Item - 2013.TE26.12

Tracking Status

TE26.12 - Final Report - 200 Dundas Street East, 241-251 Jarvis Street and 280 George Street - Zoning Amendment Application

Decision Type:
ACTION
Status:
Adopted
Ward:
27 - Toronto Centre-Rosedale

City Council Decision

City Council on October 8, 9, 10 and 11, 2013, adopted the following:

 

1.         City Council amend Zoning By-law 438-86 for the lands at 200 Dundas Street East, 241-251 Jarvis Street and 280 George Street, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 1 to the report (August 15, 2013) from the Director, Community Planning, Toronto and East York District, headed "200 Dundas Street East, 241-251 Jarvis Street and 280 George Street - Zoning Amendment Application - Supplementary Report", subject to Attachment 1 being amended to reflect the following revisions:

 

a.         a minimum of 1,240 m² of indoor residential amenity space and 1,500 m² of outdoor residential amenity space shall be provided;

 

b.         a minimum of 405 parking spaces shall be provided on the lot of which a minimum of 267 spaces shall be for residents, a minimum of 51 spaces shall be for visitors and/or commercial public parking, a minimum of 82 spaces shall be for residents and/or commercial public parking, and a minimum of 5 spaces shall be for car-share parking; and

 

c.         the building height and envelope Map 2 shall be replaced with the revised Map 2 dated August 30, 2013.

 

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 Bills to City Council for enactment, City Council require the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act as outlined below and that the City Solicitor be given authority to enact such agreements as may be required to give effect to the Section 37 community benefits 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 to the City in the amount of $250,000 which will be used for local streetscape, parkland and community services improvements within Ward 27 and may be used for finishing the community space at 200 Dundas Street East;

 

ii.         1,300 square metres of community space be conveyed to the City substantially as outlined in the term sheet dated September 10, 2013; and

 

iii.         require that the cash amounts identified in Part 3.a. i. above shall be indexed upwardly in accordance with the Non-Residential Construction Price Index for the Toronto CMA, reported quarterly by Statistics Canada in Construction Price Statistics Publication No. 62-007-XPB, or its successor, calculated from the date of execution of the Section 37 Agreement to the date of submission of the funds by the Owner to the City.

 

b.         The following matters which are routinely secured as part of a Site Plan Agreement are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:

 

i.          require the owner to pay all costs of infrastructure improvements associated with their development including such improvements to utilities and transportation infrastructure as may be required;

 

ii.         the owner is required to obtain approval from Transportation Services for the road improvements required to accommodate projected site traffic levels;

 

iii.        the size of the residential waste room for the Tower shall be at least 113 square metres and the size of the residential garbage room for the base shall be at least 139 square metres;

 

iv.        a type G loading space shall be provided, which has minimum dimensions of 13m long x 4m wide with an unencumbered vertical clearance of 6.1m for the entire loading area;

 

v.         a concrete staging pad abutting the front of the Type G loading space shall be provided with a minimum size of 75 square metres;

 

vi.        all access driveways must have a minimum overhead travelling clearance of 4.4 metres including any overhead doors; and

 

vii.       a collection vehicle's minimum turning radius of 9.5 metres inside and 14 metres outside must be observed entering, exiting and travelling throughout the site. The access route and loading platform must be designed in such a way as to allow the collection vehicle to enter the site, collect the waste materials and exit in a forward motion without the need to backup onto a public road.

 

4.         City Council authorize the City to enter into any necessary agreements including but not limited to an agreement of purchase and sale, a put agreement and a shared facilities agreement, substantially based on the terms contained in the term sheet dated September 10, 2013, with any such revisions thereto and any other terms as are acceptable to the Chief Corporate Officer and in a form satisfactory to the City Solicitor.

 

5.         City Council authorize the City Solicitor to complete the transaction(s) in Part 3.a.ii. above on behalf of the City including amending the closing date and other dates to such earlier or later date(s) and on such terms as she/he may from time to time consider reasonable.

Statutory - Planning Act, RSO 1990

Background Information (Community Council)

(May 30, 2013) Report from the Director, Community Planning, Toronto and East York District - 200 Dundas Street East, 241-251 Jarvis Street and 280 George Street - Zoning Amendment Application - Final Report
https://www.toronto.ca/legdocs/mmis/2013/te/bgrd/backgroundfile-59923.pdf
Revised Map 2 - Final Report - 200 Dundas Street East, 241-251 Jarvis Street and 280 George Street - Zoning Amendment Application
https://www.toronto.ca/legdocs/mmis/2013/te/bgrd/backgroundfile-61444.pdf
Appendix 2: Term Sheet - September 10, 2013 - Final Report - 200 Dundas Street East, 241-251 Jarvis Street and 280 George Street - Zoning Amendment Application
https://www.toronto.ca/legdocs/mmis/2013/te/bgrd/backgroundfile-61476.pdf
Revised By-Law - Final Report - 200 Dundas Street East, 241-251 Jarvis Street and 280 George Street - Zoning Amendment Application
https://www.toronto.ca/legdocs/mmis/2013/te/bgrd/backgroundfile-61445.pdf

Communications (Community Council)

(June 17, 2013) E-mail from The Board, Garden District Residents Association (TE.Main.TE26.12.1)

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Oct-08-2013 7:51 PM

Result: Carried Majority Required - TE26.12 - Adopt the item
Total members that voted Yes: 40 Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are David Shiner
Total members that were Absent: 3 Members that were absent are Ana Bail„o, Janet Davis, Gloria Lindsay Luby

12a - Supplementary Report - 200 Dundas Street East, 241-251 Jarvis Street and 280 George Street - Zoning Amendment Application

Background Information (Community Council)
(August 15, 2013) Report from the Director, Community Planning, Toronto and East York District - Supplementary Report - 200 Dundas Street East, 241-251 Jarvis Street and 280 George Street - Zoning Amendment Application
https://www.toronto.ca/legdocs/mmis/2013/te/bgrd/backgroundfile-61109.pdf

TE26.12 - Final Report - 200 Dundas Street East, 241-251 Jarvis Street and 280 George Street - Zoning Amendment Application

Decision Type:
ACTION
Status:
Amended
Ward:
27 - Toronto Centre-Rosedale

Statutory - Planning Act, RSO 1990

Community Council Recommendations

The Toronto and East York Community Council recommends that:

 

1.         City Council amend Zoning By-law 438-86 for the lands at 200 Dundas Street East, 241-251 Jarvis Street and 280 George Street, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 1 to the report (August 15, 2013) from the Director, Community Planning, Toronto and East York District, headed "200 Dundas Street East, 241-251 Jarvis Street and 280 George Street - Zoning Amendment Application - Supplementary Report", subject to Attachment No. 1 being amended to reflect the following revisions:

 

a.         A minimum of 1,240 m² of indoor residential amenity space and 1,500 m² of outdoor residential amenity space shall be provided.

 

b.         A minimum of 405 parking spaces shall be provided on the lot of which a minimum of 267 spaces shall be for residents, a minimum of 51 spaces shall be for visitors and/or commercial public parking, a minimum of 82 spaces shall be for residents and/or commercial public parking, and a minimum of 5 spaces shall be for car-share parking.

 

c.         The building height and envelope Map 2 shall be replaced with the revised Map 2 dated August 30, 2013.

 

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 Bills to City Council for enactment, City Council require the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act as outlined below and that the City Solicitor be given authority to enact such agreements as may be required to give effect to the Section 37 community benefits 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 to the City in the amount of $250,000 which will be used for local streetscape, parkland and community services improvements within Ward 27 and may be used for finishing the community space at 200 Dundas Street East.

 

ii.         1,300 square metres of community space be conveyed to the City substantially as outlined in the term sheet dated September 10, 2013.

 

iii.        Require that the cash amounts identified in Recommendation 3.a. i. above shall be indexed upwardly in accordance with the Non-Residential Construction Price Index for the Toronto CMA, reported quarterly by Statistics Canada in Construction Price Statistics Publication No. 62-007-XPB, or its successor, calculated from the date of execution of the Section 37 Agreement to the date of submission of the funds by the Owner to the City.

 

b.         The following matters which are routinely secured as part of a Site Plan Agreement are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:

 

i.          Require the owner to pay all costs of infrastructure improvements associated with their development including such improvements to utilities and transportation infrastructure as may be required.

 

ii.         The owner is required to obtain approval from Transportation Services for the road improvements required to accommodate projected site traffic levels.

 

iii.        The size of the residential waste room for the Tower shall be at least 113 square metres and the size of the residential garbage room for the base shall be at least 139 square metres.

 

iv.        A type G loading space shall be provided, which has minimum dimensions of 13m long x 4m wide with an unencumbered vertical clearance of 6.1m for the entire loading area.

 

v.         A concrete staging pad abutting the front of the Type G loading space shall be provided with a minimum size of 75 square metres.

 

vi.        All access driveways must have a minimum overhead travelling clearance of 4.4 metres including any overhead doors.

 

vii.       A collection vehicle's minimum turning radius of 9.5 metres inside and 14 metres outside must be observed entering, exiting and travelling throughout the site. The access route and loading platform must be designed in such a way as to allow the collection vehicle to enter the site, collect the waste materials and exit in a forward motion without the need to backup onto a public road.

 

4.         City Council authorize the City to enter into any necessary agreements including but not limited to an agreement of purchase and sale, a put agreement and a shared facilities agreement, substantially based on the terms contained in the term sheet dated September 10, 2013, with any such revisions thereto and any other terms as are acceptable to the Chief Corporate Officer and in a form satisfactory to the City Solicitor.

 

5.         City Council authorize the City Solicitor to complete the transaction(s) in Recommendation 3.a.ii. on behalf of the City including amending the closing date and other dates to such earlier or later date(s) and on such terms as she/he may from time to time consider reasonable.

Decision Advice and Other Information

The Toronto and East York Community Council held a statutory public meeting on June 18, 2013 and September 10, 2013, and notice was given in accordance with the Planning Act.

Origin

(May 30, 2013) Report from the Director, Community Planning, Toronto and East York District

Summary

This application proposes to construct a 45-storey mixed-use development with retail, cultural space and residential.  It is comprised of a 29-storey tower atop a 16-storey base building that transitions to 14 storeys then 4 storeys on George Street.  The application proposes 767 residential units, 560 vehicular parking spaces and 786 bicycle parking spaces.

 

City Planning Staff have reviewed the application against applicable policies and guidelines and find that the application conforms to Official Plan Policies and meets the intent of most applicable urban design guidelines.  The applicant has responded to the comments of City Staff and made a number of changes to the overall design that achieves effective and appropriate transition to the Neighbourhood designated area and the Downtown East Study Area, while also mitigating issues arising from shadowing.  The applicant has also proposed to provide the City of Toronto with 1,300 square metres of community space to support the goals of the Downtown East Revitalization Initiative.

 

The details of the Section 37 benefit will be brought forward in a supplementary report to Toronto and East York Community Council at its meeting of June 18, 2013.  Consideration of this application could be deferred should the supplementary report not be finalized.

 

This report reviews and recommends approval of the application to amend the Zoning By-law.

Background Information

(May 30, 2013) Report from the Director, Community Planning, Toronto and East York District - 200 Dundas Street East, 241-251 Jarvis Street and 280 George Street - Zoning Amendment Application - Final Report
https://www.toronto.ca/legdocs/mmis/2013/te/bgrd/backgroundfile-59923.pdf
Revised Map 2 - Final Report - 200 Dundas Street East, 241-251 Jarvis Street and 280 George Street - Zoning Amendment Application
https://www.toronto.ca/legdocs/mmis/2013/te/bgrd/backgroundfile-61444.pdf
Appendix 2: Term Sheet - September 10, 2013 - Final Report - 200 Dundas Street East, 241-251 Jarvis Street and 280 George Street - Zoning Amendment Application
https://www.toronto.ca/legdocs/mmis/2013/te/bgrd/backgroundfile-61476.pdf
Revised By-Law - Final Report - 200 Dundas Street East, 241-251 Jarvis Street and 280 George Street - Zoning Amendment Application
https://www.toronto.ca/legdocs/mmis/2013/te/bgrd/backgroundfile-61445.pdf

Communications

(June 17, 2013) E-mail from The Board, Garden District Residents Association (TE.Main.TE26.12.1)

Speakers

Kim Kovar, Aird & Berlis LLP

Motions

1 - Motion to Amend Item moved by Councillor Kristyn Wong-Tam (Carried)

That:

 

A.        Recommendation 1 in the report (August 15, 2013) from the Director, Community Planning, Toronto and East York District, be amended to read as follows:

 

"1.        City Council amend Zoning By-law 438-86 for the lands at 200 Dundas Street East, 241-251 Jarvis Street and 280 George Street, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 1 to the report (August 15, 2013) from the Director, Community Planning, Toronto and East York District, headed "200 Dundas Street East, 241-251 Jarvis Street and 280 George Street - Zoning Amendment Application - Supplementary Report", subject to Attachment No. 1 being amended to reflect the following revisions:

 

a.         A minimum of 1,240 m² of indoor residential amenity space and 1,500 m² of outdoor residential amenity space shall be provided.

 

b.         A minimum of 405 parking spaces shall be provided on the lot of which a minimum of 267 spaces shall be for residents, a minimum of 51 spaces shall be for visitors and/or commercial public parking, a minimum of 82 spaces shall be for residents and/or commercial public parking, and a minimum of 5 spaces shall be for car-share parking.

 

c.         The building height and envelope Map 2 shall be replaced with the revised Map 2 dated August 30, 2013."

 

B.        Recommendation 2  in the report (August 15, 2013) from the Director, Community Planning, Toronto and East York District, amending Recommendation 3.a.ii. be amended to read as follows:

 

"3.a.ii.  1,300 square metres of community space be conveyed to the City substantially as outlined in the term sheet dated September 10, 2013." 

 

C.        Recommendation 4 in the report (May 30, 2013) from the Director, Community Planning, Toronto and East York District be deleted.

 

D.        Recommendation 3 in the report (August 15, 2013) from the Director, Community Planning, Toronto and East York District, be amended and renumbered to read as follows:

 

"4.        City Council authorize the City to enter into any necessary agreements including but not limited to an agreement of purchase and sale, a put agreement and a shared facilities agreement, substantially based on the terms contained in the term sheet dated September 10, 2013, with any such revisions thereto and any other terms as are acceptable to the Chief Corporate Officer and in a form satisfactory to the City Solicitor."

 

E.         The balance of the recommendations be renumbered accordingly.


2 - Motion to Adopt Item as Amended moved by Councillor Kristyn Wong-Tam (Carried)

12a - Supplementary Report - 200 Dundas Street East, 241-251 Jarvis Street and 280 George Street - Zoning Amendment Application

Origin
(August 15, 2013) Report from the Director, Community Planning, Toronto and East York District
Summary

At its meeting of June 18, 2013 Toronto and East York Community Council adjourned the statutory meeting for the report from the Director, Community Planning, Toronto and East York District dated May 30, 2013 and headed: "200 Dundas Street East, 241-251 Jarvis Street and 280 George Street - Zoning Amendment Application - Final Report ".

 

The details with respect to the Section 37 community benefits have now been finalized and this report is brought forward to set out those details.  The draft Zoning By-law has been revised accordingly.  The substantive planning issues and conclusions contained within the body of the May 30, 2013 Final Report have not changed.

 

Staff recommend that the recommendations of this supplementary report be adopted by Council to give effect to the recommended changes to the Zoning By-law.

Background Information
(August 15, 2013) Report from the Director, Community Planning, Toronto and East York District - Supplementary Report - 200 Dundas Street East, 241-251 Jarvis Street and 280 George Street - Zoning Amendment Application
https://www.toronto.ca/legdocs/mmis/2013/te/bgrd/backgroundfile-61109.pdf
Source: Toronto City Clerk at www.toronto.ca/council