Item - 2018.PG29.4

City Council on May 22, 23 and 24, 2018, adopted the following:

1. City Council amend the Downtown Plan Attachment 1 - Official Plan Amendment Schedules - Schedule 5 - Downtown Plan, attached to the report (April 17, 2018) from the Chief Planner and Executive Director, City Planning as follows:

a.  replace Policy 6.2.3. with the following:

6.2.3. only contain office and/or non-residential gross floor area for any increase in density above the existing as-of-right permissions contained within the in-force Zoning By-law.

b.  replace Policy 6.13. with the following:

6.13. Lands owned by an institution will be prioritized for institutional uses to support the growth of health, educational and/or government institutional campuses.

c.  replace Policy 6.15.2. with the following:

6.15.2. only contain institutional and/or non-residential gross floor area for any increase in density above the existing as-of-right permissions contained within the in-force Zoning By-law.

d. replace the first sentence under Health Sciences District in Section 6, Land Use and Economy with the following:

A significant number of hospitals, treatment, academic, education, research and related commercial functions are clustered within close walking distance of one another in an area centred on University Avenue.

e.  replace Policy 6.37. with the following:

6.37. Where development fronts onto one or more Priority Retail Street(s), the ground floor frontage will include only retail and service commercial space with exceptions for:

6.37.1. lobbies;

6.37.2. publicly accessible institutional or community uses that animate the space at grade; and/or

6.37.3. parking entrances, servicing spaces and other service exits where no secondary street or laneway access exists.

f.  replace Policy 7.46.2. with the following:

7.46.2. any payment in excess of 5 percent of the site area and up to the rate established by by-law will be used to implement parkland acquisition and improvements within the Downtown and in the vicinity of the development, and/or that contributes to a park initiative identified in policies 7.5. through 7.33. inclusive.

g.  replace the lead-in phrase in Policy 9.6 with the following:

9.6. The City may reduce the 6-metre curb to building face requirement where:

h.  delete line 9.6.3 of Schedule 1, 41, Section 9 – Built Form

Line to be deleted:

the prevailing pattern of buildings consists of narrow frontages with little or no setbacks. 

i.  replace Policy 9.7.5. with the following:

9.7.5. there is a need to improve access to or space for public transit and transit users; and/or

j.  replace Policy 9.15. with the following:

9.15. Mixed-use and residential buildings will have a maximum floorplate size of 750 square metres above the base building. Increases to the 750 square metre floorplate size may be considered when it is demonstrated to the City’s satisfaction that the impacts of the larger floorplate, including but not necessarily limited to pedestrian comfort, shadow, transition, sky-view and wind, can be addressed.

k.  replace Policy 9.16. with the following:

9.16. Non-residential buildings may have floorplate sizes greater than 750 square metres above the base building, provided it is demonstrated to the City’s satisfaction that the impacts of the larger floorplate, including but not necessarily limited to pedestrian comfort, shadow, transition, sky-view and wind, can be addressed.

l.  replace the lead-in phrase in Policy 10.3. with the following:

10.3. Development will contribute to the delivery of community service facilities, as appropriate, through:

m.  replace Policy 10.5. with the following:

10.5.  Development will replace the total gross floor area of any existing on-site community service facilities to ensure no loss of community service and facility space. The total gross floor area of the replacement community service facilities will be excluded from the total gross floor area permitted on the site, provided the following matters are provided by the owner and secured to the City's satisfaction:

a. locate, design, construct, finish and furnish the community service facilities at no cost to the City; and

b.  provision of the space for a period of no less than 10 years at a rent similar to that in effect at the time of application, with annual increases in line with the rate of inflation; and

n.  replace Policy 10.7. with the following:

10.7.  Development will include a non-profit child care facility where it can be accommodated on the site.

o.  replace the lead-in phrase in Policy 11.1. with the following: 

11.1. To achieve a balanced mix of unit types and sizes, development containing more than 80 new residential units will include:

2.  City Council amend the Downtown Plan Attachment 1 - Official Plan Amendment Schedules - Schedule 5 - Downtown Plan, attached to the report (April 17, 2018) from the Chief Planner and Executive Director, City Planning by adding:

a.  a new policy to Schedule 1, 41, Section 1 - How to Read This Plan:

The provisions of the Official Plan, which set out the policies applicable to Neighbourhoods, and development criteria within Neighbourhoods, will continue to apply to neighbourhoods in the Downtown unless such polices are in conflict with an applicable Secondary Plan, or Site and Area Specific Policy.

b. a new policy in Section 5, Linking Growth and Infrastructure To Achieve Complete Communities, after Policy 5.3:

Development in Mixed Use Areas 1, Mixed Use Areas 2, Mixed Use Areas 3 and Regeneration Areas containing only institutional uses that are owned and operated by an institution, with related ancillary uses, will be exempt from the Complete Community Assessment requirement under Policy 5.3.

c.  a new policy to Section 8, Parking and Curbside Management:

Development will generally be required to limit and/or consolidate vehicle access points and will be encouraged to provide facilities for passenger pick-up/drop-off, loading and parking in off-street locations and/or within building footprints, in order to free up on-street curbside and public realm space and improve safety of pedestrians and cyclists.

d.  a new policy to Section 9, Physical Determinants of Intensity and Scale, after Policy 9.14:

Development will be located and massed to define and frame the edges of the public realm with good street proportion, ensuring comfortable sun and wind conditions on the public realm and neighbouring properties by stepping back building mass and/or limiting building footprints above the streetwall height to allow daylight and sunlight to penetrate to the street and lower building levels.

e.  a new policy to Section 10, Community Services and Facilities:

Notwithstanding Policy 10.5 the replacement of any existing community service facilities may be provided off-site at the City's discretion provided:

a.  a receiving site has been secured to the City’s satisfaction;

b.  funding equivalent to the City's cost of replacing the existing community service facilities within the vicinity of the development has been determined and agreed upon; and

c.  financial securities equivalent to the City's cost of replacing the existing community service facilities is provided and will be held by the City until such time as the replacement facility is constructed; and 

f.  a new policy to Section 10, Community Services and Facilities:

When it has been determined by the City that existing community service facilities cannot be replaced on-site or off-site, the City may accept a monetary contribution equivalent to the City's cost of replacing the existing community service facilities within the vicinity of the development.

g.  a new policy to Section 11, Housing, after Policy 11.1.:

The City may reduce the requirements for Policy 11.1 where development is providing:

a. social housing or other publicly funded housing; or

b. specialized housing such as residences owned and operated by a post-secondary institution or a health care institution to house students, patients or employees.

3.  City Council amend the Downtown Plan Attachment 1 – Official Plan Amendment Schedules – Schedule 5 – Downtown Plan, attached to the report (April 17, 2018) from the Chief Planner and Executive Director, City Planning by:

a.  revising Map 41-2 to revise the northern boundary of the Health Sciences District to follow the alignment of Queen's Park Crescent;

b. revising Maps 41-3, 41-3-B and 41-3-C, to change the area generally bounded by Church Street, Richmond Street East, Jarvis Street, and generally following the alignment of Richard Bigley Lane (north of Queen Street East) from Mixed Use Areas 3 to Mixed Use Areas 2;

c.  revising Maps 41-3, 41-3-B and 41-3-C, to change the Mixed Use Areas along the north side of Bloor Street West between Walmer Road and St. George Street from Mixed Use Areas 2 to Mixed Use Areas 3;

d. revising Maps 41-3, 41-3-C and 41-3-D, to change the Mixed Use Areas along Harbord Street (excluding the northwest and southwest corners of Harbord Street and Spadina Avenue) from Mixed Use Areas 3 to Mixed Use Areas 4;
 

e. revising Map 41-8 Park Districts to show The Annex Park District bounded by Dupont Street-Davenport Road-Avenue Road-Bloor Street West-Bathurst Street-Olive Avenue-Palmerston Avenue and to include all of the parks within this boundary;

f.  amending Map 41-3-C Mixed Use Areas 3-Main Street and Map 41-3–D Mixed Use Areas 4-Local to designate Avenue Road between Pears Avenue and Dupont Street as Mixed Use Area 4, as was originally recommended and shown in the August 18, 2017 proposed Downtown Plan map attachments; and

g.  revising Map 41-14 to revise the John Street Cultural Corridor to extend south to Queens Quay (along Rees Street.

4.  City Council amend the Official Plan for the lands located within the Downtown substantially in accordance with the Downtown Plan Official Plan Amendment in Attachment 1 to the report (April 17, 2018) from the Chief Planner and Executive Director, City Planning, as amended by Parts 1, 2 and 3 above.

5.  City Council authorize the Chief Planner and Executive Director, City Planning to seek the approval of the Minister of Municipal Affairs of Ontario of the Downtown Plan Official Plan Amendment under Section 26 of the Planning Act. R.S.O. 1990, c. P.13.

6.  City Council resolve and declare that the revisions to the Official Plan in Attachment 1 to the report (April 17, 2018) from the Chief Planner and Executive Director, City Planning, conform to the Growth Plan, 2017, have regard to matters of Provincial interest listed in Section 2 of the Planning Act and are consistent with the Provincial Policy Statement, 2014 issued under Section 3 of the Planning Act.

7.  City Council direct the Chief Planner and Executive Director, City Planning, to use the Downtown Plan policies, contained in Attachment 1, Schedule 5 to the report (April 17, 2018) from the Chief Planner and Executive Director, City Planning, to inform evaluation of current and future development applications in the Downtown Plan area.

8.  City Council direct the Chief Planner and Executive Director, City Planning to incorporate the Complete Community Assessment as outlined in Attachment 5 to the report (April 17, 2018) from the Chief Planner and Executive Director, City Planning as an addendum to the Toronto Development Guide Planning Rationale Terms of Reference.

9.  City Council direct the Chief Planner and Executive Director, City Planning and the General Manager of Parks, Forestry and Recreation to prepare a By-law by early 2019 that will amend the Municipal Code (Chapter 415) to enact an alternative requirement for parkland provision for the Downtown in accordance with the permissions under Section 42 of the Planning Act in consultation with the development industry and other stakeholders.

10.  City Council direct the Chief Planner and Executive Director, City Planning to prepare necessary amendments to Zoning By-law 569-2013 and former City of Toronto Zoning By-law 438-86 as it relates to Retail Priority Streets, and undertake public consultation on the draft amendments.

11.  City Council direct the Chief Planner and Executive Director, City Planning to undertake a built form and public realm study resulting in a Site and Area Specific Policy for the area generally bounded by Yonge Street, Gerrard Street, Jarvis Street and the Gardiner Expressway.

12.  City Council direct the Chief Planner and Executive Director, City Planning, in collaboration with other Divisions including Parks, Forestry and Recreation, Transportation Services, and Economic Development and Culture, to undertake a King-Parliament Secondary Plan review focused on built form, public realm and heritage.

13.  City Council direct the Chief Planner and Executive Director, City Planning to undertake a built form, public realm and heritage study for the north side of Queen Street East, between Jarvis Street and River Street, concurrent with the King-Parliament Secondary Plan review identified in Part 12 above.

14.  City Council direct the Chief Planner and Executive Director, City Planning to prepare Site and Area Specific Policies for areas within 500 metres of planned rapid transit stations within the Downtown, generally shown in Attachment 1, Schedule 5, Map 4 to the report (April 17, 2018) from the Chief Planner and Executive Director, City Planning.

15.  City Council authorize the City Solicitor to make such stylistic and technical changes to the Downtown Plan Official Plan Amendment as may be required.

16.  City Council direct the Chief Planner and Executive Director, City Planning to undertake a study to consider an area-specific Official Plan Section 37 policy for the Downtown Plan including but not limited to the use of a quantitative formula that would provide clarity and consistency related to increases in height and density in calculating Section 37 community benefit contributions, to consult with the local City Councillors, neighbourhood associations and other stakeholders, and to report back to the Planning and Growth Management Committee on the approach and recommended policy amendments by the fourth quarter of 2019.
 

17.  City Council direct the Chief Planner and Executive Director City Planning, in consultation with other Divisions including Parks, Forestry and Recreation, Social Development, Finance and Administration and Real Estate Services, to support the Toronto District School Board and the Toronto Catholic District School Board in advancing planning for school facilities facing growth-driven enrollment pressures in areas targeted for growth.  

 
18.  City Council request the Province of Ontario to meet with senior City Staff and with senior staff in the Ministry of Education and Ministry of Municipal Affairs to explore a special funding strategy to meet the capital requirements of the Toronto District School Board in areas approved for growth to support local and timely provision of school facilities.

19. City Council request the Government of Ontario to strengthen the requirements for minimizing sound transmission within buildings by moving expeditiously to harmonize the Ontario Building Code provisions related to sound control with those contained in the 2015 model National Building Code, as supported by the City of Toronto's Chief Building Official in the Province's 2016 Phase 1 Ontario Building Code Consultation.

20.  City Council direct the Chief Planner and Executive Director, City Planning, the General Manager, Parks, Forestry and Recreation, the General Manager, Transportation Services, the General Manager, Children's Services, the General Manager, Toronto Water, the Director, Real Estate Services, the Executive Director, Social Development, Finance and Administration and the Director, Environment and Energy, to monitor and report back to Council every five years on the implementation of the infrastructure strategies and plans identified in the Downtown Plan to ensure that the infrastructure requirements and priorities contained within them reflect the changing conditions within Downtown over time, and in advance of the next Development Charges By-law update.  

21. City Council request the Chief Building Official and Executive Director, Toronto Building to work with the building officials of other large Ontario municipalities, to encourage the Government of Ontario to move quickly in adopting additional Ontario Building Code provisions to mitigate the adverse impacts of exterior sounds on building occupants.

22.  City Council direct the General Manager, Economic Development and Culture, in consultation with the Chief Planner and Executive Director, City Planning and the Executive Director, Municipal Licensing and Standards, to investigate the feasibility of the creation of a proposed noise mitigation program to support live music venues and report back to the Economic Development Committee in 2019 as part of the night-time economy action plan.

23.  City Council direct the Chief Planner and Executive Director, City Planning, the General Manager, Economic Development and Culture, the Executive Director, Municipal Licensing and Standards and the Chief Building Official, Toronto Building to undertake a review of the City-wide policies and zoning permissions related to live music venues and report back to the Planning and Growth Management Committee.

24.  City Council direct the General Manager, Economic Development and Culture, the Chief Planner and Executive Director, City Planning, to develop a terms of reference for Noise Impact Studies for new developments within 120 metres of existing live music venues and report back to the Planning and Growth Management Committee in 2019 on the appropriate protocol for the use of the Noise Impact Studies.

25.  City Council direct the Chief Planner and Executive Director, City Planning to report to the Toronto and East York Community Council in the second quarter of 2019 with recommendations on updates to Site and Area Specific Policy 211 and City Council direct staff to continue to use the Bloor-Yorkville/North Midtown Planning Framework and Implementation Strategy to inform the evaluation of development applications until such time that the updated Site and Area Specific Policy 211 is approved by City Council. 

26.  City Council direct the Chief Planner and Executive Director, City Planning, Chief Medical Officer of Health, and Executive Director of Social Development, Finance and Administration, to support the Toronto Central Local Health Integration Network (TCLHIN) and Downtown hospitals in advancing long-range planning for hospitals and other related health services and facilities in coordination with the Ministry of Health.