Item - 2022.TE34.26

The Toronto and East York Community Council recommends that:

1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 241 Church Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (June 14, 2022) from the Director, Community Planning, Toronto and East York District.

2. City Council classify the lands at 241 Church Street as a Class 4 Area designation pursuant to the Ministry of Environment (now Ministry of Environment, Conservation and Parks) Environmental Noise Guideline - Stationary and Transportation Sources - Approval and Planning Publication NPC-300, August 2013 and direct the Chief Planner and Executive Director, City Planning or their designate to forward a copy of the City Council Decision Document to the Ministry of Environment Conservation and Parks (MECP).

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 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 be issued until such time as the Section 37 Agreement are executed and registered

5. City Council direct that the owner be required to enter into an Agreement pursuant to Section 37 of the Planning Act to secure the following community benefits at the owner's expense, as follows:

a. a cash contribution of six million five hundred thousand dollars ($ 6.5 million) dollars to be allocated toward:

i. $3,250,000.00 to local area streetscape and park improvements; and

ii. $3,250,000.00 to capital improvements for new or existing affordable housing, cultural, community and/or recreation space; 

b. the financial contributions pursuant to Recommendation 5.a.i. and ii. 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; 

c. in the event the cash contribution referred to in Recommendations 5.a. above has 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 the Official Plan and will benefit the community in the vicinity of the lands.

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. the owner shall enter into a Limiting Distance Agreement along with the owners of 245 Church Street and the City, to be registered on title to the 245 Church Street property, that would prevent the erection of a building above existing height permissions within 7 metres of the shared lot line, to the satisfaction of the Chief Planner, and Executive Director, City Planning and the City Solicitor;

b. that the owner pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report, 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;

c. prior to final Site Plan Approval for any part of the site, the owner shall submit a construction management plan for the development with the general matters included in the Section 37 Agreement, including but not limited to, noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, coordination with adjacent on-going development construction, parking and laneway uses and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, and any other matters requested by the Chief Planner and Executive Director, City Planning, and the General Manager, Transportation Services, in consultation with the Ward Councillor; and

d. the owner will construct and maintain the development of the site in accordance with Tier 1, Toronto Green Standard, and the owner will be encouraged to achieve Tier 2 Toronto Green Standard, or higher consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the site.

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.

This application proposes to amend the Zoning By-laws to permit a 53-storey mixed use development including ground floor commercial uses and 592 dwelling units with a total gross floor area of 35,668 square metres at 241 Church Street. The proposed building would have a height of 163.2 metres, 170.65 metres including the mechanical penthouse.

The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with the A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) and conforms to the City's Official Plan.

The proposal is in keeping with the intent of the Toronto Official Plan, particularly as it relates to intensification in the Downtown, which is a designated growth area. The proposal conforms to the Downtown Plan and generally conforms with the Tall Building guidelines. Staff worked with the applicant and the community to address and resolve various massing issues including appropriate tower and podium heights and setbacks. The provision of a range of dwelling unit types will help address housing issues. This report reviews and recommends that Council approve the Zoning By-law amendment application.