Item - 2022.CC47.19

Tracking Status

  • City Council adopted this item on July 19, 2022 without amendments and without debate.

CC47.19 - 190-200 Soudan Avenue and 18 Brownlow Avenue - Zoning By-law Amendment Application - Request for Direction

Decision Type:
ACTION
Status:
Adopted on Consent
Ward:
12 - Toronto - St. Paul's

City Council Decision

City Council on July 19, 20, 21 and 22, 2022, adopted the following:

 

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 8, 2022) from the City Solicitor.

 

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1, Confidential Appendix A and Confidential Appendix B to the report (July 8, 2022) from the City Solicitor.

 

3. City Council direct that the balance of Confidential Attachment 1 to the report (July 8, 2022) from the City Solicitor remain confidential, as it contains advice and information that is subject to solicitor-client privilege.

 

The confidential instructions to staff in Confidential Attachment 1 to the report (July 8, 2022) from the City Solicitor, were adopted by City Council and are now public as follows:

 

1. City Council accept the "without prejudice" settlement offer set out in Confidential Appendix A and support a revised proposal that is substantially in accordance with Confidential Appendix B (the “Settlement Offer”) to the report (July 8, 2022) from the City Solicitor and subject to the Parts below.

 

2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing on this matter in support of the Settlement Offer for the lands municipally known as 190 Soudan Avenue.

 

3. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the Zoning By-law Amendment until:

 

a. the proposed Zoning By-law Amendment(s) are in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

 

b. the owner has, at its sole expense:

 

i. submitted a revised Functional Servicing Report, including confirmation of water and fire flow, sanitary and storm water capacity, Stormwater Management Report and Hydrogeological 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

 

iii. submitted a revised Transportation Impact Study to the satisfaction of, the General Manager, Transportation Services and that such matters arising from such study be secured, if required, and if necessary, the proposed Zoning By-law Amendment has been revised to address any mitigation measures arising from the accepted studies or reports;

 

c. the Chief Planner and Executive Director, City Planning, under delegated authority, has approved the Rental Housing Demolition application under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to demolish one (1) existing rental dwelling units at 192 Soudan Avenue and if necessary, a Section 111 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, has been executed and registered on title to the subject lands to the satisfaction of the City Solicitor; and

 

d. 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 subject lands to the satisfaction of the City Solicitor, securing community benefits in Part 4.d.i. below and securing the matters required to support the development outlined in Part 4.d.ii. below.

 

4. City Council instruct the City Solicitor to request that the final form of the Zoning By-law Amendments to be issued by the Ontario Land Tribunal contain the following provisions:

 

a. pursuant to Section 37 of the Planning Act, and subject to compliance with this By-law, the increase in height and density of the development is permitted beyond that otherwise permitted on the lands shown on Diagram 1 of this By-law, in return for the provision by the owner, at the owner’s expense of the facilities, services and matters set out in Schedule A hereof and which are secured by one or more agreements pursuant to Section 37(3) of the Planning Act that are in a form and registered on title to the lands to the satisfaction of the City Solicitor;

 

b. where Schedule A of this By-law requires the owner to provide certain facilities, services or matters prior to the issuance of a building permit, the issuance of such permit shall be dependent on satisfaction of the same;

 

c. the owner must not use, or permit the use of, a building or structure erected with an increase in height and density pursuant to the CR exception of By-law 569-2013, as amended, unless the provisions of Schedule A of such By-law are satisfied;

 

d.  Schedule A, which shall provide that:

 

i. the Owner shall enter into and register on title to the lands, one or more agreements pursuant to Section 37 of the Planning Act, at the owner's expense, to secure the following matters, on such terms and conditions as may be required, all satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor:

 

1. a cash contribution of $1,750,000.00 dollars to be allocated towards community benefits that have been identified as priorities in the Yonge-Eglinton Secondary Plan at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

 

2. the cash contribution referred to in Part 4.d.i.1. 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 18-10-0135-01, or its successor, calculated from the date of the Agreement to the date of payment; and

 

3. in the event the cash contribution referred to in Part 4.d.i.1. above 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; and

 

ii. the following matters are to be secured in the Section 37 Agreement as a legal convenience to support development:

 

1. the owner shall enter into a financially secured agreement for the construction of any improvements to the existing municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development;

 

2. the owner shall submit a revised Transportation Impact Study, including an updated Parking and Loading Study and Transportation Demand Management strategy to the satisfaction of the General Manager, Transportation Services and that such matters arising from such study be secured, if required;

 

3. should the accepted Transportation Demand Management Plan include any cash contribution toward Transportation Demand Management measures, such cash contribution shall be paid by the owner to the City prior to the issuance of the first above-grade building permit for the development and allocated in accordance with the Transportation Demand Management Plan, and such cash contribution shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication No. 18-10-0135-01, or its successor, calculated from the date of the Section 37 Agreement to the date of payment;

 

4. the rental tenure of the existing rental units at 18 Brownlow Avenue without application to convert or demolish for at least 20 years and needed improvements to the existing rental housing, including:

 

A. the existing rental dwelling units in the 18 Brownlow Building will be secured as rental units in accordance with Policy 3.2.1.5 of the Official Plan for a minimum of 20 years without application to convert or demolish, as of the date of the Section 37 Agreement;

 

B. the owner will increase the amount of indoor amenity space in the 18 Brownlow Building by adding 75 square metres of indoor amenity space on the lower level without seeking an above-guideline rent increase for this work;

 

C. the owner will provide seating around the relocated barbeque area and around the existing swimming pool, and allow access for the tenants of the 18 Brownlow Building to the at-grade outdoor amenity area associated with the Property;

 

D. the owner will undertake a tenant survey to seek input on the programming for this additional indoor amenity space, as well as input on potential improvements or renovations to the 18 Brownlow Building; and

 

E. the owner will provide along with a Construction Mitigation and Tenant Communication Plan and any other rental housing matters in conformity with Policy 3.2.1.5 of the Official Plan,

 

all to the satisfaction of the Chief Planner and Executive Director, City Planning;

 

5. one privately owned publicly-accessible open space, not less than 214 square metres is size, substantially in accordance with the location and configuration shown on Site Plan A201 in Confidential Appendix B to the report (July 8, 2022) from the City Solicitor, to the satisfaction of the Chief Planner and Executive Director, City Planning; prior to the issuance of Site Plan Approval, the owner shall convey to the City, for nominal consideration, easement(s) along the surface of the lands for public access, together with any necessary rights of support, to the satisfaction of the City Solicitor, which shall constitute the privately owned publicly-accessible open space; the owner shall own, operate, maintain and repair the privately owned publicly-accessible open space and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the privately owned publicly-accessible open space at all times of the day and night, 365 days of the year; and the specific location, configuration and design of the privately owned publicly-accessible open space 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;
 

6. through Site Plan Control, Landscape Plans along with a composite utility plan overlay on the Landscape Plans, a Soil Volume Plan, an Arborist Report and a Tree Protection Plan to the satisfaction of the General Manager, Parks, Forestry and Recreation and the Chief Planner and Executive Director, City Planning, the Landscape Plans shall illustrate soil volumes and species for the proposed trees to be planted on the City-owned right-of-way on Brownlow Avenue, and for the proposed trees to be planted on the subject property along Brownlow Avenue, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Director, Urban Forestry; the owner shall thereafter implement the recommendations of such reports, and shall relocate at its sole cost and expense any utility conduits that interfere with existing or proposed trees, all of which shall be secured as part of Site Plan Approval, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Parks, Forestry and Recreation;

 

7. through Site Plan Control, 5.0 metre-wide landscaped buffers on both of the Brownlow and Soudan frontages of the subject property, substantially in accordance with the landscape buffer shown on Site Plan A201 in Confidential Appendix B to the report (July 8, 2022) from the City Solicitor;

 

8. through Site Plan Control, an on-site dog relief area with proper disposal facilities for existing and new residents, substantially in the size, location and configuration as the pet relief area shown on Site Plan A201 in Confidential Appendix B to the report (July 8, 2022) from the City Solicitor;

 

9. prior to Site Plan Approval, a Streetscape Improvement Plan, substantially in accordance with shown on Site Plan A201 in Confidential Appendix B to the report (July 8, 2022) from the City Solicitor, to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the General Manager, Transportation Services, which shall provide for:

 

a. a curb extension at the northwest corner of Soudan Avenue and Brownlow Avenue within the public boulevard;

 

b. along Soudan Avenue, a new 2.1 metre-wide linear path of concrete public sidewalk, within the public boulevard; and

 

c. along Redpath Avenue, a new 2.1 metre-wide linear path of concrete public sidewalk, within the public boulevard;

 

(the "Streetscape Improvements");

 

and an acceptable functional plan illustrating the Streetscape Improvements and the associated modifications in the pavement markings and road signs, to the satisfaction of the General Manager, Transportation Services; the owner shall enter into a financially secured agreement in respect of the Streetscape Improvements; the timing for completion of the Streetscape Improvements shall be determined at the time of and through the Site Plan Approval process;

 

10. through Site Plan Control, a revised Noise Impact Study, including the peer review process paid for by the owner, that identifies all mitigation measures to be undertaken for this development and that incorporates into the recommendations for site design, any required mitigation measures; the owner shall construct and maintain any required mitigation measures, to be secured through Site Plan Control, to the satisfaction of the Chief Planner and Executive Director, City Planning;

 

11. through Site Plan Control, a Pedestrian Level Wind Study to the satisfaction of the Chief Planner and Executive Director, city Planning; and agreement to implement any wind mitigation measures required thereby to the satisfaction of the Chief Planner and Executive Director, City Planning;

 

12. the construction and maintenance of the development in accordance with Tier 1, Toronto Green Standard; 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 the development;

 

13. consent to the inclusion of warning clauses and signage of the Toronto Catholic District School Board and the Toronto District School Board in the conditions of Site Plan Approval and subsequently within any agreements of purchase and sale or tenant lease agreements for the proposed units, to the satisfaction of the Chief Planner and Executive Director, City Planning; and

 

14. prior to commencement of any excavation and shoring work, 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 matters: noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queueing 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 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

 

e. the provision of dwelling units is subject to the following:

 

i. a minimum of 15 percent of the total number of dwelling units must have two or more bedrooms;

 

ii. a minimum of 10 percent of the total number of dwelling units must have three or more bedrooms;

 

iii. any dwelling units with three or more bedrooms provided to satisfy Part 14.e.ii. above are not included in the provision required by Part 14.e.i. above;

 

iv. an additional 15 percent of the total number of dwelling units will be any combination of two bedroom and three bedroom dwelling units, or dwelling units that can be converted into any combination of two and three bedroom dwelling units; and

 

v. convertible dwelling units, as described in iv above, may be converted using accessible or adaptable design measures such as knock-out panels.

 

5. City Council instruct the City Solicitor to request that the final form of the Zoning By-law Amendment to Zoning By-law 438-86 to be issued by the Ontario Land Tribunal contain the following provisions:

 

a. within the lands shown on Map 1 attached to this By-law, no person shall use any land or erect or use any building or structure unless the following municipal services are provided to the lot line and the following provisions are complied with:

 

i. all new public roads have been constructed to a minimum of base curb and base asphalt and are connected to an existing public highway; and

 

ii. all water mains and sanitary sewers, and appropriate appurtenances, have been installed and are operational.

 

6. Provided that the matters listed in Parts 3.b. and 3.d. above have not been completed to the satisfaction of the appropriate City Official by August 12, 2022, City Council instruct the City Solicitor to request that the final form of the Zoning By-law Amendment(s) to be issued by the Ontario Land Tribunal contain a Holding ('H") provision regarding the following matters:

 

a. the owner shall obtain approval from the Chief Planner and Executive Director, City Planning, pursuant to delegated authority, for the Rental Housing Demolition Application (File 20 230473 STE 12 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 the one (1) existing rental dwelling unit at 190-200 Soudan Avenue, and the owner shall satisfy any associated conditions, which may include entering into and registering on title to the lands a Section 111 Agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; and

 

b. the owner shall, at its sole cost and expense:

 

i. submit a revised Functional Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report (“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. secure the design and provided financial securities for any upgrades or required improvements to the existing 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 and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Engineering Reports, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water; and

 

iii. submit a revised Transportation Impact Study, including an updated Parking and Loading Study and Transportation Demand Management strategy satisfactory to the General Manger, Transportation Services.

 

7. If the Ontario Land Tribunal cannot issue its final Order on the Zoning By-law Amendment on or before August 12, 2022, City Council instruct the City Solicitor to request the Ontario Land Tribunal to render its Order on the Zoning By-law Amendment effective as of no later than August 12, 2022.

 

8. City Council authorize the City Solicitor to enter into and register on title to the lands, one or more agreements pursuant to Section 37, at the owner's expense, to secure the community benefits and matters of legal convenience listed in Part 4.d. above, on such terms and conditions as may be required, all satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor.

 

9. City Council direct the General Manager, Parks Forestry and Recreation to accept a payment in lieu of the on-site parkland dedication in satisfaction of the applicant's required parkland contribution pursuant to Section 42 of the Planning Act.

 

10. City Council authorize the City Solicitor and appropriate City staff to take any necessary steps to implement City Council's decision on this matter.

 

Confidential Appendix A and Confidential Appendix B to the report (July 8, 2022) from the City Solicitor are now public and can be accessed under Background Information (City Council).

 

The balance of Confidential Attachment 1 to the report (July 8, 2022) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice and information that is subject to solicitor-client privilege. 

Confidential Attachment - Advice or communications that are subject to solicitor-client privilege and information regarding potential litigation.

Background Information (City Council)

(July 8, 2022) Report from the City Solicitor on 190-200 Soudan Avenue and 18 Brownlow Avenue - Zoning By-law Amendment Application - Request for Direction (CC47.19)
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-228693.pdf
Confidential Attachment 1 - Confidential Information
Confidential Appendix A - Confidential Information - made public on August 5, 2022
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-228695.pdf
Confidential Appendix B - Confidential Information - Part 1 - made public on August 5, 2022
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-228696.pdf
Confidential Appendix B - Confidential Information - Part 2 - made public on August 5, 2022
https://www.toronto.ca/legdocs/mmis/2022/cc/bgrd/backgroundfile-228840.pdf

Communications (City Council)

(July 18, 2022) Letter from Andy Gort, Past President, South Eglinton Davisville Residents' Association (SEDRA) and John Goodyear (CC.New)
https://www.toronto.ca/legdocs/mmis/2022/cc/comm/communicationfile-155762.pdf
Source: Toronto City Clerk at www.toronto.ca/council