Item - 2018.PG31.2

Tracking Status

PG31.2 - 721 Eastern Ave - Official Plan Amendment, Zoning Amendment and Draft Plan of Subdivision Applications - Final Report

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

City Council Decision

City Council on July 23, 24, 25, 26, 27 and 30, 2018, adopted the following:

 

1.  City Council amend the Official Plan, for the lands at 721 Eastern Avenue substantially in accordance with the draft Official Plan Amendment in Attachment 9 to the report (June 25, 2018) from the Chief Planner and Executive Director, City Planning.

 

2.  City Council amend Zoning By-law 438-86, for the lands at 721 Eastern Avenue substantially in accordance with the draft Zoning By-law Amendment in Attachment 1 to the supplementary report (July 26, 2018) from the Chief Planner and Executive Director, City Planning.

 

3.  City Council amend Zoning By-law No. 569-2013, for the lands at 721 Eastern Avenue substantially in accordance with the draft Zoning By-law Amendment in Attachment 2 to the supplementary report (July 26, 2018) from the Chief Planner and Executive Director, City Planning.

 

4.  City Council require the Zoning By-laws described in Parts 2 and 3 above be subject to a holding symbol "H1" which may be lifted by City Council upon the owner completing a revised functional servicing and stormwater management report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

 

5.  City Council require the Zoning By-laws described in Parts 2 and 3 above be subject to a holding symbol "H2" with respect to potential additional retail uses which may be lifted by City Council upon the owner  providing a Retail Impact Assessment to the satisfaction of the Chief Planner and Executive Director, City Planning, demonstrating acceptable impact on existing pedestrian shopping areas in the vicinity of the subject site of an increase in the maximum retail unit size from 2,500 square metres to 3,500 square metres.

 

6.  City Council amend By-law 344-2008 to permanently open a portion of the boulevard on the north side of the Lake Shore Boulevard East right-of-way in order to permit the connection to the new public street as proposed in the development application and as generally shown on Attachment 1 to the report (June 25, 2018) from the Chief Planner and Executive Director, City Planning, and to authorize the introduction of a Bill to Council once the site specific amendments to Zoning By-law 438-86 and Zoning By-law 569-2013 for 721 Eastern Avenue are in-force and the Subdivision has received draft plan approval to enact the change upon receipt of a Reference Plan identifying the above modification to the satisfaction of the General Manager, Transportation Services.

 

7.  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 Amendments as may be required.

 

8.  Before introducing the necessary Bills to City Council for enactment, City Council require the owner to:

 

a.  submit a draft Reference Plan of survey, in metric units and integrated with the Ontario Co-ordinate System, showing as separate PARTS thereof the lands to be conveyed to the City and the remainder of the site including any appurtenant rights-of-way to the Chief Engineer and Executive Director, Engineering and Construction Services, for review and approval, prior to depositing in the Land Registry Office; and

 

b.  provide revised drawings and/or documentation showing a turning radius for fire access routes with a centreline radius of not less than 12 metres, clearly showing the roadway centreline radius of the proposed public right-of-way and on Site Plan Drawing A101.R.

 

9.  Before introducing the necessary Bills to City Council for enactment of Part 1 above, City Council forward the adopted Official Plan Amendment to the Ministry of Municipal Affairs and Natural Resources and Forestry in accordance with the Protocol regarding the approval of proposed land use policy amendments within the Lower Don Special Policy Area.

 

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

 

11.  City Council request the Director, Transportation Services, Toronto and East York District in consultation 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.

 

12. City Council require the owner of 721 Eastern Avenue to enter into and/or register an Agreement pursuant to Section 37 of the Planning Act, together with satisfactory provisions in the amending by-laws, to secure the items described generally 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 2, 3, and 6 above:

 
a.  enter into a lease agreement for a 99-year term with the City of Toronto on the terms and conditions as set out in Schedule B to Attachment 1 and 2 to the supplementary report (July 26, 2018) from the Chief Planner and Executive Director, City Planning and on such other terms and conditions satisfactory to the Deputy City Manager, Internal Corporate Services, in consultation with the General Manager, Economic Development and Culture, for a minimum of 1,280 square metres (13,778 square feet) of space on two floors commencing at grade level in the Existing Building 'A', as identified on Attachment 3 to the report (June 25, 2018) from the Chief Planner and Executive Director, City Planning, for a nominal rent; the space will be designated for creative industries and entrepreneurship use and may include design, fashion incubators, technology start-up space, music and sound recording, and other appropriate creative industry uses; and the City agrees that the owner of Block A, as identified on Attachment 3 to the report (June 25, 2018) from the Chief Planner and Executive Director, City Planning, may have access to Eastern Avenue through Existing Building A and may use Existing Building A prior to the City taking occupancy of the space;

 
b.  prior to Site Plan Approval the owner will provide cash contributions for the following:

 
i.  $800,000 in the form of a certified cheque to the City of Toronto to be applied to the fit out costs for the space described in Part 12.a. above; and

 
ii.  $100,000 in the form of a certified cheque to the City of Toronto towards landscape improvements for the Bruce Public School yard;

 
c.  the owner will make commercially reasonable efforts to allow the future tenants of Building 'A' to continue operations during construction and redevelopment of the site; if this is not possible, the owner has a one-time option to relocate the future tenants to another space of a similar size and quality for a temporary duration and in a location and on reasonable terms and conditions, in light of the community space tenancy program, the subtenant mix, the relationship of the City Space to the street and the branding of the City Space at such time, to the satisfactory to the Deputy City Manager, Internal Corporate Services, in consultation with the General Manager, Economic Development and Culture until such time as Building 'A' is available for occupancy; and the owner shall be responsible for any and all costs associated with relocating future tenants as a result of the redevelopment of the site;

 
d.  the Owner shall have a one-time option (but not the obligation), in the event of bona fide substantial renovations to, or the bona fide redevelopment of the Development, to relocate the future tenants at the Owner's sole cost and expense to a similar location on the Site for the remainder of the Term, or similar premises in the vicinity of the Site, with the size, location, materials and design of the relocated Leased Premises City space (as well as any temporary facility, if applicable) and terms of the move to be to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Economic Development and Culture; and for greater certainty, such relocation shall be at no cost to the City;

 
e.  in the event the cash contribution referred to in Part 12.b. above has not been used for the intended purpose within five (5) years of this By-law coming into full force and effect, the contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the City of Toronto Official Plan and will benefit the community in the vicinity of the lands;

 
f.  the payments required in Part 12.b. above, shall increase in accordance with the increase in the Non-Residential Construction Price Index for the Toronto CMA, reported by Statistics Canada in Construction Price Statistics Publication 62-007-XPB, 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; and

 
g.  the design, construction and maintenance of landscape and public realm improvements on the City-owned open space area adjacent to Lake Shore Boulevard East, according to the approved plans, the timing of and design of which shall be to the satisfaction of the Chief Planner and Executive Director, City Planning. 

 

13.  City Council direct that the following matters be secured in the Section 37 Agreement as a legal convenience to support development, at the owner's expense, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor:
 

a. prior to Site Plan Approval for development on any Block as identified on Attachment 3 to the report (June 25, 2018) from the Chief Planner and Executive Director, City Planning, the owner shall:

 

i.  enter into a Heritage Easement Agreement for Building A at 721 Eastern Avenue, as identified on Attachment 3 to the report (June 25, 2018) from the Chief Planner and Executive Director, City Planning, and shall not object to the designation of 721 Eastern Avenue (Building A) under Part IV of the Ontario Heritage Act; and

 

ii.  provide a Conservation Plan for Building A at 721 Eastern Avenue, prepared by a qualified heritage consultant, to the satisfaction of the Senior Manager, Heritage Preservation Services;

 

b.  prior to Site Plan Approval for development on Block A as identified on Attachment 3 to the report (June 25, 2018) from the Chief Planner and Executive Director, City Planning, the owner shall:

 

i.  provide a Heritage Interpretation Plan for the subject property to the satisfaction of the Senior Manager, Heritage Preservation Services, and the Director, Urban Design;

 

ii.  provide a Heritage Lighting Plan that describes how the heritage property will be sensitively illuminated to enhance its character, and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Preservation Services, and the Director, Urban Design; and

 

iii.  provide a detailed Landscape Plan for the subject property to the satisfaction of the Senior Manager, Heritage Preservation Services, and the Director, Urban Design;

 

c  prior to the issuance of any above grade building permit the owner shall provide a memorandum, prepared by a qualified heritage consultant, detailing the careful removal of existing building components and protection of Building A, and Building G if it is to be retained within the Publicly-Accessible Privately Owned Space, during construction to the satisfaction of the Senior Manager, Heritage Preservation Services and the Director, Urban Design;
 

d  prior to the issuance of any above grade building permit for Block C, the owner shall convey to the City for nominal consideration, a Publicly-Accessible Privately Owned Space surface easement with a minimum width of 10 metres as identified on approved plans to provide public access for use by the general public, which surface 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 Chief Planner and Executive Director, City Planning, and the City Solicitor. The surface easement Publicly-Accessible Privately Owned Space is to be conveyed to the City free and clear of all physical and title encumbrances unless otherwise agreed to by the Chief Planner and Executive Director, City Planning, and the City Solicitor. The owner shall own, operate, maintain and repair the Publicly-Accessible Privately Owned Space. The owner shall install and maintain a centralized sign on the proposed Publicly-Accessible Privately Owned Space, at its own expense, generally in accordance with the City of Toronto Publicly-Accessible Privately Owned Space Urban Design Guidelines.  Members of the public shall be entitled to use the Publicly-Accessible Privately Owned Space and the east-west link connecting the southern end of the Publicly-Accessible Privately Owned Space 365 days a year, subject to temporary closures on terms and conditions being satisfactory to the Chief Planner and Executive Director, City Planning.  The owner shall explore the retention, reuse, and potential relocation of Building G's industrial framing and clerestory in the design and relationship to the Publicly-Accessible Privately Owned Space as identified in Attachment 3: Existing Buildings, to the report (June 25, 2018) from the Chief Planner and Executive Director, City Planning;

 
e  prior to the earlier of the first above building permit for Block C, or the registration of the plan of subdivision, the owner shall secure and construct all transportation, streetscape, intersection and public realm improvements linked to the development proposal, including letters of credit to secure works, which letters of credit shall increase in accordance with the increase in the Non-Residential Construction Price Index for the Toronto CMA, reported by Statistics Canada in Construction Price Statistics Publication No. 62-007-XPB, or its successor, calculated from the date of execution of the Section 37 Agreement 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;

 
f  prior to the earlier of any first above grade building permit, or the registration of the Plan of Subdivision, the owner shall secure, pay for and construct any improvements to the municipal infrastructure in connection with the site servicing assessment, should it be determined that upgrades are required to the infrastructure to support this development to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

 
g. prior to the first above grade building permit for any Block, the owner shall satisfy the Parkland dedication for that Block in accordance with Section 42 of the Planning Act through cash-in-lieu, to the satisfaction of the General Manager, Parks, Forestry and Recreation, and the City Solicitor;

 
h  prior to final Site Plan Approval of any development beyond the adaptive reuse and/or fitting out and renovation of Building A, the owner shall submit a plan detailing improvements to the public realm for the subject site to be implemented in support of the development, which will include but not be limited to, details regarding hard and soft landscaping, paving and curb details, lighting, sidewalk treatment, outdoor seating, planting, cycling facilities, and Toronto Transit Commission bus shelters;

 
i  prior to the issuance of the first above grade building permit, the owner shall provide a letter of credit in the amount of the cost of all associated public realm works as described in Part 13.h. above, such letter of credit shall increase in accordance with the increase in the Non-Residential Construction Price Index for the Toronto CMA, reported by Statistics Canada in Construction Price Statistics Publication 62-007-XPB, 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;

 
j.  prior to the issuance of the first above grade building permit for Block C, not including a building permit related to site preparation, excavation, demolition, or alteration of existing buildings or construction of roads, the owner shall, build and convey a public street between Lakeshore Boulevard East and Eastern Avenue, according to approved plans, including intersection improvements and any identified new signals and pedestrian/cycling infrastructure 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 development of Block C or plan of subdivision to the satisfaction of the General Manager, Transportation Services;

 
k.  prior to the earlier of the registration of the Plan of Subdivision or the issuance of the first above grade building permit for Block C, the owner shall convey the required road widening along Eastern Avenue to the City free of all physical and title encumbrances except as otherwise agreed to by the City Solicitor, and all to the satisfaction of the City Solicitor;

 
l.  prior to the earlier of the registration of the Plan of Subdivision or the issuance of the first above grade building permit for Block C, the owner shall dedicate all roads, road widening and corner roundings as shown on the submitted plans to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services free of all physical and title encumbrances except as otherwise acceptable to by the City Solicitor, and all to the satisfaction of the City Solicitor;

 
m.  prior to the earlier of the registration of the Plan of Subdivision or the issuance of the first above grade building permit for Block C, the owner shall secure and pay for all costs associated with the design, installation and future maintenance of traffic control signals, stop signs, and other streetscape infrastructure at the intersection of Rushbrooke Avenue and Eastern Avenue and the intersection of Rushbrooke Avenue and Lake Shore Boulevard East to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

 
n.  prior to the issuance of a building permit related to any excavation and shoring work, the owner will submit a Construction Management Plan and Construction Traffic Mitigation Strategy, to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor and thereafter in support of the development, will implement the plan during the course of construction.  The Construction Management Plan will include, and may be expanded, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and the Ward Councillor:

 
i.  details regarding size and location of construction staging areas;

 

ii.  dates and significant concrete pouring activities;

 

iii.  parking strategies that deal with providing on-or off-site parking for existing uses;

 

iv.  mitigation strategies to reduce the impact on adjacent residents including negative effects of safety lighting, air debris from demolition works, construction vehicle parking locations, refuse storage, site security, site supervisor contact information, and any other matters deemed necessary; and

 

v.  communication strategy with the surrounding community;

 

o.  the owner shall submit any applications required to remove or injure trees (both City and private) to the satisfaction of the General Manager, Parks, Forestry and Recreation prior to Site Plan Approval;

 
p.  the owner shall be financially responsible for all costs associated with the excavation, improvement, removal and/or relocation of any above or below-grade public or private utility resulting from the development of this property to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

 
q.  prior to Site Plan Approval the applicant agrees to withdraw all appeals to By-law 569-2013 as well as any objections to Official Plan Amendment 231 respecting 721 Eastern Avenue; and

 

r.  provide a revised Hydrological Review Summary Form and Servicing Report Groundwater Summary Form to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

 

14.   City Council authorize the appropriate City Officials to take such actions as are necessary to implement  City Council's decision , including the execution of the Section 37 agreement.

 

15.   City Council be advised that in accordance with the delegated approval under By-law 229-2000, as amended, the Chief Planner and Executive Director, City Planning intends to approve the Draft Plan of Subdivision as generally illustrated in Attachment 12 to the report (June 25, 2018) from the Chief Planner and Executive Director, City Planning, subject to:

 

a.   the conditions as generally listed in Attachment 12, which except as otherwise noted, must be fulfilled prior to final approval and the release of the Plan of Subdivision for registration; and

 

b.   any such revisions to the proposed Plan of Subdivision or any such additional modified conditions as the Chief Planner and Executive Director, City Planning may deem to be appropriate to address matters arising from the on-going technical review of this development; and

 

c.   draft plan approval not being issued until the necessary Bill(s) are in full force and effect.

 

16.  City Council determine that no further notice is required pursuant to section 34(17) of the Planning Act, R.S.O 1990, c.P13, with respect to the proposed Zoning By-law Amendments.

 

17.  City Council request the Director, Transportation Services, Toronto and East York District to investigate the redesign of the intersection of Mosley Street and Eastern Avenue, in coordination with the Traffic Management and Mitigation Study currently being undertaken for the area bound by Queen Street East, Eastern Avenue, Leslie Street and Booth Avenue, and request the Director, Community Planning, Toronto and East York District, in consultation with the Director, Transportation Services, Toronto and East York District, to secure the implementation of the redesigned intersection in conjunction with the Site Plan Approval and/or the Draft Plan of Subdivision for the property at 721 Eastern Avenue.


18.  City Council request the General Manager, Transportation Services to include any required funding to implement redesign of the Mosley Street/Eastern Avenue intersection in future-year capital budget requests to be timed with construction of the new planned public street on the 721 Eastern Avenue site. 
 

19.  City Council request the Director, Transportation Services, Toronto and East York District, in consultation with the local Ward Councillor, to erect attractive signage in proximity to "Area A" as identified on Figure 1 to the report (June 3, 2014) from the Executive Director, Engineering and Construction Services (Item PW32.13) and attached to motion 1b by Councillor Paula Fletcher and as was agreed in the takedown of the Gardiner Expressway East.

Public Notice Given

Statutory - Planning Act, RSO 1990

Background Information (Committee)

(June 25, 2018) Report and attachments 1 to 9, 12 and 13 from the Chief Planner and Executive Director, City Planning on 721 Eastern Ave - Official Plan Amendment, Zoning Amendment, and Draft Plan of Subdivision Applications - Final Report
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-117460.pdf
Attachment 10 - Draft Zoning By-law Amendment (438-86)
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-117598.pdf
Attachment 11 - Draft Zoning By-law Amendment (569-2013)
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-117599.pdf
(June 11, 2018) Notice of Public Meeting to be held by the Planning and Growth Management Committee (Under the Planning Act)
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-117461.pdf

Background Information (City Council)

(July 26, 2018) Supplementary report from the Chief Planner and Executive Director, City Planning on 721 Eastern Avenue - Official Plan Amendment, Zoning Amendment and Subdivision Application (PG31.2b)
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-119524.pdf
Attachment 1 - Draft Zoning By-law Amendment (438-86)
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-119525.pdf
Attachment 2 - Draft Zoning By-law Amendment (569-2013)
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-119526.pdf
Figure 1 referenced in motion 1b by Councillor Paula Fletcher, Ward 30 Toronto-Danforth
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-119643.pdf

Motions (City Council)

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

That City Council adopt the following recommendations contained in the supplementary report (July 26, 2018) from the Chief Planner and Executive Director, City Planning [PG31.2b]:

 

1.  Recommendation 2 of the Planning and Growth Management Committee be deleted and replaced with the following:

 

City Council amend Zoning By-law No. 438-86, for the lands at 721 Eastern Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No.1 to the Supplementary Report (July 26, 2018) from the Chief Planner and Executive Director, City Planning.

 

2.  Recommendation 3 of the Planning and Growth Management Committee be deleted and replaced with the following:

 

City Council amend Zoning By-law No. 569-2013, for the lands at 721 Eastern Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No.2 to the Supplementary Report (July 26, 2018) from the Chief Planner and Executive Director, City Planning.

 

3.  City Council require the Zoning By-laws described in Recommendations 2 and 3 be subject to a holding symbol "H1" which may be lifted by City Council upon the owner completing a revised functional servicing and stormwater management report to the satisfaction of the Chief Engineer and Executive Director, Engineering & Construction Services.

 

4.  City Council require the Zoning By-laws described in Recommendations 2 and 3 above be subject to a holding symbol "H2" with respect to potential additional retail uses which may be lifted by City Council upon the owner  providing a Retail Impact Assessment to the satisfaction of the Chief Planner and Executive Director, City Planning, demonstrating acceptable impact on existing pedestrian shopping areas in the vicinity of the subject site of an increase in the maximum retail unit size from 2,500 square metres to 3,500 square metres.

 

5.  Recommendation 6 (a) and 6 (b) of the Planning and Growth Management Committee be deleted and subsequent recommendations renumbered accordingly.

 

6.   Recommendation 10 (a) of the Planning and Growth Management Committee be deleted and replaced with the following:

 

Enter into a lease agreement for a 99-year term with the City of Toronto on the terms and conditions as set out in Schedule B to Attachment 1 and 2 to the Supplementary Report, July 26th, 2018, from the Chief Planner and Executive Director, City Planning and on such other terms and conditions satisfactory to the Deputy City Manager, Internal Corporate Services, in consultation with the General Manager, Economic Development and Culture, for a minimum of 1,280 square metres (13,778 square feet) of space on two floors commencing at grade level in the Existing Building 'A', as identified on Attachment 3 to the report (June 25, 2018) from the Chief Planner and Executive Director, City Planning, for a nominal rent. The space will be designated for creative industries and entrepreneurship use and may include design, fashion incubators, technology start-up space, music and sound recording, and other appropriate creative industry uses. The City agrees that the owner of Block A, as identified on Attachment 3 to the report (June 25, 2018) from the Chief Planner and Executive Director, City Planning, may have access to Eastern Avenue through Existing Building A and may use Existing Building A prior to the City taking occupancy of the space.

 

7.  Recommendation 10 (c) of the Planning and Growth Management Committee be deleted and replaced with the following:

 

 The owner will make commercially reasonable efforts to allow the future tenants of Building 'A' to continue operations during construction and redevelopment of the site. If this is not possible, the owner has a one-time option to relocate the future tenants to another space of a similar size and quality for a temporary duration and in a location and on reasonable terms and conditions, in light of the community space tenancy program, the subtenant mix, the relationship of the City Space to the street and the branding of the City Space at such time, to the satisfactory to the Deputy City Manager, Internal Corporate Services, in consultation with the General Manager, Economic Development and Culture until such time as Building 'A' is available for occupancy.  The owner shall be responsible for any and all costs associated with relocating future tenants as a result of the redevelopment of the site.

 

8.  Recommendation 10 (d) of the Planning and Growth Management Committee be deleted and replaced with the following:

 

The Owner shall have a one-time option (but not the obligation), in the event of bona fide substantial renovations to, or the bona fide redevelopment of the Development, to relocate the future tenants at the Owner's sole cost and expense to a similar location on the Site for the remainder of the Term, or similar premises in the vicinity of the Site, with the size, location, materials and design of the relocated Leased Premises City space (as well as any temporary facility, if applicable) and terms of the move to be to the satisfaction of the Chief Planner, in consultation with the General Manager, Economic Development and Culture.  For greater certainty, such relocation shall be at no cost to the City.

 

9.  Recommendation 11 (a) of the Planning and Growth Management Committee be deleted and replaced with the following and subsequent recommendations renumbered accordingly.

 

a.  Prior to Site Plan Approval for development on any Block as identified on Attachment 3 to the report (June 25, 2018) from the Chief Planner and Executive Director, City Planning, the owner shall:

 

i.  enter into a Heritage Easement Agreement for Building A at 721 Eastern Avenue, as identified on Attachment 3 to the report (June 25, 2018) from the Chief Planner and Executive Director, City Planning, and shall not object to the designation of 721 Eastern Avenue (Building A) under Part IV of the Ontario Heritage Act.

 

ii.  provide a Conservation Plan for Building A at 721 Eastern Avenue, prepared by a qualified heritage consultant, to the satisfaction of the Senior Manager, Heritage Preservation Services.

 

b.  Prior to Site Plan Approval for development on Block A as identified on Attachment 3 to the report (June 25, 2018) from the Chief Planner and Executive Director, City Planning, the owner shall:

 

i.  provide a Heritage Interpretation Plan for the subject property to the satisfaction of the Senior Manager, Heritage Preservation Services, and the Director, Urban Design.

 

ii.  provide a Heritage Lighting Plan that describes how the heritage property will be sensitively illuminated to enhance its character, and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Preservation Services, and the Director, Urban Design.

 

iii.  provide a detailed Landscape Plan for the subject property to the satisfaction of the Senior Manager, Heritage Preservation Services, and the Director, Urban Design. 

 

10.    Recommendation 11(q) be added, as follows:

 

Provide a revised Hydrological Review Summary Form and Servicing Report Groundwater Summary Form to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

 

11.    City Council determine that no further notice is required pursuant to section 34(17) of the Planning Act, R.S.O 1990, c.P13, with respect to the proposed Zoning By-law Amendments.

 

Vote (Amend Item) Jul-26-2018 6:45 PM

Result: Carried Majority Required - PG31.2 - Fletcher - motion 1a
Total members that voted Yes: 32 Members that voted Yes are Paul Ainslie, Jon Burnside, John Campbell, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Jim Hart, Michelle Holland, Stephen Holyday, Norman Kelly, Mike Layton, Josh Matlow, Mary-Margaret McMahon, Miganoush Megardichian, Denzil Minnan-Wong, Frances Nunziata (Chair), Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, Jonathan Tsao, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 13 Members that were absent are Maria Augimeri, Ana Bail„o, Christin Carmichael Greb, Justin J. Di Ciano, Mark Grimes, Jim Karygiannis, Giorgio Mammoliti, Joe Mihevc, Cesar Palacio, James Pasternak, Neethan Shan, John Tory, Lucy Troisi

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

That:

 

1.  City Council request the Director, Transportation Services, Toronto and East York District to investigate the redesign of the intersection of Mosley Street and Eastern Avenue, in coordination with the Traffic Management and Mitigation Study currently being undertaken for the area bound by Queen Street East, Eastern Avenue, Leslie Street and Booth Avenue, and request the Director, Community Planning, Toronto and East York District, in consultation with the Director, Transportation Services, Toronto and East York District, to secure the implementation of the redesigned intersection in conjunction with the Site Plan Approval and/or the Draft Plan of Subdivision for the property at 721 Eastern Avenue.
 

2.  City Council request the General Manager, Transportation Services to include any required funding to implement redesign of the Mosley Street/Eastern Avenue intersection in future-year capital budget requests to be timed with construction of the new planned public street on the 721 Eastern Avenue site. 
 

3.  City Council request the Director, Transportation Services, Toronto and East York District, in consultation with the local Ward Councillor, to erect attractive signage in proximity to "Area A" as identified on Figure 1 to the report (June 3, 2014) from the Executive Director, Engineering and Construction Services (PW32.13) and attached to this motion and as was agreed in the takedown of the Gardiner Expressway East.


Motion to Adopt Item as Amended (Carried)

2a - 721 Eastern Ave - Official Plan Amendment, Zoning Amendment, and Subdivision Applications - Supplementary Report

Background Information (Committee)
(July 4, 2018) Report and Attachment A from the Chief Planner and Executive Director, City Planning on 721 Eastern Ave - Official Plan Amendment, Zoning Amendment, and Subdivision Applications - Supplementary Report
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-118381.pdf

PG31.2 - 721 Eastern Ave - Official Plan Amendment, Zoning Amendment and Draft Plan of Subdivision Applications - Final Report

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

Public Notice Given

Statutory - Planning Act, RSO 1990

Committee Recommendations

The Planning and Growth Management Committee recommends that:

 

1.  City Council amend the Official Plan, for the lands at 721 Eastern Avenue substantially in accordance with the draft Official Plan Amendment attached as Attachment 9 to the report (June 25, 2018) from the Chief Planner and Executive Director, City Planning.

 

2.  City Council amend Zoning By-law No. 438-86, for the lands at 721 Eastern Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 10 to the report (June 25, 2018) from the Chief Planner and Executive Director, City Planning, and as amended by Recommendations 10 and 11 below.

 

3.  City Council amend City of Toronto Zoning By-law 569-2013, for the lands at 721 Eastern Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 11 to the report (June 25, 2018) from the Chief Planner and Executive Director, City Planning, and as amended by Recommendations 10 and 11 below.

 

4.  City Council amend By-law 344-2008 to permanently open a portion of the boulevard on the north side of the Lake Shore Boulevard East right-of-way in order to permit the connection to the new public street as proposed in the development application and as generally shown on Attachment 1 to the report (June 25, 2018) from the Chief Planner and Executive Director, City Planning, and to authorize the introduction of a Bill to Council once the site specific amendments to Zoning By-law 438-86 and Zoning By-law 569-2013 for 721 Eastern Avenue are in-force and the Subdivision has received draft plan approval to enact the change upon receipt of a Reference Plan identifying the above modification to the satisfaction of the General Manager, Transportation Services.

 

5.  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 Amendments as may be required.

 

6.  Before introducing the necessary Bills to City Council for enactment, City Council require the owner to:

 

a.  Provide a revised Hydrological Review Summary Form and Servicing Report Groundwater Summary Form to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

 

b.  Provide a revised functional servicing and stormwater management report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

 

c.  Submit a draft Reference Plan of survey, in metric units and integrated with the Ontario Co-ordinate System, showing as separate PARTS thereof the lands to be conveyed to the City and the remainder of the site including any appurtenant rights-of-way to the Chief Engineer and Executive Director, Engineering and Construction Services, for review and approval, prior to depositing in the Land Registry Office.

 

d.  Provide revised drawings and/or documentation showing a turning radius for fire access routes with a centreline radius of not less than 12 metres, clearly showing the roadway centreline radius of the proposed public right-of-way and on Site Plan Drawing A101.R.

 

7.  Before introducing the necessary Bills to City Council for enactment of Recommendation 1 above, City Council forward the adopted Official Plan Amendment to the Ministry of Municipal Affairs and Natural Resources and Forestry in accordance with the Protocol regarding the approval of proposed land use policy amendments within the Lower Don Special Policy Area.

 

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

 

9.  City Council request the Director, Transportation Services, Toronto and East York District in consultation 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.

 

10. City Council require the owner of 721 Eastern Avenue to enter into and/or register an Agreement pursuant to Section 37 of the Planning Act, together with satisfactory provisions in the amending by-laws, to secure the items described generally 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 Recommendations 2, 3, and 4 above:

 
a.  Enter into a lease agreement for a 99-year term with the City of Toronto on the terms and conditions as set out in Attachment "A" to the Supplementary Report of the Chief Planner and Executive Director, City Planning, dated July 4th, 2018, and on such other terms and conditions satisfactory to the Deputy City Manager, Internal Corporate Services, in consultation with the General Manager, Economic Development and Culture, for a minimum of 1,300 square metres (14,000 square feet) of Class A or B office space at grade in Building 'A', as identified on Attachment 3 to the report (June 25, 2018) from the Chief Planner and Executive Director, City Planning, for a nominal rent. The space will be designated for creative industries and entrepreneurship use and may include design, fashion incubators, technology start-up space, digital and screen-based organizations, music and sound recording, and other appropriate creative industry uses. The City agrees that the owner of Block A, as identified on Attachment 3: Existing Buildings, to the report (June 25, 2018) from the Chief Planner and Executive Director, City Planning, may have access to Eastern Avenue through Building A and may use Building A prior to the City taking occupancy of the space.

 
b.  Prior to Site Plan Approval the owner will provide cash contributions for the following:

 
i.  $800,000 in the form of a certified cheque to the City of Toronto to be applied to the fit out costs for the space described in Recommendation 10 (a) above.

 
ii.  $100,000 in the form of a certified cheque to the City of Toronto towards landscape improvements for the Bruce Public School yard.

 
c.  The owner will make best efforts to allow the future tenants of Building 'A' to continue operations during construction and redevelopment of the site. If this is not possible, the owner has a one-time option to relocate the future tenants to another space of a similar size and quality for a temporary duration and in a location and on terms and conditions satisfactory to the Deputy City Manager, Internal Corporate Services, in consultation with the General Manager, Economic Development and Culture until such time as Building 'A' is available for occupancy. The owner shall be responsible for any and all costs associated with relocating future tenants as a result of the redevelopment of the site.

 
d.  The owner may propose to the City to relocate the future tenants to another space of a similar size and quality for a permanent duration and the City in its sole discretion may choose to accept relocation on terms and conditions satisfactory to the Deputy City Manager, Internal Corporate Services, in consultation with the General Manager, Economic Development and Culture, and the Ward Councillor.

 
e.  In the event the cash contribution referred to in Recommendation 10(b) above has not been used for the intended purpose within five (5) years of this By-law coming into full force and effect, the contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the City of Toronto Official Plan and will benefit the community in the vicinity of the lands.

 
f.  The payments required in Recommendation 10(b) above, shall increase in accordance with the increase in the Non-Residential Construction Price Index for the Toronto CMA, reported by Statistics Canada in Construction Price Statistics Publication No. 62-007-XPB, or its successor, calculated from the date of execution of the Section 37 Agreement 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.

 
g.  The design, construction and maintenance of landscape and public realm improvements on the City-owned open space area adjacent to Lake Shore Boulevard East, according to the approved plans, the timing of and design of which shall be to the satisfaction of the Chief Planner and Executive Director, City Planning. 

 

11.  That City Council direct that the following matters be secured in the Section 37 Agreement as a legal convenience to support development, at the owner's expense, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor:
 

a.  Prior to Site Plan Approval for development on any Block (See Attachment 3 to the report (June 25, 2018) from the Chief Planner and Executive Director, City Planning), the owner shall:

 
i.  enter into a Heritage Easement Agreement for Building A at 721 Eastern Avenue, as identified on Attachment 3: Existing Buildings, and shall not object to the designation of 721 Eastern Avenue (Building A) under Part IV of the Ontario Heritage Act.

 
ii. provide a Conservation Plan for Building A at 721 Eastern Avenue, prepared by a qualified heritage consultant, to the satisfaction of the Senior Manager, Heritage Preservation Services.

 
iii. provide a Heritage Interpretation Plan for the subject property to the satisfaction of the Senior Manager, Heritage Preservation Services, and the Director, Urban Design.

 
iv. provide a Heritage Lighting Plan that describes how the heritage property will be sensitively illuminated to enhance its character, and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Preservation Services, and the Director, Urban Design.

 
v.  provide a detailed Landscape Plan for the subject property to the satisfaction of the Senior Manager, Heritage Preservation Services, and the Director, Urban Design.
 

b. Prior to the issuance of any above grade building permit the owner shall provide a memorandum, prepared by a qualified heritage consultant, detailing the careful removal of existing building components and protection of Building A, and Building G if it is to be retained within the POPS, during construction to the satisfaction of the Senior Manager, Heritage Preservation Services and the Director, Urban Design.
 

c.  Prior to the issuance of any above grade building permit for Block C, the owner shall convey to the City for nominal consideration, a Publicly-Accessible Privately Owned Space (POPS) surface easement with a minimum width of 10 metres as identified on approved plans to provide public access for use by the general public, which surface 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 Chief Planner and Executive Director, City Planning, and the City Solicitor. The surface easement POPS is to be conveyed to the City free and clear of all physical and title encumbrances unless otherwise agreed to by the Chief Planner and Executive Director, City Planning, and the City Solicitor. The owner shall own, operate, maintain and repair the POPS. The owner shall install and maintain a centralized sign on the proposed POPS, at its own expense, generally in accordance with the City of Toronto POPS Urban Design Guidelines.  Members of the public shall be entitled to use the POPS and the east-west link connecting the southern end of the POPS 365 days a year, subject to temporary closures on terms and conditions being satisfactory to the Chief Planner and Executive Director, City Planning.  The owner shall explore the retention, reuse, and potential relocation of Building G's industrial framing and clerestory in the design and relationship to the POPS (as identified on Attachment 3: Existing Buildings, to the report (June 25, 2018) from the Chief Planner and Executive Director, City Planning).

 
d.  Prior to the earlier of the first above building permit for Block C, or the registration of the plan of subdivision, the owner shall secure and construct all transportation, streetscape, intersection and public realm improvements linked to the development proposal, including letters of credit to secure works, which letters of credit shall increase in accordance with the increase in the Non-Residential Construction Price Index for the Toronto CMA, reported by Statistics Canada in Construction Price Statistics Publication No. 62-007-XPB, or its successor, calculated from the date of execution of the Section 37 Agreement 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.

 
e.  Prior to the earlier of any first above grade building permit, or the registration of the Plan of Subdivision, the owner shall secure, pay for and construct any improvements to the municipal infrastructure in connection with the site servicing assessment, should it be determined that upgrades are required to the infrastructure to support this development to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services.

 
f.  Prior to the first above grade building permit for any Block, the owner shall satisfy the Parkland dedication for that Block in accordance with Section 42 of the Planning Act through cash-in-lieu, to the satisfaction of the General Manager, Parks, Forestry and Recreation (PFR), and the City Solicitor.

 
g.  Prior to final Site Plan Approval of any development beyond the adaptive reuse and/or fitting out and renovation of Building A, the owner shall submit a plan detailing improvements to the public realm for the subject site to be implemented in support of the development, which will include but not be limited to, details regarding hard and soft landscaping, paving and curb details, lighting, sidewalk treatment, outdoor seating, planting, cycling facilities, and Toronto Transit bus shelters.

 
h.  Prior to the issuance of the first above grade building permit, the owner shall provide a letter of credit in the amount of the cost of all associated public realm works as described in Recommendation 11(g) above, such letter of credit shall increase in accordance with the increase in the Non-Residential Construction Price Index for the Toronto CMA, reported by Statistics Canada in Construction Price Statistics Publication No. 62-007-XPB, or its successor, calculated from the date of execution of the Section 37 Agreement 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.

 
i.  Prior to the issuance of the first above grade building permit for Block C, not including a building permit related to site preparation, excavation, demolition, or alteration of existing buildings or construction of roads, the owner shall, build and convey a public street between Lakeshore Boulevard East and Eastern Avenue, according to approved plans, including intersection improvements and any identified new signals and pedestrian/cycling infrastructure 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 development of Block C or plan of subdivision to the satisfaction of the General Manager, Transportation Services.

 
j.  Prior to the earlier of the registration of the Plan of Subdivision or the issuance of the first above grade building permit for Block C, the owner shall convey the required road widening along Eastern Avenue to the City free of all physical and title encumbrances except as otherwise agreed to by the City Solicitor, and all to the satisfaction of the City Solicitor.

 
k.  Prior to the earlier of the registration of the Plan of Subdivision or the issuance of the first above grade building permit for Block C, the owner shall dedicate all roads, road widening and corner roundings as shown on the submitted plans to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services free of all physical and title encumbrances except as otherwise acceptable to by the City Solicitor, and all to the satisfaction of the City Solicitor.

 
l.  Prior to the earlier of the registration of the Plan of Subdivision or the issuance of the first above grade building permit for Block C, the owner shall secure and pay for all costs associated with the design, installation and future maintenance of traffic control signals, stop signs, and other streetscape infrastructure at the intersection of Rushbrooke Avenue and Eastern Avenue and the intersection of Rushbrooke Avenue and Lake Shore Boulevard East to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

 
m.  Prior to the issuance of a building permit related to any excavation and shoring work, the owner will submit a Construction Management Plan and Construction Traffic Mitigation Strategy, to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor and thereafter in support of the development, will implement the plan during the course of construction.  The Construction Management Plan will include, and may be expanded, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and the Ward Councillor:

 
i.  details regarding size and location of construction staging areas;

 

ii.  dates and significant concrete pouring activities;

 

iii.  parking strategies that deal with providing on-or off-site parking for existing uses;

 

iv.  mitigation strategies to reduce the impact on adjacent residents including negative effects of safety lighting, air debris from demolition works, construction vehicle parking locations, refuse storage, site security, site supervisor contact information, and any other matters deemed necessary; and

 

v.  communication strategy with the surrounding community.

 

n.  The owner shall submit any applications required to remove or injure trees (both City and private) to the satisfaction of the General Manager, Parks, Forestry and Recreation prior to Site Plan Approval.

 
o.  The owner shall be financially responsible for all costs associated with the excavation, improvement, removal and/or relocation of any above or below-grade public or private utility resulting from the development of this property to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

 
p.  Prior to Site Plan Approval the applicant agrees to withdraw all appeals to By-law 569-2013 as well as any objections to OPA 231 respecting 721 Eastern Avenue.

 

12.   City Council authorize the appropriate City Officials to take such actions as are necessary to implement the foregoing, including the execution of the Section 37 agreement.

 

13.   City Council is advised that in accordance with the delegated approval under By-law 229-2000, as amended, the Chief Planner and Executive Director, City Planning intends to approve the Draft Plan of Subdivision as generally illustrated on Attachment 12 to the report (June 25, 2018) from the Chief Planner and Executive Director, City Planning, subject to:

 

a.   the conditions as generally listed in Attachment 12, which except as otherwise noted, must be fulfilled prior to final approval and the release of the Plan of Subdivision for registration; and

 

b.   any such revisions to the proposed Plan of Subdivision or any such additional modified conditions as the Chief Planner and Executive Director, City Planning may deem to be appropriate to address matters arising from the on-going technical review of this development; and

 

c.   draft plan approval not being issued until the necessary Bill(s) are in full force and effect.

Decision Advice and Other Information

The Planning and Growth Management Committee held a statutory public meeting on July 5, 2018, and notice was given in accordance with the Planning Act.

Origin

(June 25, 2018) Report from the Chief Planner and Executive Director, City Planning

Summary

This application for Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision has been proposed for the former Canada Metals site in order to redevelop the site for the General Motors (GM) Mobility Campus including office, research and development, ancillary retail, and an auto dealership.  A new public street is also proposed to connect Eastern Avenue to Lake Shore Boulevard East through the site (See Attachment 1).

 

The proposed development would be developed in three blocks (Block A, Block B, and Block C). Block C would house the GM Mobility Campus and auto dealership located on the south portion of the site.  Block A and Block B, immediately north of Block C, would be developed for offices fronting Eastern Avenue. The GM Mobility Campus and the office blocks would be separated by a private driveway, and would provide access to all blocks.  A "pedestrian plaza" is proposed on Block D. A three metre road widening (Block G) is provided along Eastern Avenue (See Attachment 2).     

 

The Draft Plan of Subdivision proposes to establish a new 20 metre public road extending from the southerly limit of Rushbrooke Avenue at Eastern Avenue to Lake Shore Boulevard East.

 

The Toronto GM Mobility Campus is proposed to include:

 

-   Cadillac Canada National Sales and Marketing Headquarters;
-   GM Canada Regional Sales Offices;
-   Maven™ Canada offices and facilities;
-   Urban Mobility Research and Development, (e.g. first mile/last mile solutions and autonomous vehicle systems);
-   Chevrolet Buick GMC and Cadillac dealership and service space; and
-   Improved landscape and public realm plan.

 

The applicant has made modifications to the block structure and other design revisions since the initial submission to address comments from City staff and stakeholders' concerns.  The development is carefully massed providing a transition to the low-scale neighbourhood to the north of Eastern Avenue.  The proposed landscape plan will provide a positive contribution to the neighbourhood through the addition of newly designed public space within the Lake Shore Boulevard greenway, and pedestrian and cycling connections through the proposed new public road. 

 

While the development of Block C includes the GM Mobility Campus, the application would also permit the renovation and adaptive reuse of the former Hoyt Metal Office (Building 'A' Attachment 3) to allow for the establishment of a non-profit, creative industries, entrepreneurial, or incubator space. In addition, City staff will continue to work with the owner on the remaining portions of the site (Block A and Block B) through a future Site Plan Approval process.

 

This report reviews and recommends approval of the Official Plan and Zoning By-law Amendment to permit the proposed development, subject to the conditions outlined in this report.  This report also advises Council that the Chief Planner and Executive Director, City Planning intends to approve the Draft Plan of Subdivision.

Background Information

(June 25, 2018) Report and attachments 1 to 9, 12 and 13 from the Chief Planner and Executive Director, City Planning on 721 Eastern Ave - Official Plan Amendment, Zoning Amendment, and Draft Plan of Subdivision Applications - Final Report
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-117460.pdf
Attachment 10 - Draft Zoning By-law Amendment (438-86)
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-117598.pdf
Attachment 11 - Draft Zoning By-law Amendment (569-2013)
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-117599.pdf
(June 11, 2018) Notice of Public Meeting to be held by the Planning and Growth Management Committee (Under the Planning Act)
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-117461.pdf

Speakers

Jane Pepino

Motions

Motion to Amend Item moved by Councillor David Shiner (Carried)

That: 

 

1.  Recommendation 10 of the report (June 25, 2018) from the Chief Planner and Executive Director, City Planning be deleted and replaced with the following:

 

"City Council require the owner of 721 Eastern Avenue to enter into and/or register an Agreement pursuant to Section 37 of the Planning Act, together with satisfactory provisions in the amending by-laws, to secure the items described generally 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 Recommendations 2, 3, and 4 above:

 
a. Enter into a lease agreement for a 99-year term with the City of Toronto on the terms and conditions as set out in Attachment "A" to the Supplementary Report of the Chief Planner and Executive Director, City Planning, dated July 4th, 2018, and on such other terms and conditions satisfactory to the Deputy City Manager, Internal Corporate Services, in consultation with the General Manager, Economic Development and Culture, for a minimum of 1,300 square metres (14,000 square feet) of Class A or B office space at grade in Building 'A', as identified on Attachment 3 to this report, for a nominal rent. The space will be designated for creative industries and entrepreneurship use and may include design, fashion incubators, technology start-up space, digital and screen-based organizations, music and sound recording, and other appropriate creative industry uses. The City agrees that the owner of Block A, as identified on Attachment 3: Existing Buildings, may have access to Eastern Avenue through Building A and may use Building A prior to the City taking occupancy of the space.

 
b.  Prior to Site Plan Approval the owner will provide cash contributions for the following:

 
i.  $800,000 in the form of a certified cheque to the City of Toronto to be applied to the fit out costs for the space described in 10 (a) above.

 
ii.  $100,000 in the form of a certified cheque to the City of Toronto towards landscape improvements for the Bruce Public School yard.

 
c.  The owner will make best efforts to allow the future tenants of Building 'A' to continue operations during construction and redevelopment of the site. If this is not possible, the owner has a one-time option to relocate the future tenants to another space of a similar size and quality for a temporary duration and in a location and on terms and conditions satisfactory to the Deputy City Manager, Internal Corporate Services, in consultation with the General Manager, Economic Development and Culture until such time as Building 'A' is available for occupancy. The owner shall be responsible for any and all costs associated with relocating future tenants as a result of the redevelopment of the site.

 
d.  The owner may propose to the City to relocate the future tenants to another space of a similar size and quality for a permanent duration and the City in its sole discretion may choose to accept relocation on terms and conditions satisfactory to the Deputy City Manager, Internal Corporate Services, in consultation with the General Manager, Economic Development and Culture, and the Ward Councillor.

 
e.  In the event the cash contribution referred to in 10(b) above has not been used for the intended purpose within five (5) years of this By-law coming into full force and effect, the contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the City of Toronto Official Plan and will benefit the community in the vicinity of the lands.

 
f.  The payments required in 10(b) above, shall increase in accordance with the increase in the Non-Residential Construction Price Index for the Toronto CMA, reported by Statistics Canada in Construction Price Statistics Publication No. 62-007-XPB, or its successor, calculated from the date of execution of the Section 37 Agreement 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.

 
g.  The design, construction and maintenance of landscape and public realm improvements on the City-owned open space area adjacent to Lake Shore Boulevard East, according to the approved plans, the timing of and design of which shall be to the satisfaction of the Chief Planner and Executive Director, City Planning."

 
2.  Recommendation 11 of the report (June 25, 2018) from the Chief Planner and Executive Director, City Planning be deleted and replaced with the following:

 

"The following matters be secured in the Section 37 Agreement as a legal convenience to support development, at the owner's expense, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor:
 

a.  Prior to Site Plan Approval for development on any Block (See Attachment 3), the owner shall:

 
i.  enter into a Heritage Easement Agreement for Building A at 721 Eastern Avenue, as identified on Attachment 3: Existing Buildings, and shall not object to the designation of 721 Eastern Avenue (Building A) under Part IV of the Ontario Heritage Act.

 
ii. provide a Conservation Plan for Building A at 721 Eastern Avenue, prepared by a qualified heritage consultant, to the satisfaction of the Senior Manager, Heritage Preservation Services.

 
iii. provide a Heritage Interpretation Plan for the subject property to the satisfaction of the Senior Manager, Heritage Preservation Services, and the Director, Urban Design.

 
iv. provide a Heritage Lighting Plan that describes how the heritage property will be sensitively illuminated to enhance its character, and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Preservation Services, and the Director, Urban Design.

 
v.  provide a detailed Landscape Plan for the subject property to the satisfaction of the Senior Manager, Heritage Preservation Services, and the Director, Urban Design.
 

b. Prior to the issuance of any above grade building permit the owner shall provide a memorandum, prepared by a qualified heritage consultant, detailing the careful removal of existing building components and protection of Building A, and Building G if it is to be retained within the POPS, during construction to the satisfaction of the Senior Manager, Heritage Preservation Services and the Director, Urban Design.
 

c.  Prior to the issuance of any above grade building permit for Block C, the owner shall convey to the City for nominal consideration, a Publicly-Accessible Privately Owned Space (POPS) surface easement with a minimum width of 10 metres as identified on approved plans to provide public access for use by the general public, which surface 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 Chief Planner and Executive Director, City Planning, and the City Solicitor. The surface easement POPS is to be conveyed to the City free and clear of all physical and title encumbrances unless otherwise agreed to by the Chief Planner and Executive Director, City Planning, and the City Solicitor. The owner shall own, operate, maintain and repair the POPS. The owner shall install and maintain a centralized sign on the proposed POPS, at its own expense, generally in accordance with the City of Toronto POPS Urban Design Guidelines.  Members of the public shall be entitled to use the POPS and the east-west link connecting the southern end of the POPS 365 days a year, subject to temporary closures on terms and conditions being satisfactory to the Chief Planner and Executive Director, City Planning.  The owner shall explore the retention, reuse, and potential relocation of Building G's industrial framing and clerestory in the design and relationship to the POPS (as identified on Attachment 3: Existing Buildings).

 
d.  Prior to the earlier of the first above building permit for Block C, or the registration of the plan of subdivision, the owner shall secure and construct all transportation, streetscape, intersection and public realm improvements linked to the development proposal, including letters of credit to secure works, which letters of credit shall increase in accordance with the increase in the Non-Residential Construction Price Index for the Toronto CMA, reported by Statistics Canada in Construction Price Statistics Publication No. 62-007-XPB, or its successor, calculated from the date of execution of the Section 37 Agreement 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.

 
e.  Prior to the earlier of any first above grade building permit, or the registration of the Plan of Subdivision, the owner shall secure, pay for and construct any improvements to the municipal infrastructure in connection with the site servicing assessment, should it be determined that upgrades are required to the infrastructure to support this development to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services.

 
f.  Prior to the first above grade building permit for any Block, the owner shall satisfy the Parkland dedication for that Block in accordance with Section 42 of the Planning Act through cash-in-lieu, to the satisfaction of the General Manager, Parks, Forestry and Recreation (PFR), and the City Solicitor.

 
g.  Prior to final Site Plan Approval of any development beyond the adaptive reuse and/or fitting out and renovation of Building A, the owner shall submit a plan detailing improvements to the public realm for the subject site to be implemented in support of the development, which will include but not be limited to, details regarding hard and soft landscaping, paving and curb details, lighting, sidewalk treatment, outdoor seating, planting, cycling facilities, and Toronto Transit bus shelters.

 
h.  Prior to the issuance of the first above grade building permit, the owner shall provide a letter of credit in the amount of the cost of all associated public realm works as described in Recommendation 11(g) above, such letter of credit shall increase in accordance with the increase in the Non-Residential Construction Price Index for the Toronto CMA, reported by Statistics Canada in Construction Price Statistics Publication No. 62-007-XPB, or its successor, calculated from the date of execution of the Section 37 Agreement 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.

 
i.  Prior to the issuance of the first above grade building permit for Block C, not including a building permit related to site preparation, excavation, demolition, or alteration of existing buildings or construction of roads, the owner shall, build and convey a public street between Lakeshore Boulevard East and Eastern Avenue, according to approved plans, including intersection improvements and any identified new signals and pedestrian/cycling infrastructure 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 development of Block C or plan of subdivision to the satisfaction of the General Manager, Transportation Services.

 
j.  Prior to the earlier of the registration of the Plan of Subdivision or the issuance of the first above grade building permit for Block C, the owner shall convey the required road widening along Eastern Avenue to the City free of all physical and title encumbrances except as otherwise agreed to by the City Solicitor, and all to the satisfaction of the City Solicitor.

 
k.  Prior to the earlier of the registration of the Plan of Subdivision or the issuance of the first above grade building permit for Block C ,the owner shall dedicate all roads, road widening and corner roundings as shown on the submitted plans to the satisfaction of the Chief Engineer & Executive Director of Engineering and Construction Services free of all physical and title encumbrances except as otherwise acceptable to by the City Solicitor, and all to the satisfaction of the City Solicitor.

 
l.  Prior to the earlier of the registration of the Plan of Subdivision or the issuance of the first above grade building permit for Block C, the owner shall secure and pay for all costs associated with the design, installation and future maintenance of traffic control signals, stop signs, and other streetscape infrastructure at the intersection of Rushbrooke Avenue and Eastern Avenue and the intersection of Rushbrooke Avenue and Lake Shore Boulevard East to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

 
m.  Prior to the issuance of a building permit related to any excavation and shoring work, the owner will submit a Construction Management Plan and Construction Traffic Mitigation Strategy, to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor and thereafter in support of the development, will implement the plan during the course of construction.  The Construction Management Plan will include, and may be expanded, to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services, and the Ward Councillor:

 
i.  details regarding size and location of construction staging areas;

 

ii.  dates and significant concrete pouring activities;

 

iii.  parking strategies that deal with providing on-or off-site parking for existing uses;

 

iv. mitigation strategies to reduce the impact on adjacent residents including negative effects of safety lighting, air debris from demolition works, construction vehicle parking locations, refuse storage, site security, site supervisor contact information, and any other matters deemed necessary; and

 

v. communication strategy with the surrounding community.

 

n.  The owner shall submit any applications required to remove or injure trees (both City and private) to the satisfaction of the General Manager, Parks, Forestry and Recreation prior to Site Plan Approval.

 
o.  The owner shall be financially responsible for all costs associated with the excavation, improvement, removal and/or relocation of any above or below-grade public or private utility resulting from the development of this property to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

 
p.  Prior to Site Plan Approval the applicant agrees to withdraw all appeals to By-law 569-2013 as well as any objections to OPA 231 respecting 721 Eastern Avenue."
 

3.  Amend the draft zoning by-laws to be consistent with Recommendations 10 and 11.


Motion to Adopt Item as Amended moved by Councillor David Shiner (Carried)

2a - 721 Eastern Ave - Official Plan Amendment, Zoning Amendment, and Subdivision Applications - Supplementary Report

Origin
(July 4, 2018) Report from the Chief Planner and Executive Director, City Planning
Summary

The purpose of this report is to provide Planning and Growth Management Committee (PGMC)  with additional information with respect to the June 25, 2018 report (PG31.2) 721 Eastern Avenue – Official Plan Amendment, Zoning Amendment, and Subdivision Applications – Final Report.  The report included a number of recommendations including Recommendations 10 and 11, which dealt with Section 37 considerations that have been refined by staff with input from the local councillor.

 

This report summarizes the adjustments to the Section 37 package and other minor refinements described in the June 25, 2018 Report from the Chief Planner.

 

http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2018.PG31.2

Background Information
(July 4, 2018) Report and Attachment A from the Chief Planner and Executive Director, City Planning on 721 Eastern Ave - Official Plan Amendment, Zoning Amendment, and Subdivision Applications - Supplementary Report
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-118381.pdf
Source: Toronto City Clerk at www.toronto.ca/council