for an Indigenous not-for-profit organization with the terms and specifications to be finalized and secured in the Section 37 Agreement, all to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning, and the City Solicitor; ii. Prior to conveyance of the Conveyed Community Agency Space in Part i. above to the City, the owner shall provide a one-time cash contribution of $650,000 for future capital improvements to the Conveyed Community Agency Space; and iii. The cash contribution pursuant to Part 4.b)ii above shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, 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. Prior to the earlier of condominium registration or the closing of the final building permit on the site, the owner shall design, construct, finish, and furnish a minimum of 28.8 square metres of prominent ground floor space for the purpose of two non-profit community kiosks in the lobby of the proposed development and license the space at no cost to the City (the "License Community Agency Space") which shall be provided in accordance with the City's Community Space Tenancy Policy, with modifications as necessary to reflect the kiosk form, with the terms and specifications to be finalized and secured in the Section 37 Agreement, all to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning, and the City Solicitor, and subject to the following: i. the entering into a license agreement with the City at no cost for 99 years with automatic renewal for the Licensed Community Agency Space and such facility shall be free of all rent, caretaking costs (of the building common areas), repair and maintenance costs (excluding wear and tear), structural and servicing elements, property damage, and utilities for a period of ninety-nine (99) years; and ii. Prior to the issuance of the first above grade building permit, the owner shall provide a letter of credit in the amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and conveyance of the Conveyed Community Agency Space and Licensed Community Agency Space complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning and the City Solicitor; d. Concurrent with or prior to, the conveyance of the Conveyed Community Agency Space and lease of the Leased Community Agency Space, the owner and the City shall enter into, and register on title to, the appropriate lands an Easement and Shared Facilities Agreement for nominal consideration and at no cost to the City, that is in a form satisfactory to the City Solicitor. The Easement and Shared Facilities Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the owner as they pertain to the Conveyed Community Agency Space and the Licensed Community Agency Space. e. The following matters of convenience are also recommended to be secured in the Section 37 Agreement: i. Prior to Site Plan Approval, the owner shall prepare a public art plan in accordance with the City of Toronto Public Art Program at its expense and in consultation with Indigenous partners and the Ward Councillor; ii. An acceptable tenant relocation and assistance plan to mitigate hardship from the proposed development on eligible tenants to the satisfaction of the Chief Planner and Executive Director, City Planning; iii. The owner construct and maintain the development of the Site in accordance with Tier 1 performance measures of the Toronto Green Standard and the owner will be encouraged to achieve Toronto Green Standard, Tier 2 or higher, where appropriate; iv. the owner shall pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report, to be resubmitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development; v. Prior to the earlier of Site Plan Approval or the first building permit for shoring and excavation, the Applicant shall submit the following materials for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services: Functional Servicing and Stormwater Management Report, Hydrogeological Report, Servicing Report Groundwater Summary Form, and Hydrogeological Review Summary Form; and vi. A 1.7 metre wide publicly-accessible pedestrian midblock connection, which may include bollards, to be secured by means of a pedestrian easement as part of the site plan control process to the satisfaction of the Chief Planner and Executive Director, City Planning; 5. City Council approve the Rental Housing Demolition application (20 192558 STE 11 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of twenty-four (24) existing rental dwelling units at 334-350 Bloor St. W. and 2-6 Spadina Road, subject to the following conditions: a. The owner shall provide and maintain twenty-four (24) replacement rental dwelling units for a period of at least 20 years beginning from the date that each replacement rental unit is first occupied. During such 20-year period, no replacement rental dwelling unit shall be registered as a condominium or any other form of ownership housing that provides a right to exclusive possession of a dwelling unit, including life-lease or co-ownership, and no application shall be made to demolish any replacement rental dwelling unit or convert any replacement rental unit to a non-residential rental purpose. The twenty-four (24) replacement rental units shall be comprised of eight (8) studios, eight (8) one-bedroom units, seven (7) two-bedroom units and one (1) three-bedroom unit and collectively contain a total gross floor area of at least 1448.5 square metres, as generally illustrated in the plans prepared by IBI Group, dated May 27, 2022, with any revision to these plans being to the satisfaction of the Chief Planner and Executive Director, City Planning; b. The owner shall provide and maintain at least five (5) studio, six (6) one-bedroom, three (3) two-bedroom, and one (1) three-bedroom replacement rental dwelling units at affordable rents, and three (3) studio, two (2) one-bedroom, and four (4) two-bedroom replacement rental units at mid-range rents as currently defined in the Toronto Official Plan, for a period of at least ten (10) years beginning from the date of first occupancy of each unit. c. The owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants of the twenty-four (24) existing rental dwelling units proposed to be demolished, addressing the right to return to occupy one of the replacement rental dwelling units at similar rents, the provision of alternative accommodation at similar rents in the form of rent gap payments, and other assistance to mitigate hardship. The Tenant Relocation and Assistance Plan shall be developed in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning; d. The owner shall provide tenants of all twenty-four (24) replacement rental dwelling units 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; e. The owner shall provide ensuite laundry in each replacement rental dwelling unit or access to shared laundry facilities within the proposed development at no additional cost to tenants; f. The owner shall provide central air conditioning in each replacement rental dwelling unit within the proposed development at no additional cost to tenants; g. The owner shall provide tenants of the replacement rental dwelling units with access to all bicycle and visitor vehicular parking at no charge and on the same terms and conditions as any other resident of the development; h. The owner shall provide and make available at least eleven (11) storage lockers to tenants of the replacement rental units at a similar monthly charge as tenants currently pay, and such storage lockers shall be made available firstly to returning tenants and secondly to new tenants of the replacement rental units; i. The twenty-four (24) replacement rental dwelling units required in Part 5.a) above shall be made ready and available for occupancy no later than the date by which seventy percent (70%) of the new dwelling units in the proposed development, exclusive of the replacement rental units, are made available and ready for occupancy, subject to any revisions to the satisfaction of the Chief Planner and Executive Director, City Planning; and j. The owner shall enter into, and register on title to the lands at 334-350 Bloor St. W. and 2-6 Spadina Road, one or more agreement(s) to secure the conditions outlined in recommendations 5.a) through 5.i) above, including an agreement pursuant to Section 111 of the City of Toronto Act, 2006, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning. 6. City Council authorize the Chief Planner and Executive Director, City Planning to issue Preliminary Approval of the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 for the demolition of twenty-four (24) rental dwelling units at 334-350 Bloor St. W. and 2-6 Spadina Road after all the following have occurred: a. All conditions in Part 5 above have been secured; b. The Zoning By-law Amendments have come into full force and effect; c. The issuance of the Notice of Approval Conditions for site plan approval by the Chief Planner and Executive Director, City Planning or their designate pursuant to Section 114 of the City of Toronto Act, 2006; d. The issuance of excavation and shoring permits (conditional or full permits) for the approved development on the site; e. The owner has confirmed, in writing, that all existing rental dwelling units proposed to be demolished are vacant; and f. The execution and registration of agreements pursuant to Section 37 of the Planning Act and Section 111 of the City of Toronto Act, 2006 securing Parts 5.a. through 5.j above and any other requirements of the Zoning By-law Amendments (if applicable). 7. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning has given the Preliminary Approval referred to in Recommendation 6 above. 8. City Council authorize the Chief Building Official to issue a Residential Demolition Permit under Chapter 363 of the Toronto Municipal Code and Section 33 of the Planning Act for the residential buildings located at 334-350 Bloor Street West and 2-6 Spadina Road no earlier than the issuance of the first building permit for excavation and shoring of the development and after the Chief Planner and Executive Director, City Planning Division has issued the Preliminary Approval referred to in Recommendation 4, which may be included in the demolition permit for Chapter 667 under 363-6.2 of the Toronto Municipal Code, on condition that: a. The owner shall remove all debris and rubble from the site immediately after demolition; b. The owner shall erect solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building; c. The owner erects the proposed building on site no later than four (4) years from the day demolition of the buildings is commenced subject to the timeframe being extended to the discretion of the Chief Planner and Executive Director, City Planning and Chief Building Official; and d. Should the owner fail to complete the new building within the time specified in condition 6.c) above, the City Clerk shall be entitled to enter on the collector's roll, to be collected in a like manner as municipal taxes, the sum of twenty thousand dollars ($20,000.00) for each dwelling unit for which a demolition permit is issued, and that each sum shall, until payment, be a lien or charge upon the land for which the demolition permit is issued. 9. City Council authorize the appropriate City officials to take such actions as are necessary to implement City Council's decision, including execution of the Section 111 Agreement, Section 37 Agreement, and any other necessary agreement(s).
TE34.10amended
This report reviews and recommends approval of the applications to demolish 47 rental dwelling units and to amend the Zoning By-law to permit a 41-storey mixed-use building at 1801-1807 Eglinton Avenue West. The proposed building would contain 446 dwelling units, including 47 rental replacement units, and 880 square metres of non-residential space, including a 222 square metre commercial retail unit and a 645 square metre community agency space. The Tenant Relocation and Assistance Plan would ensure existing tenants are provided with the right to return to replacement rental units at similar rents and financial assistance to help mitigate hardship.
The Toronto and East York Community Council recommends that: 1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 1801-1807 Eglinton Avenue West (the "Lands") substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District. 2. City Council authorize the City Solicitor to submit the necessary bill(s) to implement the foregoing recommendation(s) 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 Section 37 Agreement is executed and registered. 3. City Council authorizes the City Solicitor to make such stylistic and technical changes to the 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 require the owner to enter into an agreement pursuant to Section 37 of the Planning Act (the "Section 37 Agreement") as follows: a. the community benefits to be secured in the Section 37 Agreement are as follows: i. prior to the earlier of condominium registration or first occupancy of any residential unit on the Lands, the owner shall design, construct, finish and convey freehold ownership to the City, in an acceptable environmental condition and at no cost to the City, a minimum of 645 square metres of Community Agency Space, consisting of 115 square metres at ground level and 530 square metres on the second storey (collectively the "Community Agency Space") and provided in accordance with the City's Community Space Tenancy Policy and Base Building Conditions, with the terms and specifications to be finalized and secured in the Section 37 Agreement, all to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning, and the City Solicitor; A. a letter of credit in the amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and handover of the Community Agency Space complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning, and the City Solicitor. This letter of credit shall be provided to the City prior to the issuance of the first above-grade building permit for non-residential uses so as to secure the Community Agency Space pursuant to 5A(a) above, with the Community Agency Space to be made available to the City within 12 months of residential occupancy of the building; B. prior to the issuance of the first above-grade building permit for the proposed development on the Lands, the owner shall provide the City an indexed one-time cash contribution of six-hundred, twenty-seven thousand, eight-hundred and eighty dollars ($627,880.00) for future capital improvements to the Community Agency Space, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor C. The financial contributions pursuant to Recommendations 5.a.i.B , 5.a.ii and 5.b.viii shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date City Council adopts the zoning by-law amendment(s) to the date of payment; ii An indexed one-time cash contribution of fifty-thousand dollars ($50,000.00) to be paid by the owner to the City prior to the issuance of the first above-grade building permit for the proposed development on the Lands, and to be allocated to a Toronto bike-share station on or within a reasonable vicinity of the Lands; b. the following be secured in the Section 37 Agreement as a legal convenience to secure matters required to support the development: i. that the owner shall provide, at its own expense and to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, a minimum area of 51.8 square metres at the southwest corner of the Lands and a minimum area of 109.1 square metres at the southeast corner of the Lands as Privately Owned Publicly-Accessible Spaces (POPS) and shall provide to the City for nominal consideration POPS easements for use of the POPS by members of the general public. Such easements are to be conveyed to the City prior to the issuance of the Statement of Approval, and with the configuration and design to be determined to the satisfaction of the Chief Planner and Executive Director, City Planning in the context of site plan approval process. The owner shall, operate, maintain and repair the POPS and install and maintain signs, at its own expense, stating that members of the public shall be entitled to use the POPS 24 hours a day, 365 days a year. The owner shall have completed the construction of the POPS prior to first occupancy of any new commercial or residential unit on the Lands; ii. that prior to Site Plan Approval, the owner shall submit a Pedestrian Level Wind Study, to the satisfaction of the Chief Planner and Executive Director, City Planning, including wind tunnel analysis, which identifies recommendations for the outdoor amenity areas, and pedestrian realm, including the adjacent park, to mitigate wind impacts year-round, and the owner shall implement and maintain in support of the development all recommended mitigation measures to the satisfaction of the Chief Planner and Executive Director, City Planning; iii. prior to site plan approval, the owner has registered on title to the lands a Limiting Distance Agreement to which the City will be a party, to the satisfaction to the City Solicitor, over a portion of 1815 Eglinton Avenue West, the Metrolinx LRT Fairbanks station, that ensures that the tower portion of the proposed residential building at 1801-1807 Eglinton Avenue West can be located on the western lot line, in order to achieve an appropriate tower setback and separation distance to the east, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; iv. that the owner shall consult with Metrolinx and City Planning staff to explore the provision of windows or other design solutions improving access to sunlight within the south portion of the ground floor of the Community Space, adjacent to the Fairbank LRT station southern plaza/entrance; v. that the owner shall provide ten percent (10%) of all net new residential units in the proposed development on the Lands as three-bedroom units; vi. that the owner shall make reasonable efforts, to the satisfaction of the Chief Planner and Executive Director, City Planning, to promote the return of businesses and/or services displaced by the proposed development; vii. that the owner shall submit documentation and/or cash contributions toward Transportation Demand Management measures, as listed below, and such cash contributions, if required, shall be paid by the owner prior to the issuance of the site plan approval for the development, in the form of certified cheques, to the satisfaction of the General Manger, Transportation Services, and such cash contribution, if required, shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication No. 18-10-0135-01, or its successor, calculated from the date of the Section 37 Agreement to the date of payment: a. The provision of a minimum of two (2) car-share parking spaces in the underground garage; b. Written confirmation from a car-share operator that the allocated publicly- accessible car-share spaces provided on-site have been accepted and included in their services; c. One (1) car-share membership per household of each residential unit, offered in the first year of occupancy; d. One (1) bike-share membership per household of each residential unit, offered in the first year of occupancy; and e. A minimum of two (2) bike repair station provided on the lands; viii. that the owner shall demonstrate that a landscape architect with previous indigenous design experience has been retained, and that prior to Site Plan Approval, the owner shall submit a landscape plan detailing an indigenous design for the southeast POPS, with the intention of highlighting and honouring the indigeneity of the area, to the satisfaction of the Chief Planner and Executive Director, City Planning Division. ix. The owner shall provide space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapter 681-10, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services. x. that the owner shall pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report, to be resubmitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development; c. The financial contributions pursuant to Recommendations 5.a.i.C , 5.a.ii and 5.b.viii shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date City Council adopts the zoning by-law amendment(s) to the date of payment. 6. City Council approve the Rental Housing Demolition application (20 170679 STE 12 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of forty-seven (47) existing rental dwelling units at 1801-1807 Eglinton Avenue West, subject to the following conditions: a. The owner shall provide and maintain forty-seven (47) replacement rental dwelling units for a period of at least twenty (20) years beginning from the date that each replacement rental unit is first occupied. During this 20-year period, no replacement rental dwelling unit shall be registered as a condominium or any other form of ownership housing that provides a right to exclusive possession of a dwelling unit, including life-lease or co-ownership, and no application shall be made to demolish any replacement rental dwelling unit or convert any replacement rental unit to a non-residential rental purpose. The forty-seven (47) replacement rental dwelling units shall collectively contain a total gross floor area of at least 3,083 square metres and be comprised of ten (10) studio units, twenty-five (25) one-bedroom units, nine (9) two-bedroom units, and three (3) three-bedroom units, as generally illustrated in the plans prepared by BDP Quadrangle and dated May 31, 2022, with any revision to these plans being to the satisfaction of the Chief Planner and Executive Director, City Planning; b. The owner shall provide and maintain at least five (5) studio units, fourteen (14) one-bedroom units, eight (8) two-bedroom units, and three (3) three-bedroom units at affordable rents, as currently defined in the Official Plan, and the remaining five (5) studio units, eleven (11) one-bedroom units, and one (1) two-bedroom unit at mid-range rents, as currently defined in the Official Plan, for a period of at least ten (10) years beginning from the date of first occupancy of each unit. c. The location of the forty-seven (47) replacement rental units within the proposed development shall be determined prior to the issuance of Notice of Approval Conditions of site plan approval, to the satisfaction of the Chief Planner and Executive Director, City Planning; d. The owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants of the forty-seven (47) existing rental dwelling units proposed to be demolished, addressing the right to return to occupy one of the replacement rental dwelling units at similar rents, the provision of alternative accommodation at similar rents in the form of rent gap payments, and other assistance to mitigate hardship. The Tenant Relocation and Assistance Plan shall be developed in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning; e. The owner shall provide tenants of all forty-seven (47) replacement rental dwelling units 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 separate entrances or the need to pre-book or pay a fee unless specifically required as a customary practice for private bookings; f. The owner shall provide ensuite laundry in each replacement rental dwelling unit within the proposed development at no additional cost to tenants; g. The owner shall provide central air conditioning in each replacement rental dwelling unit within the proposed development at no additional cost to tenants; h. The owner shall provide and make available nine (9) vehicle parking spaces to returning tenants of the replacement rental dwelling units who previously leased vehicle parking spaces as part of their residential lease agreements, and at similar monthly parking charges that such tenants previously paid, in the existing building. Should returning tenants who previously leased vehicle parking spaces elect to lease fewer than nine (9) vehicle parking spaces in the development or should a returning tenant leasing a vehicular parking space in the development vacate their replacement rental unit, the owner may provide and make available no fewer than six (6) vehicular parking spaces to tenants of the replacement rental units, and on the same terms and conditions as any other resident of the development; i. The owner shall provide tenants of the replacement rental dwelling units with access to all bicycle and visitor vehicular parking at no charge and on the same terms and conditions as any other resident of the development; j. The owner shall provide tenants of the replacement rental dwelling units with access to any storage lockers in the proposed development on the same terms and conditions as any other resident of the development; k. The forty-seven (47) rental dwelling units required in Recommendation 7.a above shall be made ready and available for occupancy no later than the date by which seventy percent (70%) of the new dwelling units in the proposed development, exclusive of the replacement rental units, are made available and ready for occupancy, subject to any revisions to the satisfaction of the Chief Planner and Executive Director, City Planning; and l. The owner shall enter into, and register on title to the lands, one or more agreement(s) to secure the conditions outlined in Recommendation 7.a thought k., including an agreement pursuant to Section 111 of the City of Toronto Act, 2006, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning. 7. City Council authorize the Chief Planner and Executive Director, City Planning to issue Preliminary Approval of the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 for the demolition of forty-seven (47) rental dwelling units at 1801-1807 Eglinton Avenue West after all the following has occurred: a. All conditions in Recommendation 7 have been fully satisfied and secured; b. The Zoning By-law Amendment has come into full force and effect; c. The issuance of the Notice of Approval Conditions for site plan approval by the Chief Planner and Executive Director, City Planning or their designate pursuant to Section 114 of the City of Toronto Act, 2006; d. The issuance of excavation and shoring permits (conditional or full permits) for the approved development on the site; e. The owner has confirmed, in writing, that all existing rental dwelling units proposed to be demolished are vacant; and f. The execution and registration of agreements pursuant to Section 37 of the Planning Act and Section 111 of the City of Toronto Act, 2006 securing Recommendation 7 and any other requirements of the Zoning By-law Amendment (if applicable). 8. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning has given the Preliminary Approval referred to in Recommendation 7 above. 9. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Residential Demolition Permit under Section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for 1801-1807 Eglinton Avenue West after the Chief Planner and Executive Director, City Planning has given the Preliminary Approval referred to in Recommendation 7 above, which may be included in the Rental Housing Demolition Permit under Chapter 667 pursuant to section 6.2 of Chapter 363, on condition that: a. The owner removes all debris and rubble from the site immediately after demolition; b. The owner erects solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building; c. The owner erects the proposed building no later than three (3) years from the date on which the demolition of the existing rental dwelling units commences, subject to the timeframe being extended at the discretion of the Chief Planner and Executive Director, City Planning; and d. Should the owner fail to complete the proposed development containing the forty-seven (47) replacement rental dwelling units within the time specified in Recommendation 10.c. above, the City Clerk shall be entitled to enter on the collector's roll, as with municipal property taxes, an amount equal to the sum of twenty thousand dollars ($20,000.00) per dwelling unit for which a demolition permit is issued, and that such amount shall, until payment, be a lien or charge upon the land for which the Residential Demolition Permit is issued. 10. City Council authorize the appropriate City officials to take such actions as are necessary to implement City Council's decision, including execution of the Section 111 agreement and other related agreements.
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 1801-1807 Eglinton Avenue West (the "Lands") substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to this report (June 13, 2022) from the Director, Community Planning, Toronto and East York District. 2. City Council authorize the City Solicitor to submit the necessary bill(s) to implement the foregoing recommendation(s) 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 Section 37 Agreement is executed and registered. 3. City Council authorizes the City Solicitor to make such stylistic and technical changes to the 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 require the owner to enter into an agreement pursuant to Section 37 of the Planning Act (the "Section 37 Agreement") as follows: a. the community benefits to be secured in the Section 37 Agreement are as follows: i. prior to the earlier of condominium registration or first occupancy of any residential unit on the Lands, the owner shall design, construct, finish and convey freehold ownership to the City, in an acceptable environmental condition and at no cost to the City, a minimum of 645 square metres of Community Agency Space, consisting of 115 square metres at ground level and 530 square metres on the second storey (collectively the "Community Agency Space") and provided in accordance with the City's Community Space Tenancy Policy and Base Building Conditions, with the terms and specifications to be finalized and secured in the Section 37 Agreement, all to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning, and the City Solicitor; A. a letter of credit in the amount sufficient to guarantee 120% of the estimated cost of the design, construction and handover of the Community Agency Space complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning, and the City Solicitor. This letter of credit shall be provided to the City prior to the issuance of the first above-grade building permit for non-residential uses so as to secure the Community Agency Space pursuant to 5A(a) above, with the Community Agency Space to be made available to the City within 12 months of residential occupancy of the building; B. prior to the issuance of the first above-grade building permit for the proposed development on the Lands, the owner shall provide the City an indexed one-time cash contribution of six-hundred, twenty-seven thousand, eight-hundred and eighty dollars ($627,880.00) for future capital improvements to the Community Agency Space, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor C. the value of the cash contribution referred to in Recommendation 5A(a)ii. shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, or its successor, calculated from the date of execution of the Section 37 Agreement to the date of payment of the funds by the owner to the City; D. concurrent with, or prior to, the conveyance of the Community Agency Space to the City, the owner and the City shall enter into, and register on title to the appropriate lands, an Easement and Cost Sharing Agreement for nominal consideration and at no cost to the City, that is in a form satisfactory to the City Solicitor. The Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the owner as they pertain to the Community Agency Space; ii An indexed one-time cash contribution of fifty-thousand dollars ($50,000.00) to be paid by the owner to the City prior to the issuance of the first above-grade building permit for the proposed development on the Lands, and to be allocated to a Toronto bike-share station on or within a reasonable vicinity of the Lands; b. the following be secured in the Section 37 Agreement as a legal convenience to secure matters required to support the development: i. that the owner shall provide, at its own expense and to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, a minimum area of 51.8 square metres at the southwest corner of the Lands and a minimum area of 109.1 square metres at the southeast corner of the Lands as Privately Owned Publicly-Accessible Spaces (POPS) and shall provide to the City for nominal consideration POPS easements for use of the POPS by members of the general public. Such easements are to be conveyed to the City prior to the issuance of the Statement of Approval, and with the configuration and design to be determined to the satisfaction of the Chief Planner and Executive Director, City Planning in the context of site plan approval process. The owner shall, operate, maintain and repair the POPS and install and maintain signs, at its own expense, stating that members of the public shall be entitled to use the POPS 24 hours a day, 365 days a year. The owner shall have completed the construction of the POPS prior to first occupancy of any new commercial or residential unit on the Lands; ii. that prior to Site Plan Approval, the owner shall submit a Pedestrian Level Wind Study, to the satisfaction of the Chief Planner and Executive Director, City Planning, including wind tunnel analysis, which identifies recommendations for the outdoor amenity areas, and pedestrian realm, including the adjacent park, to mitigate wind impacts year-round, and the owner shall implement and maintain in support of the development all recommended mitigation measures to the satisfaction of the Chief Planner and Executive Director, City Planning; iii. prior to site plan approval, the owner has registered on title to the lands a Limiting Distance Agreement to which the City will be a party, to the satisfaction to the City Solicitor, over a portion of 1815 Eglinton Avenue West, the Metrolinx LRT Fairbanks station, that ensures that the tower portion of the proposed residential building at 1801-1807 Eglinton Avenue West can be located on the western lot line, in order to achieve an appropriate tower setback and separation distance to the east, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; iv. that the owner shall consult with Metrolinx and City Planning staff to explore the provision of windows or other design solutions improving access to sunlight within the south portion of the ground floor of the Community Space, adjacent to the Fairbank LRT station southern plaza/entrance; v. that the owner shall provide ten percent (10%) of all net new residential units in the proposed development on the Lands as three-bedroom units; vi. that the owner shall make reasonable efforts, to the satisfaction of the Chief Planner and Executive Director, City Planning, to promote the return of businesses and/or services displaced by the proposed development; vii. that the owner shall submit documentation and/or cash contributions toward Transportation Demand Management measures, as listed below, and such cash contributions, if required, shall be paid by the owner prior to the issuance of the site plan approval for the development, in the form of certified cheques, to the satisfaction of the General Manger, Transportation Services, and such cash contribution, if required, shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication No. 18-10-0135-01, or its successor, calculated from the date of the Section 37 Agreement to the date of payment: a. The provision of a minimum of two (2) car-share parking spaces in the underground garage; b. Written confirmation from a car-share operator that the allocated publicly- accessible car-share spaces provided on-site have been accepted and included in their services; c. One (1) car-share membership per household of each residential unit, offered in the first year of occupancy; d. One (1) bike-share membership per household of each residential unit, offered in the first year of occupancy; and e. A minimum of two (2) bike repair station provided on the lands; viii. that the owner shall demonstrate that a landscape architect with previous indigenous design experience has been retained, and that prior to Site Plan Approval, the owner shall submit a landscape plan detailing an indigenous design for the southeast POPS, with the intention of highlighting and honouring the indigeneity of the area, to the satisfaction of the Chief Planner and Executive Director, City Planning Division. ix. The owner shall provide space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapter 681-10, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services. x. that the owner shall pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report, to be resubmitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development. 6. City Council approve the Rental Housing Demolition application (20 170679 STE 12 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of forty-seven (47) existing rental dwelling units at 1801-1807 Eglinton Avenue West, subject to the following conditions: a. The owner shall provide and maintain forty-seven (47) replacement rental dwelling units for a period of at least twenty (20) years beginning from the date that each replacement rental unit is first occupied. During this 20-year period, no replacement rental dwelling unit shall be registered as a condominium or any other form of ownership housing that provides a right to exclusive possession of a dwelling unit, including life-lease or co-ownership, and no application shall be made to demolish any replacement rental dwelling unit or convert any replacement rental unit to a non-residential rental purpose. The forty-seven (47) replacement rental dwelling units shall collectively contain a total gross floor area of at least 3,083 square metres and be comprised of ten (10) studio units, twenty-five (25) one-bedroom units, nine (9) two-bedroom units, and three (3) three-bedroom units, as generally illustrated in the plans prepared by BDP Quadrangle and dated May 31, 2022, with any revision to these plans being to the satisfaction of the Chief Planner and Executive Director, City Planning; b. The owner shall provide and maintain at least five (5) studio units, fourteen (14) one-bedroom units, eight (8) two-bedroom units, and three (3) three-bedroom units at affordable rents, as currently defined in the Official Plan, and the remaining five (5) studio units, eleven (11) one-bedroom units, and one (1) two-bedroom unit at mid-range rents, as currently defined in the Official Plan, for a period of at least ten (10) years beginning from the date of first occupancy of each unit. c. The location of the forty-seven (47) replacement rental units within the proposed development shall be determined prior to the issuance of Notice of Approval Conditions of site plan approval, to the satisfaction of the Chief Planner and Executive Director, City Planning; d. The owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants of the forty-seven (47) existing rental dwelling units proposed to be demolished, addressing the right to return to occupy one of the replacement rental dwelling units at similar rents, the provision of alternative accommodation at similar rents in the form of rent gap payments, and other assistance to mitigate hardship. The Tenant Relocation and Assistance Plan shall be developed in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning; e. The owner shall provide tenants of all forty-seven (47) replacement rental dwelling units 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 separate entrances or the need to pre-book or pay a fee unless specifically required as a customary practice for private bookings; f. The owner shall provide ensuite laundry in each replacement rental dwelling unit within the proposed development at no additional cost to tenants; g. The owner shall provide central air conditioning in each replacement rental dwelling unit within the proposed development at no additional cost to tenants; h. The owner shall provide and make available nine (9) vehicle parking spaces to returning tenants of the replacement rental dwelling units who previously leased vehicle parking spaces as part of their residential lease agreements, and at similar monthly parking charges that such tenants previously paid, in the existing building. Should returning tenants who previously leased vehicle parking spaces elect to lease fewer than nine (9) vehicle parking spaces in the development or should a returning tenant leasing a vehicular parking space in the development vacate their replacement rental unit, the owner may provide and make available no fewer than six (6) vehicular parking spaces to tenants of the replacement rental units, and on the same terms and conditions as any other resident of the development; i. The owner shall provide tenants of the replacement rental dwelling units with access to all bicycle and visitor vehicular parking at no charge and on the same terms and conditions as any other resident of the development; j. The owner shall provide tenants of the replacement rental dwelling units with access to any storage lockers in the proposed development on the same terms and conditions as any other resident of the development; k. The forty-seven (47) rental dwelling units required in Part 7.a above shall be made ready and available for occupancy no later than the date by which seventy percent (70%) of the new dwelling units in the proposed development, exclusive of the replacement rental units, are made available and ready for occupancy, subject to any revisions to the satisfaction of the Chief Planner and Executive Director, City Planning; and l. The owner shall enter into, and register on title to the lands, one or more agreement(s) to secure the conditions outlined in Recommendation 7.a thought k., including an agreement pursuant to Section 111 of the City of Toronto Act, 2006, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning. 7. City Council authorize the Chief Planner and Executive Director, City Planning to issue Preliminary Approval of the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 for the demolition of forty-seven (47) rental dwelling units at 1801-1807 Eglinton Avenue West after all the following has occurred: a. All conditions in Recommendation 7 have been fully satisfied and secured; b. The Zoning By-law Amendment has come into full force and effect; c. The issuance of the Notice of Approval Conditions for site plan approval by the Chief Planner and Executive Director, City Planning or their designate pursuant to Section 114 of the City of Toronto Act, 2006; d. The issuance of excavation and shoring permits (conditional or full permits) for the approved development on the site; e. The owner has confirmed, in writing, that all existing rental dwelling units proposed to be demolished are vacant; and f. The execution and registration of agreements pursuant to Section 37 of the Planning Act and Section 111 of the City of Toronto Act, 2006 securing Recommendation 7 and any other requirements of the Zoning By-law Amendment (if applicable). 8. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning has given the Preliminary Approval referred to in Part 8 above. 9. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Residential Demolition Permit under Section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for 1801-1807 Eglinton Avenue West after the Chief Planner and Executive Director, City Planning has given the Preliminary Approval referred to in Part 8 above, which may be included in the Rental Housing Demolition Permit under Chapter 667 pursuant to section 6.2 of Chapter 363, on condition that: a. The owner removes all debris and rubble from the site immediately after demolition; b. The owner erects solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building; c. The owner erects the proposed building no later than three (3) years from the date on which the demolition of the existing rental dwelling units commences, subject to the timeframe being extended at the discretion of the Chief Planner and Executive Director, City Planning; and d. Should the owner fail to complete the proposed development containing the forty-seven (47) replacement rental dwelling units within the time specified in Part 10.c. above, the City Clerk shall be entitled to enter on the collector's roll, as with municipal property taxes, an amount equal to the sum of twenty thousand dollars ($20,000.00) per dwelling unit for which a demolition permit is issued, and that such amount shall, until payment, be a lien or charge upon the land for which the Residential Demolition Permit is issued. 10. City Council authorize the appropriate City officials to take such actions as are necessary to implement City Council's decision, including execution of the Section 111 agreement and other related agreements.
TE34.11forwarded without recommendation
40 Raglan Avenue - Zoning By-law Amendment and Rental Housing Demolition Applications - Final Report
This report reviews and recommends approval of the applications to demolish 62 rental dwelling units and amend the Zoning By-law to permit 29-storey mixed-use building at 40 Raglan Avenue. The proposal also contains a new 174 square metre public park. The proposed building would contain 274 dwelling units, including 62 rental replacement units, a 19 square metre retail unit and 245 square metres of Community Agency Space. A Tenant Relocation and Assistance Plan would ensure existing tenants reserve the right to return to replacement rental units at similar rents and are provided with financial assistance to help mitigate hardship.
The Toronto and East York Community Council submits the item to City Council without recommendation.
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council amend Zoning By-law 569-2013, for the lands at 40 Raglan Avenue (the "Lands"), substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District. 2. City Council authorize the City Solicitor to submit the necessary bills to implement the foregoing recommendations 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 Section 37 Agreement is executed and registered. 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. 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 require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act (the "Section 37 Agreement") as follows: a) the community benefits to be secured in the Section 37 Agreement are as follows: i. prior to the earlier of condominium registration or first occupancy of any residential unit on the Lands, the owner shall design, construct, finish and convey freehold ownership to the City, in an acceptable environmental condition and at no cost to the City, a minimum of 245 square metres of Community Agency Space on the ground floor of the proposed building (the "Community Agency Space") and provide the Community Agency Space in accordance with the City's Community Space Tenancy Policy and Base Building Conditions, with the terms and specifications to be finalized and secured in the Section 37 Agreement, all satisfactory to Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning, and the City Solicitor including; A. a letter of credit in the amount sufficient to guarantee 120% of the estimated cost of the design, construction and handover of the Community Agency Space complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning, and the City Solicitor; will be provided to the City prior to the issuance of the first above-grade building permit for non-residential uses to secure the Community Agency Space pursuant to Recommendation 5 a) i. above, with such Community Agency Space to be made available to the City within twelve (12) months of residential occupancy of the building; B. a one-time cash contribution in the amount of $300,000 for future capital improvements to the Community Space; C. the provision of one parking space for the Community Agency Space; D. all cash contributions shall be indexed upwardly in accordance with the Construction Price Index, calculated from the date of the Section 37 Agreement to the date of payment; ii. The owner shall secure, in the Section 37 Agreement, the number, size, type, and tenure of replacement residential rental units and improvements to the existing residential rental property, as outlined in Recommendation 6. iii. The owner shall prepare all documents and convey to the City, at nominal cost, a 1.98 metre wide strip of land to the full extent of the site abutting the west limit of the north-south public lane, to a minimum depth of 1.2 metres from finished grade, together with right of support, such lands to be free and clear of all physical and title encumbrances, and subject to a right-of-way for access and construction purposes in favour of the Grantor until such time as the said lands have been laid out and dedicated for public lane widening purposes, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor; iv. The owner shall provide, at its own expense, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, a mid-block connection 7.1 metres wide and 5.3 metres in vertical height, with a minimum area of 640 square metres, comprised of a driveway and pedestrian walkway, connecting Raglan Avenue and the north-south public lane to the west of the site, as a surface easement for vehicle and pedestrian use by members of the general public. Such easements shall be conveyed to the City prior to site plan approval, and with the configuration and design to be determined to the satisfaction of the Chief Planner and Executive Director, City Planning in the context of site plan approval; v. Prior to site plan approval, the owner will submit a public art plan, detailing the cost estimate, design and construction of a permanent on-site public art installation, that shall include artistic or decorative lighting along the public laneway and/or southern pedestrian walkway, at a minimum value of $15,000.00, indexed upwardly in accordance with the Construction Price Index, calculated from the date of the Section 37 Agreement to the date of payment, to be secured by way of a letter of credit provided by the owner to the City to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor. The owner shall install, operate, maintain and repair the permanent public art installation at its own expense, in perpetuity. The letter of credit will be release fully, upon inspection that the public art installation has been built as per the public art plan, to the satisfaction of City of the Chief Planner and Executive Director, City Planning. b) The following matters to be secured in the Section 37 Agreement as a legal convenience to support development are as follows: i. The owner shall submit a payment in the form of a certified cheque for $100,000.00 for future road improvements contemplated for the Raglan Avenue corridor and adjacent local area, including (but not limited to) pavement marking and signage modifications, curb extension installations, the signalization of the Vaughan Road/Maplewood Avenue intersection, and other potential related infrastructure; ii. The provision of a commercial retail unit that is a minimum of 19 square metres and located on the ground floor of the building, fronting onto Raglan Avenue; iii. The owner shall provide ten percent (10%) of all net new residential units in the proposed development on the Lands as three-bedroom units; iv. Prior to Site Plan Approval, the owner shall submit a Pedestrian Level Wind Study, satisfactory to the Chief Planner and Executive Director, City Planning, including wind tunnel analysis, which identifies recommendations for the outdoor amenity areas, and pedestrian realm, including the proposed park to mitigate wind impacts year-round, and the owner shall implement and maintain in support of the development all recommended mitigation measures to the satisfaction of the Chief Planner and Executive Director, City Planning; v. the owner shall provide a Construction Management Plan and Neighbourhood Communication Strategy, prior to Site Plan Approval, to the satisfaction of the Chief Planner and Executive Director, City Planning Division in consultation with the General Manager of Transportation Services and the Ward Councillor; vi. the owner shall submit documentation and/or cash contributions toward Transportation Demand Management measures, as listed below, and such cash contributions shall be paid by the owner prior to the issuance of the site plan approval for the development, in the form of certified cheques, to the satisfaction of the General Manger, Transportation Services, and such cash contribution shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication No. 18-10-0135-01, or its successor, calculated from the date of the Section 37 Agreement to the date of payment: A. The provision of a minimum of one (1) car-share parking space; B. Written confirmation from a car-share operator for the proposed one (1) publicly-accessible car-share spaces provided on-site; C. One (1) bike-share membership per unit, offered in the first year of occupancy; D. One (1) pre-loaded Presto card ($100 value) per unit, offered in the first year of occupancy; and E. A minimum of one (1) bike repair station provided on-site; vii. The owner has, registered on title, a Limiting Distance Agreement, or similar legal instrument, over 54 Raglan Avenue, including the City as a party, that ensures that the tower portion of the proposed residential building at 40 Raglan Avenue can achieve an appropriate tower setback and separation distance to the north, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; viii. Prior to site plan approval and issuance of the first building permit, the owner shall revise and submit to the City, for review and acceptance, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the following: A. Functional Servicing and Stormwater Management Report; B. Hydrogeological Report; C. Servicing Report Groundwater Summary Form; and D. Hydrogeological Review Summary Form. ix. The owner will pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing and Stormwater Management Report, should it be determined that upgrades to such infrastructure are required to support this development. 6. City Council approve the Rental Housing Demolition Application 21 212466 STE 12 RH in accordance with Chapter 667 of the Toronto Municipal Code and pursuant to Section 111 of the City of Toronto Act, 2006 which allows for the demolition of 62 existing rental dwelling units located at 40 Raglan Avenue, subject to the following conditions: a) The owner shall provide and maintain sixty-two (62) replacement rental dwelling units for a period of at least 20 years beginning from the date that each replacement rental unit is first occupied. During such 20-year period, no replacement rental dwelling unit shall be registered as a condominium or any other form of ownership housing that provides a right to exclusive possession of a dwelling unit, including life-lease or co-ownership, and no application shall be made to demolish any replacement rental dwelling unit or convert any replacement rental unit to a non-residential rental purpose. The sixty-two (62) replacement rental dwelling units shall collectively contain a total gross floor area of at least 3,119 square metres and be comprised of twenty-seven (27) studio units, twenty-eight (28) one-bedroom units, and seven (7) two-bedroom units, all of which shall contain a balcony or terrace, as generally illustrated in the plans prepared by by E. Corazza and J. Chimienti and dated April 29, 2022, with any revision to these plans being to the satisfaction of the Chief Planner and Executive Director, City Planning; b) The owner shall provide and maintain at least twenty-four (24) studio, twenty-two (22) one-bedroom, and five (5) two-bedroom units at affordable rents, as currently defined in the Toronto Official Plan, and the remaining three (3) studio, six (6) one-bedroom, and two (2) two-bedroom units at mid-range rents, as currently defined in the Toronto Official Plan, for a period of at least ten (10) years beginning from the date of first occupancy of each unit. c) The owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants of the sixty-two (62) existing rental dwelling units proposed to be demolished, addressing the right to return to occupy one of the replacement rental dwelling units at similar rents, the provision of alternative accommodation at similar rents in the form of rent gap payments, and other assistance to mitigate hardship. The Tenant Relocation and Assistance Plan shall be developed in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning; d) The owner shall provide tenants of all sixty-two (62) replacement rental dwelling units 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 separate entrances or the need to pre-book or pay a fee unless specifically required as a customary practice for private bookings; e) The owner shall provide ensuite laundry in each replacement rental dwelling unit within the proposed development at no additional cost to tenants; f) The owner shall provide central air conditioning in each replacement rental dwelling unit within the proposed development at no additional cost to tenants; g) The owner shall provide and make available twenty (20) vehicle parking spaces for tenants of the replacement rental dwelling units. Such parking spaces shall be made available firstly to returning tenants who previously rented a vehicle parking space, secondly to returning tenants who did not previously rent a vehicle parking space, and thirdly to new tenants of the rental replacement dwelling units. Monthly parking charges for tenants who previously leased a vehicle parking space will be similar to what was previously paid. Monthly parking charges for tenants who did not previously lease a vehicle parking space will be on the same terms and conditions as any other resident of the development; h) The owner shall provide tenants of the replacement rental dwelling units with access to all bicycle and visitor vehicular parking at no charge and on the same terms and conditions as any other resident of the development; i) The owner shall provide fifteen (15) storage lockers to the tenants of the replacement rental dwelling units; j) The sixty-two (62) rental dwelling units required in Recommendation 6(a) above shall be made ready and available for occupancy no later than the date by which seventy percent (70%) of the new dwelling units in the proposed development, exclusive of the replacement rental units, are made available and ready for occupancy, subject to any revisions to the satisfaction of the Chief Planner and Executive Director, City Planning; and k) The owner shall enter into, and register on title to the lands at 40 Raglan Avenue, one or more agreement(s) to secure the conditions outlined in Recommendations 6(a) through (j) above, including an agreement pursuant to Section 111 of the City of Toronto Act, 2006, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning. 7. City Council authorize the Chief Planner and Executive Director, City Planning to issue Preliminary Approval of the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 for the demolition of sixty-two (62) rental dwelling units at 40 Raglan Avenue after all the following have occurred: a) All conditions in Recommendation 6 above have been fully satisfied and secured; b) The Zoning By-law Amendments have come into full force and effect; c) The issuance of the Notice of Approval Conditions for Site Plan approval by the Chief Planner and Executive Director, City Planning or their designate pursuant to Section 114 of the City of Toronto Act, 2006; d) The issuance of excavation and shoring permits (conditional or full permits) for the approved development on the site; e) The owner has confirmed, in writing, that all existing rental dwelling units proposed to be demolished are vacant; and f) The execution and registration of agreements pursuant to Section 37 of the Planning Act and Section 111 of the City of Toronto Act, 2006 securing Recommendations 6(a) through (j) above and any other requirements of the Zoning By-law Amendments (if applicable). 8. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning has given the Preliminary Approval referred to in Recommendation 7 above. 9. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Residential Demolition Permit under Section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for at 40 Raglan Avenue after the Chief Planner and Executive Director, City Planning Division has given Preliminary Approval referred to in Recommendation 6 above, which may be included in the Rental Housing Demolition Permit under Chapter 667 pursuant to section 6.2 of Chapter 363, on condition that: a) The owner removes all debris and rubble from the site immediately after demolition; b) The owner erects solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building; c) The owner erects the proposed building no later than three (3) years from the date on which the demolition of the existing rental dwelling units commences, subject to the timeframe being extended to the discretion of the Chief Planner and Executive Director, City Planning; and d) Should the owner fail to complete the proposed development containing the sixty-two (62) replacement rental dwelling units within the time specified in Recommendation 9(c) above, the City Clerk shall be entitled to enter on the collector's roll, as with municipal property taxes, an amount equal to the sum of twenty thousand dollars ($20,000.00) per dwelling unit for which a demolition permit is issued, and that such amount shall, until payment, be a lien or charge upon the land for which the Residential Demolition Permit is issued. 10. City Council authorize the appropriate City officials to take such actions as are necessary to implement City Council's decision, including execution of the Section 111 Agreement, Section 37 Agreement, and any other necessary agreements. 11. 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 174 square metres located in the south portion of the site, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor; 12. 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; the owner may propose the exception of encumbrances of tiebacks, where such an encumbrance is deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor; and such an encumbrance will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management. 13. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the applicant of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation (PFR). The development charge credit shall be in an amount that is the lesser of the cost to the applicant of designing and constructing the Above Base Park Improvements, as approved by the General Manager, PFR, 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.
TE34.12forwarded without recommendation
91-101 Raglan Avenue - Zoning Amendment and Rental Housing Applications - Final Report
This report reviews and recommends approval of the applications to demolish a group of 6 houses which contained 3 owner-occupied units and 3 rental units, and to amend the Zoning By-law to permit a 26-storey mixed-use building at 91-101 Raglan Avenue. The building is proposed to contain 225 dwelling units, a 17.7 square metre retail unit fronting onto Raglan Avenue, a 44.1 square metre Privately Owned Publicly-Accessible Space (POPS), and a publicly-accessible driveway connecting the rear public laneway to Raglan Avenue. Three levels of underground parking are proposed with 46 vehicle parking spaces for residents and a total of 272 bicycle parking spaces.
The Toronto and East York Community Council submits the item to City Council without recommendation.
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council amend City of Toronto Zoning By-law 569-2013 and former City of York Zoning By-law 1-83 for the lands at 91-101 Raglan Avenue substantially in accordance with the draft Zoning By-law Amendments attached as Attachment 5 and 6 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District. 2. City Council authorize the City Solicitor to submit the necessary bill to implement the foregoing recommendations 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 Section 37 Agreement is executed and registered. 3. City Council authorizes the City Solicitor to make such stylistic and technical changes to the 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 require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act (the "Section 37 Agreement") as follows: A. the community benefits to be secured in the Section 37 Agreement are as follows: a. Prior to the issuance of the first above grade building permit for 91-101 Raglan Avenue, the owner shall convey the lands known municipally as 85 and 87 Raglan Avenue to the City for municipal purposes, in an acceptable environmental condition and free and clear of all encumbrances except for an easement encumbrance shared between 87 Raglan Avenue and 89 Raglan Avenue, with the following requirements: i. the owner shall submit a Rental Housing Demolition Application for the lands at 85 and 87 Raglan Avenue, in accordance with Chapter 363-6.3. D of the Toronto Municipal Code and pursuant to Section 111 of the City of Toronto Act, 2006; and ii. the owner shall provide a title opinion for the lands known municipally as 85 and 87 Raglan Avenue, to the satisfaction of the City Solicitor. b. Prior to the issuance of the first above grade building permit for the lands, the owner shall pay to the City a cash contribution of $400,000.00 to be allocated as follows: i. $250,000.00 in the form of a Letter of Credit, to be submitted, in the City's standard form, for public art, located off-site, to the satisfaction of the Chief Planner and Executive Director, City Planning; the owner shall submit a Public Art Plan that is in accordance with the City's Percent for Public Art Program to the satisfaction of the Chief Planner and Executive Director, City Planning, and the Ward Councillor, and that the proposed Public Art Plan is presented to representatives from the community for their review and comment, in a process led by the Ward Councillor; and the terms of the Percent for Public Art Program shall be set out in the Section 37 Agreement; ii. A $150,000.00 payment in the form of a certified cheque for future road improvements contemplated for the Raglan Avenue corridor and adjacent local area, including (but not limited to) pavement marking and signage modifications, curb extension installations, the signalization of the Vaughan Road/Maplewood Avenue intersection, and other potential related infrastructure, to the satisfaction of the Chief Planner and Executive Director, City Planning; c. The payment amounts identified in Recommendation 5A(b) above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential 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 execution of the Section 37 Agreement to the date of payment; and d. In the event the cash contributions referred to in Recommendation 5A(b) above have 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 Official Plan Policy 5.1.1 and will benefit the community in the vicinity of the lands. e. The owner shall prepare all documents and convey to the City, at nominal cost, a 0.98-metre wide strip of land to the full extent of the site abutting the west limit of the north-south public lane, to a minimum depth of 1.2 metres from finished grade, together with right of support, such lands to be free and clear of all physical and title encumbrances, and subject to a right-of-way for access and construction purposes in favour of the Grantor until such time as the said lands have been laid out and dedicated for public lane widening purposes, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor; f. the owner shall provide, at its own expense, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, a mid-block connection 4.0 metres wide and 5.5 metres in vertical height, with a minimum area of 156 square metres, comprised of a driveway, connecting Raglan Avenue and the north-south public lane to the west of the lands, as a surface easement for pedestrians and vehicles. The easement is to be conveyed to the City prior to the site plan approval, pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City, and with the configuration and design to be determined to the satisfaction of the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor. g. prior to the issuance of site plan approval the owner shall provide, at its own expense, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, a minimum area of 44.0 square metres at the front of the proposed building on Raglan Avenue, as a Privately-Owned Publicly-Accessible Space (POPS) and shall provide to the City for nominal consideration POPS easements subject to public access easements for use of the POPS by members of the general public. The owner shall own, operate, maintain and repair the POPS and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the POPS at all times of the day and night, 365 days of the year; and the specific location, configuration and design of the POPS shall be determined in the context of a site plan approval application pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City. h. The following matters to be secured in the Section 37 Agreement as a legal convenience to support the development are as follows: i. the provision of a commercial retail unit that is a minimum of 17.7 square metres and located on the ground floor of the proposed building at 91-101 Raglan Avenue, adjacent to the residentional lobby, fronting onto Raglan Avenue; ii. the owner shall provide ten percent (10%) of all new residential units in the proposed development on the Lands as three-bedroom units; iii. prior to site plan approval, the owner shall submit a Pedestrian Level Wind Study, satisfactory to the Chief Planner and Executive Director, City Planning, including wind tunnel analysis, which identifies recommendations for the outdoor amenity areas, and pedestrian realm, including the proposed park to mitigate wind impacts year-round, and the owner shall implement and maintain in support of the development all recommended mitigation measures to the satisfaction of the Chief Planner and Executive Director, City Planning; iv. prior to site plan approval, the owner shall provide a Construction Management Plan and Neighbourhood Communication Strategy, prior to Site Plan Approval, to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the General Manager of Transportation Services and the Ward Councillor; v. prior to site plan approval, the owner has registered on title a Limiting Distance Agreement with the City, to the satisfaction to the City Solicitor, over a portion of 105 Raglan Avenue, that ensures that the tower portion of the proposed residential building at 91-101 Raglan Avenue can achieve appropriate tower setback and separation distance to the north, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; vi. the owner shall submit documentation and/or cash contributions toward Transportation Demand Management measures, as listed below, and such cash contributions shall be paid by the owner prior to the issuance of the site plan approval for the development, in the form of certified cheques, to the satisfaction of the General Manger, Transportation Services, and such cash contribution shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication No. 18-10-0135-01, or its successor, calculated from the date of the Section 37 Agreement to the date of payment: A. The provision of a minimum of two (s) car-share parking space; B. Written confirmation from a car-share operator for the proposed two (2) publicly-accessible car-share spaces provided on-site; C. One (1) bike-share membership per unit, offered in the first year of occupancy; and D. A minimum of one (1) bike repair stations provided on site. vii. The owner shall shift the lateral Toronto Water connection from north of the proposed driveway to be located directly under the proposed driveway at the south of the site in order to avoid conflict with proposed public trees, to the satisfaction of the Supervisor, Tree Protection and Plan Review - TEY District, as part of the Site Plan approval process. viii.The owner shall pay for and construct any improvements to the municipal infrastructure in connection with the accepted Functional Servicing Report, to be submitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development. 6. City Council approve the Rental Housing Demolition Application File 21 199875 STE 12 RH in accordance with Chapter 667 of the Toronto Municipal Code and pursuant to Section 111 of the City of Toronto Act, 2006 which allows for the demolition of three (3) existing rental dwelling units located at 91-101 Raglan Avenue. 7. City Council authorize the Chief Planner and Executive Director, City Planning to issue the Preliminary Approval for the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 for the demolition of the three (3) existing rental dwelling units located at 91-101 Raglan Avenue after all of the following have occurred: a. the Zoning By-law Amendment has come into full force and effect; b. the issuance of the Notice of Approval Conditions for site plan approval by the Chief Planner and Executive Director, City Planning, or designate, pursuant to Section 114 of the City of Toronto Act, 2006, or as otherwise authorized by the Chief Planner and Executive Director, City Planning; and c. the issuance of excavation and shoring permits (conditional or full permit) for the approved development on the lands. 8. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning has given Preliminary Approval referred to in Recommendation 7 above. 9. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Residential Demolition Permit under Section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for 91-101 Raglan Avenue after the Chief Planner and Executive Director, City Planning has given Preliminary Approval referred to in Recommendation 7 above, which may be included in the Rental Housing Demolition Permit under Chapter 667 pursuant to section 6.2 of Chapter 363, on condition that: a. the owner removes all debris and rubble from the site immediately after demolition; b. the owner erects solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building; c. the owner erects the proposed mixed use building on the site no later than five (5) years from the from the date that the demolition of such building commences, subject to the timeframe being extended to the discretion of the Chief Planner and Executive Director, City Planning; and d. should the owner fail to complete the proposed mixed use building within the time specified in Recommendation 9, the City Clerk shall be entitled to enter on the collector's roll, as with municipal property taxes, an amount equal to the sum of twenty thousand dollars ($20,000.00) per dwelling unit for which a demolition permit is issued, and that such amount shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.
TE34.13forwarded without recommendation
This report reviews and recommends approval of the application to amend the Official Plan and Zoning By-law to permit a mixed-use development at 1481-1535 Yonge Street, 1-31 Heath Street East, 30-36 Alvin Avenue, and 22 St. Clair Avenue East. The development consists of four residential buildings at 44, 39, 27 and 13-storeys, a new 1,560 square metre park at the northwest corner of the site, a central courtyard privately owned publicly-accessible space (POPS) approximately 1,400 square metres in size, a mid-block pedestrian connection, and the realignment of the Yonge Street and Heath Street intersection. The buildings are proposed to contain 1,361 dwelling units (including 38 rental replacement units) and 20,524 square metres of retail space. Three levels of underground parking are proposed with 500 vehicle parking spaces (including 200 Toronto Parking Authority spaces) and a total of 1,741 bicycle parking spaces.
The Toronto and East York Community Council submits the item to City Council without recommendation.
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council amend the Official Plan, for the lands at 1481-1535 Yonge Street, 1-31 Heath Street East, 30-36 Alvin Avenue, and 22 St. Clair Avenue East substantially in accordance with the draft Official Plan Amendment attached as Attachment 4 to this report (June 13, 2022) from the Director, Community Planning, Toronto and East York. 2. City Council amend Zoning By-law 569-2013 for the lands at 1481-1535 Yonge Street, 1-31 Heath Street East, 30-36 Alvin Avenue, and 22 St. Clair Avenue East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to this report (June 13, 2022) from the Director, Community Planning, Toronto and East York. 3. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and Zoning By-law Amendment as may be required. 4. City Council authorize the City Solicitor to submit the necessary bill(s) to implement the foregoing recommendation(s) 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. 5. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows: a. Prior to the first above grade building permit the owner will provide a cash contribution to the City in the amount of $6,847,810: i. $744,510.00 for the signalization of the intersection of Yonge Street and Heath Street, and/or the following: streetscape improvements; new and/or capital improvements to affordable housing; community facilities; and parks; ii. $2,671,000.00 for the cost of the realignment of Heath Street West on the West side of Yonge Street and streetscape improvements, and/or the following: streetscape improvements; new and/or capital improvements to affordable housing; community facilities; and parks; iii. $3,432,300.00 for new and/or capital improvements to affordable housing and/or community services and facilities. b. Prior to issuance of the first above-grade building permit, the owner shall submit a Letter of Credit equal to 100% of the value of the streetscaping improvements. The owner will construct streetscaping improvements, including improvements in connection with the realignment of Heath Street in the public right-of-way on the East side of Yonge Street using high quality materials in areas fronting on Alvin Avenue, Yonge Street, and Heath Street East at a cost of $2,102,000.00. Improvements on Heath Street East, in connection with the realignment, will include civil works such as removals, relocation of catch basins, paving and hydro pole relocation at a further value of $1,426,000.00. c. The owner agrees that it will make a contribution (the "Public Art Contribution") equal to $1,626,100.00 towards Public Art in accordance with the Public Art program. d. Prior to Site Plan Approval, the owner shall prepare, at its expense, a Public Art Plan (the "Public Art Plan") for the provision of Public Art upon the Site or adjacent City-owned lands, and submit the Public Art Plan to the Toronto Public Art Commission for recommendation and to Council for approval. e. The Public Art Plan, must meet the requirements of the Percent for Public Art Program. The Plan must include the degree of collaboration, the proposed location of the Public Art work within the overall Public Art Plan, the Jury composition, the budget, the distribution of the budget, the proposed timing of each part of the Public Art Plan in relation to the development of the Site and if the call for proposals is to be by invitation, a draft proposal call and a list of the artists to whom the proposal call is intended to be sent. The owner agrees to consider site potential in terms of public use, scale, coherence, visibility, safety, accessibility, narrative endowment and urban design objectives. The budget shall include the estimated cost of each proposed Public Art work and collaborative Public Art work above the Reasonable Base Costs of such element. f. The owner shall deepen the affordability level and extend the affordability period for sixteen (16) of the eighteen (18) replacement rental dwelling units with mid-range rents, comprised of at least 1,096 square metres of residential Gross Floor Area, where at least five (5) studio units, five (5) one-bedroom units, and six (6) two-bedroom units are provided at affordable rents, as currently defined in the City's Official Plan, for a period of at least 99 years beginning from the date of first occupancy of each unit, all to the satisfaction of the Chief Planner and Executive Director, City Planning; i. the owner shall provide and maintain the (16) replacement rental dwelling units with affordable rents (the "Affordable Housing Units") at Affordable Rents for the 99 year affordability period. The initial rent (inclusive of utilities) charged to the first tenants of any Affordable Housing Units shall not exceed 100% of the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report; ii. if one of the Affordable Housing Units becomes vacant and is re-rented to a new tenant during the 99 year affordability period, the initial rent (inclusive of utilities) charged to the new tenant shall not exceed 100% of the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report iii. after the first year of occupancy of any of the Affordable Housing Units and for the duration of the 99 year affordability period, the rent (inclusive of utilities) charged to the first tenants or new tenants occupying such unit may be escalated annually by not more than the annual provincial rent guideline, regardless of whether such guideline is applicable to the units under the Residential Tenancies Act or any successor legislation governing residential tenancies in Ontario, until the tenancy ends; iv. notwithstanding the annual rent increases permitted in iii. above, the rent (inclusive of utilities) charged to any first tenants or new tenants occupying an Affordable Housing Unit during the 99 year affordability period shall not be increased to an amount that exceeds 100% of the average rent for the same unit type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report; and v. the City's Centralized Affordable Housing Access System will be used to advertise and select tenants, provided it is in place. In addition, at least six months in advance of the replacement rental dwelling units with affordable rents being made available for rent, the owner shall develop and implement an Access Plan to ensure units are rented to eligible households in consultation with, and to the satisfaction of the Chief Planner and Executive Director, City Planning and Executive Director, Housing Secretariat. 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. Prior to the later of condominium registration and the first residential use of Tower 1, the construction, provision and maintenance of a continuous pedestrian connection from the POPS described in 6 j) below, connecting to the south property line with a knock out panel at or below grade, or through other means to facilitate an indoor connection to the existing TTC subway entrance; b. The owner will provide a bus shelter at or near the intersection of Yonge Street and Heath Street; c. Prior to Site Plan Approval the owner will plan all future utility connections to be grouped/located away from trees in order to minimize and streamline potential tree planting conflicts, and in coordination with Engineering and Construction Services. Maintenance holes, sampling ports, and the P1 floorplan (e.g. mechanical room, storage tanks, etc.) may need to be reconfigured. Additionally, if the building will be serviced by Enbridge gas, the location of the gas connection must be identified and should also be located away from trees in order to avoid conflicts with tree roots. d. Prior to Site Plan Approval, the owner shall submit a Pedestrian Level Wind Study, satisfactory to the Chief Planner and Executive Director, City Planning, including wind tunnel analysis, which identifies recommendations for the pedestrian realm and the outdoor areas of the podiums to mitigate wind impacts year-round, and the owner shall implement and maintain in support of the development the recommended mitigation measures to the satisfaction of the Chief Planner and Executive Director, City Planning; e. Prior to the issuance of Site Plan Approval, a Construction Management Plan and Neighbourhood Communication Strategy must be submitted to the satisfaction of the Chief Planner and Executive Director, City Planning Division in consultation with the Executive Director, Engineering and Construction Services and the Ward Councillor; f. Pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report, to be resubmitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development. g. Prior to the earlier of Site Plan Approval or the first building permit for shoring and excavation, the owner shall submit the following materials for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services: i. Functional Servicing and Stormwater Management Report; ii. Hydrogeological Report; iii. Servicing Report Groundwater Summary Form; iv. Hydrogeological Review Summary Form; and v. Fire Flow Test. h. Prior to Site Plan Approval, all applicable plans including sections will be required to identify a minimum pedestrian clearway of 3.5 metres along Yonge Street, and a minimum pedestrian clearway of 2.1 metres along Alvin Street and Heath Street. i. Prior to Site Plan Approval for development, or if phased then at each phase, a Transportation Impact Study will be submitted, and all recommendations will be secured as part of the Site Plan Agreement, and be constructed and paid by the owner, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; j. Prior to the later of condominium registration or the first residential use of last residential building on the lands, the owner will provide to the City for nominal consideration, Privately Owned Publicly-Accessible Space (POPS) easements over the new courtyard with a minimum area of 270 square metres, 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, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning, and the City Solicitor. The owner shall own, operate, maintain and repair the POPS. The owner shall install and maintain signage in a location to be determined through Site Plan Approval, at its own expense, stating that members of the public shall be entitled to use the POPS between the hours of 6am to 11:59pm, 365 days a year; k. Prior to (i) the later of condominium registration of Tower 1 and Tower 3; or (ii) the later of the first residential use of Tower 1 and Tower 3, the owner will convey to the City for nominal consideration, a minimum 2.5-metre wide easement over the pedestrian connection from Yonge Street to the POPS indicated in recommendation 6 j) above, to provide public access for use by the general public, which easements shall include provisions for rights of support if necessary, encumbrances, and insurance and indemnification of the City by the owner, to the satisfaction of Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning, and the City Solicitor. The owner shall own, operate, maintain and repair the easement; l. Prior to the later of condominium registration or the first residential use of Tower 2 and Building 1, the owner will convey to the City for nominal consideration, a minimum 2.5-metre wide easement over the pedestrian connection from Alvin Avenue to the POPS indicated in recommendation 6 j) above, to provide public access for use by the general public, which easement shall include provisions for rights of support if necessary, encumbrances, and insurance and indemnification of the City by the owner, to the satisfaction of Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning, and the City Solicitor. The owner shall own, operate, maintain and repair the easement; m. The owner shall provide on-site dog off-leash amenities with proper disposal facilities or dog relief stations within each building accessible to all building residents; n. Once all the buildings are constructed, a minimum of 10% of all dwelling units on the lands must have a minimum of three bedrooms. 7. 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 1,560 square metres located in the northwest portion of the development site, with the remaining parkland dedication to be provided as a cash-in-lieu payment prior to the first above grade building permit, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor. 8. 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; the owner may propose the exception of encumbrances of tiebacks, an existing TTC subway tunnel, and an underground parking garage, where such encumbrances are deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor; and such encumbrances will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management. 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, 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, PFR, 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 direct City staff to continue discussions with the applicant regarding the purchase of the property at the southwest corner of Heath Street and Yonge Street (1566-1568 Yonge Street) to allow for the realignment of the Yonge Street and Heath Street intersection. The details of the purchase, including fair market value of the property, to be determined at a later date, and reported to City Council for approval as necessary. 11. City Council approve the Rental Housing Demolition Application File No. 19 134877 STE 12 RH in accordance with Chapter 667 of the Toronto Municipal Code and pursuant to Section 111 of the City of Toronto Act, 2006 which allows for the demolition of thirty-six (36) existing rental dwelling units located at 7, 25, 27, 29 and 31 Heath Street East, and 36 Alvin Avenue, subject to the following conditions: a. The owner shall provide and maintain forty (40) replacement rental dwelling units on the subject site for a period of at least 20 years beginning from the date that each replacement rental dwelling unit is first occupied. During such 20-year period, no replacement rental dwelling unit shall be registered as a condominium or any other form of ownership housing that provides a right to exclusive possession of a dwelling unit, including life-lease or co-ownership, and no application shall be made to demolish any replacement rental dwelling unit or convert any replacement rental unit to a non-residential rental purpose; b. The forty (40) replacement rental dwelling units shall be comprised of eight (8) studio units, ten (10) one-bedroom units, twenty-one (21) two-bedroom units, and one (1) three-bedroom unit with a total gross floor area of at least 3,055 square metres, that as part of the Site Plan Control process, the owner shall provide updated floor plans to reflect recommendations 11 b) i. to 11 b) vii. below, to the satisfaction of the Chief Planer and Executive Director, City Planning. For further clarity, the specifications for the replacement units shall be as follows: i. All ten (10) one-bedroom replacement rental dwelling units will have bedrooms with an exterior window; ii. A minimum of ten (10) two-bedroom replacement rental dwelling units shall have no internal bedrooms and have a minimum size of at least 81.5 square metres (877 square feet), of which at least one (1) unit shall have a balcony or terrace; iii. A minimum of one (1) two-bedroom replacement rental dwelling unit shall have a no internal bedrooms and be at least 167.2 square metres (1800 square feet), and shall have a balcony or terrace; iv. A minimum of one (1) three-bedroom replacement rental dwelling units shall have a maximum of one internal bedroom, be at least 176.5 square metres (1,900 square feet), and shall have a balcony or terrace; v. A total of at least five (5) Replacement Rental Units shall have a balcony, patio or terrace; and, vi. Any revision to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning. c. The location and final specifications of the forty (40) replacement rental units within the proposed development shall be determined prior to the issuance of Notice of Approval Conditions of Site Plan approval for the phase the replacement rental units are located in, to the satisfaction of the Chief Planner and Executive Director, City Planning; d. The owner shall provide and maintain at least three (3) studio units, four (4) one-bedroom units, and fourteen (14) two-bedroom replacement rental dwelling units at affordable rents; and five (5) studio units, six (6) one-bedroom units, and seven (7) two-bedroom replacement rental dwelling units at mid-range rents, as currently defined in the City's Official Plan, for a period of at least 10 years beginning from the date of first occupancy of each unit. The one remaining three-bedroom replacement rental dwelling unit shall have unrestricted rents; e. The owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants of the thirty-six (36) existing rental dwelling units proposed to be demolished, addressing the right to return to occupy one of the replacement rental dwelling units at similar rents, the provision of alternative accommodation at similar rents in the form of rent gap payments, and other assistance to mitigate hardship. The Tenant Relocation and Assistance Plan shall be developed in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning; f. The owner shall provide tenants of all forty (40) replacement rental dwelling units 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 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; g. The owner shall provide central air conditioning in each replacement rental dwelling unit within the proposed development at no additional cost to tenants; h. The owner shall provide and make available for rent a minimum of six (6) vehicle parking spaces to tenants of the replacement rental dwelling units; i. The owner shall provide tenants of the forty (40) replacement rental dwelling units with access to all bicycle and visitor parking on the same terms and conditions as any other resident of the development; j. The owner shall enter into, and register on title at 7, 25, 27, 29 and 31 Heath Street East, and 36 Alvin Avenue, one or more agreement(s), to secure the conditions outlined in Recommendations 11 a) through 11 i) above, including an agreement pursuant to Section 111 of the City of Toronto Act, 2006, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning. 12. City Council authorize the Chief Planner and Executive Director, City Planning, to issue Preliminary Approval of the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code for the demolition of the thirty-six (36) existing rental dwelling units located at 7, 25, 27, 29 and 31 Heath Street East, and 36 Alvin Avenue, after all the following have occurred: a. All conditions in Recommendation 11 above have been fully satisfied and secured; b. The Official Plan and Zoning By-law Amendments have come into full force and effect; c. The issuance of the Notice of Approval Conditions for Site Plan Approval by the Chief Planner and Executive Director, City Planning Division or their designate, pursuant to Section 114 of the City of Toronto Act, 2006; d. The issuance of excavation and shoring permits (conditional or full permit) for the approved development on the site; e. The owner has confirmed, in writing, that all existing rental dwelling units proposed to be demolished are vacant; and f. The execution and registration of an agreement pursuant to Section 37 of the Planning Act securing Recommendations 11 a) through 11 j) above 13. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning Division has given Preliminary Approval referred to in Recommendation 12 above. 14. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Residential Demolition Permit under Section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for 7, 25, 27, 29 and 31 Heath Street East, and 36 Alvin Avenue, after the Chief Planner and Executive Director, City Planning Division has given Preliminary Approval referred to in Recommendation 12 above, which may be included in the Rental Housing Demolition Permit under Chapter 667 pursuant to section 6.2 of Chapter 363, on condition that: a. The owner removes all debris and rubble from the site immediately after demolition; b. The owner erects solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building; c. The owner erects the proposed building on site no later than five (5) years from the date that the demolition of such building commences, subject to the timeframe being extended to the discretion of the Chief Planner and Executive Director, City Planning; and d. Should the owner fail to complete the proposed building within the time specified in Recommendation 14 c) above, the City Clerk shall be entitled to enter on the collector's roll, as with municipal property taxes, an amount equal to the sum of twenty thousand dollars ($20,000.00) per dwelling unit for which a demolition permit is issued, and that such amount shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.
TE34.14amended
This report provides information in support of a City-initiated rezoning of 29, 35, 41, and 75 Basin Street, to permit a new production studio known as Basin Media Hub in the Port Lands. Basin Media Hub is a partnership between CreateTO and Hackman Capital Partners that will result in a purpose-built state-of-the-art film, television and digital media hub on 3.6 hectares (8.9 acres) of CreateTO property at 29, 35 and 41 Basin Street and 2.0 hectares (5.0 acres) of private lands at 75 Basin Street.
The Toronto and East York Community Council recommends that: 1. City Council amend Zoning By-law 569-2013 for the lands at 29, 35, 41 and 75 Basin Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to the report (June 7, 2022) from the Director, Community Planning, Toronto and East York District. 4. City Council direct the General Manager, Parks Forestry and Recreation, in consultation with the Chief Executive Officer, CreateTO and the Executive Director, Corporate Real Estate Management, to include funding for the delivery of the 18 metre wide Water's Edge Promenade along the Ship Channel and the Turning Basin adjacent to the proposed Basin Media Hub in the Port Lands in their capital budget submission for the 2023-2032 budget process. 3. City Council direct the General Manager, Transportation Services, in consultation with the Chief Executive Officer, CreateTO, to include funding for public realm improvements for Basin Street and Bouchette Street in the Port Lands, beyond those that would be secured through the site plan approval process in the 2023-2032 capital budget process. 4. City Council direct the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning to reduce the width of Basin Street within the Basin Media Hub, proposal at 29, 35 and 41 Basin Street below the Official Plan minimum width of 20 metres to 18 metres in order to accommodate the full build out of the studio proposal and the public promenade on the Ship Channel. 5. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council amend Zoning By-law 569-2013 for the lands at 29, 35, 41 and 75 Basin Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to the report (June 7, 2022) from the Director, Community Planning, Toronto and East York District. 2. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.
TE34.15forwarded without recommendation
This report recommends that City Council approve the alterations proposed for St. Basil's Seminary (designated under Part IV of the Ontario Heritage Act) in connection with the development of the subject property. The development is the subject of an Official Plan Amendment and a Zoning By-law Amendment application under the Planning Act. The property contains St. Basil's Seminary, now known as the Cardinal Flahiff Basilian Centre, which is an important example of the work of the great, 20th-century Canadian architect and engineer, Ernest Cormier (1885-1980). Cormier's other notable commissions include the Supreme Court of Canada building in Ottawa. The four-storey seminary complex was completed in 1951 as part of the Basilian Fathers centennial project to expand St. Michael's College. The seminary expresses Cormier's characteristic balance of Modernism with tradition and the St. Basil's Seminary Chapel interior, is especially significant as representative of Cormier's work. The property also contains Newman Hall Chapel, designed in 1913 by Arthur W. Holmes. The development application proposes a 39-storey, mixed-use tower with a 12-storey podium that incorporates a portion of St. Basil's Seminary and relocates the interior Seminary Chapel. The retained portions of the Seminary are proposed to be restored in the alternative location with minor modifications to support the new interior programming. The Newman Hall Chapel is proposed to be demolished. Overall, the alterations conserve the onsite and adjacent heritage properties and are consistent with the existing heritage policy framework. The heritage impacts of the development proposal are appropriately mitigated through the overall conservation strategy.
The Toronto and East York Community Council submits the item to Council without recommendation.
Staff recommendation as filed
The Senior Manager, Heritage Planning, Urban Design, City Planning recommends that: 1. City Council consent to the application to alter the designated property at 95 St. Joseph Street, with conditions, under Part IV, Section 33 of the Ontario Heritage Act for the reasons stated in the report (May 24, 2022) from the Senior Manager, Heritage Planning, Urban Design, City Planning and with such alterations substantially in accordance with the plans and drawings dated October 20, 2021 prepared by CORE Architects Inc. on file with the Senior Manager, Heritage Planning, Urban Design, City Planning and the Heritage Impact Assessment prepared by ERA Architects Inc. dated March 10, 2022 and on file with the Senior Manager, Heritage Planning, Urban Design, City Planning, all subject to and in accordance with an approved Conservation Plan satisfactory to the Senior Manager, Heritage Planning and subject to the following conditions: a. That the related site specific Official Plan Amendment and Zoning By-law Amendment have come into full force and effect. b. That the owner: 1. Enter into a Heritage Easement Agreement with the City for the property at 95 St. Joseph Street in accordance with the plans and drawings dated October 20, 2021 prepared by CORE Architects Inc., and on file with the Senior Manager, Heritage Planning, Urban Design, City Planning, the Heritage Impact Assessment prepared ERA Architects Inc., dated March 10, 2022, and in accordance with the Conservation Plan required in Recommendation 1.b.2 to the satisfaction of the Senior Manager, Heritage Planning, including registration of such agreement to the satisfaction of the City Solicitor. 2. Provide a detailed Conservation Plan, prepared by a qualified heritage consultant that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 95 St. Joseph Street prepared by ERA Architects Inc., dated March 10, 2022, to the satisfaction of the Senior Manager, Heritage Planning. 3. Recommendation b. 1. and 2. above are required to be satisfied prior to the introduction of the bill for any Zoning By-law Amendment related to the property, unless other legal mechanisms are utilized so as to satisfy the City Solicitor that no Building Permit will be issued until such time as the Owner has entered into the Heritage Easement Agreement and registered the agreement on title. In any case, the Conservation Plan must be accepted and the Heritage Easement Agreement must be entered into and registered no later than December 9, 2022, or such later date as may be agreed by the owner and the Senior Manager, Heritage Planning in writing, failing which this condition will be determined to be unfulfilled. c. That prior to Site Plan approval for the proposed Official Plan Amendment and Zoning By-law Amendment for the property located at 95 St. Joseph Street, the subject owner shall: 1. Provide final Site Plan drawings substantially in accordance with the approved Conservation Plan required in Recommendation 1.b.2 to the satisfaction of the Senior Manager, Heritage Planning. 2. Provide a Heritage Lighting Plan that describes how the exterior of the subject heritage property will be sensitively illuminated to enhance its heritage character to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning. 3. Provide a detailed Landscape Plan for the subject property, satisfactory to the Senior Manager, Heritage Planning. 4. Provide an Interpretation Plan for the subject property, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning. 5. Submit a Signage Plan for the subject property to the satisfaction of the Senior Manager, Heritage Planning. 6. Provide full documentation of Newman Hall Chapel, including two (2) printed sets of archival quality 8" x 10" colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set on a USB flash drive in tiff format and 600 dpi resolution keyed to a location map, elevations and measured drawings, and copies of all existing interior floor plans and original drawings as may be available, to the satisfaction of the Senior Manager, Heritage Planning. d. That prior to the issuance of any permit for all or any part of the property at 95 St. Joseph Street, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building, as are acceptable to the Senior Manager, Heritage Planning, the related site specific Official Plan and Zoning By-law Amendments giving rise to the proposed alterations have come into full force and effect and the owner of the subject property shall: 1. Have entered into a Heritage Easement Agreement with the City required in Recommendation 1.b.1. 2. Provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Recommendation 1.b.2 including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Planning. 3. Provide a Letter of Credit, including provision for upwards indexing, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Planning to secure all work included in the approved Conservation Plan, Lighting Plan and Interpretation Plan. e. That prior to the release of the Letter of Credit required in Recommendation 1.d.3, the owner shall: 1. Provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation, lighting and interpretive work has been completed in accordance with the Conservation Plan, Lighting Plan and Interpretation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning. 2. Provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning. 2. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of the property at 95 St. Joseph Street in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning. 3. City Council authorize the City Solicitor to introduce the necessary bill in Council authorizing the entering into of a Heritage Easement Agreement for the property at 95 St. Joseph Street.
TE34.16adopted
1540-1550 Bloor Street West - Rental Housing Demolition Application - Final Report
This application proposes to demolish the existing two-storey mixed-use buildings, which collectively contain 12 rental dwelling units, to permit the redevelopment of the lands with a 27-storey apartment building comprised of 354 dwelling units, including 12 affordable replacement rental units and 14 new affordable rental units. As of the date of this report, the total Gross Floor Area (GFA) of the proposed development would be 23,987 square metres, including 663 square metres of non-residential GFA, resulting in a Floor Space Index (FSI) of 9.73 times the site area. The properties are also the subject of a Zoning By-law Amendment (ZBA) application (19 263422 STE 04 OZ), which was appealed to the Ontario Land Tribunal (OLT), formerly the Local Planning Appeal Tribunal (LPAT), in June 2020 (Case No. PL200248) on the basis of City Council's failure to make a decision on the application within the timeframe prescribed by the Planning Act. On November 9, 2021, a settlement offer was endorsed by City Council and, on February 4, 2022, the OLT issued a Decision approving the ZBA application in principle and witheld its final Order until outstanding matters, including a decision by City Council on the Rental Housing Demolition application, are resolved. This report recommends approval of the Rental Housing Demolition application under Chapter 667 of the Toronto Municipal Code and the Residential Demolition Permit under Chapter 363 of the Toronto Municipal Code, subject to conditions.
The Toronto and East York Community Council recommends that: 1. City Council approve the Rental Housing Demolition application (19 263430 STE 04 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of twelve (12) existing rental dwelling units at 1540-1550 Bloor Street West, subject to the following conditions: a. The owner shall provide and maintain twelve (12) replacement rental dwelling units for a period of at least 20 years beginning from the date that each replacement rental unit is first occupied. During such 20-year period, no replacement rental unit shall be registered as a condominium or any other form of ownership housing that provides a right to exclusive possession of a dwelling unit, including life-lease or co-ownership, and no application shall be made to demolish any replacement rental unit or convert any replacement rental unit to a non-residential rental purpose. The twelve (12) replacement rental units shall collectively contain a total gross floor area of 763 square metres and be comprised of one (1) studio unit, four (4) one-bedroom units, and seven (7) two-bedroom units, as generally illustrated in the plans prepared by IBI Group and dated May 5, 2022. Any revision to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning. b. The owner shall provide and maintain twelve (12) replacement rental dwelling units, including at least seven (7) two-bedroom units, four (4) one-bedroom units, and one (1) studio unit, at affordable rents, as currently defined in the Toronto Official Plan, for a period of at least ten (10) years beginning from the date of first occupancy of each unit. c. The owner shall provide an acceptable Tenant Relocation and Assistance Plan to the one (1) Eligible Tenant of the twelve (12) existing rental dwelling units proposed to be demolished, addressing the right to return to occupy one of the replacement rental dwelling units at similar rents, the provision of alternative accommodation at similar rents in the form of rent gap payments, and other assistance to mitigate hardship. The Tenant Relocation and Assistance Plan shall be developed in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning. e. The owner shall provide tenants of all twelve (12) replacement rental dwelling units 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. f. The owner shall provide ensuite laundry in each replacement rental dwelling unit within the proposed development at no additional cost to tenants. g. The owner shall provide central air conditioning in each replacement rental dwelling unit within the proposed development at no additional cost to tenants. h. The owner shall provide tenants of the replacement rental dwelling units with access to visitor vehicular parking at no charge and on the same terms and conditions as it is offered to any other resident of the proposed development. i. The owner shall provide and make available at least eleven (11) bicycle parking spaces to tenants of the replacement rental dwelling units at no charge and on a first come-first serve basis. j. The twelve (12) replacement rental dwelling units required in Recommendation 1.a. above shall be made ready and available for occupancy no later than the date by which seventy percent (70%) of the new dwelling units in the proposed development, exclusive of the replacement rental units, are made available and ready for occupancy. k. The owner shall enter into, and register on title to the lands at 1540-1550 Bloor Street West, one or more agreement(s) to secure the conditions outlined in Recommendations 1.a. through 1.j. above, including an agreement pursuant to Section 111 of the City of Toronto Act, 2006, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning. 2. City Council authorize the Chief Planner and Executive Director, City Planning to issue Preliminary Approval of the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 for the demolition of the twelve (12) existing rental dwelling units at 1540-1550 Bloor Street West after all the following have occurred: a. all conditions in Recommendation 1 above have been fully satisfied and secured; b. the Zoning By-law Amendment has come into full force and effect; c. the issuance of Notice of Approval Conditions for site plan approval by the Chief Planner and Executive Director, City Planning or their designate pursuant to Section 114 of the City of Toronto Act, 2006; d. the issuance of excavation and shoring permits (conditional or full permits) for the approved development on the site; e. the owner has confirmed, in writing, that all existing rental dwelling units proposed to be demolished are vacant; and f. the execution and registration of agreements pursuant to Section 37 of the Planning Act and Section 111 of the City of Toronto Act, 2006 securing Recommendations 1.a. through 1.j. above and any other requirements of the Zoning-Bylaw Amendment (if applicable). 3. City Council authorize the Chief Building Official and Executive Director, Toronto Building Division to issue a Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning has given Preliminary Approval referred to in Recommendation 2 above. 4. City Council authorize the Chief Building Official and Executive Director, Toronto Building Division to issue a Residential Demolition Permit under Section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for 1540-1550 Bloor Street West after the Chief Planner and Executive Director, City Planning has given Preliminary Approval referred to in Recommendation 2 above, which may be included in the Rental Housing Demolition Permit under Chapter 667 pursuant to section 6.2 of Chapter 363, on condition that: a. the owner removes all debris and rubble from the site immediately after demolition; b. the owner erects solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building Division; c. the owner erects the proposed building no later than three (3) years from the date on which the demolition of the existing buildings commences, subject to the timeframe being extended at the discretion of the Chief Planner and Executive Director, City Planning Division; and d. should the owner fail to complete the proposed development containing the twelve (12) replacement rental dwelling units within the time specified in Recommendation 4c) above, the City Clerk shall be entitled to enter on the collector's roll, as with municipal property taxes, an amount equal to the sum of twenty thousand dollars ($20,000.00) per dwelling unit for which a demolition permit is issued, and that such amount shall, until payment, be a lien or charge upon the land for which the Residential Demolition Permit is issued. 5. City Council authorize the appropriate City officials to take such actions as are necessary to implement City Council's decision, including execution of the Section 111 agreement and other related agreements.
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council approve the Rental Housing Demolition application (19 263430 STE 04 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of twelve (12) existing rental dwelling units at 1540-1550 Bloor Street West, subject to the following conditions: a) The owner shall provide and maintain twelve (12) replacement rental dwelling units for a period of at least 20 years beginning from the date that each replacement rental unit is first occupied. During such 20-year period, no replacement rental unit shall be registered as a condominium or any other form of ownership housing that provides a right to exclusive possession of a dwelling unit, including life-lease or co-ownership, and no application shall be made to demolish any replacement rental unit or convert any replacement rental unit to a non-residential rental purpose. The twelve (12) replacement rental units shall collectively contain a total gross floor area of 763 square metres and be comprised of one (1) studio unit, four (4) one-bedroom units, and seven (7) two-bedroom units, as generally illustrated in the plans prepared by IBI Group and dated May 5, 2022. Any revision to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning. b) The owner shall provide and maintain twelve (12) replacement rental dwelling units, including at least seven (7) two-bedroom units, four (4) one-bedroom units, and one (1) studio unit, at affordable rents, as currently defined in the Toronto Official Plan, for a period of at least ten (10) years beginning from the date of first occupancy of each unit. c) The owner shall provide an acceptable Tenant Relocation and Assistance Plan to the one (1) Eligible Tenant of the twelve (12) existing rental dwelling units proposed to be demolished, addressing the right to return to occupy one of the replacement rental dwelling units at similar rents, the provision of alternative accommodation at similar rents in the form of rent gap payments, and other assistance to mitigate hardship. The Tenant Relocation and Assistance Plan shall be developed in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning. e) The owner shall provide tenants of all twelve (12) replacement rental dwelling units 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. f) The owner shall provide ensuite laundry in each replacement rental dwelling unit within the proposed development at no additional cost to tenants. g) The owner shall provide central air conditioning in each replacement rental dwelling unit within the proposed development at no additional cost to tenants. h) The owner shall provide tenants of the replacement rental dwelling units with access to visitor vehicular parking at no charge and on the same terms and conditions as it is offered to any other resident of the proposed development. i) The owner shall provide and make available at least eleven (11) bicycle parking spaces to tenants of the replacement rental dwelling units at no charge and on a first come-first serve basis. j) The twelve (12) replacement rental dwelling units required in Recommendation 1a) shall be made ready and available for occupancy no later than the date by which seventy percent (70%) of the new dwelling units in the proposed development, exclusive of the replacement rental units, are made available and ready for occupancy. k) The owner shall enter into, and register on title to the lands at 1540-1550 Bloor Street West, one or more agreement(s) to secure the conditions outlined in Recommendations 1a) through 1j) above, including an agreement pursuant to Section 111 of the City of Toronto Act, 2006, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning. 2. City Council authorize the Chief Planner and Executive Director, City Planning to issue Preliminary Approval of the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 for the demolition of the twelve (12) existing rental dwelling units at 1540-1550 Bloor Street West after all the following have occurred: a) all conditions in Recommendation 1 above have been fully satisfied and secured; b) the Zoning By-law Amendment has come into full force and effect; c) the issuance of Notice of Approval Conditions for site plan approval by the Chief Planner and Executive Director, City Planning or their designate pursuant to Section 114 of the City of Toronto Act, 2006; d) the issuance of excavation and shoring permits (conditional or full permits) for the approved development on the site; e) the owner has confirmed, in writing, that all existing rental dwelling units proposed to be demolished are vacant; and f) the execution and registration of agreements pursuant to Section 37 of the Planning Act and Section 111 of the City of Toronto Act, 2006 securing Recommendations 1a) through 1j) above and any other requirements of the Zoning-Bylaw Amendment (if applicable). 3. City Council authorize the Chief Building Official and Executive Director, Toronto Building Division to issue a Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning has given Preliminary Approval referred to in Recommendation 2 above. 4. City Council authorize the Chief Building Official and Executive Director, Toronto Building Division to issue a Residential Demolition Permit under Section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for 1540-1550 Bloor Street West after the Chief Planner and Executive Director, City Planning has given Preliminary Approval referred to in Recommendation 2 above, which may be included in the Rental Housing Demolition Permit under Chapter 667 pursuant to section 6.2 of Chapter 363, on condition that: a) the owner removes all debris and rubble from the site immediately after demolition; b) the owner erects solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building Division; c) the owner erects the proposed building no later than three (3) years from the date on which the demolition of the existing buildings commences, subject to the timeframe being extended at the discretion of the Chief Planner and Executive Director, City Planning Division; and d) should the owner fail to complete the proposed development containing the twelve (12) replacement rental dwelling units within the time specified in Recommendation 4c) above, the City Clerk shall be entitled to enter on the collector's roll, as with municipal property taxes, an amount equal to the sum of twenty thousand dollars ($20,000.00) per dwelling unit for which a demolition permit is issued, and that such amount shall, until payment, be a lien or charge upon the land for which the Residential Demolition Permit is issued. 5. City Council authorize the appropriate City officials to take such actions as are necessary to implement City Council's decision, including execution of the Section 111 agreement and other related agreements.
TE34.17adopted
This application proposes to demolish and replace nine rental dwelling units and amend the Official Plan and Zoning By-law 569-2013 to permit a new 26-storey residential building with a four storey base building at 316-336 Campbell Avenue with 313 residential units, a minimum 140 square metre Privately-Owned Publicly Accessible Open Space ("POPS") at grade and 103 parking spaces. The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020), conforms to the relevant policies of the Official Plan and maintains the intent and purpose of the applicable design guidelines. This report reviews and recommends approval of the application to amend the Zoning By-law and the Rental Housing Demolition Application. The report also recommends approval of Open Door Affordable Rental Housing Program incentives for 21 new affordable rental/co-op units in the development.
The Toronto and East York Community Council recommends that: 1. City Council amend the Official Plan for the lands at 316 - 336 Campbell Avenue substantially in accordance with the draft Official Plan Amendment attached as Attachment 5 to the report (June 8, 2022) from the Director, Community Planning, Toronto and East York District. 2. City Council amend Zoning By-law 569-2013 for the lands at 316 - 336 Campbell substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (June 8, 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 Zoning By-law Amendment as may be required. 4. City Council authorize the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement City Council's decision. 5. City Council require Campont Developments Limited ("the Owner") to enter into an Agreement pursuant to Section 37 of the Planning Act as follows: a. The Owner's section 37 contribution consists of providing and maintaining twenty-one (21) new affordable rental dwelling units on the lands at 316-336 Campbell Avenue (the "Affordable Housing Units"), all to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Executive Director, Housing Secretariat; b. The Affordable Housing Units are to be conveyed to Community Affordable Housing Solutions or another non-profit affordable housing provider chosen by the City in its sole discretion (the "Provider") as a stratified freehold parcel; c. The Affordable Housing Units shall be in accordance with the following: i. at least one of the Affordable Housing Units shall be a three-bedroom unit with a minimum unit size of 82 square metres with the combined 3 bedroom units having an average size of 82 square metres; ii. at least eight of the Affordable Housing Units shall be two-bedroom rental units with a minimum unit size of 54 square metres with the combined 2 bedroom units having an average size of 59.45 square metres; iii. no more than 12 of the Affordable Housing Units shall be one-bedroom rental units with a minimum unit size of 40.9 square metres with the combined 1 bedroom units having an average size of 46.1 square metres; iv. The unit sizes described in Recommendations 5.c.i to 5.c.iii may vary by a maximum of three percent (3 percent), but only as a result of reasonable adjustments which may be required for the purposes of accommodating final structural or mechanical design. All such adjustments must be made to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat; v. All units will be located within one contiguous floor within the podium of the development; vi. the Affordable Housing Units shall be provided and maintained as secured rental housing for a minimum period of 99 years beginning from the date that each such unit is first occupied (the "Affordability Period"). During the Affordability Period, no Affordable Housing Unit shall be registered as a condominium unit or any other form of ownership housing that provides a right to exclusive possession of a dwelling unit, including life lease or co-ownership, and no application shall be made to demolish any Affordable Housing Unit or to convert any Affordable Housing Unit to a non-residential rental purpose. Upon the expiration of the Affordability Period, the Owner shall continue to provide and maintain the units as rental dwelling units, unless and until such time as the Owner has applied for, and obtained, all approvals necessary to do otherwise; vii. the initial rent (inclusive of utilities) charged to the first tenants of any Affordable Housing Units shall not exceed 100 percent of the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report, and the project average across the Affordable Housing Units shall not exceed 80 percent of the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report; viii. if an Affordable Housing Unit becomes vacant and is re-rented to a new tenant during the Affordability Period, the initial rent (inclusive of utilities) charged to the new tenant shall not exceed 100 percent of the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report, and the project average across the Affordable Housing Units shall not exceed 80 percent of the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report; ix. after the first year of occupancy of any Affordable Housing Units and for the duration of the Affordability Period, the rent (inclusive of utilities) charged to tenants occupying such unit may be escalated annually by not more than the annual provincial rent guideline, regardless of whether such guideline is applicable to the units under the Residential Tenancies Act or any successor legislation governing residential tenancies in Ontario, until the tenancy ends; x. notwithstanding the annual rent increases permitted in Recommendation 5.c.vii. above, the rent (inclusive of utilities) charged to any tenants occupying an Affordable Housing Unit during the Affordability Period shall not be increased to an amount that exceeds 100 percent of the average rent for the same unit type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report, and the project average across the Affordable Housing Units shall not exceed 80 percent of the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report; xi. at least six months in advance of any new Affordable Housing Units being made available for rent to the general public, the Owner shall develop and implement a Tenant Access Plan to ensure units are rented to eligible households in consultation with, and to the satisfaction of the Executive Director, Housing Secretariat; xii. the new Affordable Housing Units shall be made ready and available for occupancy no later than the date by which 70 percent of the new dwelling units in the new building are available and ready for occupancy, or to the satisfaction of, the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat; xiii. the Owner shall provide all tenants of the affordable rental dwelling units with access to, and use of, all indoor and outdoor amenities in the building in which such tenant resides at no extra charge; access to, and use of, these amenities shall be provided on the same terms and conditions as any other resident of the building without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings; xiv. access to, and use of, these amenities shall be provided on the same terms and conditions as any other resident of the building in which the Affordable Housing Units are located, without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings; xv. the Owner shall provide all tenants of the Affordable Housing Units with laundry facilities on the same basis as other units within building in which the Affordable Housing Units are located at no extra charge; xvi. the Owner shall provide all tenants of the Affordable Housing Units with access to permanent and visitor bicycle parking/bicycle lockers on the same terms and conditions as any other resident of the building in which the Affordable Housing Units are located, and in accordance with the Zoning By-law; and xvii. prior to the issuance of the first building permit for a residential use on any part of the site, including permits for excavation and shoring, the Owner shall enter into a municipal housing facility agreement with the City (the "Contribution Agreement"), for the Affordable Housing Units that are approved for Open Door incentives, on terms satisfactory to the Executive Director, Housing Secretariat and in a form satisfactory to the City Solicitor. The Owner shall provide such Affordable Housing Units in accordance with such agreement(s). xviii. The Owner shall enter into an agreement of purchase and sale ("APS") for the conveyance of the Affordable Housing Units to the Provider and the City (with the City as a contingent transferee) at a discounted maximum total purchase price of $6,798,634 prior to the issuance of the first above grade building permit for the development, which agreement of purchase and sale shall be subject to the following terms: A. the agreement of purchase and sale shall be assignable by the City of Toronto to another non-profit Provider at the City of Toronto's sole discretion; and B. the City of Toronto shall not be liable to pay any deposit penalty, or liquidated damages to the Owner or the Provider in the event the City terminates the agreement of purchase and sale for any reason, including failure of the Provider to close on the transaction, a lack of funding to complete the transaction, or the City being unsuccessful in identifying an alternate Provider; xix. The Owner and the Provider will enter into a shared facilities agreement for 99 years, on the following terms: A. the shared facilities agreement will allocate costs proportionately based on each party's actual share of the shared facilities; B. the Owner shall discount 50 percent of the Provider's share of the shared facilities costs under the shared facilities agreement for 99 years; C. the Owner (including any condominium corporation or other assignee) shall not have the right to unilaterally amend the shared facilities agreement, nor shall the shared facilities agreement be amended to directly or indirectly increase the share of costs that the Provider is responsible for paying under the shared facilities agreement for the 99 year term; and D. the shared facilities agreement shall otherwise be on commercially reasonably terms. xx. if the Owner fails to enter into the agreement of purchase and sale as required or the conveyance of the Affordable Housing Units to the Provider does not close for any reason, the Owner shall provide and maintain the Affordable Housing Units in accordance with this Part 5. 6. City Council also direct that the following be secured in the Section 37 Agreement as matters of legal convenience to secure matters required to support the development: a. The Owner shall provide a minimum of 10 percent of all new units in the proposed development as three-bedroom units; b. The Owner shall provide a minimum of 25 percent of all new units in the proposed development as two-bedroom units; c. The Owner shall provide a privately owned publicly accessible open space ("POPS") of a minimum 140 square metres at the southeast corner of the site, whereby as a pre-approval condition to Site Plan Approval for the development, the Owner shall convey to the City, for nominal consideration, easement(s) along the surface of the lands, to the satisfaction of the City Solicitor, which shall constitute the POPS and any required public access easements to connect the POPS to adjacent POPS and/or public rights-of-way, where necessary; and the Owner shall own, operate, maintain and repair the POPS and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the POPS at all times of the day and night, 365 days of the year; and the specific location, configuration and design of the POPS shall be determined in the context of a site plan approval satisfactory to the Chief Planner and Executive Director, City Planning, pursuant to section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City; d. the Owner will construct and maintain the Development 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 Development Site; e. implementation of all recommended mitigation measures included in all reports, studies, and plans submitted by the Owner, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the appropriate City official; f. As part of the application for Site Plan Control, 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 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 by the General Manager, Transportation Services, in consultation with the Ward Councillor; g. Prior to the issuance of the first above grade building permit, the Owner shall provide an offsite parkland dedication within 500 m of the development site to the satisfaction of General Manager, Parks, Forestry and Recreation. If an appropriate site cannot be found, a cash-in lieu payment will be provided instead to the satisfaction of the General Manager, Parks, Forestry and Recreation. 7. City Council approve the Rental Housing Demolition application (21 138112 STE 09 RH) under Chapter 667 of the Toronto Municipal Code pursuant to section 111 of the City of Toronto Act, 2006 to permit the demolition of nine existing rental dwelling units at 316, 318, 320, 332 and 336 Campbell Avenue: a. The Owner shall provide and maintain nine replacement rental dwelling units for a period of at least 20 years beginning from the date that each replacement rental unit is first occupied. During such 20 year period, no replacement rental dwelling unit shall be registered as a condominium or any other form of ownership housing that provides a right to exclusive possession of a dwelling unit, including life-lease or co-ownership, and no application shall be made to demolish any replacement rental dwelling unit or convert any replacement rental unit to a non-residential rental purpose. The nine replacement rental dwelling units shall collectively have a total gross floor area of at least 456.2 square metres and be comprised of one studio unit, three one-bedroom units, and five two-bedroom units; b. The replacement rental units will be similar in size, by unit type, to the demolished rental units to the satisfaction of the Chief Planner and Executive Director, City Planning. The average replacement rental unit size, by unit type, shall be no less than 97 percent of the average demolished rental unit size, by unit type. Revised floor plans for the replacement units indicating the sizes, and location of the nine replacement rental units will be provided prior to the issuance of Notice of Approval Conditions for Site Plan Approval, to the satisfaction of the Chief Planner and Executive Director, City Planning; c. At least two of the rental replacement units will have a private outdoor balcony and/or patio; d. The Owner shall provide and maintain at least one one-bedroom unit and two two-bedroom units at no more than 60 percent of affordable rent, one studio unit and two one-bedroom units at no more than 90 percent of affordable rents, and three two-bedroom units at mid-range rents, as currently defined in the Toronto Official Plan, for a period of at least ten years beginning from the date of first occupancy of each unit. e. The Owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants, addressing the right to return to occupy one of the replacement rental dwelling units at similar rents, the provision of alternative accommodation at similar rents in the form of rent gap payments, and other assistance to mitigate hardship. The Tenant Relocation and Assistance Plan shall be developed in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning; f. The Owner shall provide tenants of all nine replacement rental dwelling units 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 separate entrances or the need to pre-book or pay a fee unless specifically required as a customary practice for private bookings; g. The Owner shall provide ensuite laundry in each replacement rental dwelling unit within the proposed development at no additional cost to tenants; h. The Owner shall provide central air conditioning in each replacement rental dwelling unit within the proposed development at no additional cost to tenants; i. The Owner shall provide and make available for rent a minimum of two vehicle parking spaces to tenants of the replacement rental dwelling units. The terms and conditions for renting parking spots to tenants of the replacement units shall be to the satisfaction of the Chief Planner and Executive Director, City Planning; j. The Owner shall provide tenants of the nine replacement rental dwelling units with access to all bicycle and visitor parking on the same terms and conditions as any other resident of the proposed development; k. The Owner shall provide four storage lockers to tenants of the replacement rental dwelling units. The terms and conditions for renting storage lockers to tenants of the replacement units shall be to the satisfaction of the Chief Planner and Executive Director, City Planning; l. The nine rental dwelling units required in Recommendation 7.a. above shall be made ready and available for occupancy no later than the date by which 70 percent of the new dwelling units in the proposed development, exclusive of the replacement rental units, are made available and ready for occupancy, subject to any revisions to the satisfaction of the Chief Planner and Executive Director, City Planning; and m. The Owner shall enter into, and register on title to the lands at 316-332 Campbell Avenue, one or more agreement(s) to secure the conditions outlined in Recommendations 7.a. through 7.l. above, including an agreement pursuant to Section 111 of the City of Toronto Act, 2006, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning. 8. City Council authorize the Chief Planner and Executive Director, City Planning to issue Preliminary Approval of the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code pursuant to section 111 of the City of Toronto Act, 2006 for the demolition of nine rental dwelling units at 316, 318, 320, 332 and 336 Campbell Avenue after all the following have occurred: a. All conditions in Recommendation 7 above have been fully satisfied and secured; b. A tenant consultation meeting, led by City Staff, for eligible tenants has taken place; c. The Zoning By-law Amendment(s) have come into full force and effect; d. The issuance of the Notice of Approval Conditions for site plan approval by the Chief Planner and Executive Director, City Planning\or their designate, pursuant to Section 114 of the City of Toronto Act, 2006, or as otherwise authorized by the Chief Planner and Executive Director, City Planning; e. The issuance of excavation and shoring permits (conditional or full permit) for the approved development on the site; f. The Owner has confirmed, in writing, that all existing rental dwelling units proposed to be demolished are vacant; and g. The execution and registration of agreements pursuant to section 37 of the Planning Act and section 111 of the City of Toronto Act, 2006 securing recommendations 7a) through 7l) above and any other requirements of the Zoning-Bylaw Amendment. 9. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning Division has given Preliminary Approval referred to in Recommendation 8 above. 10. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Residential Demolition Permit under section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for 316-332 Campbell Avenue after the Chief Planner and Executive Director, City Planning has given the Preliminary Approval referred to in recommendation 8 above, which may be included in the Rental Housing Demolition Permit under Chapter 667 pursuant to section 6.2 of Chapter 363, on condition that: a. The Owner removes all debris and rubble from the site immediately after demolition; b. The Owner erects solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building; c. The Owner erects the proposed building no later than three years from the date on which the demolition of the existing rental dwelling units commences, subject to the timeframe being extended to the discretion of the Chief Planner and Executive Director, City Planning; and d. Should the Owner fail to complete the proposed development containing the nine replacement rental dwelling units within the time specified in Recommendation 9.c. above, the City Clerk shall be entitled to enter on the collector's roll, as with municipal property taxes, an amount equal to the sum of $20,000.00 per dwelling unit for which a demolition permit is issued, and that such amount shall, until payment, be a lien or charge upon the land for which the Residential Demolition Permit is issued. 11. City Council authorize the Executive Director, Housing Secretariat, to negotiate and execute a municipal housing facility agreement (the "Contribution Agreement") with Campont Developments Limited (or a related corporation) and/or Community Affordable Housing Solutions (or a related corporation), or a non-profit housing provider approved by the Executive Director, Housing Secretariat, at their sole discretion (the "Provider"), for the provision of Open Door Incentives, for development of 21 Affordable Housing Units at 316-336 Campbell Avenue to secure the financial assistance being provided and set out the terms of the operation of the Affordable Housing Units, on terms and conditions acceptable to the Executive Director, Housing Secretariat, in a form satisfactory to the City Solicitor. 12. City Council approve the provision of financial incentives pursuant to the City's Open Door Affordable Housing Program in relation to the Affordable Housing Units as follows: a. City Council exempt the 21 affordable rental dwelling units at 316-336 Campbell Avenue from taxation for municipal and school purposes for the 99-year term of the municipal housing facility agreement; and b. City Council authorize the 21 new affordable rental dwelling units at 316-336 Campbell Avenue to be eligible for waivers of fees for planning applications, building permits and parkland dedication, and for development charges exemptions, unless already paid. 13. City Council authorize the Executive Director, Housing Secretariat, on behalf of the City, to execute any security or financing documents, or any other documents required to facilitate the delivery of the Affordable Housing Units, including any documents required by the Owner or the Provider to complete pre-development activities, construction and secure construction and conventional financing, where required, including any postponement, confirmation of status, discharge or consent documents where and when required during the term of the municipal housing facility 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 that have not been previously approved by Council. 14. City Council authorize the Controller to cancel or refund any taxes paid after the effective date of the exemption from taxation for municipal and school purposes, as set out in the Contribution Agreement. 15. City Council authorize the City to be a party to the agreements of purchase and sale contemplated to be entered into for the Affordable Housing Units as a contingent transferee, in order to ensure the benefit of the Affordable Housing Units is secured for the intended purposes until the transaction is complete. 16. City Council authorize the Executive Director, Housing Secretariat to execute the agreements of purchase and sale and any other documents required to complete the purchase of the Affordable Housing Units, including an assignment of the agreements of purchase and sale for the Affordable Housing Units to Solutions the Provider. 17. City Council authorize the Executive Director, Housing Secretariat to administer and manage the transaction relating to the Affordable Housing Units in consultation with the Executive Director, Corporate Real Estate Management, including the provision of any consents, approvals, waivers and notices, provided that they may, at any time, refer consideration of any such matters (including their content) to City Council for consideration and direction, all as may be required.
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council amend the Official Plan for the lands at 316 - 336 Campbell Avenue substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 5 to the report (June 8, 2022) from the Director, Community Planning, Toronto and East York District. 2. City Council amend Zoning By-law 569-2013 for the lands at 316 - 336 Campbell substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to the report (June 8, 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 Zoning By-law Amendment as may be required. 4. City Council authorize the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement City Council's decision. 5. City Council require Campont Developments Limited ("the Owner") to enter into an Agreement pursuant to Section 37 of the Planning Act as follows: a) The Owner's section 37 contribution consists of providing and maintaining twenty-one (21) new affordable rental dwelling units on the lands at 316-336 Campbell Avenue (the "Affordable Housing Units"), all to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Executive Director, Housing Secretariat; b) The Affordable Housing Units are to be conveyed to Community Affordable Housing Solutions or another non-profit affordable housing provider chosen by the City in its sole discretion (the "Provider") as a stratified freehold parcel; c) The Affordable Housing Units shall be in accordance with the following: i. at least one of the Affordable Housing Units shall be a three-bedroom unit with a minimum unit size of 82 square metres with the combined 3 bedroom units having an average size of 82 square metres; ii. at least eight of the Affordable Housing Units shall be two-bedroom rental units with a minimum unit size of 54 square metres with the combined 2 bedroom units having an average size of 59.45 square metres; iii. no more than 12 of the Affordable Housing Units shall be one-bedroom rental units with a minimum unit size of 40.9 square metres with the combined 1 bedroom units having an average size of 46.1 square metres; iv. The unit sizes described in recommendations 5.c.i to 5.c.iii may vary by a maximum of three percent (3%), but only as a result of reasonable adjustments which may be required for the purposes of accommodating final structural or mechanical design. All such adjustments must be made to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat; v. All units will be located within one contiguous floor within the podium of the development; vi. the Affordable Housing Units shall be provided and maintained as secured rental housing for a minimum period of 99 years beginning from the date that each such unit is first occupied (the "Affordability Period"). During the Affordability Period, no Affordable Housing Unit shall be registered as a condominium unit or any other form of ownership housing that provides a right to exclusive possession of a dwelling unit, including life lease or co-ownership, and no application shall be made to demolish any Affordable Housing Unit or to convert any Affordable Housing Unit to a non-residential rental purpose. Upon the expiration of the Affordability Period, the Owner shall continue to provide and maintain the units as rental dwelling units, unless and until such time as the Owner has applied for, and obtained, all approvals necessary to do otherwise; vii. the initial rent (inclusive of utilities) charged to the first tenants of any Affordable Housing Units shall not exceed 100 percent of the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report, and the project average across the Affordable Housing Units shall not exceed 80 percent of the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report; viii. if an Affordable Housing Unit becomes vacant and is re-rented to a new tenant during the Affordability Period, the initial rent (inclusive of utilities) charged to the new tenant shall not exceed 100 percent of the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report, and the project average across the Affordable Housing Units shall not exceed 80 percent of the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report; ix. after the first year of occupancy of any Affordable Housing Units and for the duration of the Affordability Period, the rent (inclusive of utilities) charged to tenants occupying such unit may be escalated annually by not more than the annual provincial rent guideline, regardless of whether such guideline is applicable to the units under the Residential Tenancies Act or any successor legislation governing residential tenancies in Ontario, until the tenancy ends; x. notwithstanding the annual rent increases permitted in vii. above, the rent (inclusive of utilities) charged to any tenants occupying an Affordable Housing Unit during the Affordability Period shall not be increased to an amount that exceeds 100 percent of the average rent for the same unit type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report, and the project average across the Affordable Housing Units shall not exceed 80 percent of the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report; xi. at least six months in advance of any new Affordable Housing Units being made available for rent to the general public, the Owner shall develop and implement a Tenant Access Plan to ensure units are rented to eligible households in consultation with, and to the satisfaction of the Executive Director, Housing Secretariat; xii. the new Affordable Housing Units shall be made ready and available for occupancy no later than the date by which 70 percent of the new dwelling units in the new building are available and ready for occupancy, or to the satisfaction of, the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat; xiii. the Owner shall provide all tenants of the affordable rental dwelling units with access to, and use of, all indoor and outdoor amenities in the building in which such tenant resides at no extra charge; access to, and use of, these amenities shall be provided on the same terms and conditions as any other resident of the building without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings; xiv. access to, and use of, these amenities shall be provided on the same terms and conditions as any other resident of the building in which the Affordable Housing Units are located, without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings; xv. the Owner shall provide all tenants of the Affordable Housing Units with laundry facilities on the same basis as other units within building in which the Affordable Housing Units are located at no extra charge; xvi. the Owner shall provide all tenants of the Affordable Housing Units with access to permanent and visitor bicycle parking/bicycle lockers on the same terms and conditions as any other resident of the building in which the Affordable Housing Units are located, and in accordance with the Zoning By-law; and xvii. prior to the issuance of the first building permit for a residential use on any part of the site, including permits for excavation and shoring, the Owner shall enter into a municipal housing facility agreement with the City (the "Contribution Agreement"), for the Affordable Housing Units that are approved for Open Door incentives, on terms satisfactory to the Executive Director, Housing Secretariat and in a form satisfactory to the City Solicitor. The Owner shall provide such Affordable Housing Units in accordance with such agreement(s). xviii. The Owner shall enter into an agreement of purchase and sale ("APS") for the conveyance of the Affordable Housing Units to the Provider and the City (with the City as a contingent transferee) at a discounted maximum total purchase price of $6,798,634 prior to the issuance of the first above grade building permit for the development, which APS shall be subject to the following terms: A. the APS shall be assignable by the City of Toronto to another non-profit Provider at the City of Toronto's sole discretion; and B. the City of Toronto shall not be liable to pay any deposit penalty, or liquidated damages to the Owner or the Provider in the event the City terminates the APS for any reason, including failure of the Provider to close on the transaction, a lack of funding to complete the transaction, or the City being unsuccessful in identifying an alternate Provider; xix. The Owner and the Provider will enter into a shared facilities agreement for 99 years, on the following terms: A. the shared facilities agreement will allocate costs proportionately based on each party's actual share of the shared facilities; B. the Owner shall discount 50% of the Provider's share of the shared facilities costs under the shared facilities agreement for 99 years; C. the Owner (including any condominium corporation or other assignee) shall not have the right to unilaterally amend the shared facilities agreement, nor shall the shared facilities agreement be amended to directly or indirectly increase the share of costs that the Provider is responsible for paying under the shared facilities agreement for the 99 year term; and D. the shared facilities agreement shall otherwise be on commercially reasonably terms. xx. if the Owner fails to enter into the APS as required or the conveyance of the Affordable Housing Units to the Provider does not close for any reason, the Owner shall provide and maintain the Affordable Housing Units in accordance with this Part 5. 6. City Council also direct that the following be secured in the Section 37 Agreement as matters of legal convenience to secure matters required to support the development: a) The Owner shall provide a minimum of 10 percent of all new units in the proposed development as three-bedroom units; b) The Owner shall provide a minimum of 25 percent of all new units in the proposed development as two-bedroom units; c) The Owner shall provide a privately owned publicly accessible open space ("POPS") of a minimum 140 square metres at the southeast corner of the site, whereby as a pre-approval condition to Site Plan Approval for the development, the Owner shall convey to the City, for nominal consideration, easement(s) along the surface of the lands, to the satisfaction of the City Solicitor, which shall constitute the POPS and any required public access easements to connect the POPS to adjacent POPS and/or public rights-of-way, where necessary; and the Owner shall own, operate, maintain and repair the POPS and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the POPS at all times of the day and night, 365 days of the year; and the specific location, configuration and design of the POPS shall be determined in the context of a site plan approval satisfactory to the Chief Planner and Executive Director, City Planning, pursuant to section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City; d) the Owner will construct and maintain the Development 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 Development Site; e) implementation of all recommended mitigation measures included in all reports, studies, and plans submitted by the Owner, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the appropriate City official; f) As part of the application for Site Plan Control, 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 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 by the General Manager, Transportation Services, in consultation with the Ward Councillor; g) Prior to the issuance of the first above grade building permit, the Owner shall provide an offsite parkland dedication within 500 m of the development site to the satisfaction of General Manager, Parks, Forestry and Recreation. If an appropriate site cannot be found, a cash-in lieu payment will be provided instead to the satisfaction of the General Manager, Parks, Forestry and Recreation. 7. City Council approve the Rental Housing Demolition application (21 138112 STE 09 RH) under Chapter 667 of the Toronto Municipal Code pursuant to section 111 of the City of Toronto Act, 2006 to permit the demolition of nine existing rental dwelling units at 316, 318, 320, 332 and 336 Campbell Avenue: a) The Owner shall provide and maintain nine replacement rental dwelling units for a period of at least 20 years beginning from the date that each replacement rental unit is first occupied. During such 20 year period, no replacement rental dwelling unit shall be registered as a condominium or any other form of ownership housing that provides a right to exclusive possession of a dwelling unit, including life-lease or co-ownership, and no application shall be made to demolish any replacement rental dwelling unit or convert any replacement rental unit to a non-residential rental purpose. The nine replacement rental dwelling units shall collectively have a total gross floor area of at least 456.2 square metres and be comprised of one studio unit, three one-bedroom units, and five two-bedroom units; b) The replacement rental units will be similar in size, by unit type, to the demolished rental units to the satisfaction of the Chief Planner and Executive Director, City Planning. The average replacement rental unit size, by unit type, shall be no less than 97% of the average demolished rental unit size, by unit type. Revised floor plans for the replacement units indicating the sizes, and location of the nine replacement rental units will be provided prior to the issuance of Notice of Approval Conditions for Site Plan Approval, to the satisfaction of the Chief Planner and Executive Director, City Planning; c) At least two of the rental replacement units will have a private outdoor balcony and/or patio; d) The Owner shall provide and maintain at least one one-bedroom unit and two two-bedroom units at no more than 60% of affordable rent, one studio unit and two one-bedroom units at no more than 90% of affordable rents, and three two-bedroom units at mid-range rents, as currently defined in the Toronto Official Plan, for a period of at least ten years beginning from the date of first occupancy of each unit. e) The Owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants, addressing the right to return to occupy one of the replacement rental dwelling units at similar rents, the provision of alternative accommodation at similar rents in the form of rent gap payments, and other assistance to mitigate hardship. The Tenant Relocation and Assistance Plan shall be developed in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning; f) The Owner shall provide tenants of all nine replacement rental dwelling units 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 separate entrances or the need to pre-book or pay a fee unless specifically required as a customary practice for private bookings; g) The Owner shall provide ensuite laundry in each replacement rental dwelling unit within the proposed development at no additional cost to tenants; h) The Owner shall provide central air conditioning in each replacement rental dwelling unit within the proposed development at no additional cost to tenants; i) The Owner shall provide and make available for rent a minimum of two vehicle parking spaces to tenants of the replacement rental dwelling units. The terms and conditions for renting parking spots to tenants of the replacement units shall be to the satisfaction of the Chief Planner and Executive Director, City Planning; j) The Owner shall provide tenants of the nine replacement rental dwelling units with access to all bicycle and visitor parking on the same terms and conditions as any other resident of the proposed development; k) The Owner shall provide four storage lockers to tenants of the replacement rental dwelling units. The terms and conditions for renting storage lockers to tenants of the replacement units shall be to the satisfaction of the Chief Planner and Executive Director, City Planning; l) The nine rental dwelling units required in recommendation 7a) above shall be made ready and available for occupancy no later than the date by which 70% of the new dwelling units in the proposed development, exclusive of the replacement rental units, are made available and ready for occupancy, subject to any revisions to the satisfaction of the Chief Planner and Executive Director, City Planning; and m) The Owner shall enter into, and register on title to the lands at 316-332 Campbell Avenue, one or more agreement(s) to secure the conditions outlined in recommendations 7a) through 7l) above, including an agreement pursuant to Section 111 of the City of Toronto Act, 2006, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning. 8. City Council authorize the Chief Planner and Executive Director, City Planning to issue Preliminary Approval of the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code pursuant to section 111 of the City of Toronto Act, 2006 for the demolition of nine rental dwelling units at 316, 318, 320, 332 and 336 Campbell Avenue after all the following have occurred: a) All conditions in Recommendation 7 above have been fully satisfied and secured; b) A tenant consultation meeting, led by City Staff, for eligible tenants has taken place; c) The Zoning By-law Amendment(s) have come into full force and effect; d) The issuance of the Notice of Approval Conditions for site plan approval by the Chief Planner and Executive Director, City Planning\or their designate, pursuant to Section 114 of the City of Toronto Act, 2006, or as otherwise authorized by the Chief Planner and Executive Director, City Planning; e) The issuance of excavation and shoring permits (conditional or full permit) for the approved development on the site; f) The Owner has confirmed, in writing, that all existing rental dwelling units proposed to be demolished are vacant; and g) The execution and registration of agreements pursuant to section 37 of the Planning Act and section 111 of the City of Toronto Act, 2006 securing recommendations 7a) through 7l) above and any other requirements of the Zoning-Bylaw Amendment. 9. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning Division has given Preliminary Approval referred to in Recommendation 8 above. 10. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Residential Demolition Permit under section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for 316-332 Campbell Avenue after the Chief Planner and Executive Director, City Planning has given the Preliminary Approval referred to in recommendation 8 above, which may be included in the Rental Housing Demolition Permit under Chapter 667 pursuant to section 6.2 of Chapter 363, on condition that: a) The Owner removes all debris and rubble from the site immediately after demolition; b) The Owner erects solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building; c) The Owner erects the proposed building no later than three years from the date on which the demolition of the existing rental dwelling units commences, subject to the timeframe being extended to the discretion of the Chief Planner and Executive Director, City Planning; and d) Should the Owner fail to complete the proposed development containing the nine replacement rental dwelling units within the time specified in recommendation 9 c) above, the City Clerk shall be entitled to enter on the collector's roll, as with municipal property taxes, an amount equal to the sum of $20,000.00 per dwelling unit for which a demolition permit is issued, and that such amount shall, until payment, be a lien or charge upon the land for which the Residential Demolition Permit is issued. 11. City Council authorize the Executive Director, Housing Secretariat, to negotiate and execute a municipal housing facility agreement (the "Contribution Agreement") with Campont Developments Limited (or a related corporation) and/or Community Affordable Housing Solutions (or a related corporation), or a non-profit housing provider approved by the Executive Director, Housing Secretariat, at their sole discretion (the "Provider"), for the provision of Open Door Incentives, for development of 21 Affordable Housing Units at 316-336 Campbell Avenue to secure the financial assistance being provided and set out the terms of the operation of the Affordable Housing Units, on terms and conditions acceptable to the Executive Director, Housing Secretariat, in a form satisfactory to the City Solicitor. 12. City Council approve the provision of financial incentives pursuant to the City's Open Door Affordable Housing Program in relation to the Affordable Housing Units as follows: a) City Council exempt the 21 affordable rental dwelling units at 316-336 Campbell Avenue from taxation for municipal and school purposes for the 99-year term of the municipal housing facility agreement; and b) City Council authorize the 21 new affordable rental dwelling units at 316-336 Campbell Avenue to be eligible for waivers of fees for planning applications, building permits and parkland dedication, and for development charges exemptions, unless already paid. 13. City Council authorize the Executive Director, Housing Secretariat, on behalf of the City, to execute any security or financing documents, or any other documents required to facilitate the delivery of the Affordable Housing Units, including any documents required by the Owner or the Provider to complete pre-development activities, construction and secure construction and conventional financing, where required, including any postponement, confirmation of status, discharge or consent documents where and when required during the term of the municipal housing facility 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 that have not been previously approved by Council. 14. City Council authorize the Controller to cancel or refund any taxes paid after the effective date of the exemption from taxation for municipal and school purposes, as set out in the Contribution Agreement. 15. City Council authorize the City to be a party to the agreements of purchase and sale contemplated to be entered into for the Affordable Housing Units as a contingent transferee, in order to ensure the benefit of the Affordable Housing Units is secured for the intended purposes until the transaction is complete. 16. City Council authorize the Executive Director, Housing Secretariat to execute the agreements of purchase and sale and any other documents required to complete the purchase of the Affordable Housing Units, including an assignment of the agreements of purchase and sale for the Affordable Housing Units to Solutions the Provider. 17. City Council authorize the Executive Director, Housing Secretariat to administer and manage the transaction relating to the Affordable Housing Units in consultation with the Executive Director, Corporate Real Estate Management, including the provision of any consents, approvals, waivers and notices, provided that they may, at any time, refer consideration of any such matters (including their content) to City Council for consideration and direction, all as may be required.
TE34.18adopted
390 to 440 Dufferin St and 41 Alma Avenue - City-Initiated Zoning Amendment - Final Report
This report recommends approval of the City-initiated application to amend the Section 37 Provisions set out in site-specific Zoning By-law 367-2019(OMB) for the property at 390 to 440 Dufferin Street and 41 Alma Avenue. The proposal would revise the terms of the previously secured obligation for the City and owner to enter into a lease for a small business incubation centre, to allow the City to elect not to enter into the lease and the owner to provide a cash payment towards local community benefits instead. This report further recommends that staff be authorized to acquire part of the subject lands from the 390 Dufferin GP Inc. in its capacity as general partner of 390 Dufferin Residences LP for the extension of the West Toronto Railpath in a fair market value exchange for balcony encroachments above a future public street, and recommends that a reduced annual licence fee be authorized for the owner's temporary use and maintenance of the future public street required to be conveyed by the owner to the City in advance of its dedication.
The Toronto and East York Community Council recommends that: 1. City Council amend former City of Toronto Zoning By-law 438-86, as amended by Zoning By-law 367-2019(OMB) for the lands at 390 to 440 Dufferin Street and 41 Alma Avenue substantially in accordance with the draft Zoning By-law Amendment forming Attachment 6 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District. 2. City Council authorize the City Solicitor to submit the necessary bill(s) to implement the foregoing recommendation 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. 3. City Council require the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act to further amend the existing Section 37 Agreement to provide for the City to be able to exercise an option to accept a cash payment of $2,416,451.00 for local community benefits in the vicinity of the subject site. 4. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required. 5. City Council authorize the City's acquisition of the parcel of land described in Attachment 2, (the "WTRP Requirement") to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District, from 390 Dufferin GP Inc. in its capacity as general partner of 390 Dufferin Residences LP (the "Owner"), in exchange for the notional market value of the stratified parcels described in Attachment 2 (the "Balcony Encroachments") to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District, to be retained by the Owner, all substantially on the terms and conditions set out in Attachment 2 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District, and including such other terms as deemed appropriate by the Executive Director, Corporate Real Estate Management or their designate, and in a form satisfactory to the City Solicitor. 6. City Council authorize the City to enter into a licence agreement with the Owner for the temporary use of the Future Road until dedicated a public highway, substantially on the terms set out in Attachment 4 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District and including such other terms as deemed appropriate by the Executive Director, Corporate Real Estate Management or their designate, and in a form satisfactory to the City Solicitor.
Staff recommendation as filed
1. City Council amend former City of Toronto Zoning By-law 438-86, as amended by Zoning By-law 367-2019(OMB) for the lands at 390 to 440 Dufferin Street and 41 Alma Avenue substantially in accordance with the draft Zoning By-law Amendment forming Attachment 6 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District. 2. City Council authorize the City Solicitor to submit the necessary bill(s) to implement the foregoing recommendation 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 Section 37 Agreement is executed and registered. 3. City Council require the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act to further amend the existing Section 37 Agreement to provide for the City to be able to exercise an option to accept a cash payment of $2,416,451.00 for local community benefits in the vicinity of the subject site. 4. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required. 5. City Council authorize the City's acquisition of the parcel of land described in Attachment 2 (the "WTRP Requirement") from 390 Dufferin GP Inc. in its capacity as general partner of 390 Dufferin Residences LP (the "Owner"), in exchange for the notional market value of the stratified parcels described in Attachment 2 (the "Balcony Encroachments") to be retained by the Owner, all substantially on the terms and conditions set out in Attachment 2, and including such other terms as deemed appropriate by the Executive Director, Corporate Real Estate Management or their designate, and in a form satisfactory to the City Solicitor. 6. City Council authorize the City to enter into a licence agreement with the Owner for the temporary use of the Future Road until dedicated a public highway, substantially on the terms set out in Attachment 4 and including such other terms as deemed appropriate by the Executive Director, Corporate Real Estate Management or their designate, and in a form satisfactory to the City Solicitor.
TE34.19adopted
640 Lansdowne Avenue - Zoning By-law Amendment Application - Final Report
This report reviews and recommends approval of the application to amend the Zoning By-law to permit a seven-storey mixed-use building at 640 Lansdowne Avenue. The building is proposed to contain 256 long-term care beds, 57 affordable rental dwelling units, and non-residential space on the ground floor fronting Lansdowne Avenue. This project meets the City's objective of increasing new affordable housing opportunities for seniors, including those with mental and physical disabilities, and by providing safe, secure and affordable housing for a range of people in Toronto.
The Toronto and East York Community Council recommends that: 1. City Council amend Zoning By-law 569-2013 for the lands at 640 Lansdowne Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District. 2. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council amend Zoning By-law 569-2013 for the lands at 640 Lansdowne Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District. 2. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.
TE34.20amended
14 Duncan Street, 180, 184 and 188 Pearl Street - Zoning Amendment Application - Final Report
This report reviews and recommends approval of the application to amend the Zoning By-law to permit a 48-storey mixed-use building at 14 Duncan Street and 180 to 188 Pearl Street. The application proposes to integrate existing heritage buildings on site into a new base building containing 6,041 square metres of office space and 564 square metres of retail space, with a new tower above with 369 dwelling units. A total of 410 bicycle parking spaces are proposed, as well as 126 vehicle parking spaces in a four-level underground garage, and two loading spaces at-grade. The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) and the City of Toronto Official Plan.
The Toronto and East York Community Council recommends that: 1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 14 Duncan Street and 180 to 188 Pearl Street substantially in accordance with the draft Zoning By-law Amendment included as Attachment 11 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District. 2. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required. 3. City Council authorize the City Solicitor to submit the necessary bill to implement the foregoing recommendations 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 and the Heritage Easement Agreement are executed and registered. 4. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act, securing the following community benefits: a. Prior to the issuance of the first above-grade building permit, the owner shall make a cash contribution in the amount of two million, eight hundred thousand ($2,800,000.00) to be directed towards the provision of Community Services and Facilities within or serving Ward 10, which may include such facilities identified through the Downtown West Services and Facilities Review, and/or towards above-base streetscape improvements to Duncan Street and/or Pearl Street, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; b. Prior to the issuance of the first above-grade building permit, the owner shall make a cash contribution of seven hundred thousand ($700,000.00) dollars to be allocated towards the provision of new affordable housing and/or the Toronto Community Housing Corporation revolving capital fund for repairs to Toronto Community Housing Corporation housing in Ward 10, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor c. The financial contribution pursuant to Recommendation 4.a. and 4.b. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date City Council adopts the zoning by-law amendment(s) to the date of payment; and d. in the event the cash contributions referred to in Recommendations 4 a. and 4 b. above has not been used for the intended purpose within three (3) years of the amending zoning by-law coming force and effect, the cash contributions 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 that the purpose is identified in the Toronto Official Plan and will benefit the community in Ward 10. 5. City Council direct that the following matters also be secured in the Section 37 Agreement as a legal convenience in support of the development: a. Prior to the commencement of any excavation or shoring work, the owner shall submit a Construction Management Plan to the satisfaction of the General Manager, Transportation Services and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor and thereafter in support of the development, will implement the Plan during the course of construction. 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 access 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 by the General Manager, Transportation Services, in consultation with the Ward Councillor. b. Prior to the earlier of Site Plan Approval or the first building permit for shoring and excavation, the owner shall submit the following materials for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services: i. Updated Functional Servicing Report; ii. Updated Hydrogeological Assessment Report; iii. Servicing Report Groundwater Summary Form; and iv. Hydrogeological Review Summary Form. c. Prior to the earlier of Site Plan Approval or the first building permit for shoring and excavation, the owner shall submit an application to Toronto Water, Environmental Monitoring and Protection Unit and obtain discharge approval under MCC 681-6. d. Prior to the earlier of Site Plan Approval or the first building permit for shoring and excavation, the owner shall pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing and Stormwater Management Report, to be resubmitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development. e. The owner shall 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, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the site. 6. City Council declare, pursuant to subsection 45(1.4) of the Planning Act, R.S.O. 1990, c. P.13 for the purposes of subsection 45(1.3) of the Planning Act, R.S.O. 1990, c. P.13, that the owner, may be permitted to apply to amend the site specific zoning by-law for the lands at 14 Duncan Street and 180 to 188 Pearl Street before the second anniversary of the first day on which any part of the site specific by-law comes into effect.
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 14 Duncan Street and 180 to 188 Pearl Street substantially in accordance with the draft Zoning By-law Amendment included as Attachment No. 11 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District. 2. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required. 3. City Council authorize the City Solicitor to submit the necessary bill to implement the foregoing recommendations 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 Section 37 Agreement and the Heritage Easement Agreement are executed and registered. 4. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act, securing the following community benefits: a. Prior to the issuance of the first above-grade building permit, the owner shall make a cash contribution in the amount of two million, eight hundred thousand ($2,800,000.00) to be directed towards the provision of Community Services and Facilities within or serving Ward 10, which may include such facilities identified through the Downtown West Services and Facilities Review, and/or towards above-base streetscape improvements to Duncan Street and/or Pearl Street, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; b. Prior to the issuance of the first above-grade building permit, the owner shall make a cash contribution of seven hundred thousand ($700,000.00) dollars to be allocated towards the provision of new affordable housing and/or the Toronto Community Housing Corporation revolving capital fund for repairs to Toronto Community Housing Corporation housing in Ward 10, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor c. the amounts above will be indexed upwardly in accordance with Statistics Canada Non-Residential Building Construction Price Index for the Toronto Census Metropolitan Area, reported by Statistics Canada in the Building Construction Price Indexes Table: 18-10-0135-01, or its successor, calculated from the date of the execution of the Section 37 Agreement to the date the payment is made; and d. in the event the cash contributions referred to in Recommendations 4 a) and 4 b) above has not been used for the intended purpose within three (3) years of the amending zoning by-law coming force and effect, the cash contributions 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 that the purpose is identified in the Toronto Official Plan and will benefit the community in Ward 10. 5. City Council direct that the following matters also be secured in the Section 37 Agreement as a legal convenience in support of the development: a. Prior to the commencement of any excavation or shoring work, the owner shall submit a Construction Management Plan to the satisfaction of the General Manager, Transportation Services and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor and thereafter in support of the development, will implement the Plan during the course of construction. 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 access 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 by the General Manager, Transportation Services, in consultation with the Ward Councillor. b. Prior to the earlier of Site Plan Approval or the first building permit for shoring and excavation, the owner shall submit the following materials for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services: i. Updated Functional Servicing Report; ii. Updated Hydrogeological Assessment Report; iii. Servicing Report Groundwater Summary Form; and iv. Hydrogeological Review Summary Form. c. Prior to the earlier of Site Plan Approval or the first building permit for shoring and excavation, the owner shall submit an application to Toronto Water, Environmental Monitoring and Protection Unit and obtain discharge approval under MCC 681-6. d. Prior to the earlier of Site Plan Approval or the first building permit for shoring and excavation, the owner shall pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing and Stormwater Management Report, to be resubmitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development. e. The owner shall 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, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the site. 6. City Council declare, pursuant to subsection 45(1.4) of the Planning Act, R.S.O. 1990, c. P.13 for the purposes of subsection 45(1.3) of the Planning Act, R.S.O. 1990, c. P.13, that the owner, may be permitted to apply to amend the site specific zoning by-law for the lands at 14 Duncan Street and 180 to 188 Pearl Street before the second anniversary of the first day on which any part of the site specific by-law comes into effect.
TE34.21amended
This report reviews and recommends approval of the Zoning By-law Amendment and Rental Housing Demolition applications. This application is a further modification of a proposal adopted by City Council at its meeting of October 2, 2019, Agenda Item TE8.10, Revised Final Report for Zoning By-law Amendment and Rental Housing Demolition applications. That proposal was to permit a 10-storey (49 metre, including mechanical penthouse) commercial office building with 22,712 square metres of commercial office space, on-site replacement of 42 existing live-work rental dwelling units, and retention of the three-storey heritage building on the northeast corner of the site. The revised application now proposes an 11-storey (49.9 metres including mechanical penthouse) commercial office building with 24,290 square metres of non-residential uses, 20 on-site replacement live-work units, 30 off-site replacement rental dwelling units and the retention of the three-storey heritage building at 58 Atlantic Avenue. Two levels of underground parking are proposed with 96 vehicle parking spaces and a total of 148 bicycle parking spaces.
The Toronto and East York Community Council recommends that: 1. City Council rescind its previous decisions on Item 2018 TE32.3 and Item 2019.TE8.10. 2. City Council amend Zoning By-law 438-86, for the lands at 25 and 35 Liberty Street, 58 Atlantic Avenue and 51, 61, and 65 Jefferson Avenue, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District. 3. City Council authorizes the City Solicitor to submit the necessary bills to implement the foregoing recommendations 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 Section 111 Agreement and Section 37 Agreement, and any other necessary agreements, including agreements securing off-site replacement rental dwelling unit requirements, are executed and registered. 4. Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required. 5. Prior to introducing the necessary Bills to City Council for enactment of the Zoning By-law Amendment, City Council require the owner to: a. Enter into a Heritage Easement Agreement with the City for the property at 58 Atlantic Avenue to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning and the City Solicitor, and in accordance with the recommendations of April 6, 2018 Staff Report (2018.TE32.4) to the Toronto Preservation Board from the Senior Manager, Heritage Planning, Urban Design, City Planning including registration of such agreement to the satisfaction of the City Solicitor. 6. City Council approve the modified Rental Housing Demolition Application File No. 15 130397 STE 14 RH in accordance with Chapter 667 of the Toronto Municipal Code and pursuant to Section 111 of the City of Toronto Act, 2006 which allows for the demolition of forty-two (42) existing live-work rental dwelling units located at 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61 and 65 Jefferson Avenue, subject to the following conditions: a. Not less than twenty (20) replacement live-work rental dwelling units shall be provided and maintained on the subject site for a period of at least 20 years beginning from the date that each replacement live-work rental dwelling unit is first occupied and, during which time, no application may be submitted to the City for condominium registration, or for any other conversion to a non-rental housing purpose, or for demolition without providing for replacement during the, at minimum, 20 year period; the twenty (20) replacement live-work rental dwelling units shall be comprised of five (5) studio units, fourteen (14) one-bedroom units, and one (1) two-bedroom unit, as generally illustrated in the plans submitted to the City Planning Division dated May 13, 2022. Any revision to these plans, including the number of units and unit mix, shall be to the satisfaction of the Chief Planner and Executive Director, City Planning; b. Not less than thirty (30) off-site replacement rental dwelling units shall be provided and maintained at 11 and 25 Ordnance Street for a period of at least 20 years beginning from the date that each replacement rental dwelling unit is first occupied and, during which time, no application may be submitted to the City for condominium registration, or for any other conversion to a non-rental housing purpose, or for demolition without providing for replacement during the, at minimum, 20 year period; the thirty (30) replacement rental dwelling units shall be comprised of twenty-nine (29) one-bedroom units and one (1) two-bedroom unit as generally illustrated in the plans submitted to the City Planning Division dated June 13, 2022. Any revision to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning; c. The owner shall, as part of the fifty (50) replacement rental dwelling units required in Recommendations 6.a. and 6.b. above, provide on-site at 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61 and 65 Jefferson Avenue, at least one (1) studio and three (3) one-bedroom replacement live-work rental dwelling units at affordable rent, as currently defined in the City's Official Plan, and three (3) studio, eleven (11) one-bedroom, and one (1) two-bedroom replacement live-work rental dwelling units at mid-range rents, as currently defined in the City's Official Plan, all for a period of at least 10 years beginning from the date of first occupancy of each unit. The rents of the remaining one (1) replacement live-work rental dwelling unit on-site at 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61 and 65 Jefferson Avenue and thirty (30) off-site replacement rental dwelling units at 11 and 25 Ordnance shall be unrestricted subject to recommendation 6.d. below; d. The owner shall provide an acceptable tenant relocation and assistance plan for all Eligible Tenants of the forty-two (42) existing live-work rental dwelling units proposed to be demolished at 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61 and 65 Jefferson Avenue, addressing the right to return to occupy one of the replacement live-work rental dwelling units on the subject site at similar rents and other assistance to mitigate hardship. The tenant relocation and assistance plan shall be developed in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning; e. The owner shall provide the right to return to occupy one of the replacement live-work rental dwelling units on the subject site at similar rents to all Other Eligible Tenants, all to the satisfaction of the Chief Planner and Executive Director, City Planning; f. The owner shall provide tenants of all twenty (20) replacement rental dwelling units located on-site with access to, and use of, all residential indoor and outdoor amenities in the proposed building at no extra charge. Access to, and use of, these amenities shall be provided without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings, all to the satisfaction of the Chief Planner and Executive Director, City Planning; g. Tenants of all thirty (30) off-site replacement rental dwelling units located at 11 and 25 Ordnance Street shall have access to, and use of, all residential indoor and outdoor amenities in the 39-storey mixed-use building at no extra charge. Access to, and use of, these amenities shall be on the same terms and conditions as any other resident of the building without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings; h. Central air conditioning and ensuite laundry shall be provided in each replacement rental dwelling unit within the mixed-use building at 11 and 25 Ordnance Street at no additional cost to tenants; i. Tenants of the thirty (30) replacement rental dwelling units at 11 and 25 Ordnance Street shall have with access to all bicycle and visitor parking on the same terms and conditions as any other resident of the proposed mixed-use building; j. The owner shall provide central air conditioning and ensuite laundry in each on-site replacement live-work rental dwelling unit within the proposed commercial office building on-site at no additional cost to tenants; k. The owner shall provide and make available for rent at least nine (9) vehicle parking spaces to tenants of the replacement rental dwelling units on-site. Such parking spaces shall be made available firstly to returning tenants who previously rented a vehicle parking space, secondly to returning tenants who did not previously rent a vehicle parking space, and thirdly to new tenants of the on-site replacement live-work rental dwelling units; l. The owner shall provide tenants of the twenty (20) replacement live-work rental dwelling units on-site with access to all resident bicycle and visitor parking spaces in the proposed commercial office building at no additional cost to tenants; m. The owner shall provide at least ten (10) storage lockers to tenants of the replacement live-work rental dwelling units within the proposed commercial office building; and n. The owner of 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61 and 65 Jefferson Avenue shall enter into and register on title, one or more agreement(s), to secure the conditions outlined in Recommendations 6.a. through 6.m. above, including an agreement pursuant to Section 111 of the City of Toronto Act, 2006 on the development lands, and the off-site replacement rental dwelling units contemplated in Recommendations 6.b. and 6.g., h. and i. shall be secured by one or more agreement(s) registered on title to the 10 and 25 Ordnance Street lands, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning. 7. City Council authorize the Chief Planner and Executive Director, City Planning, to issue Preliminary Approval of the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code for the demolition of the forty-two (42) existing live-work rental dwelling units located at 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61 and 65 Jefferson Avenue after all the following have occurred: a. All conditions in Recommendation 6 above have been fully satisfied and/or secured; b. The Zoning By-law Amendment has come into full force and effect; c. The issuance of the Notice of Approval Conditions for Site Plan Approval by the Chief Planner and Executive Director, City Planning or their designate, pursuant to Section 114 of the City of Toronto Act, 2006; d. The issuance of excavation and shoring permits (conditional or full permit) for the approved development on the site; e. The owner has confirmed, in writing, that all existing live-work rental dwelling units proposed to be demolished are vacant; f. The execution and registration of an agreement pursuant to Section 111 of the City of Toronto Act, 2006; and g. The execution and registration of agreements pursuant to Section 37 of the Planning Act securing Recommendations 6.a. through 6.n. above and Recommendations 10.d.iv. and v. below, including an agreement securing the off-site replacement rental dwelling unit requirements at 11 and 25 Ordnance Street, and any other requirements of the Zoning-Bylaw Amendment. 8. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning has given Preliminary Approval referred to in Recommendation 7 above. 9. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Residential Demolition Permit under Section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61 and 65 Jefferson Avenue after the Chief Planner and Executive Director, City Planning has given Preliminary Approval referred to in Recommendation 7 above, which may be included in the Rental Housing Demolition Permit under Chapter 667 pursuant to section 6.2 of Chapter 363, on condition that: a. The owner removes all debris and rubble from the site immediately after demolition; b. The owner erects solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building; c. The owner erects the proposed building and on-site replacement live-work rental dwelling units no later than five (5) years from the date that the demolition of the buildings commences, subject to the timeframe being extended to the discretion of the Chief Planner and Executive Director, City Planning; and d. Should the owner fail to complete the proposed building and on-site replacement live-work rental dwelling units within the time specified in Recommendation 9.c. above, the City Clerk shall be entitled to enter on the collector's roll, as with municipal property taxes, an amount equal to the sum of twenty thousand dollars ($20,000.00) per dwelling unit for which a demolition permit is issued, and that such amount shall, until payment, be a lien or charge upon the land for which the demolition permit is issued. 10. City Council require the owner to enter into an Agreement, pursuant to Section 37 of the Planning Act, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, together with satisfactory provisions in the Zoning By-law Amendment, to secure the following, at the owner's expense, in connection with 25 and 35 Liberty Street, 58 Atlantic Avenue and 51, 61 and 65 Jefferson Avenue, with such agreement to be registered to the satisfaction of the City Solicitor: a. prior to the issuance of an above-grade building permit, the owner shall make a cash contribution payable to the Treasurer, City of Toronto in the amount of $2,750,000.00 dollars, for the provision of affordable rental housing within Ward 10 within the vicinity of the site, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; b. The financial contribution pursuant to Recommendation 10.a. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date City Council adopts the zoning by-law amendment(s) to the date of payment; c. In the event the cash contributions referred to in Recommendation 10.a. above has not been used for the intended purpose within three (3) years of the Zoning By-law Amendment 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 that the purpose is identified in the Toronto Official Plan and will benefit the community in Ward 10; d. The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support the development: i. Prior to final Site Plan Approval relating to the proposed Zoning By-law Amendment for the property located 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61, and 65 Jefferson Avenue, the owner shall: A. provide final site plan drawings substantially in accordance with the approved Conservation Plan dated May 5, 2022 by ERA Architects Inc., to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning; B. have obtained final approval for the necessary Zoning By-law Amendment required for the development lands and such amendment shall have come into full force and effect; C. provide a Heritage Lighting Plan that describes how the exterior of the heritage property will be sensitively illuminated to enhance its heritage character, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning D. provide an Interpretation Plan for the heritage property, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning; and E. submit a Signage Plan to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning; ii. Prior to the issuance of any permit for all or any part of the property at 58 Atlantic Avenue, including a heritage permit or a building permit but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Planning, Urban Design, City Planning, the owner shall: A. have obtained final approval for the necessary Zoning By-law Amendment required for the alterations to the property at 58 Atlantic Avenue, such Amendment to have come into full force and effect in a form and with content acceptable to City Council, as determined by the Chief Planner and Executive Director, City Planning, in consultation with the Senior Manager, Heritage Planning, Urban Design, City Planning; B. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan dated May 5, 2022 by ERA Architects Inc., including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning; C. provide a Letter of Credit, including provision for upwards indexing, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Planning, Urban Design, City Planning, to secure all work included in the approved Conservation Plan, Lighting Plan, and Interpretation Plan; and D. prior to release of the required Letter of Credit, the owner shall retain a qualified heritage consultant, confirming that the required conservation work and the required interpretive work has been completed in accordance with the approved Conservation Plan, approved Lighting Plan, approved Interpretation Plan and approved Signage Plan, and that an appropriate standard of conservation has been achieved, all to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning and shall provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning; iii. Provisions incorporating the requirements set out in Recommendations 6.a. through 6.m. above; iv. Prior to execution of an agreement pursuant to Section 111 of the City of Toronto Act, 2006 relating to the development lands, the owner shall: A. engage a professional building measurement company or architect to re-measure and provide as-built floor plans for the thirteen (13) existing live-work rental dwelling units occupied or formerly occupied by Eligible Tenants to confirm the existing unit sizes, ceiling heights and unit types (number of bedrooms and dens), in accordance with the Ontario Building Code and Tarion Bulletin 22 and to the satisfaction of the Chief Planner and Executive Director, City Planning; and B. reconfigure the Replacement Live-Work Rental Dwelling Unit Floor Plans for the 20 proposed on-site replacement live-work rental dwelling units to ensure that each Eligible Tenant's existing live-work rental dwelling unit is replaced with a replacement live-work rental dwelling unit of the same unit type, including dens, and within at least five (5%) per cent of the existing gross floor area of the unit, all to the satisfaction of the Chief Planner and Executive Director, City Planning; v. Prior to issuance of the Notice of Approval Conditions for Site Plan Approval by the Chief Planner and Executive Director, City Planning or their designate, pursuant to Section 114 of the City of Toronto Act, 2006 for the property located 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61, and 65 Jefferson Avenue, the owner shall consult with Eligible Tenants on the floor layouts of the on-site replacement live-work rental dwelling units and the programming of on-site residential amenity spaces; vi. Prior to the earlier of Site Plan Approval and issuance of the first building, permit, including a permit for shoring and excavation, the owner shall submit the following materials for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services: A. updated revised Functional Servicing and Stormwater Management Report; B. updated Geotechnical Report; C. updated Hydrogeological Report; D. Servicing Report Groundwater Summary Form; and E. Hydrogeological Review Summary Form. vii. Prior to the earlier of Site Plan Approval and the first building permit, including a permit for shoring and excavation, the owner shall make arrangements satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, including entering into a financially secured agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to support the development, according to an accepted Functional Servicing and Stormwater Management Report. viii. Prior to the earlier of Site Plan Approval and issuance of the first building permit, including a permit for shoring and excavation, the owner shall submit a revised Transportation Impact Assessment Update for review and acceptance to the satisfaction of the General Manager, Transportation Service. The updated information must include, but not limited to, the following items: A. a Transportation Demand Management (TDM) plan; and B. a Vision Zero Implementation Plan; ix. Prior to the earlier of Site Plan Approval and issuance of the first building permit, including a permit for shoring and excavation, the owner shall provide financial contributions (overall amount to be determined) in connection with the implementation of the Transportation Demand Management (TDM) plan and Vision Zero improvements, as determined to be required to support this development, to the satisfaction of the General Manager, Transportation Services; x. Prior to the earlier of Site Plan Approval and issuance of the first building permit for shoring and excavation, the owner shall submit plans and drawings with the design and construction of public realm improvements on Liberty Street, Jefferson Avenue and Atlantic Avenue, to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services; xi. Prior to the earlier of Site Plan Approval and issuance of the first building permit, including a permit for shoring and excavation, the owner shall submit a Construction Management Plan for the development lands, to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor, prior to the issuance of any permit, including a heritage permit or a building permit, and including conditional permits, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Planning, Urban Design, City Planning, and thereafter shall implement the plan during the course of construction; xii. Prior to the earlier of Site Plan Approval and issuance of the first building permit, including a permit for shoring and excavation, the owner shall submit plans and drawings detailing any wind mitigation measures as determined through a wind tunnel analysis undertaken, to the satisfaction of the Chief Planner and Executive Director, City Planning; xiii. 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. 11. City Council authorize the City entering into such agreements, including an amendment to the Section 37 Agreement for 11 and 25 Ordnance Street, to secure the off-site replacement of the rental units to be demolished on the development lands at 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61, and 65 Jefferson Avenue, and the conditions as set out in Recommendations 6.b. and 6.g. to i. above, all to the satisfaction of the Chief Planner and Executive Director, City Planning and City Solicitor as required in Recommendation 6. n. above, with such agreement to be registered to the satisfaction of the City Solicitor prior to the issuance of any permit for all or any part of the development lands, including a heritage permit or a building permit, but excluding permits for such repairs and maintenance and usual and minor works for the existing heritage buildings as are acceptable to the Senior Manager, Heritage Planning, Urban Design, City Planning. 12. City Council authorize the appropriate City officials to take such actions as are necessary to implement City Council's decision, including execution of the Section 111 Agreement, Section 37 Agreement, and any other necessary agreement(s). 13. City Council declare, pursuant to subsection 45(1.4) of the Planning Act, R.S.O. 1990, c. P.13 for the purposes of subsection 45(1.3) of the Planning Act, R.S.O. 1990, c. P.13, that the owner, may be permitted to apply to amend the site specific zoning by-law for the lands at 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61, and 65 Jefferson Avenue before the second anniversary of the first day on which any part of the site specific by-law comes into effect.
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council rescind its previous decisions on Item 2018 TE32.3 and Item 2019.TE8.10. 2. City Council amend Zoning By-law 438-86, for the lands at 25 and 35 Liberty Street, 58 Atlantic Avenue and 51, 61, and 65 Jefferson Avenue, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment #5 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District. 3. City Council authorizes the City Solicitor to submit the necessary bills to implement the foregoing recommendations 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 Section 111 Agreement and Section 37 Agreement, and any other necessary agreements, including agreements securing off-site replacement rental dwelling unit requirements, are executed and registered. 4. Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required. 5. Prior to introducing the necessary Bills to City Council for enactment of the Zoning By-law Amendment, City Council require the owner to: a. Enter into a Heritage Easement Agreement with the City for the property at 58 Atlantic Avenue to the satisfaction of the Senior Manager, Heritage Planning, City Planning and the City Solicitor, and in accordance with the recommendations of April 6, 2018 Staff Report (2018.TE32.4) to the Toronto Preservation Board from the Senior Manager, Heritage Planning including registration of such agreement to the satisfaction of the City Solicitor. 6. City Council approve the modified Rental Housing Demolition Application File No. 15 130397 STE 14 RH in accordance with Chapter 667 of the Toronto Municipal Code and pursuant to Section 111 of the City of Toronto Act, 2006 which allows for the demolition of forty-two (42) existing live-work rental dwelling units located at 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61 and 65 Jefferson Avenue, subject to the following conditions: a. Not less than twenty (20) replacement live-work rental dwelling units shall be provided and maintained on the subject site for a period of at least 20 years beginning from the date that each replacement live-work rental dwelling unit is first occupied and, during which time, no application may be submitted to the City for condominium registration, or for any other conversion to a non-rental housing purpose, or for demolition without providing for replacement during the, at minimum, 20 year period; the twenty (20) replacement live-work rental dwelling units shall be comprised of five (5) studio units, fourteen (14) one-bedroom units, and one (1) two-bedroom unit, as generally illustrated in the plans submitted to the City Planning Division dated May 13, 2022. Any revision to these plans, including the number of units and unit mix, shall be to the satisfaction of the Chief Planner and Executive Director, City Planning; b. Not less than thirty (30) off-site replacement rental dwelling units shall be provided and maintained at 11 and 25 Ordnance Street for a period of at least 20 years beginning from the date that each replacement rental dwelling unit is first occupied and, during which time, no application may be submitted to the City for condominium registration, or for any other conversion to a non-rental housing purpose, or for demolition without providing for replacement during the, at minimum, 20 year period; the thirty (30) replacement rental dwelling units shall be comprised of twenty-nine (29) one-bedroom units and one (1) two-bedroom unit as generally illustrated in the plans submitted to the City Planning Division dated June 13, 2022. Any revision to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning; c. The owner shall, as part of the fifty (50) replacement rental dwelling units required in Recommendations 6.a) and 6.b) above, provide on-site at 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61 and 65 Jefferson Avenue, at least one (1) studio and three (3) one-bedroom replacement live-work rental dwelling units at affordable rent, as currently defined in the City's Official Plan, and three (3) studio, eleven (11) one-bedroom, and one (1) two-bedroom replacement live-work rental dwelling units at mid-range rents, as currently defined in the City's Official Plan, all for a period of at least 10 years beginning from the date of first occupancy of each unit. The rents of the remaining one (1) replacement live-work rental dwelling unit on-site at 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61 and 65 Jefferson Avenue and thirty (30) off-site replacement rental dwelling units at 11 and 25 Ordnance shall be unrestricted subject to recommendation 6.d. below; d. The owner shall provide an acceptable tenant relocation and assistance plan for all Eligible Tenants of the forty-two (42) existing live-work rental dwelling units proposed to be demolished at 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61 and 65 Jefferson Avenue, addressing the right to return to occupy one of the replacement live-work rental dwelling units on the subject site at similar rents and other assistance to mitigate hardship. The tenant relocation and assistance plan shall be developed in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning; e. The owner shall provide the right to return to occupy one of the replacement live-work rental dwelling units on the subject site at similar rents to all Other Eligible Tenants, all to the satisfaction of the Chief Planner and Executive Director, City Planning; f. The owner shall provide tenants of all twenty (20) replacement rental dwelling units located on-site with access to, and use of, all residential indoor and outdoor amenities in the proposed building at no extra charge. Access to, and use of, these amenities shall be provided without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings, all to the satisfaction of the Chief Planner and Executive Director, City Planning Division; g. Tenants of all thirty (30) off-site replacement rental dwelling units located at 11 and 25 Ordnance Street shall have access to, and use of, all residential indoor and outdoor amenities in the 39-storey mixed-use building at no extra charge. Access to, and use of, these amenities shall be on the same terms and conditions as any other resident of the building without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings; h. Central air conditioning and ensuite laundry shall be provided in each replacement rental dwelling unit within the mixed-use building at 11 and 25 Ordnance Street at no additional cost to tenants; i. Tenants of the thirty (30) replacement rental dwelling units at 11 and 25 Ordnance Street shall have with access to all bicycle and visitor parking on the same terms and conditions as any other resident of the proposed mixed-use building; j. The owner shall provide central air conditioning and ensuite laundry in each on-site replacement live-work rental dwelling unit within the proposed commercial office building on-site at no additional cost to tenants; k. The owner shall provide and make available for rent at least nine (9) vehicle parking spaces to tenants of the replacement rental dwelling units on-site. Such parking spaces shall be made available firstly to returning tenants who previously rented a vehicle parking space, secondly to returning tenants who did not previously rent a vehicle parking space, and thirdly to new tenants of the on-site replacement live-work rental dwelling units; l. The owner shall provide tenants of the twenty (20) replacement live-work rental dwelling units on-site with access to all resident bicycle and visitor parking spaces in the proposed commercial office building at no additional cost to tenants; m. The owner shall provide at least ten (10) storage lockers to tenants of the replacement live-work rental dwelling units within the proposed commercial office building; and n. The owner of 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61 and 65 Jefferson Avenue shall enter into and register on title, one or more agreement(s), to secure the conditions outlined in Recommendations 6.a) through 6.m) above, including an agreement pursuant to Section 111 of the City of Toronto Act, 2006 on the development lands, and the off-site replacement rental dwelling units contemplated in Recommendations 6 .b) and 6. g) h) and i) shall be secured by one or more agreement(s) registered on title to the 10 and 25 Ordnance Street lands, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning. 7. City Council authorize the Chief Planner and Executive Director, City Planning, to issue Preliminary Approval of the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code for the demolition of the forty-two (42) existing live-work rental dwelling units located at 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61 and 65 Jefferson Avenue after all the following have occurred: a. All conditions in Recommendation 6 above have been fully satisfied and/or secured; b. The Zoning By-law Amendment has come into full force and effect; c. The issuance of the Notice of Approval Conditions for Site Plan Approval by the Chief Planner and Executive Director, City Planning or their designate, pursuant to Section 114 of the City of Toronto Act, 2006; d. The issuance of excavation and shoring permits (conditional or full permit) for the approved development on the site; e. The owner has confirmed, in writing, that all existing live-work rental dwelling units proposed to be demolished are vacant; f. The execution and registration of an agreement pursuant to Section 111 of the City of Toronto Act, 2006; and g. The execution and registration of agreements pursuant to Section 37 of the Planning Act securing Recommendations 6.a) through 6.n) above and Recommendations 10. d) iv. and v. below, including an agreement securing the off-site replacement rental dwelling unit requirements at 11 and 25 Ordnance Street, and any other requirements of the Zoning-Bylaw Amendment. 8. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning has given Preliminary Approval referred to in Recommendation 7 above. 9. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Residential Demolition Permit under Section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61 and 65 Jefferson Avenue after the Chief Planner and Executive Director, City Planning has given Preliminary Approval referred to in Recommendation 7 above, which may be included in the Rental Housing Demolition Permit under Chapter 667 pursuant to section 6.2 of Chapter 363, on condition that: a. The owner removes all debris and rubble from the site immediately after demolition; b. The owner erects solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building; c. The owner erects the proposed building and on-site replacement live-work rental dwelling units no later than five (5) years from the date that the demolition of the buildings commences, subject to the timeframe being extended to the discretion of the Chief Planner and Executive Director, City Planning; and d. Should the owner fail to complete the proposed building and on-site replacement live-work rental dwelling units within the time specified in Recommendation 9.c) above, the City Clerk shall be entitled to enter on the collector's roll, as with municipal property taxes, an amount equal to the sum of twenty thousand dollars ($20,000.00) per dwelling unit for which a demolition permit is issued, and that such amount shall, until payment, be a lien or charge upon the land for which the demolition permit is issued. 10. City Council require the owner to enter into an Agreement, pursuant to Section 37 of the Planning Act, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, together with satisfactory provisions in the Zoning By-law Amendment, to secure the following, at the owner's expense, in connection with 25 and 35 Liberty Street, 58 Atlantic Avenue and 51, 61 and 65 Jefferson Avenue, with such agreement to be registered to the satisfaction of the City Solicitor: a. prior to the issuance of an above-grade building permit, the owner shall make a cash contribution payable to the Treasurer, City of Toronto in the amount of $2,750,000.00 dollars, for the provision of affordable rental housing within Ward 10 within the vicinity of the site, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor. b. The cash contribution referred to in Recommendation 10.a) 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. In the event the cash contributions referred to in Recommendation 10.a) above has not been used for the intended purpose within three (3) years of the Zoning By-law Amendment 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 that the purpose is identified in the Toronto Official Plan and will benefit the community in Ward 10; d. The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support the development: i. Prior to final Site Plan Approval relating to the proposed Zoning By-law Amendment for the property located 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61, and 65 Jefferson Avenue, the owner shall: A. provide final site plan drawings substantially in accordance with the approved Conservation Plan dated May 5, 2022 by ERA Architects Inc., to the satisfaction of the Senior Manager, Heritage Planning; B. have obtained final approval for the necessary Zoning By-law Amendment required for the development lands and such amendment shall have come into full force and effect; C. provide a Heritage Lighting Plan that describes how the exterior of the heritage property will be sensitively illuminated to enhance its heritage character, to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning; D. provide an Interpretation Plan for the heritage property, to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning; and E. submit a Signage Plan to the satisfaction of the Senior Manager, Heritage Planning; ii. Prior to the issuance of any permit for all or any part of the property at 58 Atlantic Avenue, including a heritage permit or a building permit but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Planning, the owner shall: A. have obtained final approval for the necessary Zoning By-law Amendment required for the alterations to the property at 58 Atlantic Avenue, such Amendment to have come into full force and effect in a form and with content acceptable to City Council, as determined by the Chief Planner and Executive Director, City Planning, in consultation with the Senior Manager, Heritage Planning; B. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan dated May 5, 2022 by ERA Architects Inc., including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant, to the satisfaction of the Senior Manager, Heritage Planning; C. provide a Letter of Credit, including provision for upwards indexing, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Planning, to secure all work included in the approved Conservation Plan, Lighting Plan, and Interpretation Plan; and D. prior to release of the required Letter of Credit, the owner shall retain a qualified heritage consultant, confirming that the required conservation work and the required interpretive work has been completed in accordance with the approved Conservation Plan, approved Lighting Plan, approved Interpretation Plan and approved Signage Plan, and that an appropriate standard of conservation has been achieved, all to the satisfaction of the Senior Manager, Heritage Planning and shall provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning; iii. Provisions incorporating the requirements set out in Recommendations 6. a) through 6. m) above; iv. Prior to execution of an agreement pursuant to Section 111 of the City of Toronto Act, 2006 relating to the development lands, the owner shall: A. engage a professional building measurement company or architect to re-measure and provide as-built floor plans for the thirteen (13) existing live-work rental dwelling units occupied or formerly occupied by Eligible Tenants to confirm the existing unit sizes, ceiling heights and unit types (number of bedrooms and dens), in accordance with the Ontario Building Code and Tarion Bulletin 22 and to the satisfaction of the Chief Planner and Executive Director, City Planning; and B. reconfigure the Replacement Live-Work Rental Dwelling Unit Floor Plans for the 20 proposed on-site replacement live-work rental dwelling units to ensure that each Eligible Tenant's existing live-work rental dwelling unit is replaced with a replacement live-work rental dwelling unit of the same unit type, including dens, and within at least five (5%) per cent of the existing gross floor area of the unit, all to the satisfaction of the Chief Planner and Executive Director, City Planning; v. Prior to issuance of the Notice of Approval Conditions for Site Plan Approval by the Chief Planner and Executive Director, City Planning or their designate, pursuant to Section 114 of the City of Toronto Act, 2006 for the property located 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61, and 65 Jefferson Avenue, the owner shall consult with Eligible Tenants on the floor layouts of the on-site replacement live-work rental dwelling units and the programming of on-site residential amenity spaces; vi. Prior to the earlier of Site Plan Approval and issuance of the first building, permit, including a permit for shoring and excavation, the owner shall submit the following materials for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services: A. updated revised Functional Servicing and Stormwater Management Report; B. updated Geotechnical Report; C. updated Hydrogeological Report; D. Servicing Report Groundwater Summary Form; and E. Hydrogeological Review Summary Form. vii. Prior to the earlier of Site Plan Approval and the first building permit, including a permit for shoring and excavation, the owner shall make arrangements satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, including entering into a financially secured agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to support the development, according to an accepted Functional Servicing and Stormwater Management Report. viii. Prior to the earlier of Site Plan Approval and issuance of the first building permit, including a permit for shoring and excavation, the owner shall submit a revised Transportation Impact Assessment Update for review and acceptance to the satisfaction of the General Manager, Transportation Service. The updated information must include, but not limited to, the following items: A. a Transportation Demand Management (TDM) plan; and B. a Vision Zero Implementation Plan; ix. Prior to the earlier of Site Plan Approval and issuance of the first building permit, including a permit for shoring and excavation, the owner shall provide financial contributions (overall amount to be determined) in connection with the implementation of the Transportation Demand Management (TDM) plan and Vision Zero improvements, as determined to be required to support this development, to the satisfaction of the General Manager, Transportation Services; x. Prior to the earlier of Site Plan Approval and issuance of the first building permit for shoring and excavation, the owner shall submit plans and drawings with the design and construction of public realm improvements on Liberty Street, Jefferson Avenue and Atlantic Avenue, to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services; xi. Prior to the earlier of Site Plan Approval and issuance of the first building permit, including a permit for shoring and excavation, the owner shall submit a Construction Management Plan for the development lands, to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor, prior to the issuance of any permit, including a heritage permit or a building permit, and including conditional permits, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Planning, and thereafter shall implement the plan during the course of construction; xii. Prior to the earlier of Site Plan Approval and issuance of the first building permit, including a permit for shoring and excavation, the owner shall submit plans and drawings detailing any wind mitigation measures as determined through a wind tunnel analysis undertaken, to the satisfaction of the Chief Planner and Executive Director, City Planning; xiii. 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. 11. City Council authorize the City entering into such agreements, including an amendment to the Section 37 Agreement for 11 and 25 Ordnance Street, to secure the off-site replacement of the rental units to be demolished on the development lands at 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61, and 65 Jefferson Avenue, and the conditions as set out in Recommendations 6. b) and 6. g) to i) above, all to the satisfaction of the Chief Planner and Executive Director, City Planning and City Solicitor as required in Recommendation 6. n) above, with such agreement to be registered to the satisfaction of the City Solicitor prior to the issuance of any permit for all or any part of the development lands, including a heritage permit or a building permit, but excluding permits for such repairs and maintenance and usual and minor works for the existing heritage buildings as are acceptable to the Senior Manager, Heritage Planning. 12. City Council authorize the appropriate City officials to take such actions as are necessary to implement City Council's decision, including execution of the Section 111 Agreement, Section 37 Agreement, and any other necessary agreement(s). 13. City Council declare, pursuant to subsection 45(1.4) of the Planning Act, R.S.O. 1990, c. P.13 for the purposes of subsection 45(1.3) of the Planning Act, R.S.O. 1990, c. P.13, that the owner, may be permitted to apply to amend the site specific zoning by-law for the lands at 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61, and 65 Jefferson Avenue before the second anniversary of the first day on which any part of the site specific by-law comes into effect.
TE34.22amended
241 Richmond Street West and 133 John Street - Zoning Amendment Application - Final Report
This report reviews and recommends approval of the application to amend the Zoning By-law to permit a 40-storey mixed-use building at 241 Richmond Street West and 133 John Street. The building is proposed to contain 459 residential units and 1,273 square metres of retail space. Four levels of underground parking are proposed with 96 parking spaces for residents plus two auto share spaces. A total of 491 bicycle parking spaces are proposed. Also included in the proposed project is the conservation of two heritage buildings at 133 John Street and 241 Richmond Street West and a 4 metre wide, mid-block pedestrian connection linking John Street to a future public park to the east at 229 Richmond Street.
The Toronto and East York Community Council recommends that: 1. City Council amend the City of Toronto Zoning By-law 569-2013 for the lands at 241 Richmond Street West and 133 John Street, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (June 8, 2022), from the Director, Community Planning, Toronto and East York District. 2. City Council authorize the City Solicitor to submit the necessary bill to implement the foregoing recommendations 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 Section 37 Agreement and the Heritage Easement Agreement are executed and registered. 3. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act, prior to the issuance of any building permit for the development, as follows: a. the community benefits recommended to be secured in the Section 37 Agreement are as follows: i. Prior to the issuance of the first above-grade building permit, the owner shall make a cash contribution in the amount of $1,240,000 for the provision of affordable housing in Ward 10 within the vicinity of the site, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor. ii. Prior to the issuance of the first above-grade building permit, the owner shall make a cash contribution in the amount of $4,960,000 for the provision of Community Services and Facilities, parkland construction/improvements and/or streetscape improvements along Richmond Street West and/or Nelson Street in Ward 10 within the vicinity of the site, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor. iii. The financial contribution pursuant to Recommendations 3.a.i and 3.a.ii above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date City Council adopts the zoning by-law amendment(s) to the date of payment; iv. In the event the cash contributions referred to in Recommendations 3.a.i-ii above have not been used for the intended purposes within three (3) years of the Zoning By-law Amendment 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 that the purpose is identified in the Toronto Official Plan and will benefit the community in Ward 10; v. The owner shall construct, provide and maintain a Privately-Owned and Publicly-Accessible Open Space ("POPS") at 241 Richmond Street West and 133 John Street West with a minimum area of 120 square metres in the form of a mid-block connection running through the site between the west property line and the east property line, in the location generally identified in the Zoning By-law Amendment, with the specific configuration and design of the POPS to be determined and secured in the context of a review of a Site Plan Control Application for the development, to the satisfaction of the Director, Community Planning, Toronto and East York District, in consultation with the Ward Councillor; and vi. Prior to the earlier of one (1) year from any non-residential or residential use or occupancy, including interim occupancy pursuant to the Condominium Act, 1998, and registration of the first condominium for the site, except as otherwise agreed by the Chief Planner and Executive Director, City Planning, due to unforeseen delays (eg. weather), the owner shall prepare all documents and convey to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, in priority to all title encumbrances, for nominal consideration and at no cost to the City, a public access easement in perpetuity in favour of the City over the Privately-Owned Publicly-Accessible Open Space set out in Recommendation 3.a.v. above, on terms set out in the Section 37 Agreement, satisfactory to the Chief Planner and Executive Director, City Planning. The owner shall be responsible, at its own expense, to prepare, submit to the City for approval and deposit all required reference plans to describe the easement. b. The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience in support of the development: i. Prior to the commencement of any excavation or shoring work, the owner shall submit a Construction Management Plan to the satisfaction of the General Manager, Transportation Services and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor and thereafter in support of the development, will implement the Plan during the course of construction. 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 access 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 by the General Manager, Transportation Services, in consultation with the Ward Councillor. ii. Prior to the earlier of Site Plan Approval or the first building permit for shoring and excavation, the owner shall submit the following materials for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services: a) Updated Functional Servicing and Stormwater Management Report; b) Updated Hydrogeological Report; c) Servicing Report Groundwater Summary Form; and d) Hydrogeological Review Summary Form. iii. Prior to the earlier of Site Plan Approval or the first building permit for shoring and excavation, the owner shall pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing and Stormwater Management Report, to be resubmitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development. 4. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required. 5. City Council declare, pursuant to subsection 45(1.4) of the Planning Act, R.S.O. 1990, c. P.13 for the purposes of subsection 45(1.3) of the Planning Act, R.S.O. 1990, c. P.13, that the owner, may be permitted to apply to amend the site specific zoning by-law for the lands at 241 Richmond Street West and 133 John Street before the second anniversary of the first day on which any part of the site specific by-law comes into effect.
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council amend the City of Toronto Zoning By-law 569-2013 for the lands at 241 Richmond Street West and 133 John Street, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to the report dated June 8, 2022, from the Director, Community Planning, Toronto and East York District. 2. City Council authorize the City Solicitor to submit the necessary bill to implement the foregoing recommendations 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 Section 37 Agreement and the Heritage Easement Agreement are executed and registered. 3. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act, prior to the issuance of any building permit for the development, as follows: a. the community benefits recommended to be secured in the Section 37 Agreement are as follows: i. Prior to the issuance of the first above-grade building permit, the owner shall make a cash contribution in the amount of $1,240,000 for the provision of affordable housing in Ward 10 within the vicinity of the site, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor. ii. Prior to the issuance of the first above-grade building permit, the owner shall make a cash contribution in the amount of $4,960,000 for the provision of Community Services and Facilities, parkland construction/improvements and/or streetscape improvements along Richmond Street West and/or Nelson Street in Ward 10 within the vicinity of the site, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor. iii. All cash contributions referred to in Recommendations 3.a.i-ii 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; iv. In the event the cash contributions referred to in Recommendations 3.a.i-ii above have not been used for the intended purposes within three (3) years of the Zoning By-law Amendment 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 that the purpose is identified in the Toronto Official Plan and will benefit the community in Ward 10; v. The owner shall construct, provide and maintain a Privately-Owned and Publicly-Accessible Open Space ("POPS") at 241 Richmond Street West and 133 John Street West with a minimum area of 120 square metres in the form of a mid-block connection running through the site between the west property line and the east property line, in the location generally identified in the Zoning By-law Amendment, with the specific configuration and design of the POPS to be determined and secured in the context of a review of a Site Plan Control Application for the development, to the satisfaction of the Director, Community Planning, Toronto and East York District, in consultation with the Ward Councillor; and vi. Prior to the earlier of one (1) year from any non-residential or residential use or occupancy, including interim occupancy pursuant to the Condominium Act, 1998, and registration of the first condominium for the site, except as otherwise agreed by the Chief Planner and Executive Director, City Planning, due to unforeseen delays (eg. weather), the owner shall prepare all documents and convey to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, in priority to all title encumbrances, for nominal consideration and at no cost to the City, a public access easement in perpetuity in favour of the City over the Privately-Owned Publicly-Accessible Open Space set out in Recommendation 3.a)v. above, on terms set out in the Section 37 Agreement, satisfactory to the Chief Planner and Executive Director, City Planning. The owner shall be responsible, at its own expense, to prepare, submit to the City for approval and deposit all required reference plans to describe the easement. b. The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience in support of the development: i. Prior to the commencement of any excavation or shoring work, the owner shall submit a Construction Management Plan to the satisfaction of the General Manager, Transportation Services and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor and thereafter in support of the development, will implement the Plan during the course of construction. 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 access 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 by the General Manager, Transportation Services, in consultation with the Ward Councillor. ii. Prior to the earlier of Site Plan Approval or the first building permit for shoring and excavation, the owner shall submit the following materials for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services: a) Updated Functional Servicing and Stormwater Management Report; b) Updated Hydrogeological Report; c) Servicing Report Groundwater Summary Form; and d) Hydrogeological Review Summary Form. iii. Prior to the earlier of Site Plan Approval or the first building permit for shoring and excavation, the owner shall pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing and Stormwater Management Report, to be resubmitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development. 4. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required. 5. City Council declare, pursuant to subsection 45(1.4) of the Planning Act, R.S.O. 1990, c. P.13 for the purposes of subsection 45(1.3) of the Planning Act, R.S.O. 1990, c. P.13, that the owner, may be permitted to apply to amend the site specific zoning by-law for the lands at 241 Richmond Street West and 133 John Street before the second anniversary of the first day on which any part of the site specific by-law comes into effect.
TE34.23amended
145 Wellington Street West, 53 and 55 Simcoe Street - Zoning Amendment Application - Final Report
This report reviews and recommends approval of the application to amend the Zoning By-law to permit a 60-storey mixed-use development including office, retail and residential uses, located at 145 Wellington Street West and 53 to 55 Simcoe Street. The application proposes to demolish the existing building on the site and develop a 60-storey building with 13-storeys of office space and 512 dwelling units. A total of 546 bicycle parking spaces, four loading spaces, and 39 vehicular parking spaces are proposed on the ground level and within a three-level underground garage.
The Toronto and East York Community Council recommends that: 1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 145 Wellington Street West and 55 to 59 Simcoe Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (June 16, 2022) from the Director, Community Planning, Toronto and East York District. 2. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required. 3. City Council authorize the City Solicitor to submit the necessary bill to implement the foregoing recommendations 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 include such Holding provisions in the Zoning By-law as may be necessary to prevent development of the lands until such time as conditions relating to transportation or servicing improvements are satisfied, including: a. submission of an updated Functional Servicing and Stormwater Management Report, Servicing Report Groundwater Summary, Hydrogeological Investigation Report and Hydrological Review Summary Form to the satisfaction and acceptance of the Chief Engineer and Executive Director, Engineering and Construction Services. b. submission of an updated Transportation Report and functional drawings addressing any additional needs or impacts arising from an increase in unit count and floor area, in relation to City standards for parking, loading, vehicle manoeuvering, and solid waste collection. c. satisfactory arrangements must be made with the Executive Director, Development Engineering and Construction Services, including any necessary agreements with the City for the design and construction of improvements to the municipal infrastructure. 5. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act, securing the following community benefits: a. Prior to the issuance of the first above-grade building permit, the owner shall make a cash contribution in the amount of four million, four hundred thousand dollars ($4,400,000.00) to be directed towards the provision of Community Services and Facilities within or serving Ward 10, which may include such facilities identified through the Downtown West Services and Facilities Review, and/or towards public realm improvements in the vicinity of the development, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; b. Prior to the issuance of the first above-grade building permit, the owner shall make a cash contribution of one million, one hundred thousand dollars ($1,100,000.00) dollars to be allocated towards the provision of new affordable housing and/or the Toronto Community Housing Corporation revolving capital fund for repairs to Toronto Community Housing Corporation housing in Ward 10, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; c. The financial contribution pursuant to Recommendations 5.a. and 5.b. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date City Council adopts the zoning by-law amendment(s) to the date of payment; and d. In the event the cash contributions referred to in Recommendations 4 a. and 4 b. above has not been used for the intended purpose within three (3) years of the amending zoning by-law coming force and effect, the cash contributions 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 that the purpose is identified in the Toronto Official Plan and will benefit the community in Ward 10. 6. City Council direct that the following matters also be secured in the Section 37 Agreement as a legal convenience in support of the development: a. Prior to the commencement of any excavation or shoring work, the owner shall submit a Construction Management Plan to the satisfaction of the General Manager, Transportation Services and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor and thereafter in support of the development, will implement the Plan during the course of construction. 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 access 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 by the General Manager, Transportation Services, in consultation with the Ward Councillor. b. The owner shall prepare all documents and convey a Pedestrian Clearway Easement to the City to secure a minimum 3.0 metre wide pedestrian clearway along Wellington Street West, together with rights of support, such lands to be free and clear of all other physical obstructions and encumbrances, and subject to a right-of-way for access and construction purposes in favour of the Grantor until such time as the said lands have been laid out and dedicated for public pedestrian clearway purposes, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor, with the specific location, configuration and design to be determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, as amended, and secured in a Site Plan Agreement with the City; c. The owner shall prepare all documents and convey a Pedestrian Clearway Easement to the City to secure a minimum 3.0 metre wide pedestrian clearway along Simcoe Street, together with rights of support, such lands to be free and clear of all other physical obstructions and encumbrances, and subject to a right-of-way for access and construction purposes in favour of the Grantor until such time as the said lands have been laid out and dedicated for public pedestrian clearway purposes, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor, with the specific location, configuration and design to be determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, as amended, and secured in a Site Plan Agreement with the City; d. Prior to the earlier of Site Plan Approval or the first building permit for shoring and excavation, the owner shall pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing and Stormwater Management Report, to be resubmitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development. e. The owner shall 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, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the site. 7. City Council declare, pursuant to subsection 45(1.4) of the Planning Act, R.S.O. 1990, c. P.13 for the purposes of subsection 45(1.3) of the Planning Act, R.S.O. 1990, c. P.13, that the owner, may be permitted to apply to amend the site specific zoning by-law for the lands at 145 Wellington Street West, 53 and 55 Simcoe Street before the second anniversary of the first day on which any part of the site specific by-law comes into effect.
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 145 Wellington Street West and 55 to 59 Simcoe Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to the report (June 16, 2022) from the Director, Community Planning, Toronto and East York District. 2. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required. 3. City Council authorize the City Solicitor to submit the necessary bill to implement the foregoing recommendations 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 Section 37 Agreement is executed and registered. 4. City Council authorize the City Solicitor to include such Holding provisions in the Zoning By-law as may be necessary to prevent development of the lands until such time as conditions relating to transportation or servicing improvements are satisfied, including: a. submission of an updated Functional Servicing and Stormwater Management Report, Servicing Report Groundwater Summary, Hydrogeological Investigation Report and Hydrological Review Summary Form to the satisfaction and acceptance of the Chief Engineer and Executive Director, Engineering and Construction Services. b. submission of an updated Transportation Report and functional drawings addressing any additional needs or impacts arising from an increase in unit count and floor area, in relation to City standards for parking, loading, vehicle manoeuvering, and solid waste collection. c. satisfactory arrangements must be made with the Executive Director of Development Engineering and Construction Services, including any necessary agreements with the City for the design and construction of improvements to the municipal infrastructure. 5. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act, securing the following community benefits: a. Prior to the issuance of the first above-grade building permit, the owner shall make a cash contribution in the amount of four million, four hundred thousand dollars ($4,400,000.00) to be directed towards the provision of Community Services and Facilities within or serving Ward 10, which may include such facilities identified through the Downtown West Services and Facilities Review, and/or towards public realm improvements in the vicinity of the development, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; b. Prior to the issuance of the first above-grade building permit, the owner shall make a cash contribution of one million, one hundred thousand dollars ($1,100,000.00) dollars to be allocated towards the provision of new affordable housing and/or the Toronto Community Housing Corporation revolving capital fund for repairs to Toronto Community Housing Corporation housing in Ward 10, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor c. the amounts above will be indexed upwardly in accordance with Statistics Canada Non-Residential Building Construction Price Index for the Toronto Census Metropolitan Area, reported by Statistics Canada in the Building Construction Price Indexes Table: 18-10-0135-01, or its successor, calculated from the date of the execution of the Section 37 Agreement to the date the payment is made; and d. in the event the cash contributions referred to in Recommendations 4 a) and 4 b) above has not been used for the intended purpose within three (3) years of the amending zoning by-law coming force and effect, the cash contributions 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 that the purpose is identified in the Toronto Official Plan and will benefit the community in Ward 10. 6. City Council direct that the following matters also be secured in the Section 37 Agreement as a legal convenience in support of the development: a. Prior to the commencement of any excavation or shoring work, the owner shall submit a Construction Management Plan to the satisfaction of the General Manager, Transportation Services and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor and thereafter in support of the development, will implement the Plan during the course of construction. 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 access 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 by the General Manager, Transportation Services, in consultation with the Ward Councillor. b. The owner shall prepare all documents and convey a Pedestrian Clearway Easement to the City to secure a minimum 3.0 metre wide pedestrian clearway along Wellington Street West, together with rights of support, such lands to be free and clear of all other physical obstructions and encumbrances, and subject to a right-of-way for access and construction purposes in favour of the Grantor until such time as the said lands have been laid out and dedicated for public pedestrian clearway purposes, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor, with the specific location, configuration and design to be determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, as amended, and secured in a Site Plan Agreement with the City; c. The owner shall prepare all documents and convey a Pedestrian Clearway Easement to the City to secure a minimum 3.0 metre wide pedestrian clearway along Simcoe Street, together with rights of support, such lands to be free and clear of all other physical obstructions and encumbrances, and subject to a right-of-way for access and construction purposes in favour of the Grantor until such time as the said lands have been laid out and dedicated for public pedestrian clearway purposes, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor, with the specific location, configuration and design to be determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, as amended, and secured in a Site Plan Agreement with the City; d. Prior to the earlier of Site Plan Approval or the first building permit for shoring and excavation, the owner shall pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing and Stormwater Management Report, to be resubmitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development. e. The owner shall 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, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the site. 7. City Council declare, pursuant to subsection 45(1.4) of the Planning Act, R.S.O. 1990, c. P.13 for the purposes of subsection 45(1.3) of the Planning Act, R.S.O. 1990, c. P.13, that the owner, may be permitted to apply to amend the site specific zoning by-law for the lands at 145 Wellington Street West, 53 and 55 Simcoe Street before the second anniversary of the first day on which any part of the site specific by-law comes into effect.
TE34.24amended
250 University Avenue - Zoning Amendment Application - Final Report
This report reviews and recommends approval of the application to amend the Zoning By-law to permit a 48-storey mixed use building incorporating the existing Bank of Canada designated heritage building at 250 University Avenue. The application proposes 698 square metres of retail space and 12,063 square metres of office space within the conserved base building and 512 residential units in a new tower addition above. The proposal would integrate an access to the TTC Line 1 Osgoode Station into the ground floor of the building, replacing the existing stairs within the Queen Street West sidewalk. A total of 576 bicycle parking spaces and 46 vehicular parking spaces are proposed in four underground levels, and two loading spaces are proposed on the ground floor. The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) and the City of Toronto Official Plan.
The Toronto and East York Community Council recommends that: 1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 250 University Avenue substantially in accordance with the draft Zoning By-law Amendment included as Attachment 11 to the report (June 13, 2022) from the Director, Community Planning , Toronto and East York District City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required. 2. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required. 3. City Council authorize the City Solicitor to submit the necessary bill to implement the foregoing recommendations 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 Section 37 Agreement and the Heritage Easement Agreement are executed and registered. 4. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act securing the following: a. a cash contribution of one million dollars ($1,000,000.00) to be allocated towards the provision of new affordable housing and/or the Toronto Community Housing Corporation revolving capital fund for repairs to Toronto Community Housing Corporation housing in Ward 10, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor b. the financial contribution pursuant to Recommendation 4.a. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date City Council adopts the zoning by-law amendment(s) to the date of payment; c. in the event the cash contribution referred to in Recommendations 3.a. and 3.b. above has not been used for the intended purpose within three (3) years of the amending zoning by-law coming into force and effect, the cash contributions may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; and d. prior to the earlier of first residential occupancy or Condominium Registration, the owner shall, at its own sole cost and expense, design, construct and thereafter maintain, to the satisfaction of the Chief Planner and Executive Director, City Planning, and the Toronto Transit Commission (TTC), a fully-accessible entrance and below-grade pedestrian tunnel connection from 250 University Avenue connecting to the existing Line 1 (Yonge-University) Osgoode Subway Station in replacement of the stairs located within the Queen Street West sidewalk, generally in the configuration shown on the concept plan included as Attachment No. 10 to the Report (June 13, 2022) from Director, Community Planning , Toronto and East York District. The estimated value of the foregoing work is a minimum of five million dollars ($5,000.000.00). Further details as to the specifics of the TTC Connection, including: the TTC's design specifications and standards to fully integrate the TTC Connection to the Development; the supply and installation of payment turnstiles/gates by the owner at its sole cost and expense if determined to be required by the TTC; and the entrance connection fee to be paid by the owner to the TTC as a result of the TTC's permission to allow the Owner to connect the Development to the TTC facilities, all of which shall be determined and secured to the satisfaction of the Chief Planner and Executive Director, City Planning and the TTC at the time of and through Site Plan Approval for the Development 5. 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 submit a Functional Servicing Report to the City for review and acceptance by Engineering and Construction Services, which will determine whether the municipal water, sanitary and storm sewer systems can support the proposed development and whether upgrades or improvements of the existing municipal infrastructure are required; c. The owner shall enter into a financially secured agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to support the development, according to the Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; d. The owner shall prepare all documents and convey a Pedestrian Clearway Easement to the City to secure a 2.8 metre wide pedestrian clearway along Richmond Street West (north of the existing Bell Canada conduit chamber), together with rights of support, such lands to be free and clear of all other physical obstructions and encumbrances, and subject to a right-of-way for access and construction purposes in favour of the Grantor until such time as the said lands have been laid out and dedicated for public pedestrian clearway purposes, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor, with the specific location, configuration and design to be determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, as amended, and secured in a Site Plan Agreement with the City; e. As a condition of Site Plan Approval for the Lands, or any portion thereof, the owner shall, at its sole expense provide civil, functional, and traffic control signal plans for the design and construction of a curb re-alignment along the University Avenue frontage, in accordance with the City's Lane Width and Curb Radii Design Guidelines, as required by the General Manager, Transportation Services (the "Curb Realignment"). As a condition of Site Plan Approval, the owner shall be responsible for constructing the Curb Realignment, along with any related cycling infrastructure, intersection improvements or relocation of signal infrastructure, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services, generally in accordance with a conceptual plan prepared by IBI Group Architects and dated December 21, 2021 with any modifications determined to be acceptable to the Chief Planner in consultation with the Chief Engineer and the General Manager, Transportation Services through the Site Plan Approval process. f. As a condition of Site Plan Approval, the owner shall make satisfactory arrangements and enter into any appropriate agreement(s) with the City to complete the Curb Realignment along with any related cycling infrastructure, intersection improvements or relocation of signal infrastructure; and the owner shall provide any related Letters of Credit and engineering fees to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services. g. As a condition of Site Plan Approval, a Transportation Demand Management Plan, identifying appropriate transportation demand management measures, will be submitted, and will contribute to a demonstrated reduction in travel demand, and shall include, but will not be limited to the following measures: two (2) car-share parking spaces; a $50,000 payment for a bike-share station in the vicinity of the Lands; one (1) car-share membership per unit, offered for the first year of occupancy; one (1) bike-share membership per unit, offered for the first year of occupancy; one (1) pre-loaded Presto card ($100 value), offered for the first year of occupancy; additional cycling-related amenities, including showers and change rooms; and a minimum of two (2) bike repair stations; and/or other transportation demand management measures. The specific location, configuration, quantity, and design of the transportation demand management measures shall be determined in the context of the Site Plan Application process, pursuant to Section 114 of the City of Toronto Act, 2006, and secured in the Site Plan Agreement for the Development. The owner shall provide and operate the Transportation Demand Measures identified in the approved Transportation Demand Management Plan, and secured in the Site Plan Agreement for the Development, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Transportation Services. and h. The owner shall 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, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application. 6. City Council, pursuant to subsection 45(1.4) of the Planning Act, R.S.O. 1990, c. P.13, permit applications for minor variances from City of Toronto Zoning By-law 569-2013 in respect of the development at 250 University Avenue before the second anniversary of the day on which the Zoning By-law Amendment in Recommendation 1 above is enacted.
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 250 University Avenue substantially in accordance with the draft Zoning By-law Amendment included as Attachment No. 11 to the report (June 13, 2022) from the Director, Community Planning , Toronto and East York District City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required. 2. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required. 3. City Council authorize the City Solicitor to submit the necessary bill to implement the foregoing recommendations 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 Section 37 Agreement and the Heritage Easement Agreement are executed and registered. 4. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act securing the following: a. a cash contribution of one million dollars ($1,000,000.00) to be allocated towards the provision of new affordable housing and/or the Toronto Community Housing Corporation revolving capital fund for repairs to Toronto Community Housing Corporation housing in Ward 10, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor b. the amount above will be indexed upwardly in accordance with the Statistics Canada Residential Building Construction Price Index for the Toronto Census Metropolitan Area, reported by Statistics Canada in the Building Construction Price Indexes Table: 18-10-0135-01, or its successor, calculated from the date of the execution of the Section 37 Agreement to the date of payment which will be no later than issuance of first above grade building permit; c. in the event the cash contribution referred to in Recommendations 3.a) and 3 b) above has not been used for the intended purpose within three (3) years of the amending zoning by-law coming into force and effect, the cash contributions may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; and d. prior to the earlier of first residential occupancy or Condominium Registration, the owner shall, at its own sole cost and expense, design, construct and thereafter maintain, to the satisfaction of the Chief Planner and Executive Director, City Planning, and the Toronto Transit Commission (TTC), a fully-accessible entrance and below-grade pedestrian tunnel connection from 250 University Avenue connecting to the existing Line 1 (Yonge-University) Osgoode Subway Station in replacement of the stairs located within the Queen Street West sidewalk, generally in the configuration shown on the concept plan included as Attachment No. 10 to this Report. The estimated value of the foregoing work is a minimum of five million dollars ($5,000.000.00). Further details as to the specifics of the TTC Connection, including: the TTC's design specifications and standards to fully integrate the TTC Connection to the Development; the supply and installation of payment turnstiles/gates by the owner at its sole cost and expense if determined to be required by the TTC; and the entrance connection fee to be paid by the owner to the TTC as a result of the TTC's permission to allow the Owner to connect the Development to the TTC facilities, all of which shall be determined and secured to the satisfaction of the Chief Planner and Executive Director, City Planning and the TTC at the time of and through Site Plan Approval for the Development 5. 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 submit a Functional Servicing Report to the City for review and acceptance by Engineering and Construction Services, which will determine whether the municipal water, sanitary and storm sewer systems can support the proposed development and whether upgrades or improvements of the existing municipal infrastructure are required; c. The owner shall enter into a financially secured agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to support the development, according to the Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; d. The owner shall prepare all documents and convey a Pedestrian Clearway Easement to the City to secure a 2.8 metre wide pedestrian clearway along Richmond Street West (north of the existing Bell Canada conduit chamber), together with rights of support, such lands to be free and clear of all other physical obstructions and encumbrances, and subject to a right-of-way for access and construction purposes in favour of the Grantor until such time as the said lands have been laid out and dedicated for public pedestrian clearway purposes, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor, with the specific location, configuration and design to be determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, as amended, and secured in a Site Plan Agreement with the City; e. As a condition of Site Plan Approval for the Lands, or any portion thereof, the owner shall, at its sole expense provide civil, functional, and traffic control signal plans for the design and construction of a curb re-alignment along the University Avenue frontage, in accordance with the City's Lane Width and Curb Radii Design Guidelines, as required by the General Manager, Transportation Services (the "Curb Realignment"). As a condition of Site Plan Approval, the owner shall be responsible for constructing the Curb Realignment, along with any related cycling infrastructure, intersection improvements or relocation of signal infrastructure, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services, generally in accordance with a conceptual plan prepared by IBI Group Architects and dated December 21, 2021 with any modifications determined to be acceptable to the Chief Planner in consultation with the Chief Engineer and the General Manager, Transportation Services through the Site Plan Approval process. f. As a condition of Site Plan Approval, the owner shall make satisfactory arrangements and enter into any appropriate agreement(s) with the City to complete the Curb Realignment along with any related cycling infrastructure, intersection improvements or relocation of signal infrastructure; and the owner shall provide any related Letters of Credit and engineering fees to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services. g. As a condition of Site Plan Approval, a Transportation Demand Management Plan, identifying appropriate transportation demand management measures, will be submitted, and will contribute to a demonstrated reduction in travel demand, and shall include, but will not be limited to the following measures: two (2) car-share parking spaces; a $50,000 payment for a bike-share station in the vicinity of the Lands; one (1) car-share membership per unit, offered for the first year of occupancy; one (1) bike-share membership per unit, offered for the first year of occupancy; one (1) pre-loaded Presto card ($100 value), offered for the first year of occupancy; additional cycling-related amenities, including showers and change rooms; and a minimum of two (2) bike repair stations; and/or other transportation demand management measures. The specific location, configuration, quantity, and design of the transportation demand management measures shall be determined in the context of the Site Plan Application process, pursuant to Section 114 of the City of Toronto Act, 2006, and secured in the Site Plan Agreement for the Development. The owner shall provide and operate the Transportation Demand Measures identified in the approved Transportation Demand Management Plan, and secured in the Site Plan Agreement for the Development, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Transportation Services. and h. The owner shall 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, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application. 6. City Council, pursuant to subsection 45(1.4) of the Planning Act, R.S.O. 1990, c. P.13, permit applications for minor variances from City of Toronto Zoning By-law 569-2013 in respect of the development at 250 University Avenue before the second anniversary of the day on which the Zoning By-law Amendment in Recommendation 1 above is enacted.
TE34.25amended
7 Vanauley Street - Official Plan and Zoning By-law Amendments - Final Report
This report reviews and recommends approval of the Official Plan and Zoning By-law amendment application to permit a six-storey residential addition to the existing two-storey YMCA Vanauley Street Centre for Youth building located at 7 Vanauley Street. The proposed addition would contain 31 affordable dwelling units and include at grade landscaping and amenity area enhancements. The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020). This report reviews and recommends approval of the application to amend the Official Plan and City of Toronto Zoning By-law No. 569-2013.
The Toronto and East York Community Council recommends that: 1. City Council amend the City of Toronto Official Plan, for the lands at 7 Vanauley Street, substantially in accordance with the draft Official Plan Amendment attached as Attachment 5 to the report (June 14, 2022) from the Director, Community Planning, Toronto and East York District. 2. City Council amend City of Toronto Zoning By-law No. 569-2013 for the lands at 7 Vanauley Street, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to this report (June 14, 2022) from the Director, Community Planning, Toronto and East York District. 3. City Council declare, pursuant to subsection 45(1.4) of the Planning Act, R.S.O. 1990, c. P.13 for the purposes of subsection 45(1.3) of the Planning Act, R.S.O. 1990, c. P.13, that the owner, may be permitted to apply to amend the site specific zoning by-law for the lands at 7 Vanauley Street before the second anniversary of the first day on which any part of the site specific by-law comes into effect. 4. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and Zoning By-law Amendments, as may be required.
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council amend the City of Toronto Official Plan, for the lands at 7 Vanauley Street, substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 5 to the report (June 14, 2022) from the Director, Community Planning, Toronto and East York District. 2. City Council amend City of Toronto Zoning By-law No. 569-2013 for the lands at 7 Vanauley Street, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to this report (June 14, 2022) from the Director, Community Planning, Toronto and East York District. 3. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and Zoning By-law Amendments, as may be required.