Item - 2022.TE34.11

That City Council adopt the following recommendations in the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District, amended to read as follows:

1. City Council amend Zoning By-law 569-2013, for the lands at 40 Raglan Avenue (the "Lands"), substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District.

2. City Council authorize the City Solicitor to submit the necessary bills to implement the foregoing recommendations provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will issue until such time as the Section 37 Agreement is executed and registered.

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

4. City Council authorize the City Solicitor and appropriate City staff to take such actions as are required to implement City Council's decision, including the execution and implementation of appropriate agreements.

5. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act (the "Section 37 Agreement") as follows:

a. the community benefits to be secured in the Section 37 Agreement are as follows:

i. prior to the earlier of condominium registration or first occupancy of any residential unit on the Lands, the owner shall design, construct, finish and convey freehold ownership to the City, in an acceptable environmental condition and at no cost to the City, a minimum of 245 square metres of Community Agency Space on the ground floor of the proposed building (the "Community Agency Space") and provide the Community Agency Space in accordance with the City's Community Space Tenancy Policy and Base Building Conditions, with the terms and specifications to be finalized and secured in the Section 37 Agreement, all satisfactory to 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 including;

A. a letter of credit in the amount sufficient to guarantee 120% of the estimated cost of the design, construction and handover 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; will be provided to the City prior to the issuance of the first above-grade building permit for non-residential uses to secure the Community Agency Space pursuant to Recommendation 5 a.i. above, with such Community Agency Space to be made available to the City within twelve (12) months of residential occupancy of the building;

B. a one-time cash contribution in the amount of $300,000 for future capital improvements to the Community Space;

C. the provision of one parking space for the Community Agency Space; and

D. all financial contributions shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date City Council adopts the zoning by-law amendment(s) to the date of payment;

ii. the owner shall secure, in the Section 37 Agreement, the number, size, type, and tenure of replacement residential rental units and improvements to the existing residential rental property, as outlined in Recommendation 6;

iii. the owner shall prepare all documents and convey to the City, at nominal cost, a 1.98 metre wide strip of land to the full extent of the site abutting the west limit of the north-south public lane, to a minimum depth of 1.2 metres from finished grade, together with right of support, such lands to be free and clear of all physical and title encumbrances, and subject to a right-of-way for access and construction purposes in favour of the Grantor until such time as the said lands have been laid out and dedicated for public lane widening purposes, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor;

iv. the owner shall provide, at its own expense, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, a mid-block connection 7.1 metres wide and 5.3 metres in vertical height, with a minimum area of 640 square metres, comprised of a driveway and pedestrian walkway, connecting Raglan Avenue and the north-south public lane to the west of the site, as a surface easement for vehicle and pedestrian use by members of the general public. Such easements shall be conveyed to the City prior to site plan approval, and with the configuration and design to be determined to the satisfaction of the Chief Planner and Executive Director, City Planning in the context of site plan approval; and

v. prior to site plan approval, the owner will submit a public art plan, detailing the cost estimate, design and construction of a permanent on-site public art installation, that shall include artistic or decorative lighting along the public laneway and/or southern pedestrian walkway, at a minimum value of $15,000.00, indexed upwardly in accordance with the Construction Price Index, calculated from the date of the Section 37 Agreement to the date of payment, to be secured by way of a letter of credit provided by the owner to the City to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor. The owner shall install, operate, maintain and repair the permanent public art installation at its own expense, in perpetuity. The letter of credit will be release fully, upon inspection that the public art installation has been built as per the public art plan, to the satisfaction of City of the Chief Planner and Executive Director, City Planning;

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

i. the owner shall submit a payment in the form of a certified cheque for $100,000.00 for future road improvements contemplated for the Raglan Avenue corridor and adjacent local area, including (but not limited to) pavement marking and signage modifications, curb extension installations, the signalization of the Vaughan Road/Maplewood Avenue intersection, and other potential related infrastructure;

ii. the provision of a commercial retail unit that is a minimum of 19 square metres and located on the ground floor of the building, fronting onto Raglan Avenue;

iii. the owner shall provide ten percent (10%) of all net new residential units in the proposed development on the Lands as three-bedroom units;

iv. prior to Site Plan Approval, the owner shall submit a Pedestrian Level Wind Study, satisfactory to the Chief Planner and Executive Director, City Planning, including wind tunnel analysis, which identifies recommendations for the outdoor amenity areas, and pedestrian realm, including the proposed park to mitigate wind impacts year-round, and the owner shall implement and maintain in support of the development all recommended mitigation measures to the satisfaction of the Chief Planner and Executive Director, City Planning;

v. the owner shall provide a Construction Management Plan and Neighbourhood Communication Strategy, prior to Site Plan Approval, to the satisfaction of the Chief Planner and Executive Director, City Planning Division in consultation with the General Manager of Transportation Services and the Ward Councillor;

vi. the owner shall submit documentation and/or cash contributions toward Transportation Demand Management measures, as listed below, and such cash contributions shall be paid by the owner prior to the issuance of the site plan approval for the development, in the form of certified cheques, to the satisfaction of the General Manger, Transportation Services, 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 City Council adopts the zoning bylaw amendment(s) to the date of payment:

A. the provision of a minimum of one (1) car-share parking space;

B. written confirmation from a car-share operator for the proposed one (1) publicly-accessible car-share spaces provided on-site;

C. one (1) bike-share membership per unit, offered in the first year of occupancy;

D. one (1) pre-loaded Presto card ($100 value) per unit, offered in the first year of occupancy; and

E. a minimum of one (1) bike repair station provided on-site;

vii. the owner has, registered on title, a Limiting Distance Agreement, or similar legal instrument, over 54 Raglan Avenue, including the City as a party, that ensures that the tower portion of the proposed residential building at 40 Raglan Avenue can achieve an appropriate tower setback and separation distance to the north, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

viii. prior to site plan approval and issuance of the first building permit, the owner shall revise and submit to the City, for review and acceptance, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the following:

A. Functional Servicing and Stormwater Management Report;

B. Hydrogeological Report;

C. Servicing Report Groundwater Summary Form; and

D. Hydrogeological Review Summary Form; and

ix. the owner will pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing and Stormwater Management Report, should it be determined that upgrades to such infrastructure are required to support this development.

6. City Council approve the Rental Housing Demolition Application 21 212466 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 62 existing rental dwelling units located at 40 Raglan Avenue, subject to the following conditions:

a. the owner shall provide and maintain sixty-two (62) replacement rental dwelling units for a period of at least 20 years beginning from the date that each replacement rental unit is first occupied. During such 20-year period, no replacement rental dwelling unit shall be registered as a condominium or any other form of ownership housing that provides a right to exclusive possession of a dwelling unit, including life-lease or co-ownership, and no application shall be made to demolish any replacement rental dwelling unit or convert any replacement rental unit to a non-residential rental purpose. The sixty-two (62) replacement rental dwelling units shall collectively contain a total gross floor area of at least 3,119 square metres and be comprised of twenty-seven (27) studio units, twenty-eight (28) one-bedroom units, and seven (7) two-bedroom units, all of which shall contain a balcony or terrace, as generally illustrated in the plans prepared by by E. Corazza and J. Chimienti and dated April 29, 2022, with any revision to these plans being to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. the owner shall provide and maintain at least twenty-four (24) studio, twenty-two (22) one-bedroom, and five (5) two-bedroom units at affordable rents, as currently defined in the Toronto Official Plan, and the remaining three (3) studio, six (6) one-bedroom, and two (2) two-bedroom units at mid-range rents, as currently defined in the Toronto Official Plan, for a period of at least ten (10) years beginning from the date of first occupancy of each unit;

c. the owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants of the sixty-two (62) existing rental dwelling units proposed to be demolished, addressing the right to return to occupy one of the replacement rental dwelling units at similar rents, the provision of alternative accommodation at similar rents in the form of rent gap payments, and other assistance to mitigate hardship. 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;

d. the owner shall provide tenants of all sixty-two (62) replacement rental dwelling units with access to, and use of, all indoor and outdoor amenities in the proposed development, at no extra charge, and on the same terms and conditions as any other resident of the development, without separate entrances or the need to pre-book or pay a fee unless specifically required as a customary practice for private bookings;

e. the owner shall provide ensuite laundry in each replacement rental dwelling unit within the proposed development at no additional cost to tenants;

f. the owner shall provide central air conditioning in each replacement rental dwelling unit within the proposed development at no additional cost to tenants;

g. the owner shall provide and make available twenty (20) vehicle parking spaces for tenants of the replacement rental dwelling units. Such parking spaces shall be made available firstly to returning tenants who previously rented a vehicle parking space, secondly to returning tenants who did not previously rent a vehicle parking space, and thirdly to new tenants of the rental replacement dwelling units. Monthly parking charges for tenants who previously leased a vehicle parking space will be similar to what was previously paid. Monthly parking charges for tenants who did not previously lease a vehicle parking space will be on the same terms and conditions as any other resident of the development;

h. the owner shall provide tenants of the replacement rental dwelling units with access to all bicycle and visitor vehicular parking at no charge and on the same terms and conditions as any other resident of the development;

i. the owner shall provide fifteen (15) storage lockers to the tenants of the replacement rental dwelling units;

j. the sixty-two (62) rental dwelling units required in Recommendation 6(a) above shall be made ready and available for occupancy no later than the date by which seventy percent (70%) of the new dwelling units in the proposed development, exclusive of the replacement rental units, are made available and ready for occupancy, subject to any revisions to the satisfaction of the Chief Planner and Executive Director, City Planning; and

k. the owner shall enter into, and register on title to the lands at 40 Raglan Avenue, one or more agreement(s) to secure the conditions outlined in Recommendations 6(a) through (j) above, including an agreement pursuant to Section 111 of the City of Toronto Act, 2006, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

7. City Council authorize the Chief Planner and Executive Director, City Planning 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 sixty-two (62) rental dwelling units at 40 Raglan Avenue after all the following have occurred:

a. all conditions in Recommendation 6 above have been fully satisfied and secured;

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 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 permits) 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 agreements pursuant to Section 37 of the Planning Act and Section 111 of the City of Toronto Act, 2006 securing Recommendations 6(a) through (j) above and any other requirements of the Zoning By-law Amendments (if applicable).

8. 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 has given the Preliminary Approval referred to in Recommendation 7 above.

9. 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 at 40 Raglan Avenue 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 solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building;

c. the owner erects the proposed building no later than three (3) years from the date on which the demolition of the existing rental dwelling units commences, subject to the timeframe being extended to the discretion of the Chief Planner and Executive Director, City Planning; and

d. should the owner fail to complete the proposed development containing the sixty-two (62) replacement rental dwelling units within the time specified in Recommendation 9(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 Residential Demolition Permit is issued.

10. 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 111 Agreement, Section 37 Agreement, and any other necessary agreements.

11. City Council approve that in accordance with Section 42 of the Planning Act, prior to the first above grade building permit, the owner shall convey to the City, an on-site parkland dedication, having a minimum size of 174 square metres located in the south portion of the site, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

12. 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.

13. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the applicant of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation (PFR). The development charge credit shall be in an amount that is the lesser of the cost to the applicant of designing and constructing the Above Base Park Improvements, as approved by the General Manager, PFR, 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.

14.  City Council request the General Manager, Transportation Services to review the feasibility of establishing a construction hub within the vicinity of the site pending additional funds for the Hub program.

15. City Council determine that the amendments made to the proposed zoning bylaw are minor in nature, and, pursuant to subsection 34(17) of the Planning Act, no further public notice is required in respect of the proposed zoning bylaw.

That the item be forwarded to City Council without recommendation.