Item - 2021.PH22.1

City Council on May 5 and 6, 2021, adopted the following:

1.  City Council adopt the Official Plan Amendment, Christie's Secondary Plan, in Attachment 2 to the report (April 8, 2021) from the Chief Planner and Executive Director, City Planning, with Policy 15.10 in Attachment 2 amended as follows: 

a. delete Policy 15.10.8 and replace it with the following: "streetscaping improvements along Park Lawn Road and Lake Shore Boulevard West and in the local area"; and

b. add a new Policy 15.10.9 as follows: "general infrastructure and park capital improvements in the local area".

2.  City Council adopt the Zoning By-law Amendment in Attachment 1 to the supplementary report (May 3, 2021) from the Chief Planner and Executive Director, City Planning with Schedule A in Attachment 1, amended as follows:

a.  delete Sections 1(a)(i) and (ii) and 1(b) and replace them with the following:

1.  The Owner shall provide the community benefits set out in (a) to (k) below (as also shown in Table 1 below), all to the satisfaction of the Chief Planner and Executive Director, City Planning, at the Owner's sole expense and to be secured in an Agreement pursuant to Section 37 of the Planning Act, to the satisfaction of the City Solicitor:

(a)  a cash contribution of ten million, five hundred thousand ($10,500,000.00) dollars, to the satisfaction of the Chief Planner and Executive Director, City Planning, whereby:

(i)  five million dollars ($5,000,000) towards streetscaping improvements along Park Lawn Road and Lake Shore Boulevard West, and the local area, shall be paid to the City by the Owner, in equal installments prior to the first above grade building permit for each of Phases 2 to 6;

(ii)  two million dollars ($2,000,000) towards renovations to the Mimico-Centennial Branch of the Toronto Public Library shall be paid to the City by the Owner prior to December 31, 2027;

(iii)  three million and five hundred thousand dollars ($3,500,000) towards improvements to local parks, streetscapes and infrastructure within the local area shall be paid to the City by the Owner prior to December 31, 2027;

(b)  the cash contributions referred to in clause 1(a)(i) to (iii) above shall be indexed upwardly in accordance with Statistics Canada Non-Residential Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of the Agreement to the date of payment; and

b.  delete the last row in Table 1 and replace it with the following:

3.  City Council authorize the City Solicitor to make such stylistic and technical changes to the Official Plan Amendment and Zoning By-law Amendment in Parts 1 and 2 above, as may be required.

4.  City Council resolve and declare that the revisions to the Official Plan in Attachment 2 to the report (April 8, 2021) from the Chief Planner and Executive Director, City Planning conform to the Growth Plan, 2020, have regard to matters of Provincial interest listed in Section 2 of the Planning Act and are consistent with the Provincial Policy Statement, 2020 issued under Section 3 of the Planning Act.

5.  City Council adopt the Christie's Urban Design and Streetscape Guidelines in Attachment 4 to the report (April 8, 2021) from the Chief Planner and Executive Director, City Planning.

6.  City Council direct the Chief Planner and Executive Director, City Planning to use the Official Plan Amendment, the Zoning By-law Amendment and the Christie's Urban Design and Streetscape Guidelines to evaluate current and future development applications within the Study Area shown in Attachment 1 to the report (April 8, 2021) from the Chief Planner and  Executive Director, City Planning, as amended.

7.  Before introducing the necessary Bills contemplated in Parts 1 and 2 above to City Council for enactment, City Council require the Owner of the lands at 2150 and 2194 Lake Shore Boulevard West and 23 Park Lawn Road to enter into an Agreement pursuant to Section 37 of the Planning Act and any other necessary agreements, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, securing the matters identified below, at the Owner's expense with such Agreement to be registered on title to the lands at 2150 and 2194 Lake Shore Boulevard West and 23 Park Lawn Road in a manner satisfactory to the City Solicitor:

a.  a cash contribution of $10,500,000, to the satisfaction of the Chief Planner and Executive Director, City Planning, whereby:

1.  $5,000,000 towards streetscaping improvements along Park Lawn Road and Lake Shore Boulevard West and the local area shall be paid to the City by the Owner in equal installments prior to the first above grade building permit for each of Phases 2 to 6;

2.  $2,000,000 towards renovations to the Mimico-Centennial Branch of the Toronto Public Library shall be paid to the City by the Owner prior to December 31, 2027; and

3.  $3,500,000 towards improvements to local parks, streetscapes and infrastructure within the local area shall be paid to the City by the Owner prior to December 31, 2027;

b.  the cash contributions in Parts 7.a.1. to 3. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01 or its successor, calculated from the date of the Agreement to the date of payment;

c.  prior to removal of the holding ("H") provision for Phase 2 of the development, the Owner shall prepare, at its expense, a Public Art plan (the “Public Art Plan”) for the provision of Public Art within the Secondary Plan Area and shall submit the Public Art Plan to the City, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Toronto Public Art Commission, and to City Council for approval, in accordance with the terms of the Section 37 Agreement;

d.  prior to the issuance of the first above grade building permit for any residential development in Phase 2, the Owner shall provide financial security in the form of a letter of credit in the amount of $5,000,000 to secure the commission and installation of public art in accordance with the Public Art Plan in Part 7.c. above and in accordance with the terms of the Section 37 Agreement;

e.  the financial security in Part 7.d. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01 or its successor, calculated from the date of the Agreement to the date of payment;

f.  the Public Art Plan in Part 7.c. above is subject to review and recommendation by the Toronto Public Art Commission through the Chief Planner and Executive Director, City Planning;

g.  two (2), 62-space, non-profit licensed Childcare Centres with the following conditions:

1.  the Owner shall design, construct, finish and convey freehold ownership of the two (2) Childcare Centres in Phases 2 and 3, prior to the first Condominium Registration in the Phase, with the terms and specifications to be secured in the Section 37 Agreement, all satisfactory to the General Manager, Children's Services, the Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning and the City Solicitor;

2.  the Owner shall construct in accordance with the Child Care and Early Years Act, 2014 and the City of Toronto's Child Care Development Guidelines;

3.  prior to the removal of the holding provision on both Phases 2 and 3, the Owner shall provide a letter of credit in the amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and conveyance of one Childcare Centre complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the General Manager, Children's Services, the Chief Planner and Executive Director, City Planning and the City Solicitor;

4.  at minimum, four (4) vehicular parking spots shall be provided to the City for exclusive use, at no cost per Childcare Centre;

5.  the Owner shall provide $500,000 for each Childcare Centre for start-up operating costs, replacement reserve fund and furnishings and equipment;

6.  the contributions in Part 7.g.5. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01 or its successor, calculated from the date of the Agreement to the date of payment;

7.  the contributions in Part 7.g.5. above will be made at the time of the conveyance of the Childcare Centres to the City within each of the Phases (Phases 2 and 3);

8.  a not-for-profit Childcare Centre operator will be chosen for each Childcare Centre through an Expression of Interest process undertaken by the Children's Services Division; each Childcare Centre operator must be approved by the General Manager, Children’s Services, and each Childcare operator shall meet the City of Toronto's not-for-profit status; and

9.  concurrent with, or prior to, the conveyance of each of the Childcare Centres to the City, the Owner and the City shall enter into, and register on title to, the appropriate lands an Easement and Cost Sharing Agreement for nominal consideration and at no cost to the City, that is in a form satisfactory to the City Solicitor; the Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement and reconstruction of certain shared facilities and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the Owner as they pertain to each Childcare Centre;

h.  One (1) Community Agency Space with the following conditions:

1.  the Owner shall design, construct, finish and convey freehold ownership to the City, prior to the first Condominium Registration of a building in Phase 3, in an acceptable environmental condition, for nominal consideration and at no cost to the City, a minimum 465 square metre Community Agency Space located on the ground and second floors of a building in Phase 3;

2.  the Community Agency Space shall be delivered to the City in accordance with the City's Community Space Tenancy Policy and finished to Base Building Condition, with the terms and specifications to be secured in the Section 37 Agreement, all satisfactory to the Executive Director, Social Development, Finance and Administration, the Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning and the City Solicitor;

3.  prior to the issuance of the first above grade building permit as part of Phase 3, the Owner shall provide a letter of credit in the amount sufficient to guarantee 120 percent of the estimated cost of the design, construction, and conveyance of the Community Agency Space complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning and the City Solicitor;

4.  prior to the first above grade building permit as part of Phase 3, the Owner shall provide a one-time cash contribution in the amount of $750,000 for future capital improvements to the Community Agency Space;

5.  at minimum, four (4) vehicular parking spots shall be provided to the City for exclusive use, at no cost;

6.  the contributions in Part 7.h.4. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01 or its successor, calculated from the date of the Agreement to the date of payment; and

7.  concurrent with, or prior to, the conveyance of the Community Agency Space to the City, the Owner and the City shall enter into, and register on title to, the appropriate lands an Easement and Cost Sharing Agreement for nominal consideration and at no cost to the City, that is in a form satisfactory to the City Solicitor; the Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the Owner as they pertain to the Community Agency Space;

i.  one (1) Public Library with the following conditions:

1.  the Owner shall design, construct, and convey freehold ownership to the City, prior to the first Condominium Registration of a building in Phase 4, in an acceptable environmental condition, for nominal consideration and at no cost to the City, a minimum 1,300 square metre Public Library located on the ground floor of Phase 4;

2.  the Public Library shall be delivered to the City and finished to Base Building Condition, with the terms and specifications to be secured in the Section 37 Agreement, including direct access to a loading space, all satisfactory to the City Librarian, Toronto Public Library, the Chief Planner and Executive Director, City Planning and the City Solicitor;

3.  prior to the removal of the holding provision on Phase 4, the Owner shall provide a letter of credit in the amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and conveyance of the Public Library complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the City Librarian, Toronto Public Library, the Chief Planner and Executive Director, City Planning and the City Solicitor; and

4.  concurrent with, or prior to, the conveyance of the Public Library, the Owner and the City shall enter into, and register on title to, the appropriate lands an Easement and Cost Sharing Agreement for nominal consideration and at no cost to the City, that is in a form satisfactory to the City Solicitor; the Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement and reconstruction of certain shared facilities and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the Owner as they pertain to the Public Library;

j.  one (1) Community Recreation Centre with the following conditions:

1.  the Owner will design, construct, finish, furnish, provide equipment for and convey freehold ownership to the City, prior to Condominium Registration for the first building in Phase 5, a minimum 6,040 square metre Community Recreation Centre, located on the ground, second and third floors, as freehold strata title, for nominal consideration, to the satisfaction of the General Manager, Parks, Forestry and Recreation as part of Phase 5;

2.  prior to the removal of the holding provision on Phase 4, the Owner shall provide a letter of credit in the amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and conveyance of the Community Recreation Centre complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the General Manager, Parks, Forestry and Recreation, the Chief Planner and Executive Director, City Planning and the City Solicitor;

3.  the design and construction of the Community Recreation Centre shall conform with City regulations, guidelines and design criteria;

4.  all materials, products, finishes, devices, signs, furnishings, appliances and systems shall be designed with regard for the demands of an intensively used public building operated and maintained by the City;

5.  at minimum, six (6) vehicular parking spots shall be provided to the City for exclusive use, at no cost;

6.  the Owner and the City of Toronto shall enter into a Construction Management Agreement with the Owner for the construction of the Community Recreation Facility, on terms and conditions deemed necessary and appropriate by the General Manager, Parks, Forestry and Recreation and the City Solicitor, in accordance with City policies applicable to capital projects;

7.  the Owner and the City of Toronto shall enter into, and the General Manager, Parks, Forestry and Recreation to execute, on behalf of the City, any other ancillary agreements necessary to complete construction of the Community Recreation Facility, on terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation and the City Solicitor; and

8.  concurrent with, or prior to, the conveyance of the Community Recreation Centre, the Owner and the City shall enter into, and register on title to, the appropriate lands an Easement and Cost Sharing Agreement for nominal consideration and at no cost to the City, that is in a form satisfactory to the General Manager, Parks, Forestry and Recreation and the City Solicitor; the Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement and reconstruction of certain shared facilities and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the Owner as they pertain to the Community Recreation Centre; and

k.  prior to the first above-grade building permit for Phase 2, the Owner shall identify a location, and the timing of provision and installation, of a Heritage Toronto plaque as part of the heritage interpretation of the Site in consultation with the Etobicoke Historical Society and as approved by the Chief Planner and Executive Director, City Planning.

8.  City Council direct that the following matters are also required to be secured in the Section 37 Agreement as matters required to support the development of the site, at the Owner's expense, and to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, including:

a.  the construction, provision and maintenance of two (2) privately owned publicly accessible open spaces on the lands, being the "Transit Plaza" and the "Pedestrian Plaza", with a minimum size of 2,750 square metres and 1,550 square metres, respectively, in accordance with the recommended Official Plan Amendment and recommended Zoning By-law Amendment, to the satisfaction of the Chief Planner and Executive Director, City Planning whereby:

1.  the Owner shall convey to the City, for nominal consideration, easement(s) along the surface of the lands, to the satisfaction of the City Solicitor, which shall constitute the two publicly accessible open spaces and any required public access easements to connect the two publicly accessible open spaces to adjacent publicly accessible open spaces and/or public rights-of-way, where necessary; and

2.  the Owner shall own, operate, maintain and repair the two publicly accessible open spaces and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the two publicly accessible open spaces at all times of the day and night, 365 days of the year; and the specific details of the location, configuration, process for design and timing of conveyance of the two publicly accessible open spaces shall be determined by the Section 37 agreement and the design secured through Site Plan Approval pursuant to Section 114 of the City of Toronto Act, 2006 and secured in a Site Plan Agreement with the City;

b.  a minimum amount of affordable housing must be achieved on the entire Plan Area through one or more of the following, or equivalent, delivery mechanisms, to the satisfaction of the Chief Planner and Executive Director, City Planning:

1.  the conveyance of land to the City sufficient to accommodate 20 percent of the residential gross floor area;

2.  the provision of 10 percent of residential gross floor area as purpose-built rental units with affordable rents secured for a period of no less than 20 years; and/or

3.  the conveyance to the City of 5 percent of the residential gross floor area for the purposes of permanent affordable housing;

c.  the Owner shall provide a Phasing Plan to the satisfaction of the Chief Planner and Executive Director, City Planning; and

d.  prior to the issuance of the first above-ground building permit in Phase 1, the Owner shall provide the cash-in-lieu of land payment for the deficit in parkland dedication requirements in accordance with Section 42 of the Planning Act.

9.  City Council require the Owner to adhere to City policies, as applicable, for procurement and construction, including, but not limited to, the Fair Wage Policy and Contractual Trades Obligations, for the delivery of the facilities listed in Part 7 above.

10.  City Council repeal Site and Area Specific Policy 15 once the Official Plan Amendment in Part 1 above has come into full force and effect.

11.  City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the Owner of the Above Base Park Improvements on Blocks 2 and 3, to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

12.  City Council require the Owner to negotiate with the General Manager, Transportation Services, in consultation with City Planner and the Executive Director, City Planning, a funding commitment for the construction of Street A, as shown in Attachment 2 to the report (April 8, 2021) from the Chief Planner and Executive Director, City Planning; and enter into an agreement with the City with terms and conditions satisfactory to the General Manager, Transportation Services, and in a form satisfactory to the City Solicitor.

13.  City Council authorize the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement City Council's decision.

14.  In the event that the applicant pursues the provision of 10 percent of the residential gross floor area as purpose-built rental units with affordable rents, as set out in the Secondary Plan, City Council request the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat to explore opportunities to work with the applicant to achieve 20 percent of the new housing as affordable housing through the use of funding tools, such as Open Door or Canada Mortgage Housing Corporation assistance, and partnership opportunities with non-profit housing providers.

15.  City Council authorize the City Solicitor to undertake minor amendments to the Bills for the Zoning By-law and the Draft Christie's Secondary Plan, as necessary, to implement the changes outlined in Parts 1 and 2 above.

16.  City Council direct that, prior to the enactment of Bills for the Christie's Planning Study, the General Manager, Transportation Services provide an interim report to the July 5, 2021 meeting of the Infrastructure and Environment Committee on the Park Lawn Lake Shore Transportation Master Plan, including updates and status of funding for the Legion Road extension and other north-south transportation network connections.

17.  City Council determine that the changes above are minor and reflective of the original proposal and that pursuant to Section 34(17) of the Planning Act, no further notice is required.

18.  City Council determine that the changes with respect to the draft Zoning By-law are minor and reflective of the proposal considered by the Planning and Housing Committee on April 22, 2021 and, pursuant to subsection 34(17) of the Planning Act, no further public notice is required in respect of the proposed amendments to the Zoning By-law.