Item - 2022.TE34.12

That City Council adopt the recommendations in the report (June 27, 2022) from the Director, Community Planning, Toronto and East York District, amended to read as follows:

1. City Council amend City of Toronto Zoning By-law 569-2013 and former City of York Zoning By-law 1-83 for the lands at 91-101 Raglan Avenue substantially in accordance with the draft Zoning By-law Amendments attached as Attachment 5 and 6 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 bill 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 authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment 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:

a. prior to the issuance of the first above grade building permit for 91-101 Raglan Avenue, the owner shall convey the lands known municipally as 85 and 87 Raglan Avenue to the City for municipal purposes, in an acceptable environmental condition and free and clear of all encumbrances except for an easement encumbrance shared between 87 Raglan Avenue and 89 Raglan Avenue, with the following requirements:

i. the owner shall submit a Rental Housing Demolition Application for the lands at 85 and 87 Raglan Avenue, in accordance with Chapter 363-6.3. D of the Toronto Municipal Code and pursuant to Section 111 of the City of Toronto Act, 2006; and

ii. the owner shall provide a title opinion for the lands known municipally as 85 and 87 Raglan Avenue, to the satisfaction of the City Solicitor;

b. prior to the issuance of the first above grade building permit for the lands, the owner shall pay to the City a cash contribution of $400,000.00 to be allocated as follows:

i. $250,000.00 in the form of a Letter of Credit, to be submitted, in the City's standard form, for public art, located off-site, to the satisfaction of the Chief Planner and Executive Director, City Planning; the owner shall submit a Public Art Plan that is in accordance with the City's Percent for Public Art Program to the satisfaction of the Chief Planner and Executive Director, City Planning, and the Ward Councillor, and that the proposed Public Art Plan is presented to representatives from the community for their review and comment, in a process led by the Ward Councillor; and the terms of the Percent for Public Art Program shall be set out in the Section 37 Agreement; and

ii. a $150,000.00 payment in the form of a certified cheque 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, to the satisfaction of the Chief Planner and Executive Director, City Planning;

c. the financial contribution pursuant to Recommendation 5.A.b. above 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;

d. in the event the cash contributions referred to in Recommendation 5A.b. above have 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 Official Plan Policy 5.1.1 and will benefit the community in the vicinity of the lands;

e. the owner shall prepare all documents and convey to the City, at nominal cost, a 0.98-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;

f. 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 4.0 metres wide and 5.5 metres in vertical height, with a minimum area of 156 square metres, comprised of a driveway, connecting Raglan Avenue and the north-south public lane to the west of the lands, as a surface easement for pedestrians and vehicles. The easement is to be conveyed to the City prior to the site plan approval, pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City, and with the configuration and design to be determined to the satisfaction of the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor;

g. prior to the issuance of site plan approval 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 minimum area of 44.0 square metres at the front of the proposed building on Raglan Avenue, as a Privately-Owned Publicly-Accessible Space (POPS) and shall provide to the City for nominal consideration POPS easements subject to public access easements for use of the POPS by members of the general public. 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 and design of the POPS shall be determined in the context of a site plan approval application pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City;

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

i. the provision of a commercial retail unit that is a minimum of 17.7 square metres and located on the ground floor of the proposed building at 91-101 Raglan Avenue, adjacent to the residentional lobby, fronting onto Raglan Avenue;

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

iii. 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;

iv. prior to site plan approval, 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 in consultation with the General Manager of Transportation Services and the Ward Councillor;

v. prior to site plan approval, the owner has registered on title a Limiting Distance Agreement with the City, to the satisfaction to the City Solicitor, over a portion of 105 Raglan Avenue, that ensures that the tower portion of the proposed residential building at 91-101 Raglan Avenue can achieve 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;

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 by-law amendment(s) to the date of payment:

A. the provision of a minimum of two (s) car-share parking space;

B. written confirmation from a car-share operator for the proposed two (2) publicly-accessible car-share spaces provided on-site;

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

D. a minimum of one (1) bike repair stations provided on site;

vii. the owner shall shift the lateral Toronto Water connection from north of the proposed driveway to be located directly under the proposed driveway at the south of the site in order to avoid conflict with proposed public trees, to the satisfaction of the Supervisor, Tree Protection and Plan Review -TEY District, as part of the Site Plan approval process; and

viii. the owner shall pay for and construct any improvements to the municipal infrastructure in connection with the accepted Functional Servicing Report, to be submitted for review and acceptance by 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.

6. City Council approve the Rental Housing Demolition Application File 21 199875 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 three (3) existing rental dwelling units located at 91-101 Raglan Avenue.

7. City Council authorize the Chief Planner and Executive Director, City Planning to issue the Preliminary Approval for 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 three (3) existing rental dwelling units located at 91-101 Raglan Avenue after all of the following have occurred:

a. the Zoning By-law Amendment has come into full force and effect;

b. the issuance of the Notice of Approval Conditions for site plan approval by the Chief Planner and Executive Director, City Planning, or designate, pursuant to Section 114 of the City of Toronto Act, 2006, or as otherwise authorized by the Chief Planner and Executive Director, City Planning; and

c. the issuance of excavation and shoring permits (conditional or full permit) for the approved development on the lands.

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 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 91-101 Raglan Avenue after the Chief Planner and Executive Director, City Planning has given Preliminary Approval referred to in Recommendation 7 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 mixed use building on the site no later than five (5) years from the from the date that the demolition of such building 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 mixed use building within the time specified in Recommendation 9, 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.

10.  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.

11. 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.