Item - 2022.PH35.4

The Planning and Housing Committee recommends that:

1. City Council adopt the Zoning By-law Amendment revisions, included as Attachment 1 to the report (June 17, 2022) from the Chief Planner and Executive Director, City Planning, as amended by Recommendation 2 below.

2. City Council amend Schedule A included as Attachment 1.a. to the report (June 17, 2022) from the Chief Planner and Executive Director, City Planning as follows:

a. delete Section 2(b) and replace it with the following:

2.(b) The cash contributions referred to in clause 1(a)(i) to (iii) 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 City Council adopts the zoning by-law amendment to the date of each payment;

b. delete Section 2(e) and replace it with the following: 

2.(e) the financial security referred to in Part (d) 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 City Council adopts the zoning by-law amendment to the date that the Letter of Credit is provided to the City;

c. delete 2(g)(vii) and replace it with the following:

2.(g)(vii) each contribution in Part (vi) 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 City Council adopts the zoning by-law amendment to the date of each payment; and

d. delete 2(h)(vi) and replace it with the following:

2.(h)(vi) the contributions in Part (iv) 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 Council adopts the zoning by-law amendment to the date of payment; and

e. add a new subsection in Section 4 requiring that, when required by the Housing Plan for a Phase, the affordable housing agreement for that Phase be executed prior to the issuance of the first above grade building permit for any building within that Phase.

3. City Council adopt the revision to the Christie's Secondary Plan (OPA 506), included as Attachment 2 to the report (June 17, 2022) from the Chief Planner and Executive Director, City Planning.

4. City Council approve the acceptance of on-site parkland dedication, subject to the owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition; the owner may propose the exception of encumbrances of tiebacks, where such an encumbrance is deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor; and such an encumbrance will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management.

5. Notwithstanding Recommendation 7 adopted by City Council as part of Item PH22.1 at its meeting held July 5 and 6, 2021, City Council authorize the City Solicitor to submit bills to implement the foregoing upon adoption of these recommendations on the basis that the Zoning By-law provides that no building permit will issue until such time as the Section 37 agreement has been executed.

The Planning and Housing Committee held a statutory public meeting on July 5, 2022 and notice was given in accordance with the Planning Act.

The Final Report for the Christie's Planning Study was adopted by City Council on May 5, 2021. The report recommended the adoption of the Christie's Secondary Plan, an area-specific Zoning By-law and Urban Design and Streetscape Guidelines. The Bills have been held back to allow for finalization of the Section 37 agreement. There are a number of required revisions to the area-specific Zoning By-law which have become apparent as the applicant began preparing more detailed drawings required for Site Plan Control and this report provides a summary of the proposed changes and brings forward the revised area-specific Zoning By-law. In addition, this report requests permission to allow tiebacks in the parkland which requires an additional policy be added to the Christie's Secondary Plan.