Item - 2018.PG30.5

City Council on June 26, 27, 28 and 29, 2018, adopted the following: 

1. City Council adopt the Official Plan Amendment for the Unilever Precinct Secondary Plan, in Attachment 1 to the supplementary report (June 26, 2018) from the Chief Planner and Executive Director, City Planning.

2. City Council endorse the Unilever Precinct Planning Framework, dated June 2018, attached as Attachment 2 to the supplementary report (June 26, 2018) from the Chief Planner and Executive Director, City Planning.

3. City Council amend Zoning By-law 438-86, as amended, for the lands at 21 Don Valley Parkway, 30 Booth Avenue, and 375 and 385 Eastern Avenue, substantially in accordance with draft Zoning By-law Amendment in Attachment 3 to the supplementary report (June 26, 2018) from the Chief Planner and Executive Director, City Planning.

4. City Council amend Zoning By-law 569-2013 for the lands at 21 Don Valley Parkway, 30 Booth Avenue, and 375 and 385 Eastern Avenue, substantially in accordance with the draft Zoning By-law Amendment, in Attachment 4 to the supplementary report (June 26, 2018) from the Chief Planner and Executive Director, City Planning.

5. City Council require the owner(s) of 21 Don Valley Parkway, 30 Booth Avenue, and 375 and 385 Eastern Avenue (the "East Harbour Lands") to enter into and/or register an Agreement(s) pursuant to Section 37 of the Planning Act, together with satisfactory provisions in the amending by-laws, to secure the items described below, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor and at the owner's expense, before introducing the necessary Bills to City Council for enactment of Parts 3 and 4 above:

a. public art on site equivalent to a minimum value of $10,500,000, generally in accordance with the approach outlined in the City of Toronto's Percent for Public Art Guidelines. Art will be provided throughout the development, with delivery linked to development phasing, and in accordance with the Public Art Plan contained within the Unilever Precinct Planning Framework.  Details will be further defined through the completion by the landowner of a Public Art Master Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor and the community;

b. design, construction, and provision by the owner of a minimum of 1,400 square metres of gross floor area to be to be used as affordable incubator employment space. The space will be finished to a shell condition, to be leased at nominal cost to the City for a term of 25 years within the approved development, with a contribution by the owner of $613,291 towards the fit-out of the space.  The owner consents to the City subleasing the workspace to qualified not-for-profit partners or a post-secondary institution that will operate the space and deliver the small business incubation programming;

c. design, construction, and provision by the owner of a minimum of 2,800 square metres of gross floor area, with a prominent ground floor presence and being on the first and second storeys, to be to be used as affordable community and/or cultural space.  The space will be finished to a shell condition, to be leased at nominal cost to the City for a term of 25 years within the approved development, with a contribution by the owner of $1,226,581 towards the fit-out of the space.  The owner consents to the City subleasing the community and/or cultural space to qualified not-for-profit partners or a post-secondary institution that will operate the space and deliver the programming;

d. a cash contribution by the owner to the City of $5,000,000 to be allocated to support the construction of off-site affordable rental housing in the immediate area;

e. a cash contribution by the owner to the City of $3,500,000 to be allocated to community services and facilities priorities to serve the area worker population as well as the adjacent neighbourhood, including all or some combination of:

1.  non-profit licensed workplace ancillary daycare facilities to serve the worker population;

2.  multi-purpose community space to be located in an accessible and highly visible location for non-profit community organizations to deliver human services and/or arts and cultural programs all or some combination of;

3.  improvements to library and recreation facilities that serve the area; and/or

4.  the refurbishment and adaptive reuse of the listed buildings at 433 and 447 Eastern Avenue buildings, in the event that these buildings are no longer required for municipal works yard purposes and surplussed, with such contribution to be specifically targeted towards the adaptive reuse of these buildings for arts and cultural uses;
 

f. the design, construction and maintenance of landscape and public realm improvements on top of the flood protection landform, at a value of at least $1,000,000, the timing of and design of which shall be to the satisfaction of the Toronto and Region Conservation Authority and the Chief Planner and Executive Director, City Planning;

g. East Harbour will be developed in phases, and the owner will provide the community benefits set out in Parts 5.a. to 5.f. above in accordance with the phases set out below in Table 1, with the phases as generally illustrated in Attachment 7 to the report (May 24, 2018) from the Chief Planner and Executive Director, City Planning. The community benefits for each phase, including the timing and location thereof, shall be secured in phase-specific Section 37 Agreement(s), to be executed prior to the issuance of the first above-grade building permit for each phase, as applicable. Each phase-specific agreement(s) shall address the appropriate timing of the contributions in relation to the gross floor area under development;

Table 1: Section 37 Phasing

h. Council authorizes staff to move the community benefits in Table 1 between phases, without requiring an amendment to the zoning by-laws, as long as any such changes are secured in the phase-specific agreement(s) pursuant to Section 37(3) of the Planning Act, or amendments thereto, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

i. Council authorizes staff to make minor adjustments to Schedule B to the Zoning By-laws referenced in Parts 3 and 4 above, to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Economic Development and Culture, and the Director, Real Estate Services;

j. in the event the cash contributions referred to in Parts 5.a. to 5.g. above have not been used for the intended purpose within ten (10) years of the date of the issuance of the first above-grade building permit for the identified timeframe within the subject provision, the cash contribution may be directed for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the local Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands;

k. the payments required in Parts 5.a. to 5.g. above, shall increase in accordance with the increase in the Non-Residential Construction Price Index for the Toronto census metropolitan area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication 327-0058, or its successor, calculated from the date of execution of the Section 37 Agreement or, if the site specific by-laws for the project are appealed to the Local Planning Appeal Tribunal, from the date of the Tribunal order approving the by-laws, to the date of submission of the funds by the owner to the City;

l. the benefits identified in Parts 5.b. and 5.c. above will be administered by the General Manager, Economic Development and Culture, subject to terms and conditions to the satisfaction of the Director, Real Estate Services;

m. the following matters shall be secured in the Section 37 Agreement and the Zoning By-law amendments as a legal convenience to support development at the owner's expense, with the timing of matters to be secured in phase-specific Section 37 Agreement(s) where appropriate, all to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor:

1. the owner shall agree to provide the following, to the satisfaction of the General Manager, Transportation Services, the Chief Engineer and Executive Director, Engineering and Construction Services, the Director, Real Estate Services, the Chief Planner and Executive Director, City Planning, and the City Solicitor, in consultation with the Ward Councillor:

i.  transportation, streetscape, intersection and public realm improvements linked to the development proposal, including letters of credit to secure works;

ii.  construction of a Flood Protection Landform, in accordance with the final detailed design of the Port Lands Flood Protection project, and conveyance of the constructed landform in its entirety to the Toronto and Region Conservation Authority;

iii.  submission of a Construction Management Plan and Traffic Mitigation Plan for each phase of development, to the satisfaction of the General Manager, Transportation Services, and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor;

iv.  creation of area-specific design guidelines to the satisfaction of the Chief Planner and Executive Director, City Planning, to govern design excellence and high quality materials for the future buildings within the Precinct;

v.  construction and maintenance of the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by City Council at its meeting on October 26 and 27, 2009 through the adoption of Item PG32.3, as further amended by City Council from time to time;

vi.  provision and implementation of landscape phasing plans to reflect interim conditions for each development phase during its construction period;

vii.  Publicly-Accessible Privately Owned Space, easements over the Publicly-Accessible Privately Owned Space, and other public access easements as necessary over privately-owned open spaces, all to provide public access for use by the general public, which easements shall include provisions for rights of support if necessary, and insurance and indemnification of the City by the owner, to the satisfaction of the Director, Real Estate Services, the Chief Planner and Executive Director, City Planning, and the City Solicitor, in consultation with the Ward Councillor; the public access easements are to be conveyed to the City free and clear of all physical and title encumbrances unless otherwise agreed to by City Planning and the City Solicitor; the owner shall own, operate, maintain and repair the Publicly-Accessible Privately Owned Space and other publicly accessible spaces; and the owner shall install and maintain signage within the Publicly-Accessible Privately Owned Space, in accordance with the City’s Urban Design Guidelines for Publicly-Accessible Privately Owned Space;

viii.  prior to issuance of the first above grade building permit for any phase or substantial building of at least 20 metres or 6 storeys, the owner shall, at the request of the Chief Planner and Executive Director, City Planning, submit an updated, detailed Wind Study including wind tunnel analysis, satisfactory to the Chief Planner and Executive Director, City Planning, which identifies recommendations for the pedestrian realm and the outdoor areas of the podiums to mitigate wind impacts year-round, and the owner shall implement and maintain in support of the development all recommended mitigation measures to the satisfaction of the Chief Planner and Executive Director, City Planning;

ix.  prior to issuance of the first above grade building permit for any phase or building, the owner shall submit, or provide updated submissions of, a compatibility study or studies, which shall be prepared to the satisfaction of the City of Toronto in consultation with the Ministry of the Environment and Climate Change, evaluating how potentially sensitive uses in the given phase or building within 1,000 metres of existing major facilities such as the Enbridge facility located at 405 Eastern Avenue and the City works yard located at 433 Eastern Avenue and 50 Booth Avenue, would affect the ability of those facilities to carry out normal business activities; the compatibility study or studies shall also evaluate potential adverse effects from odour, noise and/or other contaminates on anticipated users of the proposed sensitive uses, and recommend how potential adverse effects may be mitigated to minimize risk to public health and safety and to ensure the long term viability of major facilities; and mitigation measures shall be implemented by the proponent of development and secured through planning instruments;

x.  at the time of registration of draft plan of subdivision, in accordance with Section 42 of the Planning Act, the owner shall convey to the City an on-site parkland dedication with direct frontage on New Street E, south of New Street E and east of the Don Roadway, as shown generally on the Master Plan Update dated May 2018, page 13, prepared by Urban Strategies Inc., with satisfactory arrangements in the Section 37 Agreement(s) to secure the conveyance (which may include the provision of letters of credit or other securities) for lands to be developed in advance of the registration of the draft plan of subdivision, all to the satisfaction of the General Manager, Parks, Forestry and Recreation, and the City Solicitor;

xi.  the owner shall at its expense provide knock-out panels along the north walls of any future concourse level of the buildings immediately adjacent to the Transit Hub, for potential future underground pedestrian network connections, to the satisfaction of the Chief Planner and Executive Director, City Planning;

xii.  the owner shall, at the request of the Toronto Transit Commission, agree to complete a Toronto Transit Commission technical review(s) respecting the development and a potential future Relief Line Toronto Transit Commission second exit/entrance facility, and shall address all concerns arising from the technical review(s) to the satisfaction of the Toronto Transit Commission in consultation with the Chief Planner and Executive Director, City Planning Division, and Metrolinx;

xiii.  the owner shall convey an easement or fee simple conveyance to the City and Toronto Transit Commission, at its election, for access and other rights as may be required for the Toronto Transit Commission second exit/entrance facility over and through the portion of development lands owned by the Owner, should such be requested to connect to the Relief Line in future; and

xix. the owner shall enter into agreement(s) with the Toronto Transit Commission that will set out the Owner’s obligations to construct and maintain a new exit/entrance within the development and the necessary easements in place for public egress and ingress. The terms of the agreement shall be negotiated with the Owner, in consultation with the Chief Planner and Executive Director, City Planning Division and the agreement shall be to the satisfaction of Toronto Transit Commission in consultation with the Chief Planner and Executive Director, City Planning Division.
 

6. City Council, pursuant to subsection 45(1.4) of the Planning Act, R.S.O. 1990, c. P.13, permit applications for minor variances from the former City of Toronto Zoning By-law 438-86 and City-wide Zoning By-law 569-2013 in respect of the renovation, extension  and adaptive reuse of the existing former Unilever Soap Factory at 21 Don Valley Parkway, and to refine the boundaries of zoning mapping in accordance with design and construction details of the flood protection landform and/or transit station, before the second anniversary of the day on which the Zoning By-law amendments in Parts 3 and 4 above are enacted.

7. City Council determine that no further notice is required pursuant to section 34(17) of the Planning Act, R.S.O. 1990, c. P.13. with respect to the changes to the proposed Zoning By-law Amendments.

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

9. City Council direct the Chief Planner and Executive Director, City Planning to obtain the approval of the Minister of Municipal Affairs and the Minister of Natural Resources and Forestry on Site and Area Specific Policy 426 to Official Plan Amendment 231 and the Unilever Precinct Secondary Plan, before introducing the necessary Bills to City Council for enactment of Parts 1, 3 and 4 above.

10. City Council direct the Chief Planner and Executive Director, City Planning to request that the Minister of Municipal Affairs and the Minister of Natural Resources and Forestry to render decisions on Site and Area Specific Policy 426 to Official Plan Amendment 231 and the Unilever Precinct Secondary Plan concurrently.
 

11. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

12. City Council direct that cost sharing be resolved through a subdivision or other agreement, in keeping with the City's Development Charge policies and local service guidelines, and recognizing the importance of the redevelopment and the significant enabling infrastructure investment by the City; this resolution will be reported on as part of final reporting on the subdivision, or earlier, if necessary. 

13. City Council approve entering into an agreement between the City and the owner to reimburse the owner to a maximum of $4,494,975 for the eligible cost of construction of the First Gulf/Unilever flood protection landform, as approved by the Toronto and Region Conservation Authority and the Chief Engineer and Executive Director, Engineering and Construction Services, and upon acceptance by the City; the reimbursement will be funded through the approved budget for Port Lands Flood Protection and/or a development charge credit against the Storm Water Management component of the Development Charge payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

14. City Council authorize the appropriate City officials to take such actions as are necessary to implement Council's decision, including execution of the applicable Section 37 and other Agreements.