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 26 to 50 of 243Show 2550100all
TE34.26amended
This application proposes to amend the Zoning By-laws to permit a 53-storey mixed use development including ground floor commercial uses and 592 dwelling units with a total gross floor area of 35,668 square metres at 241 Church Street. The proposed building would have a height of 163.2 metres, 170.65 metres including the mechanical penthouse. The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with the A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) and conforms to the City's Official Plan. The proposal is in keeping with the intent of the Toronto Official Plan, particularly as it relates to intensification in the Downtown, which is a designated growth area. The proposal conforms to the Downtown Plan and generally conforms with the Tall Building guidelines. Staff worked with the applicant and the community to address and resolve various massing issues including appropriate tower and podium heights and setbacks. The provision of a range of dwelling unit types will help address housing issues. This report reviews and recommends that Council approve the Zoning By-law amendment application.
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 241 Church Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (June 14, 2022) from the Director, Community Planning, Toronto and East York District. 2. City Council classify the lands at 241 Church Street as a Class 4 Area designation pursuant to the Ministry of Environment (now Ministry of Environment, Conservation and Parks) Environmental Noise Guideline - Stationary and Transportation Sources - Approval and Planning Publication NPC-300, August 2013 and direct the Chief Planner and Executive Director, City Planning or their designate to forward a copy of the City Council Decision Document to the Ministry of Environment Conservation and Parks (MECP). 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 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 are executed and registered 5. City Council direct that the owner be required to enter into an Agreement pursuant to Section 37 of the Planning Act to secure the following community benefits at the owner's expense, as follows: a. a cash contribution of six million five hundred thousand dollars ($ 6.5 million) dollars to be allocated toward: i. $3,250,000.00 to local area streetscape and park improvements; and ii. $3,250,000.00 to capital improvements for new or existing affordable housing, cultural, community and/or recreation space; b. the financial contributions pursuant to Recommendation 5.a.i. and 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. in the event the cash contribution referred to in Recommendations 5.a. 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. 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. the owner shall enter into a Limiting Distance Agreement along with the owners of 245 Church Street and the City, to be registered on title to the 245 Church Street property, that would prevent the erection of a building above existing height permissions within 7 metres of the shared lot line, to the satisfaction of the Chief Planner, and Executive Director, City Planning and the City Solicitor; b. that the owner pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report, 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. prior to final Site Plan Approval for any part of the site, the owner shall submit a construction management plan for the development with the general matters included in the Section 37 Agreement, including but not limited to, 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, coordination with adjacent on-going development construction, parking and laneway uses 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 the General Manager, Transportation Services, in consultation with the Ward Councillor; and d. 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 consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the site.
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 241 Church Street substantially in accordance with the draft Zoning By-law 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 classify the lands at 241 Church Street as a Class 4 Area designation pursuant to the Ministry of Environment (now Ministry of Environment, Conservation and Parks) Environmental Noise Guideline - Stationary and Transportation Sources - Approval and Planning Publication NPC-300, August 2013 and direct the Chief Planner and Executive Director, City Planning or their designate to forward a copy of the City Council Decision Document to the Ministry of Environment Conservation and Parks (MECP). 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 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 are executed and registered 5. City Council direct that the owner be required to enter into an Agreement pursuant to Section 37 of the Planning Act to secure the following community benefits at the owner's expense, as follows: a) a cash contribution of six million five hundred thousand dollars ($ 6.5 million) dollars to be allocated toward: i. $3,250,000.00 to local area streetscape and park improvements; and ii. $3,250,000.00 to capital improvements for new or existing affordable housing, cultural, community and/or recreation space; b) the cash contribution referred to in Recommendation 5 a) 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; and c) in the event the cash contribution referred to in Recommendations 8(a) 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. 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) the owner shall enter into a Limiting Distance Agreement along with the owners of 245 Church Street and the City, to be registered on title to the 245 Church Street property, that would prevent the erection of a building above existing height permissions within 7 metres of the shared lot line, to the satisfaction of the Chief Planner, and Executive Director, City Planning and the City Solicitor; b) that the owner pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report, 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) prior to final Site Plan Approval for any part of the site, the owner shall submit a construction management plan for the development with the general matters included in the Section 37 Agreement, including but not limited to, 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, coordination with adjacent on-going development construction, parking and laneway uses 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 the General Manager, Transportation Services, in consultation with the Ward Councillor; and d) 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 consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the site.
TE34.27amended
215 Wellesley Street East - Zoning Amendment Application - Final Report
This report reviews and recommends approval of the application to amend the Zoning By-law to permit an 8-storey mixed-use building at 215 Wellesley Street East. The building is proposed to contain 32 dwelling units, replacement of 16 bed-sitting rooms associated with supportive housing and 222 square metres of community support services. One parking space for the residential care home and six short-term bike parking spaces are proposed in the rear yard.
The Toronto and East York Community Council recommends that: 1. City Council amend Zoning By-law 438-86 for the lands at 215 Wellesley Street East, substantially in accordance with the draft Zoning By-law Amendment in Attachment 1 to the supplementary report (June 28, 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. 3. Before introducing the necessary Bills to City Council for enactment, require the owner: a. Submit a revised Functional Servicing and Stormwater Management Report, Hydrogeological Report and supporting documents (the "Engineering Reports"), including confirmation of water and fire flow, 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; b. Address all outstanding engineering issues, and any other comments that may arise further to the review of materials submitted as part of the process to address the issues set out in the memoranda from Engineering and Construction Services, and the General Manager, Transportation Services; and c. Secure the design and the provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure and/or new municipal infrastructure identified in the accepted Engineering Reports to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades and/or new infrastructure are required to support the development.
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council amend Zoning By-law 569-2013 for the lands at 215 Wellesley Street East, 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. 3. Before introducing the necessary Bills to City Council for enactment, require the owner: a) Submit a revised Functional Servicing and Stormwater Management Report, Hydrogeological Report and supporting documents (the "Engineering Reports"), including confirmation of water and fire flow, 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; b) Address all outstanding engineering issues, and any other comments that may arise further to the review of materials submitted as part of the process to address the issues set out in the memoranda from Engineering and Construction Services, and the General Manager, Transportation Services; c) Secure the design and the provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure and/or new municipal infrastructure identified in the accepted Engineering Reports to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades and/or new infrastructure are required to support the development;
TE34.28amended
380 Donlands 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 (24.3 metres, exclusive of the mechanical penthouse) mixed-use building at 380 Donlands Avenue. The building is proposed to contain 73 dwelling units and 392 square metres of retail space. Two levels of underground parking are proposed with a total of 58 vehicular and 106 bicycle parking spaces.
The Toronto and East York Community Council recommends that: 1. City Council amend Zoning By-law 569-2013, for the lands at 380 Donlands Avenue, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (June 7, 2022) from the Director, Community Planning, Toronto and East York District. 2. City Council require the Owner to agree to submit and implement, a construction management plan to address such matters as noise, dust, street closures, parking and laneway uses and access; such plan shall be to the satisfaction of the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor. 3. City Council direct the applicant to establish a Construction Liaison Committee made up of local residents and businesses to the satisfaction of the local Councillor; the Committee is to meet bi-weekly at the beginning of construction; and notes from the meetings are to be shared with the members and the Ward Councillor's office in a timely way. 4. City Council direct the applicant to pressure wash the construction site and adjacent sidewalks, laneways and roadways weekly, or more frequently as needed to be cleared of any construction debris and made safe. 5. City Council direct the applicant to ensure that the existing sidewalks and all pedestrian walkways have proper lighting to ensure safety and visibility at all times of the day and night. 6. City Council direct the applicant to clearly consult and communicate all construction, parking and road occupancy impacts with local residents in advance of any physical road modifications. 7. City Council direct the applicant to post a contact number for the site superintendent on the construction hoarding. 8. City Council direct the applicant to create a publicly accessible website with regular construction updates and post the website address on the subject site. 9. City Council direct the applicant to include a minimum of 75 percent of advertisement surface area on the construction hoarding to be allocated to artwork at their sole cost in collaboration with the Steps Initiative and to the satisfaction of the Ward Councillor. 10. City Council direct Transportation Services to report to the Toronto and East York Community Council on excluding the development at 380 Donlands Avenue from the on-street permit parking program including requiring the applicant to state in all marketing materials, disclosure documents, and sales agreements that the future owner, tenant, or sublet tenant or any other additional occupant or guest will be prohibited from applying for an on-street parking permit and the building will be excluded from any on-street permit specified area. 11. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendments 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 380 Donlands Avenue, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (June 7, 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.
TE34.29adopted
This report recommends that City Council approve the proposed alterations for the heritage properties at 241 Richmond Street West and 133 John Street in connection with the proposed redevelopment of the site. This report also recommends that City Council grant authority to enter into a Heritage Easement Agreement for this property. At the City Council meeting on February 2, 2022, a Notice of Intention to Designate was approved under Part IV of the Ontario Heritage Act for this property. The appeal period for the Notice of Intention to Designate expired 30 days following the publication of the Notice. As no objections were received, the designation by-law was passed on April 7, 2022. This report recommends City Council approve the alterations proposed under Section 33 of the Ontario Heritage Act for the heritage property in connection with a proposed development, and grant authority to enter into a Heritage Easement Agreement for the subject property. The subject properties are located on the east side of John Street between Richmond Street West and Nelson Street. The southeast corner of Richmond and John contains the building at 241 Richmond Street West, a two-storey commercial building constructed in three phases (1936, 1940 and 1948) in the Art Moderne style by the leading Toronto architecture firm, Page & Steele. The Second Empire style house-form building at 133 John Street anchoring the same block at Nelson Street represents the only surviving building in a larger grouping of dwellings constructed on the east side of John Street in the 1870s. In conjunction with a Zoning Amendment Application (File No. 21- 171253 STE 10 OZ) and a Site Plan Application (File No. 21- 171254 STE 10 SA), the development proposes to construct a 40-storey mixed-use building with ground floor retail and 459 residential units above. The project also will feature a two-storey and eight-storey base. The two-storey base encompasses the northern portion of the Site and incorporates the existing heritage structure at 241 Richmond Street West. The eight-storey base encompasses the southern portion of the site and incorporates the house form heritage property at 133 John Street. Both existing heritage buildings at 241 Richmond Street West and 133 John Street are proposed to be conserved, albeit with the alterations described in this report. This application is to be reviewed concurrently with the submitted planning applications.
The Toronto and East York Community Council recommends that: 1. City Council approve the alterations to the heritage property and permit a 40-storey mixed-use building at 241 Richmond Street West and 133 John Street, in accordance with Section 33 of the Ontario Heritage Act, with such alterations substantially in accordance with plans and drawings dated March 11, 2022, prepared by Architects Alliance, and on file with the Senior Manager, Heritage Planning, Urban Design, City Planning and the Heritage Impact Assessment (HIA), prepared by ERA Architects Inc., dated March 14, 2022 and on file with the Senior Manager, Heritage Planning, Urban Design, City Planning, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Planning, Urban Design, City Planning and subject to the following conditions: a. That the related site-specific Zoning By-law Amendment permitting the proposed alterations has been enacted by City Council and has 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. That the owner: 1. Enter into a Heritage Easement Agreement with the City for the properties at 241 Richmond Street West and 133 John Street in accordance with the plans and drawings dated March 11, 2022, prepared by Architects Alliance, and on file with the Senior Manager, Heritage Planning, Urban Design, City Planning; and the Heritage Impact Assessment (HIA), prepared by ERA Architects Inc., dated March 14, 2022, and in accordance with the Conservation Plan required in Recommendation 1.b.2 below to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City 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 241 Richmond Street West and 133 John Street, prepared by ERA Architects Inc., dated March 14, 2022, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City 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, Urban Design, City Planning in writing, failing which this condition will be determined to be unfulfilled. c. That prior to final Site Plan approval for the proposal, for the properties located at 241 Richmond Street West and 133 John Street, the owner shall: 1. Provide final Site Plan drawings substantially in accordance with the approved Conservation Plan required in Recommendation 1.b.2 above to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning. 2. Provide a Heritage Lighting Plan that describes how the exterior of the heritage properties will be sensitively illuminated to enhance their 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. 3. Submit a Signage Plan to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning. 4. Provide an Interpretation Plan for the subject properties, 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. That prior to the issuance of any permit for all or any part of the properties at 241 Richmond Street West and 133 John 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(s) as are acceptable to the Senior Manager, Heritage Planning, Urban Design, City Planning, the owner shall: 1. Have entered into a Heritage Easement Agreement with the City required in Recommendation 1.b.1 above. 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 above, 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. 3. Provide a Letter of Credit, including provision for upward 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. 4. Provide full documentation of the existing heritage properties, 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 CD 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, Urban Design, City Planning. e. That prior to the release of the Letter of Credit required in Recommendation 1.d.3 above, the owner shall: 1. Provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work and the required interpretive work has been completed in accordance with the Conservation Plan and Interpretation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning. 2. Provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City 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 241 Richmond Street West and 133 John 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 properties at 241 Richmond Street West and 133 John Street.
Staff recommendation as filed
The Senior Manager, Heritage Planning, Urban Design, City Planning recommends that: 1. City Council approve the alterations to the heritage property and permit a 40-storey mixed-use building at 241 Richmond Street West and 133 John Street, in accordance with Section 33 of the Ontario Heritage Act, with such alterations substantially in accordance with plans and drawings dated March 11, 2022, prepared by Architects Alliance, and on file with the Senior Manager, Heritage Planning and the Heritage Impact Assessment (HIA), prepared by ERA Architects Inc., dated March 14, 2022 and on file with the Senior Manager, Heritage Planning, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Planning and subject to the following conditions: a. That the related site-specific Zoning By-law Amendment permitting the proposed alterations has been enacted by City Council and has 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. That the owner: 1. Enter into a Heritage Easement Agreement with the City for the properties at 241 Richmond Street West and 133 John Street in accordance with the plans and drawings dated March 11, 2022, prepared by Architects Alliance, and on file with the Senior Manager, Heritage Planning; and the Heritage Impact Assessment (HIA), prepared by ERA Architects Inc., dated March 14, 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 241 Richmond Street West and 133 John Street, prepared by ERA Architects Inc., dated March 14, 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 final Site Plan approval for the proposal, for the properties located at 241 Richmond Street West and 133 John Street, the 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 heritage properties will be sensitively illuminated to enhance their 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. 3. Submit a Signage Plan to the satisfaction of the Senior Manager, Heritage Planning. 4. Provide an Interpretation Plan for the subject properties, 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. That prior to the issuance of any permit for all or any part of the properties at 241 Richmond Street West and 133 John 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(s) as are acceptable to the Senior Manager, Heritage Planning, the owner 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 upward 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. 4. Provide full documentation of the existing heritage properties, 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 CD 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. 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 work and the required interpretive work has been completed in accordance with the Conservation 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 241 Richmond Street West and 133 John 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 properties at 241 Richmond Street West and 133 John Street.
TE34.30amended
1978 - 2002 Lake Shore Boulevard West - Zoning By-law Amendment Application - Final Report
This application proposes to amend the Zoning By-law 569-2013 to permit a mixed-use building with two towers, 20 and 36-storeys on a 5-storey base building at 1978-2002 Lake Shore Boulevard West with 611 residential units, 154 square metres of retail uses at grade and 262 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. The report also recommends approval of Open Door Affordable Rental Housing Program incentives for 61 new affordable rental homes in the development.
The City Planning Division and Housing Secretariat recommend that: 1. City Council amend Zoning By-law 569-2013 for the lands at 1978-2002 Lake Shore Boulevard West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 5 to report (June 15, 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 require Marlin Springs (carrying on business as Winlake Developments Limited) (or a related corporation) ("the Owner") the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows: The Owner's section 37 contribution consists of providing and maintaining sixty-one (61) new affordable rental dwelling units on the lands at 1978-2002 Lake Shore Boulevard West (the "Affordable Housing Units"); 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; The Affordable Housing Units shall be in accordance with the following: at least one (1) of the Affordable Housing Units shall be a three-bedroom unit with a minimum unit size of 83.1 square metres and an average size of 83.1 square metres; at least twelve (12) of the affordable rental dwelling units shall be two-bedroom rental units with a minimum unit size of 58.3 square metres and an average size of 63.8 square metres; no more than sixteen (16) of the Affordable Housing Units shall be one-bedroom rental units with a minimum unit size of 44.8 square metres and an average size of 53.5 square metres; no more than thirty-two (32) of the Affordable Housing Units shall be studio rental units with a minimum unit size of 30 square metres and an average size of 35.4 square metres; the unit sizes described in recommendations 4.c.i to 4.c.iv 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; the Affordable Housing Units shall all be located on one contiguous floor within the podium of the development; the layouts of the Affordable Housing Units shall be to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat; the Affordable Housing Units shall be provided and maintained for a minimum period of ninety-nine (99 years) from the date the units are first occupied (the "Affordability Period"); 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; 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; after the first year of occupancy of any Affordable Housing Units, 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; notwithstanding the annual rent increases permitted in ix. above, the rent (inclusive of utilities) charged to any tenants occupying an Affordable Housing Unit 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; 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; the new Affordable Housing Units shall be made ready and available for occupancy no later than the date by which seventy (70) percent of the new market dwelling units 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; 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 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; 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; and the Owner shall provide all tenants of the Affordable Housing Units with air conditioning facilities on the same basis as other units within building in which the Affordable Housing Units are located at no extra charge; and 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. The Owner shall enter into an agreement with the Provider and the City, being the municipal housing project facility agreement (the "Contribution Agreement") referenced in Part 8, no later than 180 days after Zoning By-law Amendment(s) permitting the Development becomes final and binding or within such longer period of time as the City and the Owner may agree to, but in any case before Development Charges for the Affordable Housing Units would otherwise be due; 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 the discounted maximum total purchase price of $17,019,896 prior to the issuance of the first above grade building permit for the development, which APS shall be subject to the following terms: the APS shall be assignable by the City of Toronto to another Provider at the City of Toronto's sole discretion; and 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; The Owner and the Provider will enter into a shared facilities agreement for 99 years, on the following terms: the shared facilities agreement will allocate costs proportionately based on each party's actual share of the shared facilities; the Owner shall discount 50% of the Provider's share of the shared facilities costs under the shared facilities agreement for 99 years; 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 the shared facilities agreement shall otherwise be on commercially reasonably terms. 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 4. 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 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 30 percent of all new units in the proposed development as two-bedroom units; c. A privately owned publicly accessible open space (POPS) of approximately 200 square metres along Lake Shore Boulevard West and Windermere Avenue, 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, including retail/commercial spill out uses on terms and conditions 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 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 Development Site; e. The location of the amenity space will be determined through the Site Plan Approval process to the satisfaction of the Chief Planner and Executive Director, City Planning; f. 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; g. 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; h. The Owner shall submit financial contributions/payments in the form of a letter of credit or certified cheques, indexed upwards in accordance with the Construction Price Index from the date of the passing of the Zoning By-law Amendment and/or provide additional documentation for the implementation of a Transportation Demand Management (TDM) plan. These provisions include, but are not limited to: i. A payment of $50,000 for bike-share station implementation on-site or in the area surrounding the subject site; ii. A minimum of three (3) car-share spaces on-site; iii. One (1) car-share and/or bike-share membership per unit, offered for the first year of occupancy; and iv. A minimum of one (1) bike repair station/area provided on-site. 6. 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: City Council authorize the 61 affordable rental units to be constructed on the lands known as 1978-2002 Lake Shore Boulevard West to be eligible for waivers of fees for planning application, building permit, parkland dedication and development charges exemptions. City Council authorize an exemption from taxation for municipal and school purposes for 99 years, for the up to 61 affordable rental units to be constructed on the lands known as 1978-2002 Lake Shore Boulevard West. City Council authorize the Executive Director, Housing Secretariat to negotiate and enter into, on behalf of the City, a municipal housing project facility agreement (the "Contribution Agreement") with Winlake Developments Limited (or a related corporation) and/or Community Affordable Housing Solutions (or a related corporation), or a non-profit housing provider Owner approved by the Executive Director, Housing Secretariat, at their sole discretion (the "Provider"), for the development of the affordable housing to be constructed on the lands known as 1978-2002 Lake Shore Boulevard West, to secure the financial assistance being provided and to set out the terms of the operation of the new affordable rental housing, on terms and conditions satisfactory to the Executive Director, Housing Secretariat and in a form approved by the City Solicitor. 8. 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. 9. City Council authorize the Executive Director, Housing Secretariat to execute, on behalf of the City, any security or financing documents required by the Owner or the Provider to secure construction and conventional financing and subsequent refinancing, including any postponement, tripartite, confirmation of status, discharge or consent documents of any City security 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. 10. City Council authorize the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement City Council's decision. 11. 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. 12. 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 the Provider. 13. 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. 14. City Council request the Director, Community Planning, Toronto East York District, to confer with the previously established 1978-2002 Lake Shore Working Group on the future site plan control application for this development.
Staff recommendation as filed
The City Planning Division and Housing Secretariat recommend that: 1. City Council amend Zoning By-law 569-2013 for the lands at 1978-2002 Lake Shore Boulevard West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 5 to report (June 15, 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 require Marlin Springs (carrying on business as Winlake Developments Limited) (or a related corporation) ("the Owner") the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows: The Owner's section 37 contribution consists of providing and maintaining sixty-one (61) new affordable rental dwelling units on the lands at 1978-2002 Lake Shore Boulevard West (the "Affordable Housing Units"); 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; The Affordable Housing Units shall be in accordance with the following: at least one (1) of the Affordable Housing Units shall be a three-bedroom unit with a minimum unit size of 83.1 square metres and an average size of 83.1 square metres; at least twelve (12) of the affordable rental dwelling units shall be two-bedroom rental units with a minimum unit size of 58.3 square metres and an average size of 63.8 square metres; no more than sixteen (16) of the Affordable Housing Units shall be one-bedroom rental units with a minimum unit size of 44.8 square metres and an average size of 53.5 square metres; no more than thirty-two (32) of the Affordable Housing Units shall be studio rental units with a minimum unit size of 30 square metres and an average size of 35.4 square metres; the unit sizes described in recommendations 4.c.i to 4.c.iv 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; the Affordable Housing Units shall all be located on one contiguous floor within the podium of the development; the layouts of the Affordable Housing Units shall be to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat; the Affordable Housing Units shall be provided and maintained for a minimum period of ninety-nine (99 years) from the date the units are first occupied (the "Affordability Period"); 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; 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; after the first year of occupancy of any Affordable Housing Units, 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; notwithstanding the annual rent increases permitted in ix. above, the rent (inclusive of utilities) charged to any tenants occupying an Affordable Housing Unit 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; 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; the new Affordable Housing Units shall be made ready and available for occupancy no later than the date by which seventy (70) percent of the new market dwelling units 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; 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 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; 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; and the Owner shall provide all tenants of the Affordable Housing Units with air conditioning facilities on the same basis as other units within building in which the Affordable Housing Units are located at no extra charge; and 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. The Owner shall enter into an agreement with the Provider and the City, being the municipal housing project facility agreement (the "Contribution Agreement") referenced in Part 8, no later than 180 days after Zoning By-law Amendment(s) permitting the Development becomes final and binding or within such longer period of time as the City and the Owner may agree to, but in any case before Development Charges for the Affordable Housing Units would otherwise be due; 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 the discounted maximum total purchase price of $17,019,896 prior to the issuance of the first above grade building permit for the development, which APS shall be subject to the following terms: the APS shall be assignable by the City of Toronto to another Provider at the City of Toronto's sole discretion; and 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; The Owner and the Provider will enter into a shared facilities agreement for 99 years, on the following terms: the shared facilities agreement will allocate costs proportionately based on each party's actual share of the shared facilities; the Owner shall discount 50% of the Provider's share of the shared facilities costs under the shared facilities agreement for 99 years; 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 the shared facilities agreement shall otherwise be on commercially reasonably terms. 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 4. 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: The Owner shall provide a minimum of 10 percent of all new units in the proposed development as three-bedroom units; The Owner shall provide a minimum of 30 percent of all new units in the proposed development as two-bedroom units; A privately owned publicly accessible open space (POPS) of approximately 200 square metres along Lake Shore Boulevard West and Windermere Avenue, 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, including retail/commercial spill out uses on terms and conditions 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: The Owner will construct and maintain the Development 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 Development Site; The location of the amenity space will be determined through the Site Plan Approval process to the satisfaction of the Chief Planner and Executive Director, City Planning; 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; 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. The Owner shall submit financial contributions/payments in the form of a letter of credit or certified cheques, indexed upwards in accordance with the Construction Price Index from the date of the Section 37 Agreement and/or provide additional documentation for the implementation of a Transportation Demand Management (TDM) plan. These provisions include, but are not limited to: A payment of $50,000 for bike-share station implementation on-site or in the area surrounding the subject site; A minimum of three (3) car-share spaces on-site; One (1) car-share and/or bike-share membership per unit, offered for the first year of occupancy; and A minimum of one (1) bike repair station/area provided on-site 6. 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: City Council authorize the 61 affordable rental units to be constructed on the lands known as 1978-2002 Lake Shore Boulevard West to be eligible for waivers of fees for planning application, building permit, parkland dedication and development charges exemptions. City Council authorize an exemption from taxation for municipal and school purposes for 99 years, for the up to 61 affordable rental units to be constructed on the lands known as 1978-2002 Lake Shore Boulevard West. City Council authorize the Executive Director, Housing Secretariat to negotiate and enter into, on behalf of the City, a municipal housing project facility agreement (the "Contribution Agreement") with Winlake Developments Limited (or a related corporation) and/or Community Affordable Housing Solutions (or a related corporation), or a non-profit housing provider Owner approved by the Executive Director, Housing Secretariat, at their sole discretion (the "Provider"), for the development of the affordable housing to be constructed on the lands known as 1978-2002 Lake Shore Boulevard West, to secure the financial assistance being provided and to set out the terms of the operation of the new affordable rental housing, on terms and conditions satisfactory to the Executive Director, Housing Secretariat and in a form approved by the City Solicitor. 8. 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. 9. City Council authorize the Executive Director, Housing Secretariat to execute, on behalf of the City, any security or financing documents required by the Owner or the Provider to secure construction and conventional financing and subsequent refinancing, including any postponement, tripartite, confirmation of status, discharge or consent documents of any City security 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. 10. City Council authorize the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement City Council's decision. 11. 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. 12. 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 the Provider. 13. 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.
TE34.31amended
224-240 Adelaide Street West - Zoning By-law Amendment - Final Report
This report reviews and recommends approval of the application to amend the Zoning By-law to permit a 60-storey mixed-use building at 224-240 Adelaide Street West. The building is proposed to contain 1,489 square metres of non-residential uses (retail space) and 554 residential units. Four levels of underground parking is proposed with 63 vehicular parking spaces, 555 bicycle parking spaces and 2 loading spaces with access off of the public laneway from Duncan 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 224-240 Adelaide Street West, 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 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, 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 fist above-grade building permit, the owner shall make a cash contribution in the amount of $ 1,200,000 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 fist above-grade building permit, the owner shall make a cash contribution in the amount of $ 4,800,000 for the provision of Community Services and Facilities, parkland construction/improvements and/or streetscape improvements along Adelaide Street West and/or Duncan 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 contributions pursuant to Recommendation 3.a.i. and 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; 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. The construction and maintenance of the development in accordance with at least the Tier 1 performance measures of the Toronto Green Standard; iii. The conveyance to the City for nominal consideration of the required 0.72 metre strip of land between the existing commercial lane to the north of the subject site and the proposed building face for a lane widening to be dedicated to the City at no cost to the City, free and clear, above and below grade, of all easements, encumbrances and encroachments and in acceptable environmental condition, all to the satisfaction of the General Manager, Transportation Services; 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 224-240 Adelaide Street West 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 224-240 Adelaide Street West, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 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 is 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 fist above-grade building permit, the owner shall make a cash contribution in the amount of $ 1,200,000 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 fist above-grade building permit, the owner shall make a cash contribution in the amount of $ 4,800,000 for the provision of Community Services and Facilities, parkland construction/improvements and/or streetscape improvements along Adelaide Street West and/or Duncan 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 to the City; 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; 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. The construction and maintenance of the development in accordance with at least the Tier 1 performance measures of the Toronto Green Standard; iii. The conveyance to the City for nominal consideration of the required 0.72 metre strip of land between the existing commercial lane to the north of the subject site and the proposed building face for a lane widening to be dedicated to the City at no cost to the City, free and clear, above and below grade, of all easements, encumbrances and encroachments and in acceptable environmental condition, all to the satisfaction of the General Manager, Transportation Services; 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 224-240 Adelaide Street West before the second anniversary of the first day on which any part of the site specific by-law comes into effect.
TE34.32amended
254 - 260 Adelaide Street West - Zoning By-law Amendment - Final Report
This report reviews and recommends approval of the application to amend the Zoning By-law to permit a 61-storey mixed-use building at 254-260 Adelaide Street West. The proposed development includes commercial uses, a community agency space and a paramedic post within the first 2 levels and 813 residential dwelling units above. A target of 30 percent of the dwelling units are proposed to be provided as affordable rental units at 80% average market rent for a period of 99 years. Two levels plus mezzanine of underground parking are proposed with 97 parking spaces for residents. A total of 819 bicycle parking spaces are also proposed within the ground floor and mezzanine of the 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 254-260 Adelaide Street West, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (June 15, 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 direct the Executive Director, Housing Secretariat, to secure a minimum of 20 percent of the residential gross floor area as affordable rental housing for 99 years as part of the market sale for the lands at 254 - 260 Adelaide Street West. 4. 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 any building permit on the lands, the Owner shall enter into a municipal housing facility agreement (the City's "Contribution Agreement"), with the City for the delivery and operation of a minimum of 20 percent of the residential gross floor area as affordable rental housing for 99 years. ii. Prior to the earlier of condominium registration or first residential use on site, the owner shall design, construct, commission, finish and convey in fee simple to the City, in an environmental condition in accordance with all City policies, for nominal consideration and at no cost to the City, a minimum 925 square metres Community Agency Space located on levels one (156 metres) and two (770 metres) of the base building fronting Nelson Street and subject to the following: A. The Community Agency Space shall be delivered to the City in accordance with the City's Community Space Tenancy Policy in order to be leased by the City to an eligible non-profit organization and finished to Base Building Condition (shell space prior to final fitout), with the terms and specifications to be secured in the Section 37 Agreement, all satisfactory to 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; B. Prior to the conveyance of the Community Agency Space to the City, the owner shall provide a one-time cash contribution in the amount of $1,500,000.00 for total finishing costs of the community agency space; C. The financial contribution pursuant to Recommendation 4.a) ii. B. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto Census Metropolitan area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135-10, or its successor, calculated from the date of execution of the Agreement to the date of payment; and 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 and content satisfactory to the City Solicitor in consultation with the Executive Director, Social Development, Finance and Administration, the Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning. 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. iii. Prior to the earlier of condominium registration or first residential use on site, the owner shall design, construct, finish, commission and convey in fee simple to the City, in an environmental condition in accordance with all City policies, for nominal consideration and at no cost to the City, Paramedic Post comprising of a minimum of 110 square metres of interior space plus an adjacent two-bay ambulance parking area, measuring a minimum of 110 square metres with access from Nelson Street, all located on the ground floor, and subject to the following: A. The Paramedic Post shall be delivered to the City finished to Base Building Condition (shell space prior to final fitout), with the terms and specifications to be secured in the Section 37 Agreement, all satisfactory to the Executive Director, Corporate Real Estate Management, the Chief, Toronto Paramedic Services, the Chief Planner and Executive Director, City Planning and the City Solicitor; B. Prior to the conveyance of the Paramedic Post to the City, the owner shall provide a one-time cash contribution in the amount of $ 371,250 for total finishing costs of the Paramedic Post; C. The financial contribution pursuant to Recommendation 4.a. iii. B above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto Census Metropolitan area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135-10, or its successor, calculated from the date of execution of the Agreement to the date of payment; and D. The financial contribution pursuant to Recommendation 4 a. iii. C 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. The owner shall construct, provide and maintain a Privately-Owned and Publicly-Accessible Open Space ("POPS") at 254 - 260 Adelaide Street West with a minimum area of 301 square metres in the form of a promenade running through the site between Adelaide Street West and Nelson Street 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 A. 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, to the satisfaction of the City Solicitor, 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 4.a) iv. 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; and B. the owner shall prepare all documents and convey, a 5.5 metre wide public pedestrian access easement to the City, in a location generally described as a north/south access over the western portion of the site, between the northern edge of the "POPS" and Nelson Street, on terms to be set out in the Section 37 Agreement and with details of the location and final design to be determined and secured in the context of site plan approval for the development and that such easement lands be maintained by the owner at its sole cost. The conveyance of the easement shall be in priority to all title encumbrances, to the satisfaction of the City Solicitor, for nominal consideration and at no cost to the City all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor. 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. v. the following matters are also recommended to be secured in Section 37 Agreement as a legal convenience in support of the development: A. The design, construction, finishing, maintenance and provision of a minimum of 20% (with a target of thirty (30%) percent) of the total residential gross floor area as affordable rental housing dwelling units on the lands at 254-260 Adelaide Street West (the "Affordable Housing Units"), to the satisfaction of the Chief Planner and Executive Director, City Planning and Executive Director, Housing Secretariat, in accordance with the following terms: aa. the number of units, the unit types, minimum unit sizes, unit layouts and unit location shall be to the satisfaction of the Chief Planner and Executive Director, City Planning and Executive Director, Housing Secretariat and shall reflect, and in no event be less than, the minimum and average sizes of the market units; bb. the owner shall provide and maintain the Affordable Housing Units as secured rental dwelling units for 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. cc. 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 ; dd. 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; ee. 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 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; ff. notwithstanding the annual rent increases permitted in e. above, the rent (inclusive of utilities) charged to any first tenants or new 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; gg. 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 any new Affordable Housing Units being made available for rent, the owner shall develop and implement an Access Plan, which will outline how units will be rented to eligible households in consultation with, and to the satisfaction of, the Executive Director, Housing Secretariat; hh. the new Affordable Housing Units shall be made ready and available for occupancy no later than the date by which seventy percent (70 percent) of the market residential units on site 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; ii. the owner shall provide all tenants of the Affordable Housing Units with access to, and use of, all indoor and outdoor amenities in the development at no extra charge and on the same terms and conditions as any other resident of the mixed use building, without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings; jj. the owner shall provide all tenants of the Affordable Housing Units with laundry facilities no extra charge; and kk. 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 market residential on the site, to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat; and in accordance with the Zoning By-law. B. 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 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; C. 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 and Stormwater Management Report; ii. Updated Hydrogeological Report; iii. Servicing Report Groundwater Summary Form; and iv. Hydrogeological Review Summary Form. 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 construction and maintenance of the development in accordance with at least the Tier 2 performance measures of the Toronto Green Standard; F. In the event the City sells the lands municipally known as 260 Adelaide Street West to an arm's length entity prior to Site Plan Approval, the conveyance to the City for nominal consideration of the required 0.72 metre strip of land between the existing commercial lane to the east of the subject site and the proposed building face for a lane widening to be dedicated to the City at no cost to the City, free and clear, above and below grade, of all easements, encumbrances and encroachments and in acceptable environmental condition, all to the satisfaction of the General Manager, Transportation Services; G. In the event the City sells the lands municipally known as 260 Adelaide Street West to an arm's length entity prior to Site Plan Approval, the conveyance to the City for nominal consideration of the required 1.63 metre strip of land between the existing commercial lane to the west and south of the subject site and the proposed building face for a lane widening to be dedicated to the City at no cost to the City, free and clear, above and below grade, of all easements, encumbrances and encroachments and in acceptable environmental condition, all to the satisfaction of the General Manager, Transportation Services; 5. City Council authorizes the City Solicitor to make such stylistic and technical changes to the 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 254-260 Adelaide Street West before the second anniversary of the first day on which any part of the site specific by-law comes into effect. 7. City Council authorize the Executive Director, Housing Secretariat, to negotiate and execute a municipal housing facility agreement (the "Contribution Agreement") with the owner for the development of the Affordable Housing Units at 254-260 Adelaide Street West, 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. 8. 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 up to 244 affordable rental dwelling units at 254-260 Adelaide Street West from taxation for municipal and school purposes for the 99 year affordability period; b. City Council authorize the up to 244 new affordable rental dwelling units at 254-260 Adelaide Street West to be eligible for waivers of fees for planning applications, building permits and parkland dedication, and for development charges exemption, unless already paid. 9. 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 to complete pre-development activities, construction and secure 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. 10. 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.
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 254-260 Adelaide Street West, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to the report (June 15, 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 direct the Executive Director, Housing Secretariat, to secure a minimum of 20% of the residential gross floor area as affordable rental housing for 99 years as part of the market sale for the lands at 254 - 260 Adelaide Street West. 4. 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 any building permit on the lands, the Owner shall enter into a municipal housing facility agreement (the City's "Contribution Agreement"), with the City for the delivery and operation of a minimum of 20% of the residential gross floor area as affordable rental housing for 99 years. ii. Prior to the earlier of condominium registration or first residential use on site, the owner shall design, construct, commission, finish and convey in fee simple to the City, in an environmental condition in accordance with all City policies, for nominal consideration and at no cost to the City, a minimum 925 square metres Community Agency Space located on levels one (156 metres) and two (770 metres) of the base building fronting Nelson Street and subject to the following: A. The Community Agency Space shall be delivered to the City in accordance with the City's Community Space Tenancy Policy in order to be leased by the City to an eligible non-profit organization and finished to Base Building Condition (shell space prior to final fitout), with the terms and specifications to be secured in the Section 37 Agreement, all satisfactory to 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; B. Prior to the issuance of the first above grade building permit for any part of the lands, the owner shall provide a letter of credit in the amount sufficient to guarantee 120 percent of the estimated cost of the design and construction 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; C. Prior to the conveyance of the Community Agency Space to the City, the owner shall provide a one-time cash contribution in the amount of $1,500,000.00 for total finishing costs of the community agency space; D. The financial contribution pursuant to Recommendation 4.b. iii. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto Census Metropolitan area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135-10, or its successor, calculated from the date of execution of the Agreement to the date of payment; and E. 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 and content satisfactory to the City Solicitor in consultation with the Executive Director, Social Development, Finance and Administration, the Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning. 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. iii. Prior to the earlier of condominium registration or first residential use on site, the owner shall design, construct, finish, commission and convey in fee simple to the City, in an environmental condition in accordance with all City policies, for nominal consideration and at no cost to the City, Paramedic Post comprising of a minimum of 110 square metres of interior space plus an adjacent two-bay ambulance parking area, measuring a minimum of 110 square metres with access from Nelson Street, all located on the ground floor, and subject to the following: A. The Paramedic Post shall be delivered to the City finished to Base Building Condition (shell space prior to final fitout), with the terms and specifications to be secured in the Section 37 Agreement, all satisfactory to the Executive Director, Corporate Real Estate Management, the Chief, Toronto Paramedic Services, the Chief Planner and Executive Director, City Planning and the City Solicitor; B. Prior to the issuance of the first above grade building permit for any part of the lands, the owner shall provide a letter of credit in the amount sufficient to guarantee 120 percent of the estimated cost of the design and construction of the Paramedic Post 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; C. Prior to the conveyance of the Paramedic Post to the City, the owner shall provide a one-time cash contribution in the amount of $ 371,250 for total finishing costs of the Paramedic Post; D. The financial contribution pursuant to Recommendation 4.c. iii. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto Census Metropolitan area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135-10, or its successor, calculated from the date of execution of the Agreement to the date of payment; and E. Concurrent with or prior to, the conveyance of the Paramedic Post 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 in consultation with Executive Director, Corporate Real Estate Management, the Chief, Toronto Paramedic Services, the Chief Planner and Executive Director. 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 Paramedic Post. iv. The owner shall construct, provide and maintain a Privately-Owned and Publicly-Accessible Open Space ("POPS") at 254 - 260 Adelaide Street West with a minimum area of 301 square metres in the form of a promenade running through the site between Adelaide Street West and Nelson Street 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 A. 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, to the satisfaction of the City Solicitor, 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 4 d. 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; and B. the owner shall prepare all documents and convey, a 5.5 metre wide public pedestrian access easement to the City, in a location generally described as a north/south access over the western portion of the site, between the northern edge of the "POPS" and Nelson Street, on terms to be set out in the Section 37 Agreement and with details of the location and final design to be determined and secured in the context of site plan approval for the development and that such easement lands be maintained by the owner at its sole cost. The conveyance of the easement shall be in priority to all title encumbrances, to the satisfaction of the City Solicitor, for nominal consideration and at no cost to the City all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor. 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. v. the following matters are also recommended to be secured in Section 37 Agreement as a legal convenience in support of the development: A. The design, construction, finishing, maintenance and provision of a minimum of 20% (with a target of thirty (30%) percent) of the total residential gross floor area as affordable rental housing dwelling units on the lands at 254-260 Adelaide Street West (the "Affordable Housing Units"), to the satisfaction of the Chief Planner and Executive Director, City Planning and Executive Director, Housing Secretariat, in accordance with the following terms: aa. the number of units, the unit types, minimum unit sizes, unit layouts and unit location shall be to the satisfaction of the Chief Planner and Executive Director, City Planning and Executive Director, Housing Secretariat and shall reflect, and in no event be less than, the minimum and average sizes of the market units; bb. the owner shall provide and maintain the Affordable Housing Units as secured rental dwelling units for 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. cc. 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, 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 ; dd. 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% 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; ee. 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 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; ff. notwithstanding the annual rent increases permitted in e. above, the rent (inclusive of utilities) charged to any first tenants or new tenants occupying an Affordable Housing Unit during the 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 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; gg. 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 any new Affordable Housing Units being made available for rent, the owner shall develop and implement an Access Plan, which will outline how units will be rented to eligible households in consultation with, and to the satisfaction of, the Executive Director, Housing Secretariat; hh. the new Affordable Housing Units shall be made ready and available for occupancy no later than the date by which seventy percent (70%) of the market residential units on site 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; ii. the owner shall provide all tenants of the Affordable Housing Units with access to, and use of, all indoor and outdoor amenities in the development at no extra charge and on the same terms and conditions as any other resident of the mixed use building, without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings; jj. the owner shall provide all tenants of the Affordable Housing Units with laundry facilities no extra charge; and kk. 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 market residential on the site, to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat; and in accordance with the Zoning By-law. B. 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 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 General Manager, Transportation Services, in consultation with the Ward Councillor; C. 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 and Stormwater Management Report; ii. Updated Hydrogeological Report; iii. Servicing Report Groundwater Summary Form; and iv. Hydrogeological Review Summary Form. 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 construction and maintenance of the development in accordance with at least the Tier 2 performance measures of the Toronto Green Standard; F. In the event the City sells the lands municipally known as 260 Adelaide Street West to an arm's length entity prior to Site Plan Approval, the conveyance to the City for nominal consideration of the required 0.72 metre strip of land between the existing commercial lane to the east of the subject site and the proposed building face for a lane widening to be dedicated to the City at no cost to the City, free and clear, above and below grade, of all easements, encumbrances and encroachments and in acceptable environmental condition, all to the satisfaction of the General Manager, Transportation Services; G. In the event the City sells the lands municipally known as 260 Adelaide Street West to an arm's length entity prior to Site Plan Approval, the conveyance to the City for nominal consideration of the required 1.63 metre strip of land between the existing commercial lane to the west and south of the subject site and the proposed building face for a lane widening to be dedicated to the City at no cost to the City, free and clear, above and below grade, of all easements, encumbrances and encroachments and in acceptable environmental condition, all to the satisfaction of the General Manager, Transportation Services; 5. City Council authorizes the City Solicitor to make such stylistic and technical changes to the 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 254-260 Adelaide Street West before the second anniversary of the first day on which any part of the site specific by-law comes into effect. 7. City Council authorize the Executive Director, Housing Secretariat, to negotiate and execute a municipal housing facility agreement (the "Contribution Agreement") with the owner for the development of the Affordable Housing Units at 254-260 Adelaide Street West, 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. 8. 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 up to 244 affordable rental dwelling units at 254-260 Adelaide Street West from taxation for municipal and school purposes for the 99 year affordability period; b. City Council authorize the up to 244 new affordable rental dwelling units at 254-260 Adelaide Street West to be eligible for waivers of fees for planning applications, building permits and parkland dedication, and for development charges exemption, unless already paid. 9. 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 to complete pre-development activities, construction and secure 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. 10. 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.
TE34.33amended
The application proposes to amend the Railway Lands Central Secondary Plan and Railway Lands Central Zoning By-law to permit a mixed-use development with office, residential and retail uses in four buildings, including two office buildings and two residential buildings. The application also proposes to permit park and other open spaces uses over the rail corridor in the area between Blue Jays Way and the John Street/Rod Robbie pedestrian bridge. The office buildings are proposed to have heights of 50 storeys (262 metres) and 60 storeys (303 metres). The residential buildings are proposed to have heights of 50 storeys (186 metres) and 52 storeys (192 metres). The application proposes 832 rental dwelling units, of which 32 are proposed as affordable rental units. A total gross floor area of 340,422 square metres is proposed including 260,610 square metres of office floor area and 11,941 square metres of retail floor area. A child care centre accommodating 62 children is proposed. The application also includes two privately owned publicly-accessible spaces fronting onto Front Street West. A four-level underground garage and 688 vehicle and 2,007 bicycle parking spaces are proposed. 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 conforms with the Official Plan, Downtown Secondary Plan and Railway Lands Central Secondary Plan. The proposal presents an appropriate built form that is compatible with the surrounding context. The development includes purpose built rental housing, and significant office floor area expanding the Financial District promoting economic investment, in keeping with the Official Plan and Downtown Secondary Plan. The Official Plan amendment also provides opportunities for parkland and other open space uses over the rail corridor between Blue Jays Way and John Street/Rod Robbie Pedestrian bridge in keeping with the Downtown Secondary Plan and Railway Lands Central Secondary Plan. Approval of the development would also secure a number of community benefits including new affordable housing units consistent with the Official Plan. This report reviews and recommends approval of the proposed Official Plan and Zoning By-law Amendments. The report also recommends approval of Open Door Affordable Rental Program incentives for 32 new affordable rental homes in the development.
The Toronto and East York Community Council recommends that: 1. City Council amend the Railway Lands Central Secondary Plan, for the lands at 315 and 325 Front Street West and the rail corridor between Blue Jays Way and John Street/Rod Robbie pedestrian bridge, substantially in accordance with the draft Official Plan Amendment attached as Attachment 6 to the report (June 15, 2022) from the Director, Community Planning, Toronto and East York District. 2. City Council amend the Zoning By-law for the lands at 315 and 325 Front Street West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 7 to the report (June 15, 2022) from the Director, Community Planning, Toronto and East York District. 3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and 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. The community benefits recommended to be secured in the Section 37 Agreement are as follows: i. the design, construction, finishing, maintenance and provision of at least 32 affordable rental housing dwelling units comprised of at least 2,146 square metres of Gross Floor Area on the lands at 315 and 325 Front Street West (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, in accordance with the following terms: aa. at least 10 percent of the Affordable Housing Units shall be three-bedroom rental units with an average size of 102.79 square metres; bb. at least 30 percent of the Affordable Housing Units shall be two-bedroom rental units with an average size of 86.40 square metres; cc. at least 50 percent of the Affordable Housing Units shall be one-bedroom rental units with an average size of 53.79 square metres; dd. no more than 10 percent of the Affordable Housing Units shall be studio rental units with an average size of 37.75 square metres; ee. the minimum unit sizes shall be to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Executive Director, Housing Secretariat and shall reflect the minimum and average sizes of the market units in the new mixed use building; ff. the Affordable Housing Units shall be provided in Phase 1 of the development; gg. the location and layouts of the Affordable Housing Units shall be to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat; hh. the owner shall provide and maintain the Affordable Housing Units as secured rental dwelling units for a minimum period of 40 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; ii. 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; jj. 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; kk. 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 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; ll. notwithstanding the annual rent increases permitted in kk. above, the rent (inclusive of utilities) charged to any first tenants or new 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; mm. 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 any new Affordable Housing Units being made available for rent, the owner shall develop and implement an Access Plan which will outline how units will be rented to eligible households in consultation with, and to the satisfaction of, the Executive Director, Housing Secretariat; nn. the new Affordable Housing Units 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 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; oo. the owner shall provide all tenants of the Affordable Housing Units with access to, and use of, all indoor and outdoor amenities in the development at no extra charge and on the same terms and conditions as any other resident of the mixed use building, without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings; pp. the owner shall provide all tenants of the Affordable Housing Units with ensuite laundry facilities at no extra charge; qq. 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 rr. 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 agreements(s); ii. the design, construction, finishing, commissioning and equipping of a non-profit licensed child care facility to be located in the second floor of the building in Phase 1, to the satisfaction of the Chief Planner and Executive Director, City Planning, and the General Manager, Children's Services, to accommodate at a minimum 62 children, including infants, toddlers and preschoolers, comprising a minimum of 1,041 square metres of interior space and a minimum of 398 square metres of exterior space adjacent to the interior space including outdoor storage and six (6) parking spaces reserved for the exclusive use of the child care facility for pick-up/drop-off operations, (the "Child Care Centre"), including: aa. the strata conveyance of the Child Care Centre at no cost to the City, in fee simple, prior to first occupancy of any building within Phase 1 of the development; bb. on, or prior to the conveyance of the Child Care Centre, the City and the owner 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, or portions of the subject lands to be owned by the City and the owner as they pertain to the Child Care Centre; cc. a letter of credit in an amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and handover of the Child Care Centre complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the General Manager, Children's Services and the Chief Financial Officer and Treasurer, will be provided to the City prior to the issuance of the first above grade building permit for any building on Phase 1 of the development, to secure the Child Care Centre; dd. a one-time cash contribution in the amount of $150,000.00 to be used toward start-up costs to be paid prior to the issuance of the first above grade building permit for any building within Phase 1 of the development; ee. a one-time cash contribution in the amount of $150,000.00 to the Child Care Capital Reserve Fund, to replace appliances and large equipment due to wear and tear, to be paid prior to the issuance of the first above grade building permit for any building within Phase 1 of the development; ff. all financial contributions 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; gg. six (6) dedicated parking spaces will be provided free-of-charge for the exclusive use of the child care facility for pick-up/drop-off operations. These spaces to be assigned accordingly, and be located in close proximity to the elevators providing the shortest route between the underground parking garage and the Child Care Centre, which shall be barrier-free. A parking pass will be provided for officials conducting inspections of the child care facility; hh. any other details related to the Child Care Centre such as timing, location, obligations and any matters necessary to implement the Child Care Centre, which have not been addressed in the recommendations of this report will be finalized between the owner and the City and will be substantially in accordance with the City of Toronto's Child Care Development Guidelines (2021) and to the satisfaction of the Executive Director, Corporate and Real Estate Management, the General Manager, Children's Services, and the Chief Planner and Executive Director, City Planning, in consultation with the City Solicitor; iii. prior to the issuance of the first above-grade building permit, the owner shall make a contribution in the amount of $7,000,000.00 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: aa. a cash contribution of $6,000,000.00 towards land acquisition for parkland and/or capital improvements to parkland in the vicinity of the site; and bb. $1,000,000.00 for public art on the lands to be secured by a letter of credit in the City's standard form. The owner shall submit a Public Art Plan, prior to site plan approval, that is in accordance with the City's Percent for Public Art Guidelines to the satisfaction of the Chief Planner and Executive Director, City Planning and details of the public art process to the satisfaction of City Council. iv. All financial contributions in Recommendation 5.a.iii. aa. and bb. 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; v. In the event the contributions referred to in Recommendation 5a) iii. aa. and bb. above have not been used for the intended purpose within three (3) years of the 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 that the purpose is identified in the Toronto Official Plan and will benefit the community in Ward 10; b. the following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development: i. The owner shall construct, provide and maintain a Privately Owned Publicly-Accessible Space ("POPS") at 315 and 325 Front Street West with a minimum area of 400 square metres at the northeast area of the site along Front Street West 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 Site Plan Approval for the development to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor; and ii. The owner shall construct, provide and maintain a Privately Owned Publicly-Accessible Space ("POPS") at 315 and 325 Front Street West with a minimum area of 200 square metres near the entrance to the winter garden along Front Street West 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 Site Plan Approval for the development to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; and iii. Prior to the occupancy for any portion of the Phase 2 portion of the development, except as otherwise agreed by the Chief Planner Executive Director, City Planning, due to unforeseen delays (eg. Weather), prepare all documents and convey to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, in priority, and for nominal consideration, a public access easement in perpetuity in favour of the City over the two Privately Owned Publicly-Accessible Spaces set out in Recommendation 5b) i. and ii. above with terms set out in the Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; iv. the owner shall be responsible for the design, construction, provision and maintenance of a PATH connection through the proposed development, including the conveyance at nominal cost to the City of easement(s) for use by the general public, and shall provide knock-out panels in the lower levels of the development to provide for the extension of the PATH to the east and north of the site, with the details of the PATH connection and knock-out panels to be determined and secured at Site Plan Approval; v. the owner shall provide a minimum 3.0 metre wide public pedestrian easement to the City, on terms and conditions satisfactory to the City Solicitor, in a location generally described as a north to south access over the eastern portion of the site, from the proposed privately owned publicly-accessible space referred to in Recommendation 5. b) ii. above to the walkway adjacent to the south of the development, with details of the location and final design to be determined and secured in the context of Site Plan Approval for the development to the satisfaction of the Chief Planner and Executive Director, City Planning, and that such easement lands be maintained by the owner at its sole cost. The conveyance of the easement shall be at no cost to the City to the satisfaction of the City Solicitor and the owner shall be responsible to prepare, submit to the City for approval and deposit all required reference plans to describe the easement; vi. prior to the commencement of any excavation or shoring work, the owner shall submit a Construction Management Plan 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 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; vii. provisions that require, prior to the commencement of any demolition, excavation and shoring work, and prior to the first building permit the owner shall provide required easements and technical reports to the City for the purposes of reconstruction, maintenance, repair, protection and monitoring of the Transmission Watermain that traverses the site to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, as set out in Attachment 8 to the report (June 15, 2022) from the Director, Community Planning, Toronto and East York District; viii. provisions that require that the owner provide easements in relation to maintenance of the Blue Jays Way and John Street/Rod Robbie Pedestrian bridges. ix. The owner shall submit an updated Design and Engineering Analysis of the Rail Corridor Overbuild Structure, updated Air Quality Study, and a Sight Line Analysis for the John Street Interlocking Tower, at the time of Site Plan Approval for the overbuild structure to the satisfaction of the Chief Planner and Executive Director, City Planning; x. The owner shall submit updated Crash Wall Design Reports and Drawings, and an updated Noise and Vibration Impact Study, at the time of Site Plan Approval for the development, to the satisfaction of the Chief Planner and Executive Director, City Planning; and xi. 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, where appropriate, consistent with the performance standards of the Toronto Green Standards, applicable at the time of site plan application for each building on the site. 6. City Council authorize the Executive Director, Housing Secretariat, to negotiate and execute a municipal housing facility agreement (the "Contribution Agreement") with the owner for the development of the Affordable Housing Units at 315 and 325 Front Street West 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. 7. 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 32 affordable rental dwelling units at 315 and 325 Front Street West from taxation for municipal and school purposes for the 40-year Affordability Period; and b. City Council authorize the 32 new affordable rental dwelling units at 315 and 325 Front Street West to be eligible for waivers of fees for planning applications, building permits and parkland dedication, and for development charges exemptions, unless already paid. 8.City Council authorize the Executive Director, Housing Secretariat, on behalf of the City, to execute any security of financing documents, or any other documents required to facilitate the delivery of the Affordable Housing Units, including any documents required by the owner to complete pre-development activities, construction and secure 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. 9. City Council authorize all parkland dedication cash-in-lieu funds collected for 315 and 325 Front Street West, pursuant to Section 42 of the Planning Act to be allocated to contribute to new, expanded, and improved parkland opportunities within the vicinity that will produce new parkland with significant City-wide impact. 10. 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. 11. 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 the former Railway Lands Central Zoning By-law 1994-0806 in respect of the development at 315 and 325 Front Street West before the second anniversary of the day on which the Zoning By-law amendment in Recommendation 2 above is enacted.
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council amend the Railway Lands Central Secondary Plan, for the lands at 315 and 325 Front Street West and the rail corridor between Blue Jays Way and John Street/Rod Robbie pedestrian bridge, substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 6 to the report (June 15, 2022) from the Director, Community Planning, Toronto and East York District. 2. City Council amend the Zoning By-law for the lands at 315 and 325 Front Street West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 7 to the report (June 15, 2022) from the Director, Community Planning, Toronto and East York District. 3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and 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 issue 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. The community benefits recommended to be secured in the Section 37 Agreement are as follows: i. the design, construction, finishing, maintenance and provision of at least 32 affordable rental housing dwelling units comprised of at least 2,146 square metres of Gross Floor Area on the lands at 315 and 325 Front Street West (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, in accordance with the following terms: aa. at least 10 percent of the Affordable Housing Units shall be three-bedroom rental units with an average size of 102.79 square metres; bb. at least 30 percent of the Affordable Housing Units shall be two-bedroom rental units with an average size of 86.40 square metres; cc. at least 50 percent of the Affordable Housing Units shall be one-bedroom rental units with an average size of 53.79 square metres; dd. no more than 10 percent of the Affordable Housing Units shall be studio rental units with an average size of 37.75 square metres; ee. the minimum unit sizes shall be to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Executive Director, Housing Secretariat and shall reflect the minimum and average sizes of the market units in the new mixed use building; ff. the Affordable Housing Units shall be provided in Phase 1 of the development; gg. the location and layouts of the Affordable Housing Units shall be to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat; hh. the owner shall provide and maintain the Affordable Housing Units as secured rental dwelling units for a minimum period of 40 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; ii. 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; jj. 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% 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; kk. 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 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; ll. notwithstanding the annual rent increases permitted in kk. above, the rent (inclusive of utilities) charged to any first tenants or new tenants occupying an Affordable Housing Unit during the 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; mm. 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 any new Affordable Housing Units being made available for rent, the owner shall develop and implement an Access Plan which will outline how units will be rented to eligible households in consultation with, and to the satisfaction of, the Executive Director, Housing Secretariat; nn. the new Affordable Housing Units 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 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; oo. the owner shall provide all tenants of the Affordable Housing Units with access to, and use of, all indoor and outdoor amenities in the development at no extra charge and on the same terms and conditions as any other resident of the mixed use building, without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings; pp. the owner shall provide all tenants of the Affordable Housing Units with ensuite laundry facilities at no extra charge; qq. 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 rr. 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 agreements(s); ii. the design, construction, finishing, commissioning and equipping of a non-profit licensed child care facility to be located in the second floor of the building in Phase 1, to the satisfaction of the Chief Planner and Executive Director, City Planning, and the General Manager, Children's Services, to accommodate at a minimum 62 children, including infants, toddlers and preschoolers, comprising a minimum of 1,041 square metres of interior space and a minimum of 398 square metres of exterior space adjacent to the interior space including outdoor storage and six (6) parking spaces reserved for the exclusive use of the child care facility for pick-up/drop-off operations, (the "Child Care Centre"), including: aa. the strata conveyance of the Child Care Centre at no cost to the City, in fee simple, prior to first occupancy of any building within Phase 1 of the development; bb. on, or prior to the conveyance of the Child Care Centre, the City and the owner 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, or portions of the subject lands to be owned by the City and the owner as they pertain to the Child Care Centre; cc. a letter of credit in an amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and handover of the Child Care Centre complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the General Manager, Children's Services and the Chief Financial Officer and Treasurer, will be provided to the City prior to the issuance of the first above grade building permit for any building on Phase 1 of the development, to secure the Child Care Centre; dd. a one-time cash contribution in the amount of $150,000.00 to be used toward start-up costs to be paid prior to the issuance of the first above grade building permit for any building within Phase 1 of the development; ee. a one-time cash contribution in the amount of $150,000.00 to the Child Care Capital Reserve Fund, to replace appliances and large equipment due to wear and tear, to be paid prior to the issuance of the first above grade building permit for any building within Phase 1 of the development; ff. all cash contributions shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto calculated from the date of the Section 37 Agreement to the date of payment; gg. six (6) dedicated parking spaces will be provided free-of-charge for the exclusive use of the child care facility for pick-up/drop-off operations. These spaces to be assigned accordingly, and be located in close proximity to the elevators providing the shortest route between the underground parking garage and the Child Care Centre, which shall be barrier-free. A parking pass will be provided for officials conducting inspections of the child care facility; hh. any other details related to the Child Care Centre such as timing, location, obligations and any matters necessary to implement the Child Care Centre, which have not been addressed in the recommendations of this report will be finalized between the owner and the City and will be substantially in accordance with the City of Toronto's Child Care Development Guidelines (2021) and to the satisfaction of the Executive Director, Corporate and Real Estate Management, the General Manager, Children's Services, and the Chief Planner and Executive Director, City Planning, in consultation with the City Solicitor; iii. prior to the issuance of the first above-grade building permit, the owner shall make a contribution in the amount of $7,000,000.00 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: aa. a cash contribution of $6,000,000.00 towards land acquisition for parkland and/or capital improvements to parkland in the vicinity of the site; and bb. $1,000,000.00 for public art on the lands to be secured by a letter of credit in the City's standard form. The owner shall submit a Public Art Plan, prior to site plan approval, that is in accordance with the City's Percent for Public Art Guidelines to the satisfaction of the Chief Planner and Executive Director, City Planning and details of the public art process to the satisfaction of City Council. iv. All contributions referred to in Recommendation 5a) iii.aa. and bb., 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; v. In the event the contributions referred to in Recommendation 5 a) iii. aa. and bb. have not been used for the intended purpose within three (3) years of the 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 that the purpose is identified in the Toronto Official Plan and will benefit the community in Ward 10; b. the following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development: i. The owner shall construct, provide and maintain a Privately Owned Publicly-Accessible Space ("POPS") at 315 and 325 Front Street West with a minimum area of 400 square metres at the northeast area of the site along Front Street West 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 Site Plan Approval for the development to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor; and ii. The owner shall construct, provide and maintain a Privately Owned Publicly-Accessible Space ("POPS") at 315 and 325 Front Street West with a minimum area of 200 square metres near the entrance to the winter garden along Front Street West 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 Site Plan Approval for the development to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; and iii. Prior to the occupancy for any portion of the Phase 2 portion of the development, except as otherwise agreed by the Chief Planner Executive Director, City Planning, due to unforeseen delays (eg. Weather), prepare all documents and convey to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, in priority, and for nominal consideration, a public access easement in perpetuity in favour of the City over the two Privately Owned Publicly-Accessible Spaces set out in Recommendation 5 b) i. and ii. with terms set out in the Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; iv. the owner shall be responsible for the design, construction, provision and maintenance of a PATH connection through the proposed development, including the conveyance at nominal cost to the City of easement(s) for use by the general public, and shall provide knock-out panels in the lower levels of the development to provide for the extension of the PATH to the east and north of the site, with the details of the PATH connection and knock-out panels to be determined and secured at Site Plan Approval; v. the owner shall provide a minimum 3.0 metre wide public pedestrian easement to the City, on terms and conditions satisfactory to the City Solicitor, in a location generally described as a north to south access over the eastern portion of the site, from the proposed privately owned publicly-accessible space referred to in Recommendation 5. b) ii. to the walkway adjacent to the south of the development, with details of the location and final design to be determined and secured in the context of Site Plan Approval for the development to the satisfaction of the Chief Planner and Executive Director, City Planning, and that such easement lands be maintained by the owner at its sole cost. The conveyance of the easement shall be at no cost to the City to the satisfaction of the City Solicitor and the owner shall be responsible to prepare, submit to the City for approval and deposit all required reference plans to describe the easement; vi. prior to the commencement of any excavation or shoring work, the owner shall submit a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director City Planning, the 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; vii. provisions that require, prior to the commencement of any demolition, excavation and shoring work, and prior to the first building permit the owner shall provide required easements and technical reports to the City for the purposes of reconstruction, maintenance, repair, protection and monitoring of the Transmission Watermain that traverses the site to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, as set out in Attachment 8 to the report (June 15, 2022) from the Director, Community Planning, Toronto and East York District; viii. provisions that require that the owner provide easements in relation to maintenance of the Blue Jays Way and John Street/Rod Robbie Pedestrian bridges. ix. The owner shall submit an updated Design and Engineering Analysis of the Rail Corridor Overbuild Structure, updated Air Quality Study, and a Sight Line Analysis for the John Street Interlocking Tower, at the time of Site Plan Approval for the overbuild structure to the satisfaction of the Chief Planner and Executive Director, City Planning; x. The owner shall submit updated Crash Wall Design Reports and Drawings, and an updated Noise and Vibration Impact Study, at the time of Site Plan Approval for the development, to the satisfaction of the Chief Planner and Executive Director, City Planning; and xi. 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, where appropriate, consistent with the performance standards of the Toronto Green Standards, applicable at the time of site plan application for each building on the site. 6. City Council authorize the Executive Director, Housing Secretariat, to negotiate and execute a municipal housing facility agreement (the "Contribution Agreement") with the owner for the development of the Affordable Housing Units at 315 and 325 Front Street West 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. 7. 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 32 affordable rental dwelling units at 315 and 325 Front Street West from taxation for municipal and school purposes for the 40-year Affordability Period; and b. City Council authorize the 32 new affordable rental dwelling units at 315 and 325 Front Street West to be eligible for waivers of fees for planning applications, building permits and parkland dedication, and for development charges exemptions, unless already paid. 8.City Council authorize the Executive Director, Housing Secretariat, on behalf of the City, to execute any security of financing documents, or any other documents required to facilitate the delivery of the Affordable Housing Units, including any documents required by the owner to complete pre-development activities, construction and secure 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. 9. City Council authorize all parkland dedication cash-in-lieu funds collected for 315 and 325 Front Street West, pursuant to Section 42 of the Planning Act to be allocated to contribute to new, expanded, and improved parkland opportunities within the vicinity that will produce new parkland with significant City-wide impact. 10. 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. 11. 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 the former Railway Lands Central Zoning By-law 1994-0806 in respect of the development at 315 and 325 Front Street West before the second anniversary of the day on which the Zoning By-law amendment in Recommendation 2 above is enacted.
TE34.34amended
689 King Street West - Zoning By-law Amendment Application - Final Report
The application proposes to amend the Zoning By-law to permit the redevelopment of the site with a 18-storey hotel building fronting King Street West and a 11-storey hotel building closer to the rear of the site. The two hotel components would be connected by a 1-storey enclosed base building. A maximum total gross floor area of 13,241 square metres and a density of 8.32 times the area of the lot is proposed. A total of 25 vehicle parking spaces, 14 bicycle parking spaces, one Type B loading space and one Type B/C loading space would be provided within the ground level and two underground levels. Vehicular access to the site is proposed via an existing driveway on the east side of the site. 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 conforms with the Toronto Official Plan and Garrison Common North Secondary Plan. The proposal presents an appropriate built form and contribution to the public realm that is compatible with the surrounding context. It has been revised, since its initial submission, to reduce the built form impact on the adjacent properties by providing a west facing upper storey side stepback and reducing the height of the rear building. The application has addressed transportation related comments by incorporating an existing curb cut and providing a drop-off area along King Street West. This report reviews and recommends approval of the proposed Zoning By-law Amendment.
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 689 King Street West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (June 9, 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 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 require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows: a) Prior to the issuance of the first above-grade building permit, a cash contribution of $500,000 towards improvements to parkland and the adjacent public realm at Stanley Park, 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 3. 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 3. a. above have not been used for the intended purposes within 3 years of the By-laws 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; and d) Prior to Site Plan Approval, the owner shall submit, and thereafter implement, a Construction Management Plan to address matters such as wind, noise, dust, traffic mitigation, and street closures during construction, which shall be to the satisfaction of the General Manager, Transportation Services and Chief Planner and Executive Director, City Planning, and developed in consultation with the Ward Councillor. 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. 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 689 King Street West 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 689 King Street West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 5 to the report (June 9, 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 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 require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows: a) Prior to the issuance of the first above-grade building permit, a cash contribution of $500,000 towards improvements to parkland and the adjacent public realm at Stanley Park, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; b) All cash contributions referred to in Recommendation 3 i) shall be indexed upwardly in accordance with the Statistics Canada Construction Price Index for Toronto, calculated from the date of registration of the Section 37 Agreement to the date the payment is made; c) In the event the cash contributions referred to in Recommendation 3. a) have not been used for the intended purposes within 3 years of the By-laws 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; and d) Prior to Site Plan Approval, the owner shall submit, and thereafter implement, a Construction Management Plan to address matters such as wind, noise, dust, traffic mitigation, and street closures during construction, which shall be to the satisfaction of the General Manager, Transportation Services and Chief Planner and Executive Director, City Planning, and developed in consultation with the Ward Councillor. 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. 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 689 King Street West before the second anniversary of the first day on which any part of the site specific by-law comes into effect.
TE34.35amended
This application proposes to amend the Harbourfront Zoning By-law 289-93, as amended, to permit the redevelopment of the property at 200 Queens Quay West currently occupied with an 8 storey above-grade parking garage and provide for a new mixed-use development including residential, retail and public park uses. The development proposes a 59-storey building and 60,258 square metres of gross floor area of which 298 square metres is proposed as retail space. A total of 997 dwelling units are proposed, of which at least 76 and up to 79 are proposed as affordable rental housing units. A four level below grade garage is proposed with 340 vehicle parking spaces and 1,005 bicycle parking spaces. A 488 square metre public park is proposed on-site at the southeast corner of Lower Simcoe Street and Harbour Street. The application also proposes to amend parking requirements within the zoning by-law for nearby properties where this parking is situated within the existing garage on the site. This includes removing the requirement for recreational (public) parking for the subject site, 208 and 218 Queens Quay West and 8 York Street (Waterclub condominiums) and at 228 and 230 Queens Quay West (Riveriera condominiuns). A reduction in the amount of parking for 207 and 211 Queens Quay West (Queens Quay Terminal Building) is also proposed. Parking for the Queens Quay Terminal building as well as visitor parking for nearby properties including 208, 218 Queens Quay West and 8 York Street and 250 - 270 Queens Quay West, is proposed to continue to be provided within the new below-grade garage on the site. 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 conforms with the Official Plan and Central Waterfront Secondary Plan. The proposal presents an appropriate built form that is compatible with the surrounding context. The development includes affordable rental housing, as well as on-site public parkland and public realm enhancements in keeping with the Official Plan and Central Waterfront Secondary Plan. Approval of the development would secure a number of community benefits including new affordable housing units consistent with the Official Plan. This report reviews and recommends approval of the proposed Zoning By-law Amendment. The report also recommends the approval of Open Door Affordable Rental Housing Program incentives for at least 76 and up to 79 new affordable rental homes in the development.
The Toronto and East York Community Council recommends that: 1. City Council amend Harbourfront Zoning By-law 289-93, as amended, for the lands at 200, 208, 218, 228 and 230 Queens Quay West and 8 York Street West and By-law No. 93-81 for the lands at 207 and 211 Queens Quay West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 (June 13, 2022) to the report from the Director, Community Planning, Toronto and East York District, amended to reflect Recommendation 4.b.i. below. 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(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 as follows: a) The community benefits recommended to be secured in the Section 37 Agreement are as follows: i. the design, construction, finishing, maintenance and provision of at least 76 affordable rental housing dwelling units on the lands at 200 Queens Quay West (the "Affordable Housing Units") comprised of at least ten (10%) percent of the total residential Gross Floor area of the new mixed use building, all to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Executive Director, Housing Secretariat, in accordance with the following terms: aa. at least forty (40%) percent of the Affordable Housing Units shall be a two-bedroom or a three-bedroom rental dwelling unit, where at least ten (10%) percent of the Affordable Housing Units shall be a three-bedroom rental dwelling unit; bb. the minimum unit sizes shall be to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Executive Director, Housing Secretariat and shall reflect, and in no event be less than the minimum and average sizes of the market units in the new 59-storey mixed use building; cc. one-bedroom Affordable Housing Units shall have a minimum average unit size of 50 square metres, two-bedroom Affordable Housing Units shall have a minimum average unit size of 64.5 square metres, and three-bedroom Affordable Housing Units shall have a minimum average unit size of 83.5 square metres; dd. the location and layouts of the Affordable Housing Units shall be to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat; ee. the owner shall provide and maintain the Affordable Housing Units as secured rental dwelling units for a minimum period of 40 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; ff. 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; gg. 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% 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; hh. 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 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; ii. notwithstanding the annual rent increases permitted in hh. above, the rent (inclusive of utilities) charged to any first tenants or new tenants occupying an Affordable Housing Unit during the Affordability Period shall not be increased to an amount that exceeds 100 pecent 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; jj. The City's Centralized Affordable Housing Access System will be used to advertise and select tenants, provided it is in place, unless otherwise agreed to by the Executive Director, Housing Secretariat. In addition at least six months in advance of any new Affordable Housing Units being made available for rent, the owner shall develop and implement an Access Plan, which will outline how units will be rented to eligible households in consultation with, and to the satisfaction of, the Executive Director, Housing Secretariat; kk. the new Affordable Housing Units 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 59-storey mixed use 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; ll. the owner shall provide all tenants of the Affordable Housing Units with access to, and use of, all indoor and outdoor amenities in the development at no extra charge and on the same terms and conditions as any other resident of the mixed use building, without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings; mm. the owner shall provide all tenants of the Affordable Housing Units with ensuite laundry facilities no extra charge; nn. 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, subject to a maximum charge to the satisfaction of the Chief Planner and Executive Director, City Planning and in accordance with the Zoning By-law; and oo. 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 ("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). ii. the owner shall make a cash contribution in the amount of $250,000.00 to be allocated toward the following capital improvements at the discretion of the Chief Planner and Executive Director, City Planning in consultation wih the Ward Councillor; aa. prior to the issuance of the first above-grade building permit a cash contribution of $160,000.00 toward parkland improvements for parks in the vicinity of the site; and bb. at such time as the By-law comes into full force and effect, a cash contribution of $90,000.00 toward the Bentway Waterfront Reconnect project for improvements under the Gardiner Expressway at Lower Simcoe Street; which contributions shall be indexed upwardly in accordance with the Statistics Canada Construction Price Index for Toronto, calculated from the date of the passing of the Zoning By-law Amendment to the date the payment is made; and iii. in the event the cash contributions referred to in Recommendation 4.a) ii. aa. and bb. above have not been used for the intended purpose within three (3) years of the 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 that the purpose is identified in the Toronto Official Plan and will benefit the community in Ward 10. b) The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support the development: i. The owner shall convey to the City, an on-site parkland dedication contemplated by Section 42 of the Planning Act, having a minimum size of 488 square metres, situated in the west portion of the site, as shown generally on the Site Plan drawing A1.02 prepared by Walllman Architects, revision 3 dated March 18, 2022, to the satisfaction of the General Manager, Parks, Forestry and Recreation, and in accordance with the terms and conditions of parkland conveyance and construction as set out in the draft Zoning By-law Amendment in Attachment 6 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District, including provision that, based on a waiver of parkland dedication requirements for the Affordable Housing Units in accordance with Recommendation 6.b. below, the conveyance shall fully satisfy the owner's existing and future obligations with respect to all parkland conveyance and cash in lieu requirements with respect to the proposed development in accordance with the Zoning By-law Amendment;" and ii. acceptance of the on-site parkland dedication is subject to the owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances, and enroachments, 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; iii. prior to the earlier of the commencement of any excavation or shoring work, and issuance of the first building permit, the owner shall submit a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning, the 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. provisions that require, prior to site plan approval the owner shall make satisfactory arrangements with the Chief Engineer and Executive Director, Engineering and Construction Services to secure, pay for and construct improvements to the sanitary infrastructure in connection with the Functional Servicing and Stormwater Management Report, as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that upgrades and/or improvements are required to such infrastructure to support the development; v. provisions that require the owner to provide a minimum of 125 non-exclusive parking spaces within the parking garage for the development to address off-site parking obligations for properties at 208 and 218 Queens Quay West and 8 York Street, 207 and 211 Queens Quay West and 250, 260, and 270 Queens Quay West, on terms set out in the Section 37 agreement and to be secured in the context of Site Plan Approval to the satisfaction of the Director Community Planning, Toronto and East York District; and vi. 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, where appropriate, consistent with the performance standards of the Toronto Green Standards, applicable at the time of site plan application for each building on the site. 5. City Council authorize the Executive Director, Housing Secretariat, to negotiate and execute a municipal housing facility agreement (the "Contribution Agreement") with the owner for the development of the Affordable Housing Units at 200 Queens Quay West, 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. 6. 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 up to 79 affordable rental dwelling units at 200 Queens Quay West from taxation for municipal and school purposes for the 40-year Affordability Period; b) City Council authorize the up to 79 new affordable rental dwelling units at 200 Queens Quay West to be eligible for waivers of fees for planning applications, building permits and parkland dedication, and for development charges exemption, unless already paid. 7. 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 to complete pre-development activities, construction and secure 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. 8. 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. 9. In the event the owner elects to design and construct Above Base Park Improvements, City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation. The development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time. 10. 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 200 Queens Quay West 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 Harbourfront Zoning By-law 289-93, as amended, for the lands at 200, 208, 218, 228 and 230 Queens Quay West and 8 York Street West and By-law No. 93-81 for the lands at 207 and 211 Queens Quay West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 (June 13, 2022) to the report 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(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 as follows: a) The community benefits recommended to be secured in the Section 37 Agreement are as follows: i. the design, construction, finishing, maintenance and provision of at least 76 affordable rental housing dwelling units on the lands at 200 Queens Quay West (the "Affordable Housing Units") comprised of at least ten (10%) percent of the total residential Gross Floor area of the new mixed use building, all to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Executive Director, Housing Secretariat, in accordance with the following terms: aa. at least forty (40%) percent of the Affordable Housing Units shall be a two-bedroom or a three-bedroom rental dwelling unit, where at least ten (10%) percent of the Affordable Housing Units shall be a three-bedroom rental dwelling unit; bb. the minimum unit sizes shall be to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Executive Director, Housing Secretariat and shall reflect, and in no event be less than the minimum and average sizes of the market units in the new 59-storey mixed use building; cc. one-bedroom Affordable Housing Units shall have a minimum average unit size of 50 square metres, two-bedroom Affordable Housing Units shall have a minimum average unit size of 64.5 square metres, and three-bedroom Affordable Housing Units shall have a minimum average unit size of 83.5 square metres; dd. the location and layouts of the Affordable Housing Units shall be to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat; ee. the owner shall provide and maintain the Affordable Housing Units as secured rental dwelling units for a minimum period of 40 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; ff. 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; gg. 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% 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; hh. 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 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; ii. notwithstanding the annual rent increases permitted in hh. above, the rent (inclusive of utilities) charged to any first tenants or new tenants occupying an Affordable Housing Unit during the 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; jj. The City's Centralized Affordable Housing Access System will be used to advertise and select tenants, provided it is in place, unless otherwise agreed to by the Executive Director, Housing Secretariat. In addition at least six months in advance of any new Affordable Housing Units being made available for rent, the owner shall develop and implement an Access Plan, which will outline how units will be rented to eligible households in consultation with, and to the satisfaction of, the Executive Director, Housing Secretariat; kk. the new Affordable Housing Units 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 59-storey mixed use 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; ll. the owner shall provide all tenants of the Affordable Housing Units with access to, and use of, all indoor and outdoor amenities in the development at no extra charge and on the same terms and conditions as any other resident of the mixed use building, without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings; mm. the owner shall provide all tenants of the Affordable Housing Units with ensuite laundry facilities no extra charge; nn. 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, subject to a maximum charge to the satisfaction of the Chief Planner and Executive Director, City Planning and in accordance with the Zoning By-law; and oo. 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 ("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). iii. the owner shall make a cash contribution in the amount of $250,000.00 to be allocated toward the following capital improvements at the discretion of the Chief Planner and Executive Director, City Planning in consultation wih the Ward Councillor; aa. prior to the issuance of the first above-grade building permit a cash contribution of $160,000.00 toward parkland improvements for parks in the vicinity of the site; and bb. at such time as the By-law comes into full force and effect, a cash contribution of $90,000.00 toward the Bentway Waterfront Reconnect project for improvements under the Gardiner Expressway at Lower Simcoe Street; 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 iv. in the event the cash contributions referred to in Recommendation 4.a) iii. aa. and bb. have not been used for the intended purpose within three (3) years of the 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 that the purpose is identified in the Toronto Official Plan and will benefit the community in Ward 10. b) The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support the development: i. the owner shall convey to the City, an on-site parkland dedication contemplated by Section 42 of the Planning Act, having a minimum size of 488 square metres, situated in the west portion of the site, as shown generally on the Site Plan drawing A1.02 prepared by Wallman Architects, revision 3 dated March 18, 2022, to the satisfaction of the General Manager, Parks, Forestry and Recreation, and in accordance with the terms and conditions of parkland conveyance and construction as set out in the draft Zoning By-law Amendment in Attachment 6 to the report dated June 13, 2022 from the Director, Community Planning, Toronto and East York District; ii. acceptance of the on-site parkland dedication is subject to the owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances, and enroachments, 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; iii. prior to the earlier of the commencement of any excavation or shoring work, and issuance of the first building permit, the owner shall submit a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning, the 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. provisions that require, prior to site plan approval the owner shall make satisfactory arrangements with the Chief Engineer and Executive Director, Engineering and Construction Services to secure, pay for and construct improvements to the sanitary infrastructure in connection with the Functional Servicing and Stormwater Management Report, as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that upgrades and/or improvements are required to such infrastructure to support the development; v. provisions that require the owner to provide a minimum of 125 non-exclusive parking spaces within the parking garage for the development to address off-site parking obligations for properties at 208 and 218 Queens Quay West and 8 York Street, 207 and 211 Queens Quay West and 250, 260, and 270 Queens Quay West, on terms set out in the Section 37 agreement and to be secured in the context of Site Plan Approval to the satisfaction of the Director Community Planning, Toronto and East York District; and vi. 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, where appropriate, consistent with the performance standards of the Toronto Green Standards, applicable at the time of site plan application for each building on the site. 4. City Council authorize the Executive Director, Housing Secretariat, to negotiate and execute a municipal housing facility agreement (the "Contribution Agreement") with the owner for the development of the Affordable Housing Units at 200 Queens Quay West, 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. 5. 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 up to 79 affordable rental dwelling units at 200 Queens Quay West from taxation for municipal and school purposes for the 40-year Affordablity Period; b) City Council authorize the up to 79 new affordable rental dwelling units at 200 Queens Quay West to be eligible for waivers of fees for planning applications, building permits and parkland dedication, and for development charges exemption, unless already paid. 6. 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 to complete pre-development activities, construction and secure 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. 7. 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. 8. In the event the owner elects to design and construct Above Base Park Improvements, City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation. The development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time. 9. 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 200 Queens Quay West before the second anniversary of the first day on which any part of the site specific by-law comes into effect.
TE34.36adopted
178-180 Queens Quay East - Draft Plan of Subdivision Application - Final Report
This report advises that the Chief Planner and Executive Director, City Planning intends to approve the Draft Plan of Subdivision to divide 178-180 Queens Quay East into six blocks including a mixed use development parcel (Block 1), portions of a new east-west street between Richardson Street and Lower Sherbourne Street (Blocks 2 and 3), lands that will allow for the realignment and widening of Lower Sherbourne Street (Blocks 4 and 5), and a road widening for Queens Quay East (Block 6).
The Toronto and East York Community Council recommends that: 1. In accordance with the delegated approval under By-law 229-2000, as amended, City Council be advised that the Chief Planner and Executive Director, City Planning, intends to approve the Draft Plan of Subdivision as generally illustrated in Attachment 3 to the report (June 10, 2022), from the Director, Community Planning, Toronto and East York District, subject to: a. the conditions as generally listed in Attachment 4 to the report (June 10, 2022), from the Director, Community Planning, Toronto and East York District, which, except as otherwise noted, must be fulfilled prior to final approval and the release of the Plan of Subdivision for registration; and b. any such revisions to the proposed subdivision plan or any such additional modified conditions as the Chief Planner and Executive Director, City Planning, may deem to be appropriate to address matters arising from the ongoing technical review of this development.
Staff recommendation as filed
The City Planning Division recommends that: 1. In accordance with the delegated approval under By-law 229-2000, as amended, City Council be advised that the Chief Planner and Executive Director, City Planning, intends to approve the Draft Plan of Subdivision as generally illustrated in Attachment 3 to the report (June 10, 2022), from the Director, Community Planning, Toronto and East York District, subject to: a. the conditions as generally listed in Attachment 4 to the report (June 10, 2022), from the Director, Community Planning, Toronto and East York District, which, except as otherwise noted, must be fulfilled prior to final approval and the release of the Plan of Subdivision for registration; and b. any such revisions to the proposed subdivision plan or any such additional modified conditions as the Chief Planner and Executive Director, City Planning, may deem to be appropriate to address matters arising from the ongoing technical review of this development.
TE34.37amended
462 Wellington Street West and 489-539 King Street West Zoning Amendment - Final Report
This application proposes to amend the Zoning By-law to permit a 15-storey (50 metres inclusive of mechanical penthouse) mixed-use building with retirement residential uses, including independent, assisted living and memory care units and rooms, office and retail uses at 462 Wellington Street West. There is a designated heritage building on the west portion of the property known as the Northrop and Lyman Company Manufacturing Building that is proposed to be conserved and re-used for office and retail purposes. The proposal includes a total of 137 dwelling rooms and units and 7,561 square metres of non-residential floor area. A 230 square metre Privately Owned Publicly-Accessible Open Space (POPS) is proposed along the north portion of the site. The application also proposes the extension of the below-grade garage onto the adjacent property to the north at 485-539 King Street West to provide for a connection between the two buildings to facilitate a below-grade shared access for parking and loading purposes. 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 conforms with the Official Plan and King-Spadina Secondary Plan. The proposal conserves a significant heritage building, presents an appropriate built form that is compatible with the surrounding context, provides for retirement housing, and proposes public realm enhancements in keeping with the Official Plan and King- Spadina Secondary Plan. This report reviews and recommends approval of the proposed Zoning By-law Amendment.
The Toronto and East York Community Council recommends that: 1. City Council amend the Zoning By-law, for the lands at 462 Wellington Street West and 489 - 539 King Street West substantially in accordance with the draft Zoning By-law Amendment attached 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(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 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 of $900,000.00 to be allocated, to the following capital improvements, at the discretion of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor: aa. $720,000.00 towards the design and construction of the future park at 456 Wellington Street West; and bb. $180,00.00 for the provision of new affordable rental housing units in or the capital improvement of existing affordable housing in Ward 10, to be directed towards the City of Toronto's Capital Revolving Fund for Affordable Housing; ii. The financial contribution pursuant to Recommendations 4.a) i. aa. and bb. 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; iii. in the event the cash contributions referred to in Recommendation 4. a) i. aa. and bb. above have not been used for the intended purpose within three (3) years of the 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 that the purpose is identified in the Toronto Official Plan and will benefit the community in Ward 10; iv. the owner shall construct, provide and maintain a Privately Owned and Publicly-Accessible Open Space ("POPS") at 462 Wellington Street West with a minimum area of 230 square metres at the northern edge of the property 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 Site Plan Approval for the development to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; and b) The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support 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 Chief Planner and Executive Director, City Planning, 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 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; ii. prior to site plan approval, the owner shall make satisfactory arrangements with the Chief Engineer and Executive Director, Engineering and Construction Services to pay for and construct any improvements to the municipal infrastructure in connection with the site servicing assessment in the Functional Servicing and Stormwater Management Report(s), as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that upgrades and/or improvements are required to such infrastructure to support the development. 5. Before introducing the necessary bills to City Council, that Consent Application File No. 22-159727 STE 10 CO that proposes a permanent below-grade easement from the property at 489 - 539 King Street West to enable the extension of the below grade garage at 462 Wellington Street West to connect to the below-grade garage at 489 - 539 King Street West be approved by the Committee of Adjustment and such decision is final and binding. 6. City Council authorize the General Manager, Parks, Forestry and Recreation, in consultation with the Ward Councillor, to establish a process that promotes design excellence and distinction of the new park secured at 456 Wellington Street West, with the involvement of the Wellington Place Resident's Association, Condo Boards and Tenant Associations from neighbouring buildings, and other community stakeholders. 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 462 Wellington Street West 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 Zoning By-law, for the lands at 462 Wellington Street West and 489 - 539 King Street West substantially in accordance with the draft Zoning By-law Amendment attached 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(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 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 of $900,000.00 to be allocated, to the following capital improvements, at the discretion of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor: aa. $720,000.00 towards the design and construction of the future park at 456 Wellington Street West; and bb. $180,00.00 for the provision of new affordable rental housing units in or the capital improvement of existing affordable housing in Ward 10, to be directed towards the City of Toronto's Capital Revolving Fund for Affordable Housing; ii. All cash contributions referred to in Recommendation 4. a) i. aa. and bb. 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; iii. in the event the cash contributions referred to in Recommendation 4. a) i. aa. and bb. have not been used for the intended purpose within three (3) years of the 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 that the purpose is identified in the Toronto Official Plan and will benefit the community in Ward 10; iv. the owner shall construct, provide and maintain a Privately Owned and Publicly-Accessible Open Space ("POPS") at 462 Wellington Street West with a minimum area of 230 square metres at the northern edge of the property 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 Site Plan Approval for the development to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; and b) The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support 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 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; ii. prior to site plan approval, the owner shall make satisfactory arrangements with the Chief Engineer and Executive Director, Engineering and Construction Services to pay for and construct any improvements to the municipal infrastructure in connection with the site servicing assessment in the Functional Servicing and Stormwater Management Report(s), as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that upgrades and/or improvements are required to such infrastructure to support the development. 5. Before introducing the necessary bills to City Council, that Consent Application File No. 22-159727 STE 10 CO that proposes a permanent below-grade easement from the property at 489 - 539 King Street West to enable the extension of the below grade garage at 462 Wellington Street West to connect to the below-grade garage at 489 - 539 King Street West be approved by the Committee of Adjustment and such decision is final and binding. 6. City Council authorize the General Manager, Parks, Forestry and Recreation, in consultation with the Ward Councillor, to establish a process that promotes design excellence and distinction of the new park secured at 456 Wellington Street West, with the involvement of the Wellington Place Resident's Association, Condo Boards and Tenant Associations from neighbouring buildings, and other community stakeholders. 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 462 Wellington Street West before the second anniversary of the first day on which any part of the site specific by-law comes into
TE34.38adopted
110-116 Avenue Road - Zoning Amendment Application - Final Report
This report reviews and recommends approval of an application to amend the Zoning By-law to permit a 9-storey mixed-use building at 110-116 Avenue Road. The building is proposed to contain 45 dwelling units and 350 square metres of retail space and an underground parking garage containing 52 vehicle parking spaces and 46 bicycle parking spaces. The proposal contemplates the alteration of a heritage structure on the site, conserving the building in three-dimensional form. It also includes a new publicly-accessible driveway and pedestrian walkway that provides access from the public lane north of the site to Tranby Avenue.
The Toronto and East York Community Council recommends that: 1. City Council amend Zoning By-law 569-2013, for the lands at 110-116 Avenue 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 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 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. 4. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to: a. revise the Functional Servicing Report prepared by Counterpoint Engineering, dated April 29, 2022, to address the comments in the memorandum from Engineering and Constructions Services dated June 9, 2022, and re-submit to the City for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; 5. City Council require the owner to provide and implement an acceptable Tenant Relocation and Assistance Plan to mitigate hardship for eligible tenants of the existing three (3) rental dwelling units proposed to be demolished at 110 Avenue Road prior to the issuance of Notice of Approval Conditions (NOAC) for Site Plan Approval. The Tenant Relocation and Assistance Plan, including the final list of eligible tenants, shall be developed in consultation with, and to the satisfaction of, the City Solicitor and Chief Planner and Executive Director, City Planning. 6. City Council request the Chief Planner and Executive Director, City Planning, and the General Manager, Transportation Services to review the potential of widening Tranby Avenue to permit two-way traffic from Avenue Road to the proposed driveway on the site in consultation with the adjacent landowners and the Ward Councillor prior to Site Plan Approval.
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council amend Zoning By-law 569-2013, for the lands at 110-116 Avenue 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 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 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. 4. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to: a. revise the Functional Servicing Report prepared by Counterpoint Engineering, dated April 29, 2022, to address the comments in the memorandum from Engineering and Constructions Services dated June 9, 2022, and re-submit to the City for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; 5. City Council require the owner to provide and implement an acceptable Tenant Relocation and Assistance Plan to mitigate hardship for eligible tenants of the existing three (3) rental dwelling units proposed to be demolished at 110 Avenue Road prior to the issuance of Notice of Approval Conditions (NOAC) for Site Plan Approval. The Tenant Relocation and Assistance Plan, including the final list of eligible tenants, shall be developed in consultation with, and to the satisfaction of, the City Solicitor and Chief Planner and Executive Director, City Planning. 6. City Council request the Chief Planner and Executive Director, City Planning, and the General Manager, Transportation Services to review the potential of widening Tranby Avenue to permit two-way traffic from Avenue Road to the proposed driveway on the site in consultation with the adjacent landowners and the Ward Councillor prior to Site Plan Approval.
TE34.39amended
287-291 Christie Street - Official Plan and Zoning By-law Amendment Application - Final Report
This report reviews and recommends approval of the application to amend the Official Plan and Zoning By-law to permit a 6-storey residential building at 287-291 Christie Street. The building is proposed to contain 42 dwelling units totalling 3,335 square metres of gross floor area. At the rear of the site, 21 vehicular parking spaces accessed by the rear laneway are proposed to be located within a multi-level parking stacker.
The Toronto and East York Community Council recommends that: 1. City Council amend the City of Toronto Official Plan, for the lands at 287 Christie Street, substantially in accordance with the draft Official Plan Amendment attached as Attachment 5 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District. 2. City Council amend Zoning By-law 569-2013, for the lands at 287-291 Christie Street, 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. 3. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Official Plan and Zoning By-law Amendments, as may be required. 4. City Council direct that the owner submit the following materials to the City for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, at the owner's sole expense, either prior to Site Plan Approval or the first building permit for shoring and excavation: a. Functional Servicing and Stormwater Management Report; b. Hydrogeological Report; c. Servicing Report Groundwater Summary Form; and d. Hydrogeological Review Summary Form. 5. City Council direct that the owner pay for and construct any improvements to the municipal infrastructure, should it be determined that improvements to such infrastructure are required to support this development following the resubmission, review and acceptance of the Functional Servicing Report by the Chief Engineer and Executive Director, Engineering and Construction Services. This matter will be determined and secured through the Site Plan Control application process to the satisfaction of the Chief Planner and Executive Director, City Planning and the Chief Engineer and Executive Director, Engineering and Construction Services. 6. City Council direct that the owner provide design solutions to mitigate privacy and overlook issues on the eastern face of the proposed building to be secured as part of the Site Plan Control Application, to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor.
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council amend the City of Toronto Official Plan, for the lands at 287 Christie Street, substantially in accordance with the draft Official Plan Amendment attached as Attachment 5 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District. 2. City Council amend Zoning By-law 569-2013, for the lands at 287-291 Christie Street, 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. 3. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Official Plan and Zoning By-law Amendments, as may be required. 4. City Council direct that the owner submit the following materials to the City for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, at the owner's sole expense, either prior to Site Plan Approval or the first building permit for shoring and excavation: a) Functional Servicing and Stormwater Management Report; b) Hydrogeological Report; c) Servicing Report Groundwater Summary Form; and d) Hydrogeological Review Summary Form. 5. City Council direct that the owner pay for and construct any improvements to the municipal infrastructure, should it be determined that improvements to such infrastructure are required to support this development following the resubmission, review and acceptance of the Functional Servicing Report by the Chief Engineer and Executive Director, Engineering and Construction Services. This matter will be determined and secured through the Site Plan Control application process to the satisfaction of the Chief Planner and Executive Director, City Planning and the Chief Engineer and Executive Director, Engineering and Construction Services.
TE34.40amended
888 Dupont Street - Official Plan Amendment and Zoning Amendment Application - Final Report
This report reviews and recommends approval of the application to amend the Official Plan and Zoning By-laws to permit a 14-storey mixed-use building at 888 Dupont Street. The building is proposed to contain 155 dwelling units, including 20 affordable housing units and 2,028 square metres of non-residential uses including retail, commercial, and light industrial uses. All units will have exanded home occupation (live/work) permissions. A 179 square metres Privately Owned Publicly-Accessible space (POPS) is proposed along both the Dupont Street and Ossington Avenue frontages. A one-level underground parking garage is proposed with 18 vehicle parking spaces and 174 bicycle parking spaces. Also proposed is the preservation and relocation of the existing chimney stack with heritage value which will be integrated into the public realm at the building's entrance. The proposal is targeting Tier 2 of the Toronto Green Standards Version 3.
The Toronto and East York Community Council recommends that: 1. City Council amend the Official Plan for the property at 888 Dupont Street substantially in accordance with the draft Official Plan Amendment attached as Revised Attachment 5 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District. 2. City Council amend Zoning By-law 569-2013, for the property at 888 Dupont Street, 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. 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 authorizes the City Solicitor to make such stylistic and technical changes to the Official Plan and Zoning By-law Amendments as may be required. 5. City Council require the owner to enter into and register on title an agreement pursuant to Section 37 of the Planning Act and any other necessary agreement(s), in connection with 888 Dupont Street, all to the satisfaction of the Chief Planner and Executive Director, City Planning Division and the City Solicitor, as follows: a. the community benefits to be secured in the Section 37 Agreement are as follows: i. The owner shall provide and maintain twenty (20) new affordable rental housing dwelling units on the lands at 888 Dupont Street (the "Affordable Housing Units"), comprised of at least ten (10) percent of the total residential Gross Floor Area of the new 14-storey mixed use building, all to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Executive Director, Housing Secretariat, in accordance with the following terms: A. at least forty (40%) per cent of the Affordable Housing Units shall be a two-bedroom or a three-bedroom rental dwelling unit; B. one-bedroom Affordable Housing Units shall have a minimum unit size of 48.7 square metres and a minimum average unit size of 55 square metres and two-bedroom Affordable Housing Units shall have a minimum unit size of 60 square metres and a minimum average unit size of 67.3 square metres; C. the general configuration, location and layouts of the Affordable Housing Units shall be to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Executive Director, Housing Secretariat, provided that the Affordable Housing Units will be located in contiguous groupings of at least six rental units and that all the Affordable Housing Units will be located on the third floor or higher; D. the owner shall provide and maintain the Affordable Housing Units as rental dwelling units for a minimum period of forty (40) 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 or any other form of ownership housing such as life-lease or co-ownership which provide a right to exclusive possession of a dwelling unit, 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 Affordable Housing Units as rental dwelling units, unless and until such time as the owner has applied for, and obtained, all approvals necessary to do otherwise; E. the initial rent (inclusive of utilities) charged to the first tenants of any Affordable Housing Units shall not exceed 100percent 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; F. 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 100percent 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; G. 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 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; H. notwithstanding the annual rent increases permitted in 5.a) i. G.. above, the rent (inclusive of utilities) charged to any first tenants or new tenants occupying an Affordable Housing Unit during the Affordability Period shall not be increased to an amount that exceeds 100percent 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; I. 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 any new Affordable Housing Units being made available for rent, the owner shall develop and implement an Access Plan, which will outline how units will be rented to eligible households in consultation with, and to the satisfaction of, the Executive Director, Housing Secretariat; J. the new Affordable Housing Units to be constructed shall be made ready and available for occupancy no later than the date by which seventy (70) percent of the new dwelling units in the new mixed use 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; K. the owner shall provide all tenants of the Affordable Housing Units with access to, and use of, all indoor and outdoor amenities in the new mixed use building at no extra charge and on the same terms and conditions as any other resident of the mixed use building, without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings; L. the owner shall provide all of the Affordable Housing Units with central air conditioning and ensuite laundry facilities at no extra charge; M. the owner shall provide all tenants of the Affordable Housing Units with access to visitor parking and 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; N. 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); b. the following be secured in the Section 37 Agreement as a legal convenience as matters required to support development: i. the owner shall provide, prior to the earlier of Site Plan Approval or the issuance of any foundation permit, a more detailed Pedestrian Level Wind Study, including wind tunnel analysis report, to the satisfaction of the Chief Planner and Executive Director, City Planning, which shall include recommendations to mitigate wind impacts year-round for the pedestrian realm, including the POPS, new public park to the east, and the outdoor areas of the base buildings and outdoor amenity areas. The owner shall implement and maintain all recommended mitigation measures, in support of the development to the satisfaction of the Chief Planner and Executive Director, City Planning; ii. the owner shall provide an Interpretation Plan for the subject properties, to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning. iii. the owner shall provide ten (10%) percent of all net new residential units in the proposed development on the Lands as three-bedroom units; iv. 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. v. the owner shall provide a staging pad abutting the front of the Type G loading space of at least 13.6 square metres, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services. 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 passing of the Zoning By-law Amendment to the date of payment: A. The provision of a minimum of three (3) car-share parking spaces; 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. A payment of $50,000 to provide a new bike-share station on-site or in the area; D. One (1) car-share membership per unit, offered for the first year of occupancy; E. One (1) bike-share membership per unit, offered for the first five (5) years of occupancy; and F. One (1) Presto card per unit, pre-loaded with the value of a monthly pass, offered at the time of occupancy. vii. Prior to site plan approval and issuance of the first building permit, the owner shall revise and submit to the City, Landscape Plan and plan details, for review and acceptance, to the satisfaction of the Supervisor, Tree Protection and Plan Review, and address all comments made in the Urban Forestry memo dated May 20, 2022. 6. City Council authorize the Executive Director, Housing Secretariat to negotiate and execute the Contribution Agreement with the owner for the development of twenty (20) Affordable Housing Units at 888 Dupont Street 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. 7. 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 twenty (20) new affordable rental dwelling units at 888 Dupont Street from taxation for municipal and school purposes for the 40-year term of the municipal capital facility agreement; and b. City Council authorize the twenty (20) new affordable rental dwelling units at 888 Dupont Street to be eligible for waivers of fees for planning applications, building permits and parkland dedication, and for development charges exemptions, unless already paid. 8. 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 to complete pre-development activities, construction and secure 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. 9. 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.
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council amend the Official Plan for the property at 888 Dupont Street substantially in accordance with the draft Official Plan Amendment attached as Attachment 5 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District. 2. City Council amend Zoning By-law 569-2013, for the property at 888 Dupont Street, 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. 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 authorizes the City Solicitor to make such stylistic and technical changes to the Official Plan and Zoning By-law Amendments as may be required. 5. City Council require the owner to enter into and register on title an agreement pursuant to Section 37 of the Planning Act and any other necessary agreement(s), in connection with 888 Dupont Street, all to the satisfaction of the Chief Planner and Executive Director, City Planning Division and the City Solicitor, as follows: a. the community benefits to be secured in the Section 37 Agreement are as follows: i. The owner shall provide and maintain twenty (20) new affordable rental housing dwelling units on the lands at 888 Dupont Street (the "Affordable Housing Units"), comprised of at least ten (10) percent of the total residential Gross Floor Area of the new 14-storey mixed use building, all to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Executive Director, Housing Secretariat, in accordance with the following terms: A. at least forty (40%) per cent of the Affordable Housing Units shall be a two-bedroom or a three-bedroom rental dwelling unit; B. one-bedroom Affordable Housing Units shall have a minimum unit size of 48.7 square metres and a minimum average unit size of 55 square metres and two-bedroom Affordable Housing Units shall have a minimum unit size of 60 square metres and a minimum average unit size of 67.3 square metres; C. the general configuration, location and layouts of the Affordable Housing Units shall be to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Executive Director, Housing Secretariat, provided that the Affordable Housing Units will be located in contiguous groupings of at least six rental units and that all the Affordable Housing Units will be located on the third floor or higher; D. the owner shall provide and maintain the Affordable Housing Units as rental dwelling units for a minimum period of forty (40) 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 or any other form of ownership housing such as life-lease or co-ownership which provide a right to exclusive possession of a dwelling unit, 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 Affordable Housing Units as rental dwelling units, unless and until such time as the owner has applied for, and obtained, all approvals necessary to do otherwise; E. the initial rent (inclusive of utilities) charged to the first tenants of any Affordable Housing Units shall not exceed 100% 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; F. 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% 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; G. 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 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; H. notwithstanding the annual rent increases permitted in 5.a) i. G.. above, the rent (inclusive of utilities) charged to any first tenants or new tenants occupying an Affordable Housing Unit during the 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; I. 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 any new Affordable Housing Units being made available for rent, the owner shall develop and implement an Access Plan, which will outline how units will be rented to eligible households in consultation with, and to the satisfaction of, the Executive Director, Housing Secretariat; J. the new Affordable Housing Units to be constructed shall be made ready and available for occupancy no later than the date by which seventy (70) percent of the new dwelling units in the new mixed use 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; K. the owner shall provide all tenants of the Affordable Housing Units with access to, and use of, all indoor and outdoor amenities in the new mixed use building at no extra charge and on the same terms and conditions as any other resident of the mixed use building, without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings; L. the owner shall provide all of the Affordable Housing Units with central air conditioning and ensuite laundry facilities at no extra charge; M. the owner shall provide all tenants of the Affordable Housing Units with access to visitor parking and 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; N. 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); b. the following be secured in the Section 37 Agreement as a legal convenience as matters required to support development: i. the owner shall provide, prior to the earlier of Site Plan Approval or the issuance of any foundation permit, a more detailed Pedestrian Level Wind Study, including wind tunnel analysis report, to the satisfaction of the Chief Planner and Executive Director, City Planning, which shall include recommendations to mitigate wind impacts year-round for the pedestrian realm, including the POPS, new public park to the east, and the outdoor areas of the base buildings and outdoor amenity areas. The owner shall implement and maintain all recommended mitigation measures, in support of the development to the satisfaction of the Chief Planner and Executive Director, City Planning; ii. the owner shall provide an Interpretation Plan for the subject properties, to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning. iii. the owner shall provide ten (10%) percent of all net new residential units in the proposed development on the Lands as three-bedroom units; iv. 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. v. the owner shall provide a staging pad abutting the front of the Type G loading space of at least 13.6 square metres, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services. 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 three (3) car-share parking spaces; 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. A payment of $50,000 to provide a new bike-share station on-site or in the area; D. One (1) car-share membership per unit, offered for the first year of occupancy; E. One (1) bike-share membership per unit, offered for the first five (5) years of occupancy; and F. One (1) Presto card per unit, pre-loaded with the value of a monthly pass, offered at the time of occupancy. vii. Prior to site plan approval and issuance of the first building permit, the owner shall revise and submit to the City, Landscape Plan and plan details, for review and acceptance, to the satisfaction of the Supervisor, Tree Protection and Plan Review, and address all comments made in the Urban Forestry memo dated May 20, 2022. 6. City Council authorize the Executive Director, Housing Secretariat to negotiate and execute the Contribution Agreement with the owner for the development of twenty (20) Affordable Housing Units at 888 Dupont Street 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. 7. 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 twenty (20) new affordable rental dwelling units at 888 Dupont Street from taxation for municipal and school purposes for the 40-year term of the municipal capital facility agreement; and b. City Council authorize the twenty (20) new affordable rental dwelling units at 888 Dupont Street to be eligible for waivers of fees for planning applications, building permits and parkland dedication, and for development charges exemptions, unless already paid. 8. 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 to complete pre-development activities, construction and secure 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. 9. 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.
TE34.41adopted
661 and 663-665 Huron Street - 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 two-storey six-unit townhouse development at 661 and 663-665 Huron Street which is adjacent to a public lane. The proposed development will be located at the rear of two existing 2 1/2 storey multi-unit house-form buildings, which is also located on the site. The two existing 2 1/2 storey multi-unit house-form buildings with 19 rental dwelling units are on the Heritage Register and are proposed to be retained.
The Toronto and East York Community Council recommends that: 1. City Council amend Zoning By-law 569-2013, for the lands at 661 and 663-665 Huron Street, 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 amend City of Toronto Zoning By-law 438-86 for the lands at 661 and 663-665 Huron Street, 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. 3. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendments 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 661 and 663-665 Huron Street, 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 amend City of Toronto Zoning By-law 438-86 for the lands at 661 and 663-665 Huron Street, 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. 3. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendments as may be required.
TE34.42adopted
185 Balliol Street and 8 Pailton Crescent - Zoning By-law Amendment Application - Final Report
This report reviews and recommends approval of the application to amend Zoning By-laws 569-2013 and 438-86 to permit a 35-storey mixed-use building and a new 1,120.2 square metre park at 185 Balliol Street and 8 Pailton Crescent. The new park will be located along the Pailton Crescent frontage. The building is proposed to contain 437 dwelling units and 113.3 square metres of retail space. One level of underground parking is proposed with 71 vehicle parking spaces for residents and a total of 438 bicycle parking spaces.
The Toronto and East York Community Council recommends that: 1. City Council amend Zoning By-law 438-86, for the lands at 185 Balliol Street and 8 Pailton Crescent, 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 amend Zoning By-law 569-2013, for the lands at 185 Balliol Street and 8 Pailton Crescent, 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. 3. City Council authorizes 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 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 be issued until such time as the Section 37 Agreement is executed and registered. 5. City Council require the owner to provide the following: a. submission of a Functional Servicing Report to the City for review and acceptance by Engineering and Construction, prior to Site Plan Approval. The report 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. 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 and Stormwater Management Report; ii. Updated Hydrogeological 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 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; d. 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 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 General Manager, Transportation Services, in consultation with the Ward Councillor; and e. 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. 6. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act (the "Section 37 Agreement") to secure 654.1 square metres of additional land for parkland to be provided on the site above and beyond the requirements of Section 42 of the Planning Act, at nominal cost, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor; 7. The following matters to be secured in the Section 37 Agreement as a legal convenience to support development: a. 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; b. the owner shall provide a landscaped space with a minimum area of 370 square metres located along a section of the west property line of the new park; c. Prior to site plan approval, the owner must work with City staff to determine the final design and dimensions of the landscaped space described above, to promote soft landscaping and pedestrian connectivity. 8. In accordance with Section 42 of the Planning Act, prior to the issuance of the first above-grade building permit, the owner shall convey to the City, an on-site parkland dedication, having a minimum size of 1,120.2 square metres of parkland comprised of the required on-site parkland dedication pursuant to Section 42 of the Planning Act, together with additional land for parkland at nominal cost pursuant to Section 37 of the Planning Act), located on the corner of Balliol Street and Pailton Crescent, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor. 9. City Council approve the acceptance of an 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, with the exception of a sanitary sewer connection, 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. 10. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the applicant of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry & 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. 11. City Council authorize the City Solicitor and appropriate City staff to take such actions as are required to implement the recommendations above, including the execution and implementation of appropriate agreements.
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council amend Zoning By-law 438-86, for the lands at 185 Balliol Street and 8 Pailton Crescent, 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 amend Zoning By-law 569-2013, for the lands at 185 Balliol Street and 8 Pailton Crescent, 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. 3. City Council authorizes 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 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 be issued until such time as the Section 37 Agreement is executed and registered. 5. City Council require the owner to provide the following: a. submission of a Functional Servicing Report to the City for review and acceptance by Engineering and Construction, prior to Site Plan Approval. The report 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. 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 and Stormwater Management Report; ii. Updated Hydrogeological 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 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. d. 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 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 General Manager, Transportation Services, in consultation with the Ward Councillor. e. 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. 6. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act (the "Section 37 Agreement") to secure 654.1 square metres of additional land for parkland to be provided on the site above and beyond the requirements of Section 42 of the Planning Act, at nominal cost, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor; 7. The following matters to be secured in the Section 37 Agreement as a legal convenience to support development: a. 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; b. the owner shall provide a landscaped space with a minimum area of 370 square metres located along a section of the west property line of the new park; c. Prior to site plan approval, the owner must work with City staff to determine the final design and dimensions of the landscaped space described above, to promote soft landscaping and pedestrian connectivity. 8. In accordance with Section 42 of the Planning Act, prior to the issuance of the first above-grade building permit, the owner shall convey to the City, an on-site parkland dedication, having a minimum size of 1,120.2 square metres of parkland comprised of the required on-site parkland dedication pursuant to Section 42 of the Planning Act, together with additional land for parkland at nominal cost pursuant to Section 37 of the Planning Act), located on the corner of Balliol Street and Pailton Crescent, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor. 9. City Council approve the acceptance of an 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, with the exception of a sanitary sewer connection, 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. 10. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the 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. 11. 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.
TE34.43forwarded without recommendation
744-758 Mount Pleasant Road - 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 35-storey mixed use building at 744-758 Mount Pleasant Road. The building is proposed to contain 487 residential dwelling units and 300 square metres of retail space. Three levels of underground parking are proposed to accommodate 128 vehicle parking spaces and a total of 531 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 Zoning By-law 569-2013 for the lands at 744-758 Mount Pleasant 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 authorize the City Solicitor to submit the necessary bill(s) 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 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; and 6. 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. 7. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows: a) a financial contribution in the amount of $4,000,000.00 payable prior to the issuance of the first above-grade building permit, to go towards community services and facilities, parks, and/or streetscaping improvements that comply with the Streetscape Manual, to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager Parks, Forestry and Recreation, and the General Manager of Transportation Services; b) the amount will be indexed upwardly in accordance with the 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, or any other necessary agreement, to the date of payment which will be no later than issuance of first above grade building permits; c) in the event the cash contribution referred to in Recommendations 7.a) 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 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; and d) the following matters to be secured in the Section 37 Agreement as a legal convenience to support development are as follows: i. The provision by the owner of a 4.0 metre wide, open to the sky, publicly-accessible mid-block pedestrian connection, to be secured by means of a pedestrian easement, to be secured as part of the site plan control process, to the satisfaction of the Chief Planner and Executive Director, City Planning. ii. The owner agrees to consult with the Toronto District School Board and other neighbouring land owners as part of the Site Plan Control process to coordinate public and private open spaces and potentially integrate a school and other land uses across adjoining properties.
TE34.44forwarded without recommendation
1406-1428 Yonge Street - Official Plan and 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 1406-1428 Yonge Street. The building is proposed to contain 419 dwelling units and 73 square metres of retail space. The existing building at 1418-1428 Yonge Street will be conserved.
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 1406-1428 Yonge Street 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 District. 2. City Council amend Zoning By-law 569-2013 for the lands at 1406-1428 Yonge Street 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 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 are executed and registered. 4. 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. 5. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows: a) a financial contribution in the amount of $3,380,000.00 payable prior to the issuance of the first above-grade building permit, to go towards community services and facilities, parks, and/or streetscaping improvements that comply with the Streetscape Manual, to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager Parks, Forestry and Recreation, and the General Manager of Transportation Services; b) the amount will be indexed upwardly in accordance with the 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, or any other necessary agreement, to the date of payment which will be no later than issuance of first above grade building permits; and c) in the event the cash contribution referred to in Recommendations 5.a) 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 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. d) The following matters of convenience are also recommended to be secured in the Section 37 Agreement: i. As a condition of Site Plan approval, the owner agrees to submit a relocation strategy for the existing street tree currently located in front of the property at 1406 Yonge Street, to the satisfaction of the General Manager, Parks, Forestry and Recreation; ii. As a condition of 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 all recommended mitigation measures to the satisfaction of the Chief Planner and Executive Director, City Planning; iii. As a condition of Site Plan Approval, a Construction Management Plan and Neighbourhood Communication Strategy 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; iv. 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. As a condition of Site Plan Approval, the owner agrees to register a Limiting Distance Agreement between 1406-1428 Yonge Street, 1404 Yonge Street and the City of Toronto, to the satisfaction of the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning; vi. The owner shall provide an acceptable tenant relocation and assistance plan to all existing tenants of the four (4) rental dwelling units proposed to be demolished at 1406, 1408, 1414, 1418, 1428 (the "Lands"). The tenant relocation and assistance plan shall be consistent with the City's standard practices and developed in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning, addressing the following: aa. Minimum financial compensation and notice as required under the Residential Tenancies Act, 2006 when a tenant receives a notice of termination to terminate their tenancy for the purposes of demolition; bb. Additional compensation above and beyond Residential Tenancies Act, 2006 requirements including rent gap payments to mitigate hardship; cc. Additional notice of the date of termination of the each existing tenant's tenancy, above and beyond the minimum notice required under the Residential Tenancies Act, 2006; dd. A moving allowance of $1,500 for each existing tenant; and ee. Special needs compensation for any existing tenant who suffers from a physical and/or mental health challenge, and/or is sixty-five (65) years of age or older;
TE34.45amended
2323-2329 Yonge Street - 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 34-storey mixed use building at 2323-2329 Yonge Street. The building is proposed to contain 352 dwelling units and 6,651 square metres of non-residential space on levels 1-5, including 855 square metres of retail space at grade, and 5,796 square metres of office space on levels 2-5 which will replace and exceed the existing 5,295 square metres of existing office space on the site. An 11.0-metre building setback at-grade along Roehampton Avenue will provide an enhanced public realm and pedestrian animation zone. Two levels of underground parking are proposed with 60 vehicle parking spaces for residents and visitors and a total of 391 bicycle parking spaces.
The Toronto and East York Community Council recommends that: 1. City Council amend Zoning By-law 569-2013, for the lands at 2323-2329 Yonge Street, 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. 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 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 as follows: a. a financial contribution in the amount of $4,200,000.00 payable prior to the issuance of the first above-grade building permit, to go towards community services and facilities, parks, and/or streetscaping improvements that comply with the Streetscape Manual, to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager Parks, Forestry and Recreation, and the General Manager of Transportation Services; b. the financial contribution pursuant to Recommendation 5.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; and c. in the event the cash contribution referred to in Recommendations 5.a. 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 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. 6. City Council 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 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; b. Prior to the earlier of Site Plan Approval or the first building permit for shoring and excavation, the owner shall submitted 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; and iv. Hydrogeological Review Summary Form.
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council amend Zoning By-law 569-2013, for the lands at 2323-2329 Yonge Street, 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. 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 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 as follows: a) a financial contribution in the amount of $4,200,000.00 payable prior to the issuance of the first above-grade building permit, to go towards community services and facilities, parks, and/or streetscaping improvements that comply with the Streetscape Manual, to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager Parks, Forestry and Recreation, and the General Manager of Transportation Services; b) the amount will be indexed upwardly in accordance with the 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, or any other necessary agreement, to the date of payment which will be no later than issuance of first above grade building permits; and c) in the event the cash contribution referred to in Recommendations 5.a) 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 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. 6. City Council 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 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; b) Prior to the earlier of Site Plan Approval or the first building permit for shoring and excavation, the owner shall submitted 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; and iv. Hydrogeological Review Summary Form.
TE34.46amended
483-491 Bay Street and 20 Albert Street - Zoning Amendment - Final Report
This application proposes to amend Zoning By-law 438-86 to permit a 59-storey addition on top of an existing 10-storey office tower (69-storeys total) at 483-491 Bay Street and 20 Albert Street. The addition entails 3 new office floors and 56 new residential floors with 538 dwelling units. The gross floor area of the tower addition would be 45,276 square metres and the total gross floor area including the existing building would be 133,949 square metres. The proposed building would have a height of 226.63 metres including the mechanical penthouse. The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with the A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) and conforms to the City's Official Plan. The proposal is in keeping with the intent of the Toronto Official Plan, particularly as it relates to intensification in the Downtown, which is a designated growth area, in the form of a tall building which conforms to the Downtown Plan and generally conforms with the applicable guidelines. Staff worked with the applicant and the community to address and resolve various massing issues including appropriate tower heights and massing. This report reviews and recommends that Council approve the Zoning by-law amendment application.
The Toronto and East York Community Council recommends that: 1. City Council amend Zoning By-law 438-86 for the lands at 483-491 Bay Street and 20 Albert Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the June 6, 2022 report 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. Before introducing the necessary Bill to City Council for enactment, City Council require the owner to: a. enter into an Agreement pursuant to Section 37 of the Planning Act, and any other necessary agreements, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor securing the matters identified in Recommendations 4 at the owner's expense, with such Agreement(s) to be registered on title to the lands at 483-491 Bay Street and 20 Albert Street in a manner satisfactory to the City Solicitor; b. make satisfactory arrangements to withdraw its appeals to Official Plan Amendment 352, being the Downtown Tall Buildings Setback Area Specific Policy and the associated Zoning By-laws 1106-2016 and 1107-2016, as they relate to the subject lands. 4. City Council direct that the owner be required to enter into an Agreement pursuant to Section 37 of the Planning Act to secure the following community benefits at the owner's expense, as follows: a. a cash contribution of three million two hundred thousand dollars ($ 3.2 million) dollars to be allocated toward: i. $1,200,000.00 for capital improvements to new or existing City-owned affordable housing, community, cultural and/or recreation facilities; and ii. $2,000,000.00 to local area streetscape and park improvements b. The financial contributions 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; and c. In the event the cash contribution referred to in this section has not been used for the intended purposes within three years of the By-law coming into full force and effect, the cash contribution may be redirected for other purposes, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose(s) is identified in the Toronto Official Plan and will benefit the community in the vicinity of the site. 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. prior to the commencement of any excavation or shoring work, 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; b. 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. 6. City Council direct the Director, Community Planning, Toronto and East York District and the applicant, in consultation with City Planning, Transportation Services, Parks, Forestry and Recreation and any other necessary City officials, to create a working group and to consult with the local community as part of the Site Plan process, including the local residents association, Business Improvement Area, and other stakeholders, on the following prior to the issuance of Final Site Plan Approval pursuant to Section 114 of the City of Toronto Act: a construction and traffic management plan, landscape and public realm plans, building materials and lighting, and other issues as identified in consultation with the Ward Councillor.
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council amend Zoning By-law 438-86 for the lands at 483-491 Bay Street and 20 Albert Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No.5 to the June 6, 2022 report 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. Before introducing the necessary Bill to City Council for enactment, City Council require the owner to: a) enter into an Agreement pursuant to Section 37 of the Planning Act, and any other necessary agreements, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor securing the matters identified in Recommendations 4 at the owner's expense, with such Agreement(s) to be registered on title to the lands at 483-491 Bay Street and 20 Albert Street in a manner satisfactory to the City Solicitor; b) make satisfactory arrangements to withdraw its appeals to Official Plan Amendment 352, being the Downtown Tall Buildings Setback Area Specific Policy and the associated Zoning By-laws 1106-2016 and 1107-2016, as they relate to the subject lands. 4. City Council direct that the owner be required to enter into an Agreement pursuant to Section 37 of the Planning Act to secure the following community benefits at the owner's expense, as follows: a) a cash contribution of three million two hundred thousand dollars ($ 3.2 million) dollars to be allocated toward: i. $1,200,000.00 for capital improvements to new or existing City-owned affordable housing, community, cultural and/or recreation facilities; and ii. $2,000,000.00 to local area streetscape and park improvements b) the cash contribution referred to in Recommendation 4(a) 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) In the event the cash contribution referred to in this section has not been used for the intended purposes within three years of the By-law coming into full force and effect, the cash contribution may be redirected for other purposes, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose(s) is identified in the Toronto Official Plan and will benefit the community in the vicinity of the site. 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) prior to the commencement of any excavation or shoring work, 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; b) 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.
TE34.47amended
506-516 Church Street - Official Plan and Zoning By-law Amendment Application - Final Report
This report reviews and recommends approval of the application to amend the Official Plan and Zoning By-law to permit a 14-storey mixed-use building at 506-516 Church Street. The building is proposed to contain 165 dwelling units and 798 square metres of retail space. Two levels of underground parking are proposed with 23 vehicle parking spaces for residents, 9 vehicle parking spaces for visitors, and a total of 176 bicycle parking spaces. A portion of the existing building at 508-510 Church Street will be retained and integrated into the new building.
The Toronto and East York Community Council recommends that: 1. City Council amend the Official Plan, for the lands at 506-516 Church Street substantially in accordance with the draft Official Plan Amendment attached as Attachment 6 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District. 2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 506-516 Church Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 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 issue until such time as the Section 37 Agreement and the Heritage Easement Agreement are executed and registered. 4. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan or draft Zoning By-law Amendment as may be required. 5. 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. Prior to the issuance of the first above-grade building permit for the development, the owner shall make a cash contribution of $1,600,000.00 to be allocated towards local streetscape and laneway improvements for Donna Shaw Lane and Alexander Place; a.ii. The financial contribution pursuant to Recommendation 5.a.i. 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; iii. In the event the cash contribution referred to in Recommendation 5.a.i. above, has not been used for the intended purpose within three (3) years of the 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 that the purpose is identified in the Toronto Official Plan and will benefit the community in Ward 13; iv. The Owner commits to offer each commercial unit to the existing tenants (who occupy any commercial space on site as of July 15, 2022) prior to entering into negotiations with any other prospective tenant. The terms of any lease signed by a non-existing tenant who fist occupies space in the building must be substantially similar to the offer provided to the existing tenants. The Owner will offer each commercial unit to all existing tenants on the same day and they shall have 30 days to accept the proposed terms. If more than one existing tenant accepts the same unit then it shall be at the sole discretion of the Owner to select the existing tenant whom it wishes to enter into a lease with. An existing tenant who has defaulted on their lease at any time shall be excluded from this provision. For additional clarity, these provisions only apply to the initial non-residential occupancy; and v. At the end of the offer period for the existing tenants described above the owner shall notify the local Ward Councillor about vacancies for the commercial units, if any. The local Ward Councillor, or a group established by the Councillor comprised of members of the local community, organizations and agencies, shall have 30 days from receiving notice of any vacancies from the Owner to seek interest from perspective commercial tenants to lease the vacant commercial units in the building. The Owner shall consider any prospective tenants put forward within this 30-day period, before entering into a lease for any of the vacant commercial units with any other prospective tenants, with the final determination of any tenants to occupy space in the building to be at the sole discretion of the Owner.
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council amend the Official Plan, for the lands at 506-516 Church Street substantially in accordance with the draft Official Plan Amendment attached as Attachment 6 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District. 2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 506-516 Church Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 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 issue until such time as the Section 37 Agreement and the Heritage Easement Agreement are executed and registered. 4. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan or draft Zoning By-law Amendment as may be required. 5. 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. Prior to the issuance of the first above-grade building permit for the development, the owner shall make a cash contribution of $1,600,000.00 to be allocated towards local streetscape and laneway improvements for Donna Shaw Lane and Alexander Place; ii. All cash contributions referred to in Recommendation 5.a)i 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; iii. In the event the cash contribution referred to in Recommendation 5.a)i above, has not been used for the intended purpose within three (3) years of the 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 that the purpose is identified in the Toronto Official Plan and will benefit the community in Ward 13.
TE34.48amended
This report review and recommends approval of the application to amend the Zoning By-law to permit two new buildings on the site at 333-351 King Street East and 200 Front Street East. The proposed development includes a 37-storey residential building (140 metres tall, including mechanical penthouse) on the west side of the site and a 28-storey office building (127 metres tall, including mechanical penthouse) in the centre of the site. The lower level of the new office building would replace some of the existing retail uses fronting on Front Street East. The existing Globe and Mail Centre, Coca-Cola/George Brown building and existing buildings fronting on King Street East would remain in place. The proposal also includes two privately owned publicly-accessible spaces fronting onto Front Street East, and a child care facility with outdoor space on the second floor of the proposed office building.
The Toronto and East York Community Council recommends that: 1. City Council amend Zoning By-law 569-2013 for the lands at 333-351 King Street East and 200 Front Street East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to the report (June 15, 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 Official Plan and Zoning By-law Amendments as may be required. 3. 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, in a form satisfactory to the City Solicitor to secure the following: a. Community benefits: i. Prior to issuance of any first above-grade building permit, the Owner shall elect to provide one of the following: A. prior to the issuance of the first above-grade building permit for any building on the Subject Site, the owner shall pay a cash contribution of five million dollars ($5,000,000) to be allocated as follows: 1. $1,666,666.67 towards new and/or existing affordable housing within Ward 13, in consultation with the Ward Councillor; 2. $1,666,666.67 towards local area park or streetscape improvements located within Ward 13 and within the vicinity of the subject lands, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, the General Manager, Parks, Forestry and Recreation and the General Manager, Transportation Services; and 3. $1,666,666.67towards community, cultural or recreational facilities capital improvements within Ward 13, in consultation with the Ward Councillor; OR B. the provision of a non-profit licensed Child Care Centre to be located in the base building of the Central Office Tower on the lands, comprising a minimum of 942 square metres of interior space and approximately 308 square metres of exterior space adjacent to the interior space, including outdoor storage, and the provision for a child pick-up and drop-off area, with the precise location, capacity and related matters to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the General Manager, Children Services and such Child Care Centre shall generally be in accordance with the following: 1. shall be constructed, finished, furnished and equipped by the owner, including a minimum of five (5) parking spaces for the use of the Child Care Centre for pick-up/drop-off operations with two (2) to three (3) spaces dedicated for staff and visitors. These spaces to be assigned accordingly, and their location will be identified through the site plan approval process for the development, to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Children's Services; 2. prior to the issuance of any above grade building permit for any portion of the lands, a letter of credit in the amount sufficient to guarantee 120% of the estimated cost of the design, construction and handover of the Child Care Centre, indexed upwardly and calculated from the date City Council adopts the zoning bylaw amendment, complying with the specifications and requirements of the Section 37 Agreement, shall be provided to the City to the satisfaction of the General Manager, Children's Services and the Chief Financial Officer and Treasurer; 3. prior to the earlier of occupancy of the building in which the Child Care Centre is located and/or registration of any condominium for the building in which the Child Care Centre is located, the Child Care Centre shall be conveyed to the City, at no cost to the City, in fee simple, in an acceptable environmental condition to the satisfaction of the Executive Director, Corporate and Real Estate Management and City Solicitor; 4. the details of the other matters as described in these Recommendations, such as timing, location, obligations (including financial obligations), and any such matters to implement the Child Care Centre, in respect of the non-profit licensed Child Care Centre community benefit will be finalized between the owner and the City and will be substantially in accordance with the City of Toronto's Child Care Development Guidelines (2021) and to the satisfaction of the Executive Director, Corporate and Real Estate Management, the General Manager, Children's Services, and the Chief Planner and Executive Director, City Planning, in consultation with the City Solicitor; and 5. on, or prior to, the conveyance of the Child Care Centre, the City and the owner 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 Child Care Centre, and the development to be constructed within the base building of the development; 6. prior to the conveyance of the Child Care Centre, the owner shall provide one-time cash contributions in support of the Child Care Centre, allocated generally as follows: a. a one-time cash contribution in the amount of $250,000.00 to the City's Child Care Capital Reserve Fund to be used towards Start-Up Operating Costs, to replace appliances and large equipment due to wear and tear, and to support ongoing financial viability, to be paid prior to the child care facility being made available to the City; b. a one-time cash contribution in the amount of $250,000.00 to the future child care operator towards toys, furnishing and equipment in accordance with provincial and municipal standards based on a mutually agreeable inventory list provided by the Child Care Centre Operator and/or the General Manager, Children's Services, which will be finalized and approved by the General Manager of Children's Services; ii The financial contributions pursuant to Recommendations 3.a.i.A., 3.a.i.B.6.a. and 3.a.i.B.6.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 iii. streetscape improvements on Front Street East not adjacent to the Subject Site, generally as shown in the drawing titled "Final Layout Plan" attached as Attachment No. 1 to the report (December 14, 2021) from the Director, Planning and Capital Program, Transportation Services, and attached as Attachment No. 8 to the report (June 15, 2022) from the Director, Community Planning, Toronto and East York District, with the details of such improvements (including the location, dimensions, configuration and design) to be secured as part of and through the Site Plan Approval process for the Development to the satisfaction of the Chief Planner and Executive Director, City Planning Division and the General Manager, Transportation Services, in consultation with the Ward Councillor in accordance with the following: iii. a letter of credit in the amount of $2,000,000, indexed upwardly and calculated from the date City Council adopts the zoning by-law amendment, shall be provided to the City prior to the first above-grade building permit with such improvements to be completed prior to occupancy or as otherwise agreed to by the Chief Planner and Executive Director, City Planning Division with any unused funds allocated towards capital facilities in the vicinity of the site at the discretion of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor ; b. Matters of legal convenience to support the development: i. The owner shall: A. construct, provide and maintain, at its own expense, two Privately-Owned and Publicly-Accessible Spaces ("POPS") on 333-351 King Street East and 200 Front Street East with minimum areas of 1,100 square metres and 400 square metres and fronting onto Front Street East with the specific location, configuration and design to be determined and secured in the context of Site Plan Approval to the satisfaction of the Chief Planner and Executive Director, City Planning; and B. prepare all documents and convey, free and clear of encumbrances and for nominal consideration, a public access easement, including support rights, in perpetuity in favour of the City over the Privately-Owned and Publicly-Accessible Spaces ("POPS"), on terms set out in the Section 37 Agreement, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; ii. The owner shall alter, at no cost to the City, the portion of the Front Street East right-of-way adjacent to the Subject Site, generally as shown in the drawing titled "Final Layout Plan" attached as Attachment No. 1 to the report (December 14, 2021) from the Director, Planning and Capital Program, Transportation Services, and attached as Attachment No. 8 to the report (June 15, 2022) from the Director, Community Planning, Toronto and East York District, with the details of such improvements (including the location, dimensions, configuration and design) to be secured as part of and through the Site Plan Approval process for the Development to the satisfaction of the Chief Planner and Executive Director, City Planning Division and the General Manager, Transportation Services; iii. 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; iv. Prior to site plan approval the owner shall submit documentation and financial contributions/payments in the form of a letter of credit or certified cheques (overall amount to be determined) for the implementation of a Transportation Demand Management ("TDM") plan to the satisfaction of the General Manager, Transportation Services. These provisions include, but are not limited to: A. A payment of $50,000 for a new bike-share station on-site; B. A minimum of five (5) car-share spaces on-site; C. One (1) bike-share membership per unit, offered for the first year of occupancy; D. One (1) car-share membership per residential unit, offered for the first year of occupancy; E. A minimum of two (2) bike repair stations provided on-site; and F. Non-residential parking spaces provided beyond the minimum requirement are to include a combination of electric vehicle, carpooling and/or car-share parking spaces; iii. The owner shall design and submitfinancial securities for any upgrades or required improvements to the existing municipal infrastructure and/or new municipal infrastructure identified in the accepted Engineering Reports to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades and/or new infrastructure are required to support the development; iv. The owner will construct and maintain the development of the site in accordance with Tier 1 of the Toronto Green Standard, and the owner will be encouraged to achieve Tier 2 or higher of the Toronto Green Standard; c. Withdraw its appeal of Official Plan Amendment 352, being the Downtown Tall Buildings Setback Area Specific Policy, and the associated Zoning By-laws 1106-2016 and 1107-2016, as they relate to the subject lands; and d. Withdraw its appeal of Official Plan Amendment 525, being the King-Parliament Secondary Plan, and the associated Zoning By-law 393-2021, as they relate to the subject lands. 6. 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. 7. City Council authorize appropriate City Officials to take such actions as are required to implement City Council's decision, including the execution and implementation of the Section 37 Agreement.
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council amend Zoning By-law 569-2013 for the lands at 333-351 King Street East and 200 Front Street East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 7 to the report (June 15, 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 Official Plan and Zoning By-law Amendments as may be required. 3. 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, in a form satisfactory to the City Solicitor to secure the following: a) Community benefits: i. Prior to issuance of any first above-grade building permit, the Owner shall elect to provide one of the following: A. prior to the issuance of the first above-grade building permit for any building on the Subject Site, the owner shall pay a cash contribution of five million dollars ($5,000,000) to be allocated as follows: 1. $1,666,666.67 towards new and/or existing affordable housing within Ward 13, in consultation with the Ward Councillor; 2. $1,666,666.67 towards local area park or streetscape improvements located within Ward 13 and within the vicinity of the subject lands, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, the General Manager, Parks, Forestry and Recreation and the General Manager, Transportation Services; and 3. $1,666,666.67towards community, cultural or recreational facilities capital improvements within Ward 13, in consultation with the Ward Councillor; OR B. the provision of a non-profit licensed Child Care Centre to be located in the base building of the Central Office Tower on the lands, comprising a minimum of 942 square metres of interior space and approximately 308 square metres of exterior space adjacent to the interior space, including outdoor storage, and the provision for a child pick-up and drop-off area, with the precise location, capacity and related matters to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the General Manager, Children Services and such Child Care Centre shall generally be in accordance with the following: 1. shall be constructed, finished, furnished and equipped by the owner, including a minimum of five (5) parking spaces for the use of the Child Care Centre for pick-up/drop-off operations with two (2) to three (3) spaces dedicated for staff and visitors. These spaces to be assigned accordingly, and their location will be identified through the site plan approval process for the development, to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Children's Services; 2. prior to the issuance of any above grade building permit for any portion of the lands, a letter of credit in the amount sufficient to guarantee 120% of the estimated cost of the design, construction and handover of the Child Care Centre, indexed upwardly and calculated from the date of the Agreement, complying with the specifications and requirements of the Section 37 Agreement, shall be provided to the City to the satisfaction of the General Manager, Children's Services and the Chief Financial Officer and Treasurer; 3. prior to the earlier of occupancy of the building in which the Child Care Centre is located and/or registration of any condominium for the building in which the Child Care Centre is located, the Child Care Centre shall be conveyed to the City, at no cost to the City, in fee simple, in an acceptable environmental condition to the satisfaction of the Executive Director, Corporate and Real Estate Management and City Solicitor; 4. the details of the other matters as described in these Recommendations, such as timing, location, obligations (including financial obligations), and any such matters to implement the Child Care Centre, in respect of the non-profit licensed Child Care Centre community benefit will be finalized between the owner and the City and will be substantially in accordance with the City of Toronto's Child Care Development Guidelines (2021) and to the satisfaction of the Executive Director, Corporate and Real Estate Management, the General Manager, Children's Services, and the Chief Planner and Executive Director, City Planning, in consultation with the City Solicitor; and 5. on, or prior to, the conveyance of the Child Care Centre, the City and the owner 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 Child Care Centre, and the development to be constructed within the base building of the development; 6. prior to the conveyance of the Child Care Centre, the owner shall provide one-time cash contributions in support of the Child Care Centre, allocated generally as follows: a) a one-time cash contribution in the amount of $250,000.00 to the City's Child Care Capital Reserve Fund to be used towards Start-Up Operating Costs, to replace appliances and large equipment due to wear and tear, and to support ongoing financial viability, to be paid prior to the child care facility being made available to the City; b) a one-time cash contribution in the amount of $250,000.00 to the future child care operator towards toys, furnishing and equipment in accordance with provincial and municipal standards based on a mutually agreeable inventory list provided by the Child Care Centre Operator and/or the General Manager of Children's Services, which will be finalized and approved by the General Manager of Children's Services; ii. the cash contributions referred to in Recommendations 3.a.i.A., 3.a.i.B.6.a. and 3.a.i.B.6.b. above and where applicable 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; and iii. streetscape improvements on Front Street East not adjacent to the Subject Site, generally as shown in the drawing titled "Final Layout Plan" attached as Attachment No. 1 to the report (December 14, 2021) from the Director, Planning and Capital Program, Transportation Services, and attached as Attachment No. 8 to the report (June 15, 2022) from the Director, Community Planning, Toronto and East York District, with the details of such improvements (including the location, dimensions, configuration and design) to be secured as part of and through the Site Plan Approval process for the Development to the satisfaction of the Chief Planner and Executive Director, City Planning Division and the General Manager, Transportation Services, in consultation with the Ward Councillor in accordance with the following: A. a letter of credit in the amount of $2,000,000, indexed upwardly and calculated from the date of the Agreement, shall be provided to the City prior to the first above-grade building permit with such improvements to be completed prior to occupancy or as othersie agreed to by the Chief Planner and Executive Director, City Planning Division with any unsused funds allocated towards capital facilities in the vicinity of the site at the discretion of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor ; b) Matters of legal convenience to support the development: i. The owner shall: A. construct, provide and maintain, at its own expense, two Privately-Owned and Publicly-Accessible Spaces ("POPS") on 333-351 King Street East and 200 Front Street East with minimum areas of 1,100 square metres and 400 square metres and fronting onto Front Street East with the specific location, configuration and design to be determined and secured in the context of Site Plan Approval to the satisfaction of the Chief Planner and Executive Director, City Planning; and B. prepare all documents and convey, free and clear of encumbrances and for nominal consideration, a public access easement, including support rights, in perpetuity in favour of the City over the Privately-Owned and Publicly-Accessible Spaces ("POPS"), on terms set out in the Section 37 Agreement, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; ii. The owner shall alter, at no cost to the City, the portion of the Front Street East right-of-way adjacent to the Subject Site, generally as shown in the drawing titled "Final Layout Plan" attached as Attachment No. 1 to the report (December 14, 2021) from the Director, Planning and Capital Program, Transportation Services, and attached as Attachment No. 8 to the report (June 15, 2022) from the Director, Community Planning, Toronto and East York District, with the details of such improvements (including the location, dimensions, configuration and design) to be secured as part of and through the Site Plan Approval process for the Development to the satisfaction of the Chief Planner and Executive Director, City Planning Division and the General Manager, Transportation Services; iii. 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; iv. Prior to site plan approval the owner shall submit documentation and financial contributions/payments in the form of a letter of credit or certified cheques (overall amount to be determined) for the implementation of a Transportation Demand Management ("TDM") plan to the satisfaction of the General Manager of Transportation Services. These provisions include, but are not limited to: A. A payment of $50,000 for a new bike-share station on-site; B. A minimum of five (5) car-share spaces on-site; C. One (1) bike-share membership per unit, offered for the first year of occupancy; D. One (1) car-share membership per residential unit, offered for the first year of occupancy; E. A minimum of two (2) bike repair stations provided on-site; and F. Non-residential parking spaces provided beyond the minimum requirement are to include a combination of electric vehicle, carpooling and/or car-share parking spaces; iii. The owner shall design and submitfinancial securities for any upgrades or required improvements to the existing municipal infrastructure and/or new municipal infrastructure identified in the accepted Engineering Reports to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades and/or new infrastructure are required to support the development; iv. The owner will construct and maintain the development of the site in accordance with Tier 1 of the Toronto Green Standard, and the owner will be encouraged to achieve Tier 2 or higher of the Toronto Green Standard; c) Withdraw its appeal of Official Plan Amendment 352, being the Downtown Tall Buildings Setback Area Specific Policy, and the associated Zoning By-laws 1106-2016 and 1107-2016, as they relate to the subject lands; and d) Withdraw its appeal of Official Plan Amendment 525, being the King-Parliament Secondary Plan, and the associated Zoning By-law 393-2021, as they relate to the subject lands. 6. 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. 7. City Council authorize appropriate City Officials to take such actions as are required to implement City Council's decision, including the execution and implementation of the Section 37 Agreement.
TE34.49adopted
This application proposes a 12-storey (42-metre) mixed-use building at 353-355 Sherbourne Street and 157 Carlton Street. The building would contain 100 rental residential units (7,942 square metres of residential gross floor area), of which 30%, or 31 dwelling units, would be affordable housing, as well as 3,087 square metres of community space. The proposal entails the removal of two components of the existing heritage-designated St. Luke's United Church (the narthex and gymnasium) while retaining the rest of the building. A 250-square metre Privately Owned Publicly Accessible Space (POPS) is proposed on the Sherbourne Street frontage. 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 recommends approval of the application to amend the Official Plan and Zoning By-law. The report also recommends approval of Open Door Affordable Rental Housing Program incentives for 31 new affordable rental homes in the development.
The Toronto and East York Community Council recommends that: 1. City Council amend the Official Plan for the lands at 353-355 Sherbourne Street and 157 Carlton Street substantially in accordance with the draft Official Plan Amendment attached as Attachment 5 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District. 2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 353-355 Sherbourne Street and 157 Carlton Street, 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. 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 authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and draft Zoning By-law Amendment as may be required. 5. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows: a. The owner shall construct, provide, and maintain a privately owned publicly-accessible open space on the lands, having a minimum size of 250 square metres along the Sherbourne Street and Carleton Street frontages of the site to the satisfaction of the Chief Planner and Executive Director, City Planning. 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 privately owned publicly accessible open space and any required public access easements to connect the privately owned publicly accessible open space to adjacent privately owned publicly accessible open space and/or public rights-of-way, where necessary. The owner shall own, operate, maintain and repair the privately owned publicly accessible open space and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the privately owned publicly accessible open space at all times of the day and night, 365 days of the year. The specific location, configuration, design and timing of conveyance of the privately owned publicly accessible open space shall be determined in the context of site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City; b. The owner shall provide and maintain thirty-one (31) new affordable rental dwelling units on the lands at 353-355 Sherbourne Street and 157 Carlton Street (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, in accordance with the following: i. Three (3) of the Affordable Housing Units shall be three-bedroom rental units with an average unit size that is no smaller than the average unit size of a non-affordable three-bedroom dwelling unit within the development; ii. Nine (9) of the Affordable Housing Units shall be two-bedroom rental units with an average unit size that is no smaller than the average unit size of a non-affordable two-bedroom dwelling unit within the development; iii. Eleven (11) of the Affordable Housing Units shall be one-bedroom rental units with an average unit size that is no smaller than the average unit size of a non-affordable one-bedroom dwelling unit within the development; iv. The remaining eight (8) Affordable Housing Units shall be studio rental units with an average unit size that is no smaller than the average unit size of a non-affordable studio dwelling unit within the development; v. The location and layouts of the Affordable Housing Units within the development shall be to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat; vi. The owner shall provide and maintain the Affordable Housing Units as secured rental housing for a minimum period of 40 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 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 owner shall provide and maintain the Affordable Housing Units with affordable rents for the Affordability Period. 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; 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; ix. after the first year of occupancy of any Affordable Housing Units, 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; x. notwithstanding the annual rent increases permitted in x. above, the rent (inclusive of utilities) charged to any first tenants or new tenants occupying an Affordable Housing Unit 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; 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 seventy percent (70%) of the new dwelling units erected within the development 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 Housing Units with access to, and use of, all indoor and outdoor amenities in the development at no extra charge and on the same terms and conditions as any other resident of the mixed use building, without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings; xiv. the owner shall provide all tenants of the Affordable Housing Units with laundry facilities and air conditioning at no extra charge; xv. 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; c. The owner shall construct and maintain the development of the site in accordance with Tier 3 of the Toronto Green Standard Version 4.0, or the equivalent in the Toronto Green Standard version applicable at the time of the site plan application for each building on the site; d. As a pre-approval condition to site plan approval, the owner shall convey lands to widen the existing Central Hospital Lane by 0.87 metres through a conveyance to the City along the east limit of the lands; and e. 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 ("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); 6. City Council authorize the Executive Director, Housing Secretariat, to negotiate and execute a municipal housing facility agreement (Contribution Agreement) with the owner for the provision of Open Door Incentives, for 31 affordable rental dwelling units at 353-355 Sherbourne Street and 157 Carlton Street to secure rents at or below 100 percent of the average rent by bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report, for a minimum period of 40 years, on terms and conditions acceptable to the Executive Director, Housing Secretariat, in a form satisfactory to the City Solicitor. 7. 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 31 affordable rental dwelling units at 353-355 Sherbourne Street and 157 Carlton Street from taxation for municipal and school purposes for the 40-year term of the municipal housing facility agreement; and b. City Council authorize the 31 new affordable rental dwelling units at 353-355 Sherbourne Street and 157 Carlton Street to be eligible for waivers of fees for planning applications, building permits and parkland dedication, and for development charges exemptions, unless already paid. 8. 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 rental housing dwelling units, including any documents required by the owner to complete pre-development activities, construction and secure 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. 9. City Council authorize the Controller to cancel or refund any taxes paid pursuant to the by-law exempting the property from taxation if authority is given for an exemption from taxation as set out in Recommendation 7 above. 10. 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.
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council amend the Official Plan for the lands at 353-355 Sherbourne Street and 157 Carlton 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 City of Toronto Zoning By-law 569-2013 for the lands at 353-355 Sherbourne Street and 157 Carlton 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 issue until such time as the Section 37 Agreement and the Heritage Easement Agreement is/are executed and registered. 4. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and draft Zoning By-law Amendment as may be required. 5. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows: a) The owner shall construct, provide, and maintain a privately owned publicly-accessible open space on the lands, having a minimum size of 250 square metres along the Sherbourne Street and Carleton Street frontages of the site to the satisfaction of the Chief Planner and Executive Director, City Planning. 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 privately owned publicly accessible open space and any required public access easements to connect the privately owned publicly accessible open space to adjacent privately owned publicly accessible open space and/or public rights-of-way, where necessary. The owner shall own, operate, maintain and repair the privately owned publicly accessible open space and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the privately owned publicly accessible open space at all times of the day and night, 365 days of the year. The specific location, configuration, design and timing of conveyance of the privately owned publicly accessible open space shall be determined in the context of site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City; b) The owner shall provide and maintain thirty-one (31) new affordable rental dwelling units on the lands at 353-355 Sherbourne Street and 157 Carlton Street (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, in accordance with the following: i. Three (3) of the Affordable Housing Units shall be three-bedroom rental units with an average unit size that is no smaller than the average unit size of a non-affordable three-bedroom dwelling unit within the development; ii. Nine (9) of the Affordable Housing Units shall be two-bedroom rental units with an average unit size that is no smaller than the average unit size of a non-affordable two-bedroom dwelling unit within the development; iii. Eleven (11) of the Affordable Housing Units shall be one-bedroom rental units with an average unit size that is no smaller than the average unit size of a non-affordable one-bedroom dwelling unit within the development; iv. The remaining eight (8) Affordable Housing Units shall be studio rental units with an average unit size that is no smaller than the average unit size of a non-affordable studio dwelling unit within the development; v. The location and layouts of the Affordable Housing Units within the development shall be to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat; vi. The owner shall provide and maintain the Affordable Housing Units as secured rental housing for a minimum period of 40 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 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 owner shall provide and maintain the Affordable Housing Units with affordable rents for the 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; 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% 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, 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; x. notwithstanding the annual rent increases permitted in x. above, the rent (inclusive of utilities) charged to any first tenants or new tenants occupying an Affordable Housing Unit 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; 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 seventy percent (70%) of the new dwelling units erected within the development 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 Housing Units with access to, and use of, all indoor and outdoor amenities in the development at no extra charge and on the same terms and conditions as any other resident of the mixed use building, without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings; xiv. the owner shall provide all tenants of the Affordable Housing Units with laundry facilities and air conditioning at no extra charge; xv. 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; c) The owner shall construct and maintain the development of the site in accordance with Tier 3 of the Toronto Green Standard Version 4.0, or the equivalent in the Toronto Green Standard version applicable at the time of the site plan application for each building on the site; d) As a pre-approval condition to site plan approval, the owner shall convey lands to widen the existing Central Hospital Lane by 0.87 metres through a conveyance to the City along the east limit of the lands; and e) 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 ("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); 6. City Council authorize the Executive Director, Housing Secretariat, to negotiate and execute a municipal housing facility agreement (Contribution Agreement) with the owner for the provision of Open Door Incentives, for 31 affordable rental dwelling units at 353-355 Sherbourne Street and 157 Carlton Street to secure rents at or below 100% of the average rent by bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report, for a minimum period of 40 years, on terms and conditions acceptable to the Executive Director, Housing Secretariat, in a form satisfactory to the City Solicitor. 7. 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 31 affordable rental dwelling units at 353-355 Sherbourne Street and 157 Carlton Street from taxation for municipal and school purposes for the 40-year term of the municipal housing facility agreement; and b) City Council authorize the 31 new affordable rental dwelling units at 353-355 Sherbourne Street and 157 Carlton Street to be eligible for waivers of fees for planning applications, building permits and parkland dedication, and for development charges exemptions, unless already paid. 8. 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 rental housing dwelling units, including any documents required by the owner to complete pre-development activities, construction and secure 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. 9. City Council authorize the Controller to cancel or refund any taxes paid pursuant to the by-law exempting the property from taxation if authority is given for an exemption from taxation as set out in Recommendation 7 above. 10. 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.
TE34.50amended
This report reviews and recommends approval of a City-initiated Official Plan Amendment, a private application to amend the Zoning By-law, and authorization for the purchase of up to 18 affordable housing units be provided on site as well as provide Open Door Program funding and incentives for the affordable housing units. This approval would permit the construction of a 9 storey mixed use building at 838-844 Broadview Avenue with 107 residential dwelling units including 18 affordable rental housing units. The affordable housing units would be owned by the City of Toronto and operated by a community non-profit housing group under a long term lease. Council previously authorized the purchase of up to 16 affordable housing units on site and provision of Open Door Program funding and incentives for up to 16 affordable housing units. Through the review of the development applications an additional two affordable housing units are being proposed on site for a total of 18.
The Toronto and East York Community Council recommends that: 1. City Council amend Chapter 7, Site and Area Specific Policy 509 for the lands at 838, 840, 842 and 844 Broadview Avenue, substantially in accordance with the draft Official Plan Amendment attached as Attachment 6 to the report June 10, 2022 from the Director, Community Planning, Toronto and East York District. 2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 838, 840, 842 and 844 Broadview Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to the report June 10, 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 Official Plan and Zoning By-law Amendments as may be required. 4. City Council require the owner to provide and implement Tenant Assistance to mitigate hardship for the former tenant of 844 Broadview Avenue, proposed to be demolished, prior to the issuance of Notice of Approval Conditions for Site Plan Approval. The Tenant Relocation and Assistance Plan shall be developed in consultation with, and to the satisfaction of, the City Solicitor and the Chief Planner and Executive Director, City Planning. 5. Before introducing the necessary Bills to City Council for enactment, the owner shall provide a legal undertaking to the City, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, to secure the Tenant Relocation and Assistance Plan required in Recommendation 4 above. 6. City Council authorize the Executive Director, Housing Secretariat to negotiate and enter into, on behalf of the City, a municipal housing facility agreement (the City's "Contribution Agreement") and any other agreements necessary to secure the financial assistance for up to 18 affordable housing units and to set out the terms of the development and operation of the Affordable Housing, on terms and conditions satisfactory to the Executive Director, Housing Secretariat, in consultation with the Chief Financial Officer and Treasurer. 7. City Council authorize that an additional two affordable rental housing units, in addition to the previously approved 16 affordable housing units to be developed on the property, be eligible for waivers of fees for planning application, building permit, parkland dedication and development charges exemptions, unless already paid. 8. City Council exempt the two additional affordable rental homes, in addition to the previously approved 16 affordable rental homes to be developed on the Property, from taxation for municipal and school purposes for the term of 50 years, from the date of first occupancy. 9. 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 applicable municipal housing facility agreement (the City's Contribution Agreement). 10. The owner will pay for and construct any improvements to the municipal infrastructure in connection with the site servicing report, should it be determined that upgrades to such infrastructure are required to support this development. 11. City Council require the Owner to agree to submit and implement, a construction management plan to address such matters as noise, dust, street closures, parking and laneway uses and access; such plan shall be to the satisfaction of the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor. 12. City Council direct the applicant to establish a Construction Liaison Committee made up of local residents and businesses to the satisfaction of the local Councillor; the Committee is to meet bi-weekly at the beginning of construction; and notes from the meetings are to be shared with the members and the Councillor's office in a timely way. 13. City Council direct the applicant to pressure wash the construction site and adjacent sidewalks, laneways and roadways weekly, or more frequently as needed to be cleared of any construction debris and made safe. 14. City Council direct the applicant to ensure that the existing sidewalks and all pedestrian walkways have proper lighting to ensure safety and visibility at all times of the day and night. 15. City Council direct the applicant to clearly consult and communicate all construction, parking and road occupancy impacts with local residents in advance of any physical road modifications. 16. City Council direct the applicant to post a contact number for the site superintendent on the construction hoarding. 17. City Council direct the applicant to create a publicly accessible website with regular construction updates and post the website address on the subject site. 18. City Council direct the applicant to include a minimum of 75 percent of advertisement surface area on the construction hoarding to be allocated to artwork at their sole cost in collaboration with the Steps Initiative and to the satisfaction of the Ward Councillor. 19. City Council direct Transportation Services to report to the Toronto and East York Community Council on excluding the development at 838-844 Broadview Avenue from the on-street permit parking program including requiring the applicant to state in all marketing materials, disclosure documents, and sales agreements that the future owner, tenant, or sublet tenant or any other additional occupant or guest will be prohibited from applying for an on-street parking permit and the building will be excluded from any on-street permit specified area.
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council amend Chapter 7, Site and Area Specific Policy 509 for the lands at 838, 840, 842 and 844 Broadview Avenue, substantially in accordance with the draft Official Plan Amendment attached as Attachment 6 to the report June 10, 2022 from the Director, Community Planning, Toronto and East York District. 2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 838, 840, 842 and 844 Broadview Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to the report June 10, 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 Official Plan and Zoning By-law Amendments as may be required. 4. City Council require the owner to provide and implement Tenant Assistance to mitigate hardship for the former tenant of 844 Broadview Avenue, proposed to be demolished, prior to the issuance of Notice of Approval Conditions for Site Plan Approval. The Tenant Relocation and Assistance Plan shall be developed in consultation with, and to the satisfaction of, the City Solicitor and the Chief Planner and Executive Director, City Planning. 5. Before introducing the necessary Bills to City Council for enactment, the owner shall provide a legal undertaking to the City, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, to secure the Tenant Relocation and Assistance Plan required in Recommendation 4 above. 6. City Council authorize the Executive Director, Housing Secretariat to negotiate and enter into, on behalf of the City, a municipal housing facility agreement (the City's "Contribution Agreement") and any other agreements necessary to secure the financial assistance for up to 18 affordable housing units and to set out the terms of the development and operation of the Affordable Housing, on terms and conditions satisfactory to the Executive Director, Housing Secretariat, in consultation with the Chief Financial Officer and Treasurer. 7. City Council authorize that an additional two affordable rental housing units, in addition to the previously approved 16 affordable housing units to be developed on the property, be eligible for waivers of fees for planning application, building permit, parkland dedication and development charges exemptions, unless already paid. 8. City Council exempt the two additional affordable rental homes, in addition to the previously approved 16 affordable rental homes to be developed on the Property, from taxation for municipal and school purposes for the term of 50 years, from the date of first occupancy. 9. 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 applicable municipal housing facility agreement (the City's Contribution Agreement). 10. The owner will pay for and construct any improvements to the municipal infrastructure in connection with the site servicing report, should it be determined that upgrades to such infrastructure are required to support this development.