Item - 2022.TE34.18
Tracking Status
- City Council adopted this item on July 19, 20, 21 and 22, 2022 with amendments.
- This item was considered by the Toronto and East York Community Council on June 29 and 30, 2022 and adopted without amendment. It will be considered by City Council on July 19, 20, 21 and 22, 2022.
- See also By-law 817-2022
TE34.18 - 390 to 440 Dufferin St and 41 Alma Avenue - City-Initiated Zoning Amendment - Final Report
- Decision Type:
- ACTION
- Status:
- Amended
- Ward:
- 9 - Davenport
City Council Decision
City Council on July 19, 20, 21 and 22, 2022, adopted the following:
1. City Council amend former City of Toronto Zoning By-law 438-86, as amended by Zoning By-law 367-2019(OMB) for the lands at 390 to 440 Dufferin Street and 41 Alma Avenue substantially in accordance with the draft Zoning By-law Amendment forming Attachment 6 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District, with Attachment 6 amended by deleting Section 2 of Appendix 1 to the draft Zoning By-law Amendment and replacing it with the following new Section 2:
2. the owner shall, at the sole discretion of the Chief Planner and Executive Director, City Planning, in consultation with the local Councillor, the City Solicitor and the Executive Director, Corporate Real Estate Management, either:
a. prior to Site Plan Approval, provide to the City a cash payment in the amount of $2,416,451.00 of which:
i. $500,000.00 is to be allocated towards the Cultural Space at 32 Lisgar Street, provided that in the event the $500,000 is not used for the purpose of the Cultural Space at 32 Lisgar Street within 3 years of this Zoning By-law Amendment coming into full force and effect, the $500,000 may be allocated in the same fashion and for the same purposes as the funds in Section 2.a.ii. below; and
ii. $1,916,451.00 is to be allocated towards services or facilities that will benefit the community in the vicinity of the lands, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; or
b. enter into a 25 year lease with the City for approximately 1,350 square metres of workspace, being all of the leasable workspace on the ground and second storeys of the building on Block B, to be used by the City to establish a small business incubation centre in the building.
2. 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.
3. City Council require the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act to further amend the existing Section 37 Agreement to provide for the City to be able to exercise an option to accept a cash payment of $2,416,451.00 for local community benefits in the vicinity of the subject site.
4. City Council increase the 2022 Approved Capital Budget for Corporate Real Estate Management by $0.500 million gross, $0 net, for the purpose of the Cultural Space at 32 Lisgar Street, fully funded by Section 37 (Planning Act Reserve Funds) community benefits from the development at 390 to 440 Dufferin Street and 41 Alma Avenue, and create a new capital project account within Corporate Real Estate Management's 2022 Approved Capital Budget to direct the funds, subject to:
a. the Chief Planner and Executive Director, City Planning exercising the option in Section 2.a. of Appendix 1 to the Zoning By-law Amendment to accept the cash payment;
b. the cash payment of $2,416,415.00 having been received by the City; and
c. the Zoning By-law Amendment coming into full force and effect.
5. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.
6. City Council authorize the City's acquisition of the parcel of land described in Attachment 2, (the “WTRP Requirement”) to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District, from 390 Dufferin GP Inc. in its capacity as general partner of 390 Dufferin Residences LP (the “Owner”), in exchange for the notional market value of the stratified parcels described in Attachment 2 (the “Balcony Encroachments”) to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District, to be retained by the Owner, all substantially on the terms and conditions set out in Attachment 2 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District, and including such other terms as deemed appropriate by the Executive Director, Corporate Real Estate Management or their designate, and in a form satisfactory to the City Solicitor.
7. City Council authorize the City to enter into a licence agreement with the Owner for the temporary use of the Future Road until dedicated a public highway, substantially on the terms set out in Attachment 4 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District and including such other terms as deemed appropriate by the Executive Director, Corporate Real Estate Management or their designate, and in a form satisfactory to the City Solicitor.
8. City Council determine, pursuant to Section 34(17) of the Planning Act, that no further public notice is to be given with respect to the changes to the proposed Zoning By-law Amendment.
Public Notice Given
Statutory - Planning Act, RSO 1990
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2022/te/bgrd/backgroundfile-227473.pdf
(June 8, 2022) Notice of Public Meeting
https://www.toronto.ca/legdocs/mmis/2022/te/bgrd/backgroundfile-227474.pdf
Communications (Community Council)
https://www.toronto.ca/legdocs/mmis/2022/te/comm/communicationfile-153754.pdf
(June 29, 2022) E-mail from Michelle Gay (TE.New)
(June 29, 2022) Submission from Matthew Schuman, McCarthy Tétrault LLP (TE.New)
Motions (City Council)
That:
1. City Council amend Toronto and East York Community Council Recommendation 1 by deleting Section 2 of Appendix 1 to the draft Zoning By-law Amendment in Attachment 6 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District and replacing it with the following new Section 2:
2. the owner shall, at the sole discretion of the Chief Planner and Executive Director, City Planning, in consultation with the local Councillor, the City Solicitor and the Executive Director, Corporate Real Estate Management, either:
a. prior to Site Plan Approval, provide to the City a cash payment in the amount of $2,416,451.00 of which:
(i) $500,000.00 is to be allocated towards the Cultural Space at 32 Lisgar Street, provided that in the event the $500,000 is not used for the purpose of the Cultural Space at 32 Lisgar Street within 3 years of this Zoning By-law Amendment coming into full force and effect, the $500,000 may be allocated in the same fashion and for the same purposes as the funds in Section 2.a.(ii) below; and
(ii) $1,916,451.00 is to be allocated towards services or facilities that will benefit the community in the vicinity of the lands, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; or
b. enter into a 25 year lease with the City for approximately 1,350 square metres of workspace, being all of the leasable workspace on the ground and second storeys of the building on Block B, to be used by the City to establish a small business incubation centre in the building.
2. City Council determine, pursuant to Section 34(17) of the Planning Act, that no further public notice is to be given with respect to the changes to the proposed Zoning By-law Amendment.
3. City Council increase the 2022 Approved Operating Budget for Corporate Real Estate Management by $0.500 million gross, $0 net, for the purpose of the Cultural Space at 32 Lisgar Street, fully funded by Section 37 (Planning Act Reserve Funds) community benefits from the development at 390 to 440 Dufferin Street and 410 41 Alma Avenue, subject to:
a. the Chief Planner and Executive Director, City Planning exercising the option in Section 2.a. of Appendix 1 to the Zoning By-law Amendment to accept the cash payment;
b. the cash payment of $2,416,415.00 having been received by the City; and
c. the Zoning By-law Amendment coming into full force and effect.
That in accordance with the provisions of Chapter 27, Council Procedures, City Council reconsider Item TE34.18 to permit Councillor Bailao to place a revised motion.
REVISED MOTION
That:
1. City Council amend Toronto and East York Community Council Recommendation 1 by deleting Section 2 of Appendix 1 to the draft Zoning By-law Amendment in Attachment 6 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District and replacing it with the following new Section 2:
2. the owner shall, at the sole discretion of the Chief Planner and Executive Director, City Planning, in consultation with the local Councillor, the City Solicitor and the Executive Director, Corporate Real Estate Management, either:
a. prior to Site Plan Approval, provide to the City a cash payment in the amount of $2,416,451.00 of which:
i. $500,000.00 is to be allocated towards the Cultural Space at 32 Lisgar Street, provided that in the event the $500,000 is not used for the purpose of the Cultural Space at 32 Lisgar Street within 3 years of this Zoning By-law Amendment coming into full force and effect, the $500,000 may be allocated in the same fashion and for the same purposes as the funds in Section 2.a.(ii) below; and
ii. $1,916,451.00 is to be allocated towards services or facilities that will benefit the community in the vicinity of the lands, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; or
b. enter into a 25 year lease with the City for approximately 1,350 square metres of workspace, being all of the leasable workspace on the ground and second storeys of the building on Block B, to be used by the City to establish a small business incubation centre in the building.
2. City Council determine, pursuant to Section 34(17) of the Planning Act, that no further public notice is to be given with respect to the changes to the proposed Zoning By-law Amendment.
3. City Council increase the 2022 Approved Operating Capital Budget for Corporate Real Estate Management by $0.500 million gross, $0 net, for the purpose of the Cultural Space at 32 Lisgar Street, fully funded by Section 37 (Planning Act Reserve Funds) community benefits from the development at 390 to 440 Dufferin Street and 41 Alma Avenue, and create a new capital project account within Corporate Real Estate Management's 2022 Approved Capital Budget to direct the funds, subject to:
a. the Chief Planner and Executive Director, City Planning exercising the option in Section 2.a. of Appendix 1 to the Zoning By-law Amendment to accept the cash payment;
b. the cash payment of $2,416,415.00 having been received by the City; and
c. the Zoning By-law Amendment coming into full force and effect.
TE34.18 - 390 to 440 Dufferin St and 41 Alma Avenue - City-Initiated Zoning Amendment - Final Report
- Decision Type:
- ACTION
- Status:
- Adopted
- Ward:
- 9 - Davenport
Public Notice Given
Statutory - Planning Act, RSO 1990
Community Council Recommendations
The Toronto and East York Community Council recommends that:
1. City Council amend former City of Toronto Zoning By-law 438-86, as amended by Zoning By-law 367-2019(OMB) for the lands at 390 to 440 Dufferin Street and 41 Alma Avenue substantially in accordance with the draft Zoning By-law Amendment forming Attachment 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(s) to implement the foregoing recommendation 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.
3. City Council require the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act to further amend the existing Section 37 Agreement to provide for the City to be able to exercise an option to accept a cash payment of $2,416,451.00 for local community benefits in the vicinity of the subject site.
4. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.
5. City Council authorize the City's acquisition of the parcel of land described in Attachment 2, (the “WTRP Requirement”) to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District, from 390 Dufferin GP Inc. in its capacity as general partner of 390 Dufferin Residences LP (the “Owner”), in exchange for the notional market value of the stratified parcels described in Attachment 2 (the “Balcony Encroachments”) to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District, to be retained by the Owner, all substantially on the terms and conditions set out in Attachment 2 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District, and including such other terms as deemed appropriate by the Executive Director, Corporate Real Estate Management or their designate, and in a form satisfactory to the City Solicitor.
6. City Council authorize the City to enter into a licence agreement with the Owner for the temporary use of the Future Road until dedicated a public highway, substantially on the terms set out in Attachment 4 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District and including such other terms as deemed appropriate by the Executive Director, Corporate Real Estate Management or their designate, and in a form satisfactory to the City Solicitor.
Decision Advice and Other Information
The Toronto and East York Community Council held a statutory public meeting on June 29, 2022 and notice was given in accordance with the Planning Act.
Origin
Summary
This report recommends approval of the City-initiated application to amend the Section 37 Provisions set out in site-specific Zoning By-law 367-2019(OMB) for the property at 390 to 440 Dufferin Street and 41 Alma Avenue. The proposal would revise the terms of the previously secured obligation for the City and owner to enter into a lease for a small business incubation centre, to allow the City to elect not to enter into the lease and the owner to provide a cash payment towards local community benefits instead.
This report further recommends that staff be authorized to acquire part of the subject lands from the 390 Dufferin GP Inc. in its capacity as general partner of 390 Dufferin Residences LP for the extension of the West Toronto Railpath in a fair market value exchange for balcony encroachments above a future public street, and recommends that a reduced annual licence fee be authorized for the owner's temporary use and maintenance of the future public street required to be conveyed by the owner to the City in advance of its dedication.
Background Information
https://www.toronto.ca/legdocs/mmis/2022/te/bgrd/backgroundfile-227473.pdf
(June 8, 2022) Notice of Public Meeting
https://www.toronto.ca/legdocs/mmis/2022/te/bgrd/backgroundfile-227474.pdf
Communications
https://www.toronto.ca/legdocs/mmis/2022/te/comm/communicationfile-153754.pdf
(June 29, 2022) E-mail from Michelle Gay (TE.New)
(June 29, 2022) Submission from Matthew Schuman, McCarthy Tétrault LLP (TE.New)
Speakers
Motions
Vote (Adopt Item) Jun-29-2022
| Result: Carried | Majority Required |
|---|---|
| Total members that voted Yes: 8 | Members that voted Yes are Ana Bailão, Brad Bradford, Robin Buxton Potts, Paula Fletcher, Mike Layton, Josh Matlow, Joe Mihevc, Gord Perks (Chair) |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 0 | Members that were absent are |