Item - 2022.TE34.6

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 1423-1437 Bloor Street West and 278 Sterling Road substantially in accordance with the draft Zoning By-law Amendment attached as 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 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 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 require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act (the “Section 37 Agreement”) as follows:

a. The owner shall provide to the City a Letter of Credit, in the City's standard form, in the amount of $1,835,000, to be held by the City until the community agency space, cash contribution and affordable rental dwelling units has been delivered on the 1319 Bloor Street West site to the satisfaction of the Executive Director, Social Development, Finance and Administration, the Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning and the City Solicitor. The City may draw upon the entire Letter of Credit, to be used for community benefit purposes in the vicinity of this area at the discretion of the Chief Planner and Executive Director, City Planning and the City Solicitor, at the expiry of five (5) years after the passage of the bills for 1319 Bloor Street West if the owner of 1319 Bloor Street West has not pulled building permits for residential development and proceeded with redevelopment of 1319 Bloor Street West. The five (5) year timeframe can be extended at the sole discretion of the Chief Planner and Executive Director, City Planning and the City Solicitor; and

b. The Letter of Credit to be provided to the City as stated in Part 4.a above will be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, as reported quarterly by Statistics Canada Table 18-10-0135-01 (formerly CANSIM 327-0058), or its successor, calculated from the date the Zoning By-law for 1423-1437 Bloor Street West and 278 Sterling Road is passed.

5. 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. These matters will be delivered or secured through the Site Plan review process, and prior to Site Plan approval:

a. The owner shall prepare all documents and convey to the City, at nominal cost, a 1.98-metre-wide strip of land to the full extent of the site abutting the north limit of the east-west public laneway, and such strip of land shall be free and clear of all physical and title obstructions, encumbrances, and any temporary hoarding, and subject to an easement for piles and other associated materials from construction of shoring for the development, as well as a right-of-way for access purposes in favour of the owner until such time as the strip of land has been laid out and dedicated for public laneway purposes;

b. The owner shall prepare all documents and convey a Pedestrian Clearway Easement to the City to secure:

i. A minimum 2.1 metre wide pedestrian clearway along Bloor Street West;

ii. A minimum 2.1 metre wide pedestrian clearway along Sterling Road; and

iii. A 5 metre corner rounding at the southeast corner of Bloor Street West and Perth Avenue and at the southwest corner of Bloor Street West and Sterling Road.

Together with rights of support, such lands shall be free and clear of all further 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 pedestrian clearway purposes, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor.

c. The owner shall submit to the Chief Engineer and Executive Director, Engineering and Construction Services, a draft Reference Plan of Survey in metric units and integrated into the Ontario Coordinate System, with coordinate values shown on the face of the plan and delineating thereon, by separate PARTS, the public laneway lands to be conveyed to the City and the Pedestrian Clearway Easement lands along Bloor Street West, Perth Avenue, and Sterling Road, the lands to be subject to rights of support, and the remainder of the site, including any appurtenant right-of-way, for review and approval, prior to depositing it in the Land Registry Office.

d. The owner shall submit financial contributions/payments in the form of a letter of credit or certified cheques and/or provide additional documentation for the implementation of a Transportation Demand Management (TDM) plan. These provisions shall include, but are not limited to:

i. A minimum of two (2) publicly accessible car-share spaces on-site; and

ii. A minimum of one (1) bike repair station/area provided on-site.

e. The owner shall submit a comprehensive Construction Management Plan for each stage of the construction process, to the satisfaction of the General Manager, Transportation Services, the Chief Building Official and Executive Director, Toronto Building and the Ward Councillor. The Construction Management Plan will include, but is not limited to the following construction-related details: 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, parking 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 General Manager, Transportation Services, in consultation with the Ward Councillor;

f. The owner must submit a financial contribution in the amount of $75,000.00 and undertake functional design work, along with the provision of detailed technical and signal drawings for the installation of a traffic control signal and related infrastructure at Perth Avenue and Bloor Street West, as required by the General Manager, Transportation Services;

g. The owner shall submit a revised Functional Servicing and Stormwater Management Report, Hydrogeological Report and supporting documents, including confirmation of water and fire flow and sanitary and storm capacity, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

h. The owner shall address all outstanding engineering issues set out in the memoranda dated April 1, 2022, as well as any other comments that may arise from further review of materials, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services;

i. Should it be determined that improvements or upgrades and/or new infrastructure are required to support the development, the owner shall provide financial securities for any upgrades or required improvements to existing and/or new municipal infrastructure identified in the accepted Engineering Reports and necessary to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

j. The owner shall submit a Noise and Vibration Impact Study for peer review, at the owner's sole expense, to the satisfaction of the Chief Planner and Executive Director, City Planning;

k. The owner shall provide the required soil volumes to support the planting of public and private trees along the site's Bloor Street West, Perth Avenue, and/or Sterling Road frontages, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the Chief Planner and Executive Director, City Planning; and

l. The owner shall provide to the City, for nominal consideration, Privately-Owned Publicly Accessible Open Space (POPS) easements for the on-site POPS, which shall be approximately 221 square metres in size, publicly accessible, and located along the Bloor Street West and Perth Avenue frontages of the development site. The owner shall provide for any necessary rights of support, encumbrances and insurance, and indemnification of the City, to the satisfaction of the Director, Real Estate Services, the Chief Planner and Executive Director, City Planning, and the City Solicitor, in consultation with the Ward Councillor. The owner shall own, operate, maintain, and repair the POPS, and install signage in a location to be determined through the Site Plan review process, all at its own expense and stating that members of the public shall be entitled to the use of the POPS at any time, 365 days a year. The final design and program of the POPS shall be determined through the Site Plan review process and secured in a Site Plan Agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning.

6. City Council approve the Rental Housing Demolition application (21 139673 STE 09 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of seventeen (17) existing rental dwelling units at 1423-1437 Bloor Street West, subject to the following conditions:

a. The owner shall provide and maintain seventeen (17) replacement rental dwelling units for a period of at least 20 years beginning from the date that each replacement rental 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. The seventeen (17) replacement rental dwelling units shall collectively contain a total gross floor area of at least 782 square metres and be comprised of three (3) studio units, eight (8) one-bedroom units, and six (6) two-bedroom units, as generally illustrated in the plans prepared by BDP Quadrangle and dated May 16, 2022, with any revision to these plans being to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. The owner shall provide and maintain at least two (2) studio units, six (6) one-bedroom units, and five (5) two-bedroom units, at affordable rents, as currently defined in the Toronto Official Plan, and the remaining one (1) studio unit, two (2) one-bedroom units, and one (1) two-bedroom unit at mid-range rents, as currently defined in the Toronto Official Plan, for a period of at least ten (10) years beginning from the date of first occupancy of each unit.

c. The location of the seventeen (17) replacement rental units within the proposed development shall be determined prior to the issuance of Notice of Approval Conditions of Site Plan approval, to the satisfaction of the Chief Planner and Executive Director, City Planning;

d. The owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants of the seventeen (17) 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;

e. The owner shall provide tenants of all seventeen (17) 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 conditions as any other resident of the development, without separate entrances or the need to pre-book or pay a fee unless specifically required as a customary practice for private bookings;

f. The owner shall provide ensuite laundry in each replacement rental dwelling unit within the proposed development at no additional cost to the tenants;

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

h. The owner shall provide and make available three (3) vehicle parking spaces to returning tenants of the replacement rental dwelling units who previously leased vehicle parking spaces as part of their residential lease agreements, and at similar monthly parking charges that such tenants previously paid, in the existing building. Should fewer than three (3) returning tenants who previously leased vehicle parking spaces elect to lease a vehicle parking space in the development or should a returning tenant leasing a vehicular parking space in the development vacate their replacement rental unit, the owner may provide and make available no fewer than three (3) vehicular parking spaces to tenants of the replacement rental units, and on the same terms and conditions as any other resident of the development;

i. The owner shall provide tenants of the replacement rental dwelling units with access to all bicycle and visitor vehicular parking at no charge and on the same terms and conditions as any other resident of the development;

j. The owner shall provide tenants of the replacement rental dwelling units with access to any storage lockers in the proposed development on the same terms and conditions as any other resident of the development;

k. The seventeen (17) replacement rental dwelling units required in Recommendation 6.a. above shall be made ready and available for occupancy no later than the date by which seventy percent (70%) of the new dwelling units in the proposed development, exclusive of the replacement rental units, are made available and ready for occupancy, subject to any revisions to the satisfaction of the Chief Planner and Executive Director, City Planning; and

l. The owner shall enter into, and register on title to the lands at 1423-1437 Bloor Street West and 278 Sterling Road, one or more agreement(s) to secure the conditions outlined in recommendations 6a) through 6k) 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.

7. 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 pursuant to Section 111 of the City of Toronto Act, 2006 for the demolition of seventeen (17) rental dwelling units at 1423-1437 Bloor Street West after all the following have occurred:

a. All conditions in Recommendations 6.a. to 6.k. above have been secured through one or more agreement(s) under Recommendation 6.l. above;

b. The 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 permits) 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 agreements pursuant to Section 37 of the Planning Act and Section 111 of the City of Toronto Act, 2006 securing recommendations 6a) through 6k) above and any other requirements of the Zoning By-law Amendments (if applicable).

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 the 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 1423-1437 Bloor Street West and 278 Sterling Road after the Chief Planner and Executive Director, City Planning has given the 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 building no later than three (3) years from the date on which the demolition of the existing rental dwelling units 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 development containing the seventeen (17) replacement rental dwelling units within the time specified in recommendation 9c) 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 Residential Demolition Permit is issued.

10. City Council approve an off-site parkland dedication of 193 square metres, in satisfaction of the owner's required parkland contribution pursuant to Section 42 of the Planning Act, with the location and configuration of the off-site parkland to be to the satisfaction of the General Manager, Parks, Forestry and Recreation. Prior to the issuance of the first above-grade building permit for any development on the lands, the owner shall have either conveyed to the City the off-site parkland dedication or provided to the City a Letter of Credit, in the City's standard form and in an amount satisfactory to the General Manager, Parks, Forestry and Recreation, which will be increased in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, as reported quarterly by Statistics Canada Table 18-10-0135-01 (formerly CANSIM 327-0058), or its successor, two years from the date of issuance of the first above-grade building permit for the proposed development and increased on each succeeding anniversary date by the amount of the Construction Price Index for the previous year, all to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

11. City Council approve the acceptance of the off-site parkland dedication referred to in Recommendation 10 above, subject to the owner transferring such parkland to the City free and clear of all easements, encumbrances, and encroachments, both above- and below-grade and in an acceptable environmental condition. The owner may propose the exception of encumbrances of tiebacks, where such an encumbrance is deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor, and such an encumbrance shall 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.

12. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction of the Above-Base Park Improvements, to the satisfaction of the General Manager, Parks, Forestry and Recreation. The development charge credit shall be of a value 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.

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.

The Zoning By-law Amendment application proposes to permit the redevelopment of the lands at 1423-1437 Bloor Street West and 278 Sterling Road with an 18-storey (65.05 metres, inclusive of a 6.0-metre mechanical penthouse) mixed-use building containing 197 residential units and a total gross floor area (GFA) of 14,634 square metres, including 362 square metres of non-residential GFA located on the ground floor along Bloor Street West and Perth Avenue. The proposal includes a 221 square metre privately-owned publicly accessible open space (POPS) located partially along the Bloor Street West and Perth Avenue frontages and a 193 square metre off-site parkland dedication to be provided at 1319 Bloor Street West.

The Rental Housing Demolition application proposes to demolish the existing house-form buildings, which collectively contain 17 rental dwelling units, and replace all 17 rental units at similar sizes and by their respective bedroom types within the proposed development. The City-approved Tenant Relocation and Assistance Plan would ensure existing tenants reserve the right to return to replacement rental units at similar rents and are provided with financial assistance to help mitigate hardship.

The proposed development is consistent with the Provincial Policy Statement (2020), conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020), conforms to the relevant policies of the Official Plan, and the Council endorsed Planning Framework for the Bloor Street Study: St. Helen's Avenue to Perth Avenue, and incorporates direction from the applicable design guidelines.

This report reviews and recommends approval of the Zoning By-law Amendment and Rental Housing Demolition applications for 1423-1437 Bloor Street West and 278 Sterling Road.