Item - 2021.TE25.3

That City Council adopt the following recommendation in the supplementary report (June 2, 2021) from the Chief Planner and Executive Director, City Planning [TE25.3a]:

1. City Council direct the Chief Planner and Executive Director, City Planning, to review and update the windshield survey undertaken in association with the Queen-River Secondary Plan and to report back to the Toronto Preservation Board on any recommendations with respect to the inclusion of specific properties on the City's Heritage Register.

That City Council adopt the following recommendations in the report (April 29, 2021) from the Director, Community Planning, Toronto and East York District:

1. City Council amend Zoning By-law 438-86, for the lands at 111 to 125 River Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 12 to the report from the Director, Community Planning, Toronto and East York District, dated April 29, 2021.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 111 to 125 River Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 13 to the report from the Director, Community Planning, Toronto and East York District, dated April 29, 2021.

3. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendments as may be required.

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

a. Provide a revised Functional Servicing Report to demonstrate whether the existing municipal infrastructure is adequate to service the proposed development and to determine whether any upgrades may be required to the existing infrastructure to support the proposed development, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

b. Secure the design and provision of financial securities for any improvements to the municipal infrastructure identified in the accepted Functional Servicing Report, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development;

c. 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 in Recommendations 9 and 12 at the owner's expense, with such Agreement to be registered on title to the lands at 111 to 125 River Street in a manner satisfactory to the City Solicitor;

d. enter into an Agreement pursuant to Section 111 of the City of Toronto Act 2006, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor securing the matters identified in Recommendation 5 at the owner's expense, with such Agreement to be registered on title to the lands at 111 to 125 River Street in a manner satisfactory to the City Solicitor; and

e. register a Limiting Distance Agreement between the owners of 111 to 125 River Street, 761 Dundas Street East, and the City of Toronto, to the satisfaction of the City Solicitor, which will establish a Limiting Distance Area on the property at 761 Dundas Street East where no new building or structure may be constructed within 11 metres of the east property line abutting 111 to 125 River Street, and no building taller than 22 metres may be constructed within 25 metres of the east property line abutting 111 to 125 River Street.

 
5. City Council approve the Rental Housing Demolition Application File No. 19 248623 STE 13 RH in accordance with Chapter 667 of the Toronto Municipal Code and pursuant to Section 111 of the City of Toronto Act, 2006 which allows for the demolition of five (5) existing rental dwelling units located at 111-125 River Street, subject to the following condition:

a. The owner shall provide an acceptable tenant relocation and assistance plan to mitigate hardship for eligible tenants of the existing rental housing proposed to be demolished at 111-125 River Street. The tenant relocation and assistance plan shall be developed in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning Division.
 

6. City Council authorize the Chief Planner and Executive Director, City Planning Division, to issue Preliminary Approval of the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 for the demolition of the five (5) existing rental dwelling units located at 111-125 River Street after all the following have occurred:

a. Satisfaction or securing of the condition in Recommendation 5 above;

b.  The Zoning By-law Amendments have come into full force and effect;

c. The issuance of the Notice of Approval Conditions for site plan approval by the Chief Planner and Executive Director, City Planning Division or their designate, pursuant to Section 114 of the City of Toronto Act, 2006;

d. The issuance of excavation and shoring permits (conditional or full permit) for the approved development on the site;

e. The owner has confirmed, in writing, that all existing rental dwelling units proposed to be demolished are vacant; and

f. The execution and registration of one or more agreements pursuant to Section 37 of the Planning Act and Section 111 of the City of Toronto Act, 2006 securing Recommendation 5 above and any other requirements of the Zoning-Bylaw Amendment.
 

7. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning Division has given Preliminary Approval referred to in Recommendation 6 above.

8. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Residential Demolition Permit under Section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for 111-125 River Street after the Chief Planner and Executive Director, City Planning Division has given Preliminary Approval referred to in Recommendation 6 above, which may be included in the Rental Housing Demolition Permit under Chapter 667 pursuant to section 6.2 of Chapter 363, on condition that:

a. The owner removes all debris and rubble from the site immediately after demolition;

b. The owner erects construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building;

c. The owner erects the proposed mixed-use building on site no later than four (4) years from the date that the demolition of such building commences, subject to the timeframe being extended at the discretion of the Chief Planner and Executive Director, City Planning Division; and

d. Should the owner fail to complete the proposed mixed-use building within the time specified in Recommendation 8.c. above, the City Clerk shall be entitled to enter on the collector’s roll, as with municipal property taxes, an amount equal to the sum of twenty thousand dollars ($20,000.00) per dwelling unit for which a demolition permit is issued, and that such amount shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.
 

9. City Council direct that the owner be required to enter into an Agreement pursuant to Section 37 of the Planning Act to secure the following community benefits at the owner's expense, as follows:

a. a cash contribution of three million one hundred thousand dollars ($3,100,000.00) to be allocated toward:

 
i. $1,550,000.00 to new City-owned affordable housing or community space and/or  capital improvements toCity owned affordable housing and/or community recreation space in Ward 13;

ii. $1,550,000.00 to local area streetscape and park improvements in Ward 13, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor and the General Manager,Park,Forestry and Recreation;

b. the owner shall prepare, at its expense, a Public Art Plan for the provision of Public Art upon the adjacent City-owned lands 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, in accordance with the terms of the Section 37 Agreement; and

 
c. Prior to the issuance of the first above grade building permit for the development,  the owner shall provide financial security in the form of a Letter of Credit in the amount of five hundred thousand dollars ($500,000) to secure the commission and installation of public art in accordance with the Public Art Plan in Recommendation 9. b).

 
10. the cash contribution referred to in Recommendation 9. a) 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 18-10-0135-01, or its successor, calculated from the date of the Agreement to the date of payment;

11. In the event the cash contribution referred to in Recommendations 9. a) has not been used for the determined purpose within three years of the amending Zoning By-law coming into full force and effect, the cash 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 the purpose is identified in the Official Plan and will benefit the community in the vicinity of the lands;

12. City Council also direct that the following be secured in the Section 37 Agreement as a legal convenience to secure matters required to support the development:

a. an acceptable tenant relocation and assistance plan shall be developed and implemented to mitigate hardship for eligible tenants of the existing rental housing proposed to be demolished. The tenant relocation and assistance plan shall be developed in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning Division;

b. the design, construction, provision and maintenance of streetscape improvements adjacent to the site, including the open space located at the corner of Dundas Street East and River Street to the satisfaction of the Chief Planner and Executive Director, City Planning, and secured in a Site Plan Agreement with the City;

c. the construction, provision and maintenance of privately owned publicly accessible open space (POPS) on the lands with a minimum size of 68 square metres in a location and configuration satisfactory to the to the satisfaction of the Chief Planner and Executive Director, City Planning and adjacent to the open space located at the corner of Dundas Street East and River Street, all to the satisfaction of the Chief Planner and Executive Director, City Planning.  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 POPS.  The owner shall own, operate, maintain and repair the POPS and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the POPS at all times of the day and night, 365 days of the year; and the specific location, configuration, design and timing of conveyance of the POPS shall be determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City;

d. prior to final Site Plan Approval for any part of the site, the owner shall submit a construction management plan for the development with the general matters included in the Section 37 Agreement, including but not limited to, 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, coordination with adjacent on-going development construction, parking and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, and any other matters requested by the Chief Planner and Executive Director, City Planning, and the General Manager, Transportation Services, in consultation with the Ward Councillor; and

e. the owner will construct and maintain the development of the site in accordance with Tier 1, Toronto Green Standard, and the owner will be encouraged to achieve Tier 2 Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the site.

 
13. City Council authorize the appropriate City officials to take such actions as are necessary to implement City Council's decision, including execution of the Section 37 Agreement, and any other necessary agreement(s).

That:

1. The item be forwarded to City Council without recommendation; and

2. the Chief Planner, Executive Director of City Planning be directed to review the communications submitted on this item with the purpose of assessing the heritage value of the site and affected properties in consultation with Heritage Planning and to report the findings and any staff recommendations directly to the June 8 and 9, 2021 City Council meeting.