Item - 2016.TE20.9

Tracking Status

TE20.9 - Final Report - 77 River Street and 7 Labatt Avenue - Official Plan Amendment and Zoning Amendment Applications

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

City Council Decision

City Council on December 13, 14 and 15, 2016, adopted the following:

 

1.  City Council amend the Official Plan, for the lands at 77 River Street and 7 Labatt Avenue substantially in accordance with the draft Official Plan Amendment attached as Attachment 8 to the report (September 26, 2016) from the Director, Community Planning Toronto and East York District.

 

2.  City Council amend Zoning By-law 438-86 for the lands at 77 River Street and 7 Labatt Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 9 to the report (September 26, 2016) from the Director, Community Planning Toronto and East York District.

 

3.  City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 77 River Street and 7 Labatt Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 10 to the report (September 26, 2016) from the Director, Community Planning Toronto and East York District.

 

4.  City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and/or draft Zoning By-law Amendment as may be required.

 

5.  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.  prior to the issuance of the first above-grade building permit, the owner shall pay to the City the sum of $2,000,000 to be allocated as follows:

 

i.  $1,000,000 towards the development of the Dixon Hall Youth Centre to be located in Regent Park, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

 

ii.  $625,000 towards local streetscape and/or parkland improvements to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

 

iii.  $325,000 towards the development of the Cabbagetown Regent Park Museum to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; and

 

iv.  $50,000 towards the redevelopment of the site of Canada's First Parliament Buildings, municipally known as 25 Berkeley Street and 265 and 271 Front Street East, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

 

b.  the payment amounts identified in Part 5.a. above shall be indexed upwardly in accordance with the Non-Residential Construction Price Index for Toronto, calculated from the date of execution of the Section 37 Agreement to the date of payment;

 

c.  in the event the cash contributions referred to in Part 5.a. above has not been used for the intended purpose within three (3) years of this By-law coming into full force and effect, the cash contribution may be redirected for another purpose, to the satisfaction 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 the vicinity of the lands; and

 

d.  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 provide and maintain to the satisfaction of the Chief Planner and Executive Director, City Planning, a publicly accessible pedestrian clearway across private property on those portions of River Street and Labatt Avenue abutting the subject property that do not contain adequate sidewalk widths to accommodate pedestrian activity and street trees, with the specific location, configuration and design to be determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, as amended and, as applicable, Section 41 of the Planning Act, as amended, and secured in a Site Plan Agreement with the City.

 

6.  City Council direct that, in the event the Owner elects, prior to the issuance of the first building permit, to develop the building with purpose built rental dwelling units, the owner will be required to enter into, and the City Solicitor is hereby authorized to negotiate, an agreement to secure the rental tenure of the units and prohibit conversion to condominium for a minimum period of 20 years, such that the long-term rental status is secured consistent with City practices and approaches on other redevelopments where rental has been proposed, with such agreement to be executed pursuant to s.37 of the Planning Act and/or the City of Toronto Act, and executed and registered on title in a form satisfactory to the City Solicitor, with the concurrence of the Chief Planner and Executive Director, City Planning.

 

7. City Council request the Chief Planner and Executive Director, City Planning, to create a Working Group of community representatives, including the Corktown Residents and Business Association, and the Ward Councillor, to address further issues during the Site Plan process.

Statutory - Planning Act, RSO 1990

Background Information (Community Council)

(September 26, 2016) Report and Attachments 1-8 and 11 from the Director, Community Planning, Toronto and East York District - 77 River Street and 7 Labatt Avenue - Official Plan Amendment and Zoning Amendment Applications - Final Report
https://www.toronto.ca/legdocs/mmis/2016/te/bgrd/backgroundfile-97579.pdf
Attachment 9 - Draft Zoning By-law Amendment to By-law 438-86 - 77 River Street and 7 Labatt Avenue - Official Plan Amendment and Zoning Amendment Applications - Final Report
https://www.toronto.ca/legdocs/mmis/2016/te/bgrd/backgroundfile-97580.pdf
Attachment 10 - Draft Zoning By-law Amendment to By-law 569-2013 - 77 River Street and 7 Labatt Avenue - Official Plan Amendment and Zoning Amendment Applications - Final Report
https://www.toronto.ca/legdocs/mmis/2016/te/bgrd/backgroundfile-97581.pdf

Communications (Community Council)

(October 12, 2016) Letter from Claudia Morrison, Jennifer Lay and Jackie Rumyee, Corktown Mews (TE.Main.TE20.9.1)
https://www.toronto.ca/legdocs/mmis/2016/te/comm/communicationfile-63791.pdf
(October 12, 2016) E-mail from Joe Harmatiuk (TE.Main.TE20.9.2)
(October 12, 2016) Letter from Scott Barker, Corktown Residents and Business Association (TE.Main.TE20.9.3)
https://www.toronto.ca/legdocs/mmis/2016/te/comm/communicationfile-63790.pdf

Communications (City Council)

(December 13, 2016) Letter from Mark Piel, Dentons Canada LLP (CC.New.TE20.9.4)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-64532.pdf
(December 14, 2016) Letter from Mark Piel, Dentons Canada LLP (CC.New.TE20.9.5)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-64548.pdf

Motions (City Council)

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

That City Council direct that, in the event that the Owner elects, prior to the issuance of the first building permit, to develop the building with purpose built rental dwelling units, the owner will be required to enter into, and the City Solicitor is hereby authorized to negotiate, an agreement to secure the rental tenure of the units and prohibit conversion to condominium  for a minimum period of 20 years, such that the long-term rental status is secured consistent with City practices and approaches on other redevelopments where rental has been proposed, with such agreement to be executed pursuant to s.37 of the Planning Act and/or the City of Toronto Act, and executed and registered on title in a form satisfactory to the City Solicitor, with the concurrence of the Chief Planner and Executive Director, City Planning.

Vote (Amend Item (Additional)) Dec-14-2016 8:31 PM

Result: Carried Majority Required - TE20.9 - McConnell - motion 1
Total members that voted Yes: 32 Members that voted Yes are Ana Bail„o, Jon Burnside, Christin Carmichael Greb, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Michael Ford, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Mike Layton, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are John Campbell
Total members that were Absent: 11 Members that were absent are Paul Ainslie, Maria Augimeri, Shelley Carroll, Joe Cressy, Paula Fletcher, Michelle Holland, Norman Kelly, Chin Lee, Giorgio Mammoliti, Ron Moeser, James Pasternak

Motion to Adopt Item as Amended (Carried)

TE20.9 - Final Report - 77 River Street and 7 Labatt Avenue - Official Plan Amendment and Zoning Amendment Applications

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

Statutory - Planning Act, RSO 1990

Community Council Recommendations

The Toronto and East York Community Council recommends that:

 

1.  City Council amend the Official Plan, for the lands at 77 River Street and 7 Labatt Avenue substantially in accordance with the draft Official Plan Amendment attached as Attachment 8 to the report (September 26, 2016) from the Director, Community Planning Toronto and East York District.

 

2.  City Council amend Zoning By-law 438-86 for the lands at 77 River Street and 7 Labatt Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 9 to the report (September 26, 2016) from the Director, Community Planning Toronto and East York District.

 

3.  City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 77 River Street and 7 Labatt Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 10 to the report (September 26, 2016) from the Director, Community Planning Toronto and East York District.

 

4.  City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and/or draft Zoning By-law Amendment as may be required.

 

5.  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.  Prior to the issuance of the first above-grade building permit, the owner shall pay to the City the sum of $2,000,000 to be allocated as follows:

 

i.  $1,000,000 towards the development of the Dixon Hall Youth Centre to be located in Regent Park, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

 

ii.  $625,000 towards local streetscape and/or parkland improvements to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

 

iii.  $325,000 towards the development of the Cabbagetown Regent Park Museum to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

 

iv.  $50,000 towards the redevelopment of the site of Canada's First Parliament Buildings, municipally known as 25 Berkeley Street and 265 and 271 Front Street East, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

 

b.  the payment amounts identified in Recommendation 5.a. above shall be indexed upwardly in accordance with the Non-Residential Construction Price Index for Toronto, calculated from the date of execution of the Section 37 Agreement to the date of payment;

 

c.  in the event the cash contributions referred to in Recommendation 5.a. above has not been used for the intended purpose within three (3) years of this By-law coming into full force and effect, the cash contribution may be redirected for another purpose, to the satisfaction 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 the vicinity of the lands;

 

d.  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 provide and maintain to the satisfaction of the Chief Planner and Executive Director, City Planning, a publicly accessible pedestrian clearway across private property on those portions of River Street and Labatt Avenue abutting the subject property that do not contain adequate sidewalk widths to accommodate pedestrian activity and street trees, with the specific location, configuration and design to be determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, as amended and, as applicable, Section 41 of the Planning Act, as amended, and secured in a Site Plan Agreement with the City.

 

6. City Council request the Chief Planner and Executive Director, City Planning, to create a Working Group of community representatives, including the Corktown Residents and Business Association, and the Ward Councillor, to address further issues during the Site Plan process.

Decision Advice and Other Information

The Toronto and East York Community Council:

 

1.  Requested the General Manager, Transportation Services, to report back to the Toronto and East York Community Council on the realignment of Permit Parking area 7C and the exclusion of the development located at 77 River Street and 7 Labatt Avenue.

 

The Toronto and East York Community Council held a statutory public meeting on November 15, 2016, and notice was given in accordance with the Planning Act.

Origin

(September 26, 2016) Report from the Director, Community Planning, Toronto and East York District

Summary

The applications to amend the Official Plan and Zoning By-law for the properties at 77 River Street and 7 Labatt Avenue propose to permit the construction of a 38-storey tower including an 11-storey base building.  The proposed building would contain 584 dwelling units, 2,773.5 square metres of retail space located on the ground floor and 3,612.5 square metres of office space located on the ground floor and second floor. The proposal also includes a 3-level underground parking garage containing 405 parking spaces.  The proposed development would require the demolition of the existing Salvation Army building at 77 River Street and the low-rise office building at 7 Labatt Avenue.

 

This proposal is the result of discussions between the City and applicant related to the applicant's appeal of the Ontario Municipal Board of the Queen-River Secondary Plan (OPA 287) and site specific development criteria.  The proposal represents appropriate intensification and reinvestment on a large underutilized site within a Regeneration Area.  While the height of the proposal exceeds that proposed by the secondary plan, the application has been revised to reduce the number of towers on site from 2 to 1 and provides an overall massing and land use that is more in keeping with the staff recommended and Council adopted Secondary Plan.  It provides retail, office and residential uses as well as an improved public realm consisting of widened sidewalks, street trees and a more animated street frontage on both River Street and Labatt Avenue.

 

This report reviews and recommends approval of the applications to amend the Official Plan and Zoning By-law.

Background Information

(September 26, 2016) Report and Attachments 1-8 and 11 from the Director, Community Planning, Toronto and East York District - 77 River Street and 7 Labatt Avenue - Official Plan Amendment and Zoning Amendment Applications - Final Report
https://www.toronto.ca/legdocs/mmis/2016/te/bgrd/backgroundfile-97579.pdf
Attachment 9 - Draft Zoning By-law Amendment to By-law 438-86 - 77 River Street and 7 Labatt Avenue - Official Plan Amendment and Zoning Amendment Applications - Final Report
https://www.toronto.ca/legdocs/mmis/2016/te/bgrd/backgroundfile-97580.pdf
Attachment 10 - Draft Zoning By-law Amendment to By-law 569-2013 - 77 River Street and 7 Labatt Avenue - Official Plan Amendment and Zoning Amendment Applications - Final Report
https://www.toronto.ca/legdocs/mmis/2016/te/bgrd/backgroundfile-97581.pdf

Communications

(October 12, 2016) Letter from Claudia Morrison, Jennifer Lay and Jackie Rumyee, Corktown Mews (TE.Main.TE20.9.1)
https://www.toronto.ca/legdocs/mmis/2016/te/comm/communicationfile-63791.pdf
(October 12, 2016) E-mail from Joe Harmatiuk (TE.Main.TE20.9.2)
(October 12, 2016) Letter from Scott Barker, Corktown Residents and Business Association (TE.Main.TE20.9.3)
https://www.toronto.ca/legdocs/mmis/2016/te/comm/communicationfile-63790.pdf

Motions

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

That:

 

6.  Request the Chief Planner and Executive Director, City Planning, create a Working Group of community representatives, including the Corktown Residents and Business Association, and the local Councillor, to address further issues during the Site Plan process.

 

7. Request the General Manager, Transportation Services, to report back to Toronto and East York Community Council on the realignment of Permit Parking area 7C and the exclusion of the development located at 77 River Street and 7 Labatt Avenue.

 

Source: Toronto City Clerk at www.toronto.ca/council