Item - 2020.NY14.5

City Council on July 28 and 29, 2020, adopted the following:

1. City Council direct the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal hearing in support of the revised Official Plan Amendment and Zoning By-law Amendment applications, subject to Parts 2 through 10 below.

2. City Council accept an on-site parkland dedication having a minimum size of 383 square metres and an off-site parkland dedication having a minimum size of 99 square metres on the lands municipally known as 2600 Don Mills Road, pursuant to Section 42 of the Planning Act and Chapter 415 of the Municipal Code (collectively "Parkland Dedication") with the exact location and configuration of the Parkland Dedication to be to the satisfaction of the General Manager, Parks, Forestry and Recreation as generally described in the report (February 24, 2020) from the Acting Director, Community Planning, North York District.

3. City Council direct that the Parkland dedication be secured through the Section 37 Agreement, to the satisfaction of the General Manager, Parks, Forestry and Recreation, including securing the following:

i. the owner’s obligation to convey the Parkland Dedication and to design and construct base and above-base park improvements, on terms and conditions set out in the Section 37 Agreement;

ii. the Parkland Dedication to be transferred to the City shall be free and clear, above and below grade, of all easements, encumbrances, and encroachments and in acceptable environmental condition and is to be conveyed to the City prior to the issuance of the first above-grade building permit, pursuant to the park policies set out in Section 3.2.3 of the Official Plan and to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor; and

iii. the owner's obligation to coordinate with the owner of 2600 Don Mills Road for the design, construction and completion of the base park, and if Part 4 below is relied upon, above-base park improvements for the combined parkland dedication between 1650 Sheppard Avenue East and 2600 Don Mills Road.

4. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges, should the owner elect to provide above base park improvements, 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; the owner will be required to submit a design and cost estimate to be approved by the General Manager, Parks, Forestry and Recreation, and a Letter of Credit equal to 120-percent of the Parks and Recreation Development Charges payable for the development; and the Letter of Credit will be required prior to the issuance of the first above grade building permit.

5. City Council instruct the City Solicitor to request that the Local Planning Appeal Tribunal withhold issuance of its Order on the Official Plan Amendment until such a time as the Tribunal has been advised by the City Solicitor that the final form and content of the Official Plan Amendment, substantially in accordance with the draft Official Plan Amendment in Attachment 9 to the report (February 24, 2020) from the Acting Director, Community Planning, North York District, is satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services.

6. City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold issuance of its Order on the Zoning By-law Amendment(s) until such a time as the Tribunal has been advised by the City Solicitor that:

a. the final form and content of the Zoning By-law Amendment(s) have satisfactorily addressed the following matters to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor, in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services, and other appropriate Divisions, and among other matters includes:

i. securing the rental tenure of the existing rental units, securing of the needed improvements with no pass through of costs to existing rental tenants, a tenant communication plan, and a construction mitigation plan, together with other appropriate matters;

ii. securing the on-site parking ratios to the satisfaction of the General Manager, Transportation Services; and

iii. securing a minimum of 10 percent of all units on the lands at 1650 Sheppard Avenue East as 3-bedroom units;

b. a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor has been executed and registered on title to the lands to the satisfaction of the City Solicitor, securing the benefits and various matters required to support the development outlined in the report (February 24, 2020) from the Acting Director, Community Planning, North York District;

c. the owner has, at the owner's sole expense:

i. submitted a revised Master Functional Servicing Report including confirmation of water and fire flow, sanitary and storm water capacity, Master Stormwater Management Report and Hydrogeological Review, including the Foundation Drainage Report (the "Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

ii. secured the design and the provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure and/or new municipal infrastructure identified in the accepted Engineering Reports to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services should it be determined that improvements or upgrades and/or new infrastructure are required to support the development and such matters that may be secured through the Draft Plan of Subdivision process required through Part 6.d. below satisfactory to the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services, and the City Solicitor.

iii. has made satisfactory arrangements with Chief Engineer and Executive Director, Engineering and Construction Services for the construction of new infrastructure or any improvements to the municipal infrastructure, should it be determined that new infrastructure and/or upgrades/improvements are required to the existing infrastructure to support this development, and that the applicant has entered into a financially secured agreement to pay for and construct any necessary municipal infrastructure;

iv. submitted a revised Traffic Impact, Parking and Loading Study acceptable to, and to the satisfaction of the General Manager, Transportation Services and that such matters arising from such study, be secured if required; and

v. submitted a revised Landscape Plan acceptable to, and to the satisfaction of the Chief Planner and Executive Director, City Planning, and that such matters arising from the Landscape Plan, including but not limited to, public realm improvements, any privately owned publicly-accessible spaces, including the rights of support, easements, insurance where appropriate, will also be implemented through the Site Plan Approval and/or Draft Plan of Subdivision, where appropriate, and the details of terms and conditions relating to any potential privately owned publicly-accessible spaces and pedestrian connection, including indemnity and insurance requirements will be included in the Section 37 Agreement;

d. the owner, or jointly with the other owners on the Block constituting Leith Hill Road, Don Mills Road, and Sheppard Avenue East bound by St. Timothy's School to the west in a manner satisfactory to the Chief Planner and Executive Director, City Planning, has submitted a Draft Plan of Subdivision for the lands, municipally known as 25 Leith Hill Road, 2600 Don Mills Road and 1650 Sheppard Avenue East, to implement the proposed development and redevelopment of the block and to secure matters such as lands to be conveyed to the City, new public streets, parkland dedication, and any required municipal infrastructure, as well as phasing of development on the Site (if necessary), to the satisfaction of the Chief Planner and Executive Director, City Planning and the Chief Engineer and Executive Director, Engineering and Construction Services.

7. City Council direct that the following matters be addressed through the Site Plan Approval process:

a. the owner, at the owner's sole expense, will explore mitigation measures along the shared property line between 1650 Sheppard Avenue East and the Toronto Catholic District School Board (St. Timothy’s Catholic School), including, but not limited to, fencing, tree planting, vegetation, in consultation with Toronto Catholic District School Board, satisfactory to the Chief Planner and Executive Director, City Planning; and

b. prior to the commencement of any excavation and shoring work, the owner shall submit a Construction Management Plan to the satisfaction of the Chief Building Official and Executive Director, Toronto Building, the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Engineer and Executive Director, Engineering and Construction Services and thereafter shall implement the plan during the course of construction; the Construction Management Plan will include, but not be limited to the following construction-related details: noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, parking and laneway uses and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, including matters related to the construction of streets or infrastructure, and any other matters requested by the Chief Planner and Executive Director, City Planning, and the City Solicitor and such general obligations, including the matters to be secured in the Section 37 agreement.

8. City Council authorize the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act, securing the following community benefits as follows:

a. a cash contribution in the amount of one million and five hundred thousand ($1,500,000.00) dollars allocated as follows:

i. five hundred thousand ($500,000.00) dollars be directed towards eligible local capital improvements to be identified through a participatory budgeting process with the local Ward Councillor; and

ii. one million ($1,000,000.00) dollars directed towards new community services and facilities in the vicinity of the site, or towards improvements of existing facilities in the local area;

b. the cash contribution referred to in Parts 8.a.i. and 8.a.ii. above shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135, or its successor, calculated from the date of the Agreement to the date of payment;

c. in the event the cash contribution referred to in Parts 8.a.i. and 8.a.ii. above cannot be directed for the determined purpose within three years of the amending Zoning By-law coming into full force and effect, the amount of funds allocated towards a community benefit 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 the purpose is identified in Official Plan Policy 5.1.1 and will benefit the community in the vicinity of the lands;

d. the owner shall provide and maintain at least 10 dwelling units as one-bedroom affordable rental dwelling units in the new 31-storey residential building on the lot; the minimum average unit size of the affordable rental dwelling units shall be at least 49 square metres; the affordable rental dwelling units shall be provided in contiguous groups of at least 6 dwelling units; the general configuration and layout of the 10 affordable rental dwelling units in the new 31-storey residential building shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

e. the owner shall provide and maintain the 10 affordable rental dwelling units as rental dwelling units for a minimum of 20 years, beginning with the date each such unit is first occupied; no affordable rental dwelling unit shall be registered as a condominium or any other form of ownership such as life lease or co-ownership which provide a right to exclusive possession of a dwelling unit, and no application for conversion for non-rental housing purposes, or application to demolish any affordable rental dwelling unit shall be made for at least 20 years from the date of first occupancy; when the 20 year period has expired, the owner shall continue to provide and maintain the affordable rental dwelling units as rental dwelling units, unless and until such time as the owner has applied for and obtained all approvals necessary to do otherwise; and

f. the owner shall provide and maintain the affordable rental dwelling units at affordable rents for at least 15 years, beginning with the date that each such unit is first occupied; during the first 15 years of occupancy, increases to initial rents charged to tenants occupying any of the affordable rental dwelling units shall be in accordance with the Residential Tenancies Act and shall not exceed the Provincial rent guideline.

9. City Council direct that the following matters are also to be secured in the Section 37 Agreement as matters required to support the development of the lands, including:

a. the owner construct and maintain the development of the Site in accordance with Tier 2 performance measures of the Toronto Green Standard, and the owner will be encouraged to achieve Toronto Green Standard, Tier 3 or higher, where appropriate;

b. the owner shall submit a Construction Management Plan to the satisfaction of the Chief Building Official and Executive Director, Toronto Building, the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services, and the Chief Planner and Executive Director, City Planning;

c. the owner shall continue to provide and maintain the 149 existing rental dwelling units in the existing apartment building at 1650 Sheppard Avenue East as rental housing, together with the new and retained associated facilities and amenities of the existing apartment building, for a period of at least twenty (20) years commencing from the date of the Zoning By-laws coming into full force and effect and with no applications for demolition or conversion from residential rental use during such twenty (20) year period, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

d. the owner shall provide, repair, operate and maintain, at the owner's sole expense, improvements for tenants of the existing apartment building, all to the satisfaction of the Chief Planner and Executive Director, City Planning or designate, including but not limited to the following: 

i. a minimum of 296 square metres of new indoor amenity space shall be provided in the existing apartment building, of which:

1. a minimum of 188 square metres, which shall include but not be limited to exercise and multi-purpose space for tenants, to be designed to the satisfaction of the Chief Planner and Executive Director, City Planning, prior to final Site Plan Approval; this new indoor amenity space shall be provided in the existing apartment building prior to issuance of the first above-grade building permit for the new 31-storey residential building; and

2. a maximum of 113 square metres of indoor amenity space (Multi-Purpose Room A and washrooms) shall be provided prior to the registration of a Description for any Condominium under the Condominium Act for the lands, provided that:

a. if the amenity space is not provided prior to the issuance of the first above grade building, the owner shall provide, prior to the issuance of the first above grade building permit for the 31-storey building:

1. a Letter of Credit in the value of 120 percent of the cost of the construction of Multi-Purpose Room A and washrooms to be provided to the City, subject to indexing in accordance with the applicable construction price index over an annual period; and

2. such Letter of Credit will be released to the owner once the space has been constructed in accordance with the approved plans registered on title as part of the Site Plan Control Agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning;

ii. outdoor amenity areas, including a minimum of 299 square metres of exterior amenity for the existing apartment building, as illustrated in the Landscape Plans prepared by Rafael Bigauskas Architects dated June 24, 2019; this will include but not be limited to a new pedestrian courtyard for the existing front yard pick-up/drop-off area, and an outdoor patio with seating, shaded seating areas, and barbecues; any changes to the Landscape Plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

iii. enhanced accessibility within the existing apartment building, including but not limited to push button automatic door openers for common doors to be provided prior to issuance of the first above-grade building permit for the new 31-storey residential building;

iv. additional seating in the main lobby of the existing apartment building to be provided prior to issuance of the first above-grade building permit for the new 31-storey residential building;

v. a new indoor recycling/bulk and organics storage area in the existing apartment building as illustrated in the Architectural Plans prepared by Rafael Bigauskas Architects dated June 20, 2019; and

vi. indoor bicycle parking rooms containing 110 spaces on the P1 level and nine outdoor visitor bicycle parking spaces for tenants of the Retained Rental Units; 

e. City Planning staff negotiate the details regarding the amenities to be provided and secure them as part of the Section 37 agreement;

f. the owner's agreement that the costs of the improvements to the existing apartment building and associated spaces within and outside the existing apartment building, and improvements for the purpose of the proposed buildings, as described above, shall not be passed on to the tenants of the existing apartment building in any form, including by way of an application to the Landlord Tenant Board, or to any successor tribunal with jurisdiction to hear applications made under the Residential Tenancies Act, for the purpose of obtaining an increase in residential rent above the applicable guideline, or in the form of any additional costs and charges;

g. that the owner agrees to implement the required mitigation measures from the accepted Wind Study, Parking and Traffic Impact Study, and Landscape Plan, through the Site Plan approval process for the Site to the satisfaction of the Chief Planner and Executive Director, City Planning.

10. City Council adopt the draft Context Plan Urban Design Guidelines, substantially in accordance with Attachment 10 to the report (February 24, 2020) from the Acting Director, Community Planning, North York District and authorize the Chief Planner and Executive Director, City Planning to finalize these draft Guidelines in a form and content consistent with the Official Plan Amendment to be approved by the Local Planning Appeal Tribunal.

11.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (July 27, 2020) from the City Solicitor.

12.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix B to the supplementary report (July 27, 2020) from the City Solicitor, including any Part thereof, at the sole discretion of the City Solicitor.

13.  City Council direct that the balance of Confidential Attachment 1 and Confidential Appendix A to the supplementary report (July 27, 2020) from the City Solicitor remain confidential as they contain without prejudice information and advice that is subject to solicitor-client privilege.

14. City Council authorize the City Solicitor and necessary City Staff to take such necessary steps, as required, to implement City Council's decision.

October 13, 2020

The confidential instructions to staff in Confidential Attachment 1 to supplementary report (July 27, 2020)from the City Solicitor were adopted by City Council and are now public as follows, the City Solicitor having exercised the City Solicitor's discretion to make them public:

1.  City Council accept the first two points listed in the e-mail correspondence dated July 23, 2020 attached as Confidential Appendix B to the supplementary report (July 27, 2020) from the City Solicitor.

2.  City Council reject the third point listed in the e-mail correspondence dated July 23, 2020 attached as Confidential Appendix B to the supplementary report (July 27, 2020) from the City Solicitor.

3.  City Council authorize the City Solicitor not to object to a request by Macs Convenience Stores Inc. to the Local Planning Appeal Tribunal to modify and approve Official Plan Amendment 476, such that it includes a Policy 4.2.10(h):

Amendments to this Secondary Plan and the policies in Section 4.2.10 may be pursued for the lands municipally known as 2500 Don Mills Road on a site-specific basis through an official plan amendment application.

4.  City Council declare, pursuant to subsection 22(2.2) of the Planning Act, R.S.O. 1990, c. P.13 for the purposes of subsection 22(2.1.1) of the Planning Act, R.S.O. 1990, c. P.13, that Macs Convenience Stores Inc., may be permitted to apply to amend the Sheppard East Subway Corridor Secondary Plan (as amended by Official Plan Amendment 476) for the lands at 2500 Don Mills Road before the second anniversary of the first day on which any part of Official Plan Amendment 476 comes into effect.

5.  City Council declare that Part 4 above shall not be construed to fetter City Council's discretion with respect to its decision regarding any development application related to 2500 Don Mills Road.

6.  City Council authorize the City Solicitor to use the City Solicitor's discretion to develop and take a position on behalf of the City, in consultation with the other parties to the Local Planning Appeal Tribunal proceedings, with respect to any request for party status made of the Local Planning Appeal Tribunal by Macs Convenience Stores Inc.

7.  City Council authorize the City Solicitor, together with City Planning staff and other staff as appropriate, to oppose any request, made by Macs Convenience Stores Inc. of the Local Planning Appeal Tribunal, to modify Official Plan Amendment 476 to increase the density of the Key Development Area or any portion of it beyond 3.99 times the lot area, as shown on Schedule 1 of Official Plan Amendment 476.

8.  City Council authorize the City Solicitor and other City staff to take any necessary steps to implement City Council's decision.

Confidential Appendix B to the supplementary report (July 27, 2020) from the City Solicitor is now public, the City Solicitor having exercised the City Solicitor's discretion to make it public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 and Confidential Appendix A to the supplementary report (July 27, 2020) from the City Solicitor remain confidential in their entirety in accordance with the provisions of the City of Toronto Act, 2006, as they contain without prejudice information and advice that is subject to solicitor-client privilege. 

City Council on June 29 and 30, 2020,  deferred consideration of Item NY14.5 to the July 28 and 29, 2020 meeting of City Council.