Item - 2015.TE11.4

Tracking Status

TE11.4 - Final Report - 629, 633 and 675 Eastern Avenue - Zoning By-law Amendment Application

Decision Type:
ACTION
Status:
Amended
Ward:
30 - Toronto-Danforth

City Council Decision

City Council on November 3 and 4, 2015, adopted the following:

 

1.  City Council approve the draft Zoning By-law contained in Attachment 1 to the supplementary report (November 2, 2015) 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 approve the installation of traffic control signals at the intersection of Caroline Avenue and Eastern Avenue, to the satisfaction of the General Manager, Transportation Services, at the applicant's expense.

 

4.  City Council approve the installation of traffic control signals at the intersection of the site driveway to 629, 633 and 675 Eastern Avenue (the extension of Caroline Avenue) and Lake Shore Boulevard East, to the satisfaction of the General Manager, Transportation Services, at the applicant's expense.

 

5.  City Council request the Director, Transportation Services, Toronto and East York District in co-operation with the Director, Community Planning, Toronto and East York District, to continue to work with the traffic working group for 629, 633 and 675 Eastern Avenue on addressing any traffic infiltration issues in the neighbourhood immediately north of the subject property and to bring forward any recommendations to Toronto and East York Community Council as required.

 

6.  City Council require that the owner shall agree that the required parkland dedication will be satisfied through an off-site parkland conveyance and subject to the conditions as set out in the Section 37 Agreement requirements and that there will be no additional credits given to the owner for any over dedication of parkland.

 

7. 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 follows:

 

a.  subject to Section 3 of this Appendix, the owner shall transfer a site of approximately 485 square metres, known municipally on the date of the passing of this By-law as 652 Eastern Avenue, to the City for nominal consideration, no later than six (6) months after the date upon which this By-law comes into full force and effect, prior to the issuance of the first building permit for any new building constructed within the site, with the transfer of the land to be to the satisfaction of the City. In which event, the transfer of this land to the City shall constitute an off-site parkland dedication by the owner and shall represent the full parkland dedication requirement for the development of the site for the uses and density permitted by the zoning amendment;

 

b.  the owner will be required to finalize the purchase of the off-site parkland and provide conveyance of the off-site parkland no later than six (6) months after the date upon which this By-law comes into full force and effect, prior to the issuance of the first building permit for any new building constructed within the site;

 

c.  in the event that the owner does not successfully achieve an off-site parkland dedication, the owner will be required to otherwise satisfy the parkland dedication requirements to the satisfaction of the General Manager, Parks, Forestry and Recreation;

 

d.  the land to be conveyed as parkland shall be free and clear, above and below grade, of all physical obstructions and easements, encumbrances and encroachments, including surface easements, unless otherwise approved by the General Manager, Parks, Forestry and Recreation;

 

e.  prior to the conveyance of the parkland, the owner at their expense, will be responsible for base park construction and installation of the parkland;

 

f.  prior to the conveyance of the parkland, the owner agrees to pay for the costs of the parkland dedication and the preparation and registration of all relevant documents. The owner shall provide, to the satisfaction of the City Solicitor, all legal descriptions and applicable reference plans for the parkland dedication;

 

g.  the owner will not be given any additional credits for any over dedication of parkland;

 

h.  the owner shall, when required by the City, build a roadway over the proposed main north-south thoroughfare through the site (between Lakeshore Boulevard East and Eastern Avenue) (the “Easement Road”) to the City’s applicable standards for public roads, the precise location and specifications of which are to be secured in conjunction with site plan approval for the first phase of the development;

 

i.  the owner shall, when required by the City, transfer a surface easement to the City and general public over the Easement Road for nominal consideration;

 

j.  the terms of the transfer and the terms attaching to the easement shall be to the satisfaction of the City Solicitor in consultation with the Chief Planner and Executive Director, City Planning;

 

k.  the owner shall pay all applicable taxes and fees arising from the transfer of the easement to the City, including costs associated with the preparation and registration of all documents necessary for the registration of the easement;

 

l.  the Easement Road is to be open and accessible 24 hours a day, seven days a week for pedestrian, bicycle and motor vehicle access, subject to such closures as are acceptable to the Chief Planner and Executive Director, City Planning;

 

m.  the owner shall maintain the Easement Road, including the sidewalks, in accordance with the City’s applicable standards for public roads, and in particular, shall keep it reasonably free of all encumbrances to vehicular and pedestrian use, including keeping it free of snow, ice and rubbish;

 

n.  the owner shall acknowledge that the City Council has not fettered its discretion to seek a future conveyance of the Easement Road to the City either through expropriation or as a condition of development approval;

 

o.  the owner shall pay for all costs for the installation of traffic control signals at the intersection of Caroline Avenue and Eastern Avenue and the intersection of 629 Eastern Avenue (the new Street A) and Lake Shore Boulevard East; and the owner shall pay all costs for the installation of traffic control signals at Pape Avenue and Eastern Avenue if recommended in the local traffic mitigation plan;

 

p.  the owner shall comply with its obligations under the Certificate of Property Use registered on title to the site;

 

q.  the owner shall submit a Construction Staging Management Plan, to the satisfaction of the General Manager, Economic Development and Culture, to ensure that as the site develops consideration is given to the functioning of the existing film studio uses;

 

r.  the owner shall submit a Film Studio Security Plan to the satisfaction of the General Manager, Economic Development and Culture and the Director, Community Planning, Toronto and East York District, to ensure that appropriate consideration is given to matters of security for the existing studio on site; and

 

s.  the owner of the site shall provide a cash contribution of $2.25 million, for the following local community improvement initiatives:

 

i.  $400,000 for the design, development and construction of a new park, which will be secured as an off-site parkland dedication at 652 Eastern Avenue to be payable no later than six (6) months after the date upon which this By-law comes into full force and effect, prior to the issuance of the first building permit for any new building constructed within the site, or other local area park improvements;

 

ii.  $350,000 for local area park improvements payable upon first building permit for any new building constructed within the site which would result in the total and combined non-residential gross floor area erected or used on the site to exceed 60,000 square metres;

 

iii.  $100,000 for Bruce School yard improvements or other local playground improvements payable upon first building permit for any new building constructed within the site which would result in the total and combined non-residential gross floor area erected or used on the site to exceed 50,000 square metres;

 
iv.  $100,000 for Morse School yard improvements or other local playground improvements payable upon first building permit for any new building constructed within the site which would result in the total and combined non-residential gross floor area erected or used on the site to exceed 50,000 square metres;

 

v.  $500,000 for public art, in accordance with the City of Toronto’s Percent for Public Art Program, to be located on or along the new north/south road between Eastern Avenue and Lake Shore Boulevard payable upon first building permit for any new building constructed within the site which would result in the total and combined non-residential gross floor area erected or used on the site to exceed 40,000 square metres;

 

vi.  $700,000 for off-site traffic safety and public realm improvements for Eastern Avenue and the surrounding local neighbourhood streets, or other public realm improvements as identified in the future South of Eastern Strategic Direction, of which $350,000 is payable at the time of first building permit for any new construction and the additional $350,000 payable upon first building permit for any new building constructed within the site which would result in the total and combined non-residential gross floor area erected or used on the site to exceed 40,000 square metres;

 

vii.  $50,000 for the Leslieville Historical Society heritage plaque project payable at the time of first building permit for any new construction; and

 

viii.  $50,000 for local tree planting payable at the time of first building permit for any new construction.
 

8.  City Council request the Director, Urban Design, City Planning to review all future site plan applications in consultation with the City of Toronto's Design Review Panel, to ensure the urban context of the site is respected and a high quality of urban design and architecture is achieved.

 

9.  City Council require the applicant to:

 

i.  create a construction liaison committee for the development at 629, 633 and 675 Eastern Avenue, in co-ordination with the Ward Councillor;

 

ii.  post a 24-hour monitored construction hotline number on the hoarding board, which must be prominently placed and legible from 20 metres and on all elevations from the construction site; and

 

iii.  provide and install public art, including mural artwork, onto every elevation of the hoarding board with adequate spotlighting for night-time illumination, at their sole cost, to the satisfaction of the Ward Councillor.

 

10.  City Council request the Toronto Transit Commission to review options to better service 629, 633 and 675 Eastern Avenue including the possibility of the extension of the 72 Pape Avenue bus route, the potential of creating an eastbound and westbound  stop for the 143 Downtown/Beach Express bus and/or any other possible service options.

 

11.  Prior to the lifting of the "H" By-law on the nine (9) storey hotel site and in the event that a hotel use is to be recommended, City Council direct the Director, Community Planning, Toronto and East York District to request the applicant to consider the entering into of a neutrality agreement for the employees of the hotel.

 

12.  City Council request the Executive Director, Engineering and Construction Services to report to the Toronto and East York Community Council on the street name for the new north south connection between Eastern Avenue and Lake Shore Boulevard - “Street A”, following a public naming process prior to the transfer of a surface easement to the City.

 

13.  City Council request the Director, Transportation Services, Toronto and East York District, in co-operation with the Director, Community Planning, Toronto and East York District to continue to work with the Traffic Working Group for 629, 633, and 675 Eastern Avenue to develop a Traffic Management Mitigation Plan, and in doing so include the following:

 

a.  include the Public Realm Office as part of the staff team in the development of the Traffic Management Mitigation Plan with the Traffic Working Group, and invite Toronto District School Board development staff, with a view to paying particular attention to student safety at Bruce Public School;

 

b.  establish the geographic boundaries to be covered by the Traffic Management Mitigation Plan as the streets directly to the north of the applicant’s site - Pape, Winnifred, Caroline, Larchmount, Berkshire and Rushbrooke, as well as the Queen and Jones intersection;

 

c.  require the Traffic Management Mitigation Plan take into account traffic improvements for the South of Eastern employment area between Rushbrooke and Leslie including heightened safety measures for pedestrians and cyclists;

 

d.  review operations on Leslie Street and determine traffic patterns for vehicular traffic, including trucks, within six months of the new streetcars operating on Leslie going to the Leslie Barns;

 

e.  relocate the Larchmount Traffic signal to Rushbrooke, to be paid for by the City of Toronto, if recommended in the local Traffic Management Mitigation Plan;

 

f.  bike lane connection options for both Pape and Rushbrooke, to create better cycling connections to the Martin Goodman Trail and to increase the safety of the Eastern Bike Lane;

 

g.  incorporate in the 5-year capital funding appropriate additional funds required to complete the recommendations in the Traffic Management Mitigation Plan;

 

h.  work with Toronto Public Health and Parks, Forestry and Recreation to establish a community-based tree planting project for the rights of way and public realm improvements in the surrounding streets and neighbourhood as part of the Traffic Management Mitigation Plan; and

 

i.  report to the Toronto and East York Community Council as required on the status of the Traffic Management Mitigation Plan, on timing related to phases of construction, including quick starts, and medium and long-term projects.

 

14.  City Council determine that, pursuant to Section 34(17) of the Planning Act, no further notice is to be given in respect of the changes to the draft Zoning by-law.

Statutory - Planning Act, RSO 1990

Background Information (Community Council)

(September 18, 2015) Report from the Director, Community Planning, Toronto and East York District - 629, 633 and 675 Eastern Avenue - Zoning By-law Amendment Application - Final Report
https://www.toronto.ca/legdocs/mmis/2015/te/bgrd/backgroundfile-84031.pdf
Attachment 5: Draft Zoning By-law Amendment
https://www.toronto.ca/legdocs/mmis/2015/te/bgrd/backgroundfile-84509.pdf

Background Information (City Council)

(November 2, 2015) Supplementary report from the Chief Planner and Executive Director, City Planning on 629, 633 and 675 Eastern Avenue - Zoning Application and Attachment 1 - Draft Zoning By-law (TE11.4b)
https://www.toronto.ca/legdocs/mmis/2015/cc/bgrd/backgroundfile-85506.pdf

Communications (Community Council)

(September 17, 2015) Letter from Nancy Hawley and Gus Sandusky (TE.Main.TE11.4.1)
(September 17, 2015) Letter from Romilly Belcourt (TE.Main.TE11.4.2)
(September 26, 2015) E-mail from Lisa Bourgard (TE.Supp.TE11.4.3)
(September 28, 2015) E-mail from Dane Bourgard (TE.Supp.TE11.4.4)
(October 1, 2015) Letter from Sam Wong, President, Toronto East Chinatown Business Association Inc. (TE.Supp.TE11.4.5)
https://www.toronto.ca/legdocs/mmis/2015/te/comm/communicationfile-56521.pdf
(October 5, 2015) Letter from Joe Fraser, Treasurer, IATSE Local 873 (TE.Supp.TE11.4.6)
https://www.toronto.ca/legdocs/mmis/2015/te/comm/communicationfile-56513.pdf
(October 4, 2015) Letter from Michelle Deeton (TE.Supp.TE11.4.7)
(October 5, 2015) Letter from Victoria Dinnick (TE.Supp.TE11.4.8)
(October 5, 2015) Letter from Mimi Wolch, Managing Director, FilmOntario (TE.Supp.TE11.4.9)
(October 5, 2015) Letter from Christopher Tzekas, WeirFoulds LLP, on behalf of 2006199 Ontario Limited (TE.Supp.TE11.4.10)
https://www.toronto.ca/legdocs/mmis/2015/te/comm/communicationfile-56601.pdf

Communications (City Council)

(November 5, 2015) Letter from Mark Christie, Manager, Community Planning and Development, Ministry of Municipal Affairs and Housing (CC.New.TE11.4.11)
https://www.toronto.ca/legdocs/mmis/2015/cc/comm/communicationfile-57068.pdf

Motions (City Council)

1 - Motion to Amend Item moved by Councillor Paula Fletcher (Carried)

That City Council adopt the following recommendations contained in the supplementary report (November 2, 2015) from the Chief Planner and Executive Director, City Planning [TE11.4b]:

 

a.  City Council delete the Recommendation No. 1 from Toronto and East York Community Council Final Report dated September 18, 2015 from the Director, Community Planning, Toronto and East York District and replace with the following new Recommendation No. 1:

 

1.  City Council approve the draft Zoning By-law contained in Attachment No. 1, to the Supplementary Report, dated November 2, 2015 from the Director, Community Planning, Toronto and East York District."

 

b.  City Council determine that, pursuant to Section 34(17) of the Planning Act, no further notice is to be given in respect of the changes to the draft Zoning by-law.

Vote (Amend Item) Nov-04-2015 2:12 PM

Result: Carried Majority Required - TE11.4 - Fletcher - motion 1
Total members that voted Yes: 34 Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Jon Burnside, John Campbell, Shelley Carroll, Raymond Cho, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Mary Fragedakis, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, David Shiner, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 11 Members that were absent are Ana Bail„o, Christin Carmichael Greb, Josh Colle, John Filion, Rob Ford, Mark Grimes, Pam McConnell, Ron Moeser, Anthony Perruzza, Jaye Robinson, Michael Thompson

Motion to Adopt Item as Amended (Carried)

4a - Supplementary Report - 629, 633 and 675 Eastern Avenue - Zoning By-law Amendment Application - Supplementary Report

Background Information (Community Council)
(September 30, 2015) Report from the Director, Community Planning, Toronto and East York District - 629, 633 and 675 Eastern Avenue - Zoning By-law Amendment Application - Supplementary Report
https://www.toronto.ca/legdocs/mmis/2015/te/bgrd/backgroundfile-84368.pdf

TE11.4 - Final Report - 629, 633 and 675 Eastern Avenue - Zoning By-law Amendment Application

Decision Type:
ACTION
Status:
Amended
Ward:
30 - Toronto-Danforth

Statutory - Planning Act, RSO 1990

Community Council Recommendations

The Toronto and East York Community Council recommends that:

 

1.  City Council amend Zoning By-law No. 438-86 for the lands at 629, 633, 675 Eastern Avenue, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 5 to the report (September 18, 2015) from the Director, Community Planning, Toronto and East York District, with the following amendments to Attachment No. 5:

 

a.  amending the third recital to read as follows, in order to provide further clarity on the importance of the studio employment intent use on site:

 

"Whereas the Council of the City of Toronto has determined to amend Zoning By-law No. 438-86, as amended, of the former City of Toronto as requested and to, inter alia, ensure the provision and maintenance of employment production and studio uses within the lands;"

 

b.  adding to part 6 under “Permitted Uses” the following:

 

"No building erected or used within the area marked “Studio” on Map 3 may contain any of the uses listed in Section 1(c) of Appendix 1, RETAIL AND SERVICES SHOPS, except where such uses are:

 

i.  located within a building with a maximum non-residential gross floor area of 275 square metres, excluding patios; or

 

ii.  such uses are ancillary to communication and broadcasting establishment, production studio or office uses such that the uses serve businesses and workers on the site."

 

c.  deleting Appendix 2 - Paragraph 1 and replacing it with the following:

 

"1.  Subject to Section 3 of this Appendix, the owner shall transfer a site of approximately 485 square metres, known municipally on the date of the passing of this By-law as 652 Eastern Avenue, to the City for nominal consideration, no later than six (6) months after the date upon which this By-law comes into full force and effect,  prior to the issuance of the first building permit for any new building constructed within the site, with the transfer of the land to be to the satisfaction of the City. In which event, the transfer of this land to the City shall constitute an off-site parkland dedication by the owner and shall represent the full parkland dedication requirement for the development of the site for the uses and density permitted by the zoning amendment."

 

d.  deleting Appendix 2 - Paragraph 2 and replacing it with the following:

 

"2.  The owner will be required to finalize the purchase of the off-site parkland and provide conveyance of the off-site parkland no later than six (6) months after the date upon which this By-law comes into full force and effect, prior to the issuance of the first building permit for any new building constructed within the site."

 

e.  deleting Appendix 2 - Paragraph 15 and replacing it with the following:

 

"15.  The owner shall pay for all costs for the installation of traffic control signals at the intersection of Caroline Avenue and Eastern Avenue and the intersection of 629 Eastern Avenue (the new Street A) and Lake Shore Boulevard East; and the owner shall pay all costs for the installation of traffic control signals at Pape Avenue and Eastern Avenue if recommended in the local traffic mitigation plan."

 

f.  deleting Appendix 2 - Paragraph 19.i. and replacing it with the following:

 

"19.i.  $400,000 for the design, development and construction of a new park, which will be secured as an off-site parkland dedication at 652 Eastern Avenue to be payable no later than six (6) months after the date upon which this By-law comes into full force and effect, prior to the issuance of the first building permit for any new building constructed within the site or other local area park improvements."

 

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 approve the installation of traffic control signals at the intersection of Caroline Avenue and Eastern Avenue, to the satisfaction of the General Manager, Transportation Services, at the applicant's expense.

 

4.  City Council approve the installation of traffic control signals at the intersection of the site driveway to 629, 633 and 675 Eastern Avenue (the extension of Caroline Avenue) and Lake Shore Boulevard East, to the satisfaction of the General Manager, Transportation Services, at the applicant's expense.

 

5.  City Council request the Director, Transportation Services, Toronto and East York District in co-operation with the Director of Community Planning, Toronto and East York District, to continue to work with the traffic working group for 629, 633 and 675 Eastern Avenue on addressing any traffic infiltration issues in the neighbourhood immediately north of the subject property and to bring forward any recommendations to Toronto and East York Community Council as required.

 

6.  City Council require that the owner shall agree that the required parkland dedication will be satisfied through an off-site parkland conveyance and subject to the conditions as set out in the Section 37 Agreement requirements and that there will be no additional credits given to the owner for any over dedication of parkland.

 

7. 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 follows:

 

a.  Subject to Section 3 of this Appendix, the owner shall transfer a site of approximately 485 square metres, known municipally on the date of the passing of this By-law as 652 Eastern Avenue, to the City for nominal consideration, no later than six (6) months after the date upon which this By-law comes into full force and effect, prior to the issuance of the first building permit for any new building constructed within the site, with the transfer of the land to be to the satisfaction of the City. In which event, the transfer of this land to the City shall constitute an off-site parkland dedication by the owner and shall represent the full parkland dedication requirement for the development of the site for the uses and density permitted by the zoning amendment.

 

b.  The owner will be required to finalize the purchase of the off-site parkland and provide conveyance of the off-site parkland no later than six (6) months after the date upon which this By-law comes into full force and effect, prior to the issuance of the first building permit for any new building constructed within the site.

 

c.  In the event that the owner does not successfully achieve an off-site parkland dedication, the owner will be required to otherwise satisfy the parkland dedication requirements to the satisfaction of the General Manager, Parks Forestry and Recreation.

 

d.  The land to be conveyed as parkland shall be free and clear, above and below grade, of all physical obstructions and easements, encumbrances and encroachments, including surface easements, unless otherwise approved by the General Manager, Parks, Forestry and Recreation.

 

e.  Prior to the conveyance of the parkland, the owner at their expense, will be responsible for base park construction and installation of the parkland.

 

f.  Prior to the conveyance of the parkland, the owner agrees to pay for the costs of the parkland dedication and the preparation and registration of all relevant documents. The owner shall provide, to the satisfaction of the City Solicitor, all legal descriptions and applicable reference plans for the parkland dedication.

 

g.  The owner will not be given any additional credits for any over dedication of parkland.

 

h.  The owner shall, when required by the City, build a roadway over the proposed main north-south thoroughfare through the site (between Lakeshore Boulevard East and Eastern Avenue) (the “Easement Road”) to the City’s applicable standards for public roads, the precise location and specifications of which are to be secured in conjunction with site plan approval for the first phase of the development.

 

i.  The owner shall, when required by the City, transfer a surface easement to the City and general public over the Easement Road for nominal consideration.

 

j. The terms of the transfer and the terms attaching to the easement shall be to the satisfaction of the City Solicitor in consultation with the Chief Planner and Executive Director of City Planning.

 

k.  The owner shall pay all applicable taxes and fees arising from the transfer of the easement to the City, including costs associated with the preparation and registration of all documents necessary for the registration of the easement.

 

l.  The Easement Road is to be open and accessible 24 hours a day, seven days a week for pedestrian, bicycle and motor vehicle access, subject to such closures as are acceptable to the Chief Planner and Executive Director of City Planning.

 

m.  The owner shall maintain the Easement Road, including the sidewalks, in accordance with the City’s applicable standards for public roads, and in particular, shall keep it reasonably free of all encumbrances to vehicular and pedestrian use, including keeping it free of snow, ice and rubbish.

 

n.  The owner shall acknowledge that the City Council has not fettered its discretion to seek a future conveyance of the Easement Road to the City either through expropriation or as a condition of development approval.

 

o.  The owner shall pay for all costs for the installation of traffic control signals at the intersection of Caroline Avenue and Eastern Avenue and the intersection of 629 Eastern Avenue (the new Street A) and Lake Shore Boulevard East; and the owner shall pay all costs for the installation of traffic control signals at Pape Avenue and Eastern Avenue if recommended in the local traffic mitigation plan.

 

p.  The owner shall comply with its obligations under the Certificate of Property Use registered on title to the site.

 

q.  The owner shall submit a Construction Staging Management Plan, to the satisfaction of the General Manager of Economic Development and Culture, to ensure that as the site develops consideration is given to the functioning of the existing film studio uses.

 

r.  The owner shall submit a Film Studio Security Plan to the satisfaction of the General Manager of Economic Development and Culture and the Director of Community Planning, Toronto and East York District, to ensure that appropriate consideration is given to matters of security for the existing studio on site.

 

s.  The owner of the site shall provide a cash contribution of $2.25 million, for the following local community improvement initiatives:

 

i.  $400,000 for the design, development and construction of a new park, which will be secured as an off-site parkland dedication at 652 Eastern Avenue to be payable no later than six (6) months after the date upon which this By-law comes into full force and effect, prior to the issuance of the first building permit for any new building constructed within the site, or other local area park improvements;

 

ii.  $350,000 for local area park improvements payable upon first building permit for any new building constructed within the site which would result in the total and combined non-residential gross floor area erected or used on the site to exceed 60,000 square metres;

 

iii.  $100,000 for Bruce School yard improvements or other local playground improvements payable upon first building permit for any new building constructed within the site which would result in the total and combined non-residential gross floor area erected or used on the site to exceed 50,000 square metres;

 
iv.  $100,000 for Morse School yard improvements or other local playground improvements payable upon first building permit for any new building constructed within the site which would result in the total and combined non-residential gross floor area erected or used on the site to exceed 50,000 square metres;

 

v.  $500,000 for public art, in accordance with the City of Toronto’s Percent for Public Art Program, to be located on or along the new north/south road between Eastern Avenue and Lake Shore Boulevard payable upon first building permit for any new building constructed within the site which would result in the total and combined non-residential gross floor area erected or used on the site to exceed 40,000 square metres;

 

vi.  $700,000 for off-site traffic safety and public realm improvements for Eastern Avenue and the surrounding local neighbourhood streets, or other public realm improvements as identified in the future South of Eastern Strategic Direction, of which $350,000 is payable at the time of first building permit for any new construction and the additional $350,000 payable upon first building permit for any new building constructed within the site which would result in the total and combined non-residential gross floor area erected or used on the site to exceed 40,000 square metres;

 

vii.  $50,000 for the Leslieville Historical Society heritage plaque project payable at the time of first building permit for any new construction; and

 

viii.  $50,000 for local tree planting payable at the time of first building permit for any new construction.
 

8.  City Council request that the Director of Urban Design, City Planning Division review all future site plan applications in consultation with the City of Toronto's Design Review Panel, to ensure the urban context of the site is respected and a high quality of urban design and architecture is achieved.

 

9.  City Council require the applicant to:

 

i.  create a construction liaison committee for the development at 629, 633 and 675 Eastern Avenue, in co-ordination with the Ward Councillor;

 

ii.  post a 24-hour monitored construction hotline number on the hoarding board, which must be prominently placed and legible from 20 metres and on all elevations from the construction site;

 

iii.  provide and install public art, including mural artwork, onto every elevation of the hoarding board with adequate spotlighting for night-time illumination, at their sole cost, to the satisfaction of the Ward Councillor.

 

10.  City Council request that the TTC review options to better service 629, 633 and 675 Eastern Avenue including the possibility of the extension of the 72 Pape Avenue bus route, the potential of creating an eastbound and westbound  stop for the 143 Downtown/Beach Express bus and/or any other possible service options.

 

11.  Prior to the lifting of the "H" By-law on the nine (9) storey hotel site and in the event that a hotel use is to be recommended, City Council direct the Director, Community Planning, Toronto and East York District to request the applicant to consider the entering into of a neutrality agreement for the employees of the hotel.

 

12.  City Council request the Executive Director, Engineering and Construction Services to report to the Toronto and East York Community Council on the street name for the new north south connection between Eastern Avenue and Lake Shore Boulevard - “Street A”, following a public naming process prior to the transfer of a surface easement to the City.

 

13.  City Council request the Director, Transportation Services, Toronto and East York District, in co-operation with the Director of Community Planning, Toronto and East York District to continue to work with the Traffic Working Group for 629, 633, and 675 Eastern Avenue to develop a Traffic Management Mitigation Plan (TMMP), and in doing so include the following:

 

a.  Include the Public Realm Office as part of the staff team in the development of the TMMP with the Traffic Working Group, and invite Toronto District School Board development staff, with a view to paying particular attention to student safety at Bruce Public School.

 

b.  Establish the geographic boundaries to be covered by the TMMP as the streets directly to the north of the applicant’s site - Pape, Winnifred, Caroline, Larchmount, Berkshire and Rushbrooke, as well as the Queen and Jones intersection.

 

c.  Require the TMMP take into account traffic improvements for the South of Eastern employment area between Rushbrooke and Leslie including heightened safety measures for pedestrians and cyclists.

 

d.  Review operations on Leslie Street and determine traffic patterns for vehicular traffic, including trucks, within six months of the new streetcars operating on Leslie going to the Leslie Barns.

 

e.  Relocate the Larchmount Traffic signal to Rushbrooke, to be paid for by the City of Toronto, if recommended in the local TMMP.

 

f.  Bike lane connection options for both Pape and Rushbrooke, to create better cycling connections to the Martin Goodman Trail and to increase the safety of the Eastern Bike Lane.

 

g.  Incorporate in the 5-year capital funding appropriate additional funds required to complete the recommendations in the TMMP.

 

h.  Work with Toronto Public Health and Parks, Forestry and Recreation to establish a community-based tree planting project for the rights of way and public realm improvements in the surrounding streets and neighbourhood as part of the TMMP.

 

i.  Report to the Toronto and East York Community Council as required on the status of the TMMP, on timing related to phases of construction, including quick starts, and medium and long-term projects.

Decision Advice and Other Information

The Toronto and East York Community Council requested the Director, Community Planning, Toronto and East York District, to report directly to City Council on November 3 and 4, 2015, if there are any further revisions to the draft Zoning By-law attached as Attachment No. 5 to the report (September 18, 2015) from the Director, Community Planning, Toronto and East York District, required to implement the employment intent of the draft by-law.

 

The Toronto and East York Community Council held a statutory public meeting on October 6, 2015, and notice was given in accordance with the Planning Act.

Origin

(September 18, 2015) Report from the Director, Community Planning, Toronto and East York District

Summary

This application proposes redevelopment of the property located at 629, 633 and 675 Eastern Avenue.  The proposal is to maintain approximately 16,540 square metres of existing space for film studio and production purposes and to construct approximately 75,632 square metres of new office/flex space, 7,292 square metres of hotel space, and 14,066 square metres of retail space.

 

This proposal, located within the changing South of Eastern employment district, is expected to bring investment and reinforce the success of this employment area.  The review of the proposal has included special consideration of the existing studio on site and the additional uses which are expected to support and add vibrancy to creative industry space on site.

 

This report reviews and recommends approval of the application to amend the Zoning By-law subject to a Holding provision ("h") in the Zoning By-law.

Background Information

(September 18, 2015) Report from the Director, Community Planning, Toronto and East York District - 629, 633 and 675 Eastern Avenue - Zoning By-law Amendment Application - Final Report
https://www.toronto.ca/legdocs/mmis/2015/te/bgrd/backgroundfile-84031.pdf
Attachment 5: Draft Zoning By-law Amendment
https://www.toronto.ca/legdocs/mmis/2015/te/bgrd/backgroundfile-84509.pdf

Communications

(September 17, 2015) Letter from Nancy Hawley and Gus Sandusky (TE.Main.TE11.4.1)
(September 17, 2015) Letter from Romilly Belcourt (TE.Main.TE11.4.2)
(September 26, 2015) E-mail from Lisa Bourgard (TE.Supp.TE11.4.3)
(September 28, 2015) E-mail from Dane Bourgard (TE.Supp.TE11.4.4)
(October 1, 2015) Letter from Sam Wong, President, Toronto East Chinatown Business Association Inc. (TE.Supp.TE11.4.5)
https://www.toronto.ca/legdocs/mmis/2015/te/comm/communicationfile-56521.pdf
(October 5, 2015) Letter from Joe Fraser, Treasurer, IATSE Local 873 (TE.Supp.TE11.4.6)
https://www.toronto.ca/legdocs/mmis/2015/te/comm/communicationfile-56513.pdf
(October 4, 2015) Letter from Michelle Deeton (TE.Supp.TE11.4.7)
(October 5, 2015) Letter from Victoria Dinnick (TE.Supp.TE11.4.8)
(October 5, 2015) Letter from Mimi Wolch, Managing Director, FilmOntario (TE.Supp.TE11.4.9)
(October 5, 2015) Letter from Christopher Tzekas, WeirFoulds LLP, on behalf of 2006199 Ontario Limited (TE.Supp.TE11.4.10)
https://www.toronto.ca/legdocs/mmis/2015/te/comm/communicationfile-56601.pdf

Speakers

Morey Papier
Jonathan Ahee, President, NABET 700-M UNIFOR
Joe Fraser, Treasurer, IATSE Local 873
Aiden Killean
Darren Atkinson
Ornella Richichi, Executive Vice President, Land Development, Smartreit
Tim Kirkwood

Motions

1 - Motion to Amend Item moved by Councillor Paula Fletcher (Carried)

That the Toronto and East York Community Council adopt the recommendations in the report (September 18, 2015) from the Director, Community Planning, Toronto and East York District, as amended by the recommendations contained in the Supplementary Report (September 30, 2015) from the Director, Community Planning, Toronto and East York District, and with the following additional amendments to:

 

i.  Attachment 5, the Draft Zoning By-law referred to in Recommendation 1 of the September 18, 2015 report, by:

 

a.  amending the third recital to read as follows, in order to provide further clarity on the importance of the studio employment intent use on site:

 

"Whereas the Council of the City of Toronto has determined to amend Zoning By-law No. 438-86, as amended, of the former City of Toronto as requested and to, inter alia, ensure the provision and maintenance of employment production and studio uses within the lands."

 

b.  adding to part 6 under “Permitted Uses” the following:

 

"No building erected or used within the area marked “Studio” on Map 3 may contain any of the uses listed in Section 1(c) of Appendix 1, RETAIL AND SERVICES SHOPS, except where such uses are:

 

i.  located within a building with a maximum non-residential gross floor area of 275 square metres, excluding patios; or

 

ii.  such uses are ancillary to communication and broadcasting establishment, production studio or office uses such that the uses serve businesses and workers on the site."

 

c.  deleting  Appendix 2 - Paragraph 1 and replacing it with the following:

 

"1.  Subject to Section 3 of this Appendix, the owner shall transfer a site of approximately 485 square metres, known municipally on the date of the passing of this By-law as 652 Eastern Avenue, to the City for nominal consideration, no later than six (6) months after the date upon which this By-law comes into full force and effect,  prior to the issuance of the first building permit for any new building constructed within the site, with the transfer of the land to be to the satisfaction of the City. In which event, the transfer of this land to the City shall constitute an off-site parkland dedication by the owner and shall represent the full parkland dedication requirement for the development of the site for the uses and density permitted by the zoning amendment."

 

d.  deleting Appendix 2 - Paragraph 2 and replacing it with the following:

 

"2.  The owner will be required to finalize the purchase of the off-site parkland and provide conveyance of the off-site parkland no later than six (6) months after the date upon which this By-law comes into full force and effect, prior to the issuance of the first building permit for any new building constructed within the site."

 

e.  deleting Appendix 2 - Paragraph 15 and replacing it with the following:

 

"15.  The owner shall pay for all costs for the installation of traffic control signals at the intersection of Caroline Avenue and Eastern Avenue and the intersection of 629 Eastern Avenue (the new Street A) and Lake Shore Boulevard East; and the owner shall pay all costs for the installation of traffic control signals at Pape Avenue and Eastern Avenue if recommended in the local traffic mitigation plan."

 

f.  deleting Appendix 2 - Paragraph 19.i. and replacing it with the following:

 

"19.i.  $400,000 for the design, development and construction of a new park, which will be secured as an off-site parkland dedication at 652 Eastern Avenue to be payable no later than six (6) months after the date upon which this By-law comes into full force and effect, prior to the issuance of the first building permit for any new building constructed within the site or other local area park improvements."

  

ii.  Recommendation 7 included in the Supplementary Report (September 30, 2015) from the Director, Community Planning, Toronto and East York  District, by:

 

a.  deleting Recommendation 7.a in the Supplementary report and replacing it with the following:

 

"7 a.  Subject to Section 3 of this Appendix, the owner shall transfer a site of approximately 485 square metres, known municipally on the date of the passing of this By-law as 652 Eastern Avenue, to the City for nominal consideration, no later than six (6) months after the date upon which this By-law comes into full force and effect,  prior to the issuance of the first building permit for any new building constructed within the site, with the transfer of the land to be to the satisfaction of the City. In which event, the transfer of this land to the City shall constitute an off-site parkland dedication by the owner and shall represent the full parkland dedication requirement for the development of the site for the uses and density permitted by the zoning amendment."

 

b.  deleting  Recommendation 7.b and replacing it with the following:

 

"7.b  The owner will be required to finalize the purchase of the off-site parkland and provide conveyance of the off-site parkland no later than six (6) months after the date upon which this By-law comes into full force and effect, prior to the issuance of the first building permit for any new building constructed within the site".

c.  deleting Recommendation 7.o. and replacing it with the following:

"7.o.  The owner shall pay for all costs for the installation of traffic control signals at the intersection of Caroline Avenue and  Eastern Avenue and the intersection of 629 Eastern Avenue (the new Street A) and Lake Shore Boulevard East; and the Owner shall pay all costs for the installation of traffic control signals at Pape Avenue and Eastern Avenue if recommended in the local traffic mitigation plan."

 

d.  deleting Recommendation 7.s. and replacing it with the following:

"7.s  The owner of the site shall provide a cash contribution of $2.25 million, for the following local community improvement initiatives:

 

i.  $400,000 for the design, development and construction of a new park, which will be secured as an off-site parkland dedication at 652 Eastern Avenue to be payable no later than six (6) months after the date upon which this By-law comes into full force and effect, prior to the issuance of the first building permit for any new building constructed within the site, or other local area park improvements;

 

ii.  $350,000 for local area park improvements payable upon first building permit for any new building constructed within the site which would result in the total and combined non-residential gross floor area erected or used on the site to exceed 60,000 square metres;

 

iii.  $100,000 for Bruce School yard improvements or other local playground improvements payable upon first building permit for any new building constructed within the site which would result in the total and combined non-residential gross floor area erected or used on the site to exceed 50,000 square metres;

 

iv.  $100,000 for Morse School yard improvements or other local playground improvements  payable upon first building permit for any new building constructed within the site which would result in the total and combined non-residential gross floor area erected or used on the site to exceed 50,000 square metres;

 

v.  $500,000 for public art, in accordance with the City of Toronto’s Percent for Public Art Program to be located on or along the new north/south road between Eastern Avenue and Lake Shore Boulevard payable upon first building permit for any new building constructed within the site which would result in the total and combined non-residential gross floor area erected or used on the site to exceed 40,000 square metres;

 

vi.  $700,000 for off-site traffic safety and public realm improvements for Eastern Avenue and the surrounding local neighbourhood streets, or other public realm improvements as identified in the future South of Eastern Strategic Direction, of which $350,000 is payable at the time of first building permit for any new construction and the additional $350,000 payable upon first building permit for any new building constructed within the site which would result in the total and combined non-residential gross floor area erected or used on the site to exceed 40,000 square metres;

 

vii.  $50,000 for the Leslieville Historical Society heritage plaque project payable at the time of first building permit for any new construction; and

 

viii.  $50,000 for local tree planting payable at the time of first building permit for any new construction."

 

iii.  adding the following new recommendations:

 

"9.  City Council require the applicant to:

 

i.  create a construction liaison committee for the development at 629, 633 and 675 Eastern Avenue, in co-ordination with the Ward Councillor;

 

ii.  post a 24-hour monitored construction hotline number on the hoarding board, which must be prominently placed and legible from 20 metres and on all elevations from the construction site;

 

iii.  provide and install public art, including mural artwork, onto every elevation of the hoarding board with adequate spotlighting for night-time illumination, at their sole cost, to the satisfaction of the Ward Councillor.

 

10.  City Council request that the TTC review options to better service 629, 633 and 675 Eastern Avenue including the possibility of the extension of the 72 Pape Avenue bus route, the potential of creating an eastbound and westbound  stop for the 143 Downtown/Beach Express bus and/or any other possible service options.

   

11.  City Council request the Executive Director, Engineering and Construction Services to report to the Toronto and East York Community Council on the street name for the new north south connection between Eastern Avenue and Lake Shore Boulevard  - “Street A”, following a public naming process prior to the transfer of a surface easement to the City.

 

12.  City Council request the Director, Transportation Services, Toronto East York District, in co-operation with the Director of Community Planning, Toronto and East York District to continue to work with the Traffic Working Group for 629, 633, and 675 Eastern Avenue to develop a Traffic Management Mitigation Plan (TMMP), and in doing so include the following:

 

a.  Include the Public Realm Office as part of the staff team in the development of the TMMP with the Traffic Working Group, and invite Toronto District School Board development staff, with a view to paying particular attention to student safety at Bruce Public School.

 

b.  Establish the geographic boundaries to be covered by the TMMP as the streets directly to the north of the applicant’s site - Pape, Winnifred, Caroline, Larchmount, Berkshire and Rushbrooke, as well as the Queen and Jones intersection.

 

c.  Require the TMMP take into account traffic improvements for the South of Eastern employment area between Rushbrooke and Leslie including heightened safety measures for pedestrians and cyclists.

 

d.  Review operations on Leslie Street and determine traffic patterns for vehicular traffic, including trucks, within six months of the new streetcars operating on Leslie going to the Leslie Barns.

 

e.  Relocate the Larchmount Traffic signal to Rushbrooke, to be paid for by the City of Toronto, if recommended in the local TMMP

 

f.  Bike lane connection options for both Pape and Rushbrooke, to create better cycling connections to the Martin Goodman Trail and to increase the safety of the Eastern Bike Lane.

 

g.  Incorporate in the 5-year capital funding appropriate additional funds required to complete the recommendations in the TMMP.

 

h.  Work with Toronto Public Health and Parks, Forestry and Recreation to establish a community-based tree planting project for the rights of way and public realm improvements in the surrounding streets and neighbourhood as part of the TMMP.

 

i.  Report to the Toronto and East York Community Council as required on the status of the TMMP, on timing related to phases of construction, including quick starts, and medium and long-term projects.

 

13.  Toronto and East York Community Council request the Director, Community Planning, Toronto and East York District, to report directly to City Council on November 3 and 4, 2015, if there are any further revisions to the draft Zoning By-law attached as Attachment No. 5 to the report (September 18, 2015) from the Director, Community Planning, Toronto and East York District, required to implement the employment intent of the draft by-law.

Vote (Amend Item) Oct-06-2015

Result: Carried Majority Required
Total members that voted Yes: 11 Members that voted Yes are Ana Bail„o, Joe Cressy, Janet Davis, Paula Fletcher, Mary Fragedakis, Mike Layton (Chair), Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Gord Perks
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 1 Members that were absent are Kristyn Wong-Tam

2 - Motion to Amend Item (Additional) moved by Councillor Pam McConnell (Carried)

That the following new additional recommendation be added:

 

"Prior to the lifting of the "H" By-law on the nine (9) storey hotel site and in the event that a hotel use is to be recommended, City Council direct the Director, Community Planning, Toronto and East York District to request the applicant to consider the entering into of a neutrality agreement for the employees of the hotel."


3 - Motion to Adopt Item as Amended moved by Councillor Paula Fletcher (Carried)

Vote (Adopt Item as Amended) Oct-06-2015

Result: Carried Majority Required
Total members that voted Yes: 11 Members that voted Yes are Ana Bail„o, Joe Cressy, Janet Davis, Paula Fletcher, Mary Fragedakis, Mike Layton (Chair), Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Gord Perks
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 1 Members that were absent are Kristyn Wong-Tam

4a - Supplementary Report - 629, 633 and 675 Eastern Avenue - Zoning By-law Amendment Application - Supplementary Report

Origin
(September 30, 2015) Report from the Director, Community Planning, Toronto and East York District
Summary

A report dated September 18, 2015, from the Director of Community Planning, Toronto and East York District, recommends approval of the Zoning By-law Amendment application to permit a mixed employment development which includes the retention of approximately 16,540 square metres of existing space for film studio and production purposes and to construct approximately 75,632 square metres of new office/flex space, 7,292 square metres of hotel space, and 14,066 square metres of retail space.

 

The purpose of this report is to provide supplemental information to the September 18, 2015 report regarding Section 37 benefits to be secured under the Planning Act, and the draft Zoning By-law Amendments as well as recent discussions with film industry stakeholders.

Background Information
(September 30, 2015) Report from the Director, Community Planning, Toronto and East York District - 629, 633 and 675 Eastern Avenue - Zoning By-law Amendment Application - Supplementary Report
https://www.toronto.ca/legdocs/mmis/2015/te/bgrd/backgroundfile-84368.pdf
Source: Toronto City Clerk at www.toronto.ca/council