Item - 2021.TE24.38

The Toronto and East York Community Council recommends that:

1. City Council authorize the City Solicitor to amend the registered Section 37 Agreement, and any other necessary agreements, satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor, securing the following matters consistent with the provisions of By-law 644-2015 as varied:

a. revisions to clauses relating to the location and physical specification of the 21 rental housing units reflecting the individual rental housing floor plans prepared by Core Architects dated April 6, 2020, including provision that no more than four of the 21 rental housing units may have interior bedrooms; and

b. revisions to clauses relating to the Heritage Conservation Plan, reflecting the conservation strategy in the Heritage Impact Statement prepared by Philip Goldsmith, Architect, dated July 19, 2019.

2. City Council authorize the City Solicitor and any appropriate City Officials to take such actions as are necessary to implement the foregoing, including execution of the Section 37 Amending Agreement.

3. City Council direct that, prior to final Site Plan Approval for the development at 89 to 109 Niagara Street, the owner be required to enter into the Section 37 Amending Agreement and that the owner has obtained final approval of the Minor Variance application for the subject property.

This report seeks City Council authorization to amend the existing Section 37 Agreement for the properties at 89 to 109 Niagara Street to update and modify conditions related to the heritage conservation strategy and replacement rental housing units, in accordance with revisions arising from the Site Plan Control review process.

On August 25, 2014, Council approved site-specific Zoning By-law 644-2015 permitting a redevelopment conserving the heritage buildings along the site's Niagara Street and Tecumseth Street frontages, and the addition of a new building with two taller elements of 12 and 14 storeys in its southerly portion, separated by a large courtyard in the centre of the site. The approved design required vehicles to pass through the courtyard to access the parking garage entrance located on the east side of the site. The rezoning approval secured a specific heritage conservation strategy as well as specific criteria  for the replacement of 21 rental housing units in the Section 37 provisions of the by-law and resultant Section 37 Agreement. The properties were designated under Part IV of the Ontario Heritage Act and a Heritage Easement Agreement was registered.

A Site Plan approval application was subsequently submitted and reviewed by staff, incorporating several design revisions. The revised proposal continues to conserve the exterior of the heritage properties and will not significantly impact the three dimensional form of the buildings, however the application now proposes the removal and reconstruction of the interior of the buildings to provide level floors, structural strength, fire separations and acoustic mitigation. At the request of City staff, the applicant also worked to relocate and reconfigure the parking garage access to reduce vehicular travel in the courtyard, which necessitated revisions to the southerly building including minor changes to the configurations of the 21 replacement rental housing units.

A minor variance application to permit the revised proposal is scheduled to be heard by the Committee of Adjustment on April 28, 2021. Staff support the requested variances, and recommend that City Council authorize the City Solicitor to amend the Section 37 Agreement as necessary, should the Committee of Adjustment approve the variances.