Item - 2022.TE34.47

The Toronto and East York Community Council recommends that:

1. City Council amend the Official Plan, for the lands at 506-516 Church Street substantially in accordance with the draft Official Plan Amendment attached as Attachment 6 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 506-516 Church Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District.

3. City Council authorize the City Solicitor to submit the necessary bill(s) to implement the foregoing recommendation(s) 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 and the Heritage Easement Agreement are executed and registered.

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

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

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

i. Prior to the issuance of the first above-grade building permit for the development, the owner shall make a cash contribution of $1,600,000.00 to be allocated towards local streetscape and laneway improvements for Donna Shaw Lane and Alexander Place;

a.ii. The financial contribution pursuant to Recommendation 5.a.i. 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;

iii. In the event the cash contribution referred to in Recommendation 5.a.i. above, has not been used for the intended purpose within three (3) years of the 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 that the purpose is identified in the Toronto Official Plan and will benefit the community in Ward 13;

iv. The Owner commits to offer each commercial unit to the existing tenants (who occupy any commercial space on site as of July 15, 2022) prior to entering into negotiations with any other prospective tenant. The terms of any lease signed by a non-existing tenant who fist occupies space in the building must be substantially similar to the offer provided to the existing tenants. The Owner will offer each commercial unit to all existing tenants on the same day and they shall have 30 days to accept the proposed terms. If more than one existing tenant accepts the same unit then it shall be at the sole discretion of the Owner to select the existing tenant whom it wishes to enter into a lease with. An existing tenant who has defaulted on their lease at any time shall be excluded from this provision. For additional clarity, these provisions only apply to the initial non-residential occupancy; and

v.  At the end of the offer period for the existing tenants described above the owner shall notify the local Ward Councillor about vacancies for the commercial units, if any. The local Ward Councillor, or a group established by the Councillor comprised of members of the local community, organizations and agencies, shall have 30 days from receiving notice of any vacancies from the Owner to seek interest from perspective commercial tenants to lease the vacant commercial units in the building. The Owner shall consider any prospective tenants put forward within this 30-day period, before entering into a lease for any of the vacant commercial units with any other prospective tenants, with the final determination of any tenants to occupy space in the building to be at the sole discretion of the Owner.

The Toronto and East York Community Council held a statutory public meeting on June 30, 2022 and notice was given in accordance with the Planning Act.

This report reviews and recommends approval of the application to amend the Official Plan and Zoning By-law to permit a 14-storey mixed-use building at 506-516 Church Street. The building is proposed to contain 165 dwelling units and 798 square metres of retail space. Two levels of underground parking are proposed with 23 vehicle parking spaces for residents, 9 vehicle parking spaces for visitors, and a total of 176 bicycle parking spaces. A portion of the existing building at 508-510 Church Street will be retained and integrated into the new building.