Item - 2022.TE34.13

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

1. City Council amend the Official Plan, for the lands at 1481-1535 Yonge Street, 1-31 Heath Street East, 30-36 Alvin Avenue and 22 St. Clair Avenue East substantially in accordance with the draft Official Plan Amendment attached as Attachment 4 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York.

2. City Council amend Zoning By-law 569-2013 for the lands at 1481-1535 Yonge Street, 1-31 Heath Street East, 30-36 Alvin Avenue and 22 St. Clair Avenue East 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.

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

4. City Council authorize the City Solicitor to submit the necessary Bill(s) to implement City Council's decision provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will be issued until such time as the Section 37 Agreement is executed and registered.

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

a. prior to the first above grade building permit the owner will provide a cash contribution to the City in the amount of $6,847,810:

i. $744,510.00 for the signalization of the intersection of Yonge Street and Heath Street, and/or the following: streetscape improvements; new and/or capital improvements to affordable housing; community facilities; and parks;

ii. $2,671,000.00 for the cost of the realignment of Heath Street West on the West side of Yonge Street and streetscape improvements, and/or the following: streetscape improvements; new and/or capital improvements to affordable housing; community facilities; and parks; and

iii. $3,432,300.00 for new and/or capital improvements to affordable housing and/or community services and facilities;

b. prior to issuance of the first above-grade building permit, the owner shall submit a Letter of Credit equal to 100 percent of the value of the streetscaping improvements; the owner will construct streetscaping improvements, including improvements in connection with the realignment of Heath Street in the public right-of-way on the East side of Yonge Street using high quality materials in areas fronting on Alvin Avenue, Yonge Street and Heath Street East at a cost of $2,102,000.00; and improvements on Heath Street East, in connection with the realignment, will include civil works such as removals, relocation of catch basins, paving and hydro pole relocation at a further value of $1,426,000.00;

c. the owner agrees that it will make a contribution (the “Public Art Contribution”) equal to $1,626,100.00 towards Public Art in accordance with the Public Art program; 

d. prior to Site Plan Approval, the owner shall prepare, at its expense, a Public Art Plan (the “Public Art Plan”) for the provision of Public Art upon the Site or adjacent City-owned lands, and submit the Public Art Plan to the Toronto Public Art Commission for recommendation and to Council for approval;

e. the Public Art Plan, must meet the requirements of the Percent for Public Art Program; the Plan must include the degree of collaboration, the proposed location of the Public Art work within the overall Public Art Plan, the Jury composition, the budget, the distribution of the budget, the proposed timing of each part of the Public Art Plan in relation to the development of the Site and if the call for proposals is to be by invitation, a draft proposal call and a list of the artists to whom the proposal call is intended to be sent; the owner agrees to consider site potential in terms of public use, scale, coherence, visibility, safety, accessibility, narrative endowment and urban design objectives; and the budget shall include the estimated cost of each proposed Public Art work and collaborative Public Art work above the Reasonable Base Costs of such element;

f. the owner shall deepen the affordability level and extend the affordability period for sixteen (16) of the eighteen (18) replacement rental dwelling units with mid-range rents, comprised of at least 1,096 square metres of residential Gross Floor Area, where at least five (5) studio units, five (5) one-bedroom units and six (6) two-bedroom units are provided at affordable rents, as currently defined in the City's Official Plan, for a period of at least 99 years beginning from the date of first occupancy of each unit, all to the satisfaction of the Chief Planner and Executive Director, City Planning:

i. the owner shall provide and maintain the (16) replacement rental dwelling units with affordable rents (the "Affordable Housing Units") at Affordable Rents for the 99 year affordability period; the initial rent (inclusive of utilities) charged to the first tenants of any Affordable Housing Units shall not exceed 100 percent of the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report;

ii. if one of the Affordable Housing Units becomes vacant and is re-rented to a new tenant during the 99 year affordability period, the initial rent (inclusive of utilities) charged to the new tenant shall not exceed 100 percent of the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report;

iii. after the first year of occupancy of any of the Affordable Housing Units and for the duration of the 99 year affordability period, the rent (inclusive of utilities) charged to the first tenants or new tenants occupying such unit may be escalated annually by not more than the annual provincial rent guideline, regardless of whether such guideline is applicable to the units under the Residential Tenancies Act or any successor legislation governing residential tenancies in Ontario, until the tenancy ends;

iv. notwithstanding the annual rent increases permitted in Part 5.f.iii. above, the rent (inclusive of utilities) charged to any first tenants or new tenants occupying an Affordable Housing Unit during the 99 year affordability period shall not be increased to an amount that exceeds 100 percent of the average rent for the same unit type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report; and

v. the City's Centralized Affordable Housing Access System will be used to advertise and select tenants, provided it is in place; in addition, at least six months in advance of the replacement rental dwelling units with affordable rents being made available for rent, the owner shall develop and implement an Access Plan to ensure units are rented to eligible households, in consultation with, and to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat; and

g. the financial contributions set out 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.

6. 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. prior to the later of condominium registration and the first residential use of Tower 1, the construction, provision and maintenance of a continuous pedestrian connection from the Privately Owned Publicly-Accessible Space described in Part 6.j. below, connecting to the south property line with a knock out panel at or below grade, or through other means to facilitate an indoor connection to the existing Toronto Transit Commision subway entrance;

b. the owner will provide a bus shelter at or near the intersection of Yonge Street and Heath Street;

c. prior to Site Plan Approval the owner will plan all future utility connections to be grouped/located away from trees in order to minimize and streamline potential tree planting conflicts, and in coordination with Engineering and Construction Services; maintenance holes, sampling ports and the P1 floorplan (e.g. mechanical room, storage tanks, etc.) may need to be reconfigured; and additionally, if the building will be serviced by Enbridge gas, the location of the gas connection must be identified and should also be located away from trees in order to avoid conflicts with tree roots;

d. 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 pedestrian realm and the outdoor areas of the podiums to mitigate wind impacts year-round, and the owner shall implement and maintain in support of the development the recommended mitigation measures to the satisfaction of the Chief Planner and Executive Director, City Planning;

e. prior to the issuance of Site Plan Approval, a Construction Management Plan and Neighbourhood Communication Strategy must be submitted to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services and the Ward Councillor;

f. pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report, to be resubmitted 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;

g. prior to the earlier of Site Plan Approval or the first building permit for shoring and excavation, the owner shall submit the following materials for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services:

i. Functional Servicing and Stormwater Management Report;

ii. Hydrogeological Report;

iii. Servicing Report Groundwater Summary Form;

iv. Hydrogeological Review Summary Form; and

v. Fire Flow Test;

h. prior to Site Plan Approval, all applicable plans including sections will be required to identify a minimum pedestrian clearway of 3.5 metres along Yonge Street, and a minimum pedestrian clearway of 2.1 metres along Alvin Street and Heath Street;

i. prior to Site Plan Approval for development, or if phased then at each phase, a Transportation Impact Study will be submitted, and all recommendations will be secured as part of the Site Plan Agreement, and be constructed and paid by the owner, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

j. prior to the later of condominium registration or the first residential use of last residential building on the lands, the owner will provide to the City for nominal consideration, Privately Owned Publicly-Accessible Space easements over the new courtyard with a minimum area of 270 square metres, for public access and provisions for rights of support if necessary, encumbrances, and insurance and indemnification of the City by the owner, to the satisfaction of the Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning, and the City Solicitor; the owner shall own, operate, maintain and repair the Privately Owned Publicly-Accessible Space; and the owner shall install and maintain signage in a location to be determined through Site Plan Approval, at its own expense, stating that members of the public shall be entitled to use the Privately Owned Publicly-Accessible Space between the hours of 6:00 a.m. to 11:59 p.m., 365 days a year;

k. prior to: i. the later of condominium registration of Tower 1 and Tower 3; or ii. the later of the first residential use of Tower 1 and Tower 3, the owner will convey to the City for nominal consideration, a minimum 2.5-metre wide easement over the pedestrian connection from Yonge Street to the Privately Owned Publicly-Accessible Space indicated in Part 6.j. above, to provide public access for use by the general public, which easements shall include provisions for rights of support if necessary, encumbrances, and insurance and indemnification of the City by the owner, to the satisfaction of Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning, and the City Solicitor; and the owner shall own, operate, maintain and repair the easement;

l. prior to the later of condominium registration or the first residential use of Tower 2 and Building 1, the owner will convey to the City for nominal consideration, a minimum 2.5-metre wide easement over the pedestrian connection from Alvin Avenue to the Privately Owned Publicly-Accessible Space indicated in Part 6.j. above, to provide public access for use by the general public, which easement shall include provisions for rights of support if necessary, encumbrances, and insurance and indemnification of the City by the owner, to the satisfaction of Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning, and the City Solicitor; and the owner shall own, operate, maintain and repair the easement;

m. the owner shall provide on-site dog off-leash amenities with proper disposal facilities or dog relief stations within each building accessible to all building residents; and

n. once all the buildings are constructed, a minimum of 10 percent of all dwelling units on the lands must have a minimum of three bedrooms.

7. 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 1,560 square metres located in the northwest portion of the development site, with the remaining parkland dedication to be provided as a cash-in-lieu payment prior to the first above grade building permit, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

8. 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, an existing Toronto Transit Commission subway tunnel, and an underground parking garage, where such encumbrances are deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor; and such encumbrances 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.

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

10. City Council direct City staff to continue discussions with the applicant regarding the purchase of the property at the southwest corner of Heath Street and Yonge Street (1566-1568 Yonge Street) to allow for the realignment of the Yonge Street and Heath Street intersection; the details of the purchase, including fair market value of the property, to be determined at a later date, and reported to City Council for approval as necessary.

11. City Council approve the Rental Housing Demolition Application File 19 134877 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 thirty-six (36) existing rental dwelling units located at 7, 25, 27, 29 and 31 Heath Street East, and 36 Alvin Avenue, subject to the following conditions:

a. the owner shall provide and maintain forty (40) replacement rental dwelling units on the subject site for a period of at least 20 years beginning from the date that each replacement rental dwelling 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;

b.  the forty (40) replacement rental dwelling units shall be comprised of eight (8) studio units, ten (10) one-bedroom units, twenty-one (21) two-bedroom units and one (1) three-bedroom unit with a total gross floor area of at least 3,055 square metres, that as part of the Site Plan Control process, the owner shall provide updated floor plans to reflect Parts 11 b.i. to 11.b.vii. below, to the satisfaction of the Chief Planer and Executive Director, City Planning; for further clarity, the specifications for the replacement units shall be as follows:

i. all ten (10) one-bedroom replacement rental dwelling units will have bedrooms with an exterior window;

ii. a minimum of ten (10) two-bedroom replacement rental dwelling units shall have no internal bedrooms and have a minimum size of at least 81.5 square metres (877 square feet), of which at least one (1) unit shall have a balcony or terrace;

iii. a minimum of one (1) two-bedroom replacement rental dwelling unit shall have a no internal bedrooms and be at least 167.2 square metres (1800 square feet), and shall have a balcony or terrace;

iv. a minimum of one (1) three-bedroom replacement rental dwelling units shall have a maximum of one internal bedroom, be at least 176.5 square metres (1,900 square feet), and shall have a balcony or terrace; and

v. a total of at least five (5) Replacement Rental Units shall have a balcony, patio or terrace; and

vi. any revision to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

c. the location and final specifications of the forty (40) replacement rental units within the proposed development shall be determined prior to the issuance of Notice of Approval Conditions of Site Plan approval for the phase the replacement rental units are located in, to the satisfaction of the Chief Planner and Executive Director, City Planning;

d. the owner shall provide and maintain at least three (3) studio units, four (4) one-bedroom units and fourteen (14) two-bedroom replacement rental dwelling units at affordable rents; and five (5) studio units, six (6) one-bedroom units and seven (7) two-bedroom replacement rental dwelling units at mid-range rents, as currently defined in the City's Official Plan, for a period of at least 10 years beginning from the date of first occupancy of each unit; the one remaining three-bedroom replacement rental dwelling unit shall have unrestricted rents;

e. the owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants of the thirty-six (36) 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;

f. the owner shall provide tenants of all forty (40) 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 as any other resident of the development, without the need to pre-book or pay a fee unless specifically required as a customary practice for private bookings;

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

h. the owner shall provide and make available for rent a minimum of six (6) vehicle parking spaces to tenants of the replacement rental dwelling units;

i. the owner shall provide tenants of the forty (40) replacement rental dwelling units with access to all bicycle and visitor parking on the same terms and conditions as any other resident of the development; and

j. the owner shall enter into, and register on title at 7, 25, 27, 29 and 31 Heath Street East, and 36 Alvin Avenue, one or more agreement(s), to secure the conditions outlined in Parts 11.a. through 11.i. 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.

12. 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 for the demolition of the thirty-six (36) existing rental dwelling units located at 7, 25, 27, 29 and 31 Heath Street East, and 36 Alvin Avenue, after all the following have occurred:

a. all conditions in Part 11 above have been fully satisfied and secured;

b. the Official Plan and 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 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 an agreement pursuant to Section 37 of the Planning Act securing Parts 11.a. through 11.j. above.

13. 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 Part 12 above.

14. 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 7, 25, 27, 29 and 31 Heath Street East, and 36 Alvin Avenue, after the Chief Planner and Executive Director, City Planning has given Preliminary Approval referred to in Part 12 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 on site no later than five (5) years 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 building within the time specified in Part 14.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.

15. City Council determine that the amendments made to the proposed Zoning By-law 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 By-law.