Item - 2023.EY6.23

The Etobicoke York Community Council recommends that:

1. City Council allow the owner of the lands municipally known as 315-327 Royal York Road and 27-39 Newcastle Street (the "Site") to provide as an in-kind contribution pursuant to subsection 37(6) of the Planning Act being:

a. the design and construction of a pedestrian and cyclist bridge over Royal York Road or a functionally equivalent safe and accessible crossing for pedestrians and cyclists as set out in Section B, item 1 of the owner's letter attached as Attachment 7 to this report, which shall be determined by the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Transportation Services, in its sole and absolute discretion based on a feasibility analysis undertaken by the owner, at its cost and expense, on terms and to the satisfaction of the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning; and

b. public art with a value of $800,000 for each of Block 1 and Block 2 of the development on the Site, totalling $1,600,000 indexed upwardly from the date of City Council allowing the in-kind contribution in accordance with the commercial Construction Price Index to the date of commissioning the Public Art for each phase and in accordance with Section B, Item 2 of the owner's letter attached as Attachment 7 to the report (June 5, 2023) from the Director, Transportation Planning and the Director, Community Planning, Etobicoke York District.

2. City Council attribute a value to the in-kind contribution set out in Recommendation 1 above equal to 100 percent of four percent of the value of the land for the development permissions granted in the Minster's Zoning Order on the Site (net of any exclusions or exemptions authorized under the Community Benefits Charge By-law), as determined the day before the day the building permit is issued in respect of the development and direct staff to advise the owner of such valuation.

3. City Council authorize the Chief Planner and Executive Director, City Planning to enter into an agreement pursuant to subsection 37(7.1) of the Planning Act (the "In-kind Contribution Agreement") to address the provision of the in-kind contribution identified in Recommendation 1 above to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, with such agreement to be registered on title to the lands prior to the first building permit being issued on the Site, which agreement shall be evidence of arrangements for the provision of the in-kind contribution that are satisfactory to City Council.

4. City Council recommend to the Chief Planner and Executive Director, City Planning that the following matters, among others, be secured at the time and through the Site Plan Approval process for the proposed development, pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City; as follows:

a. the owner's agreement to construct a multi-use “greenway”, generally with a minimum width of 4.0 metres, immediately adjacent to and along the rail corridor, generally in the location shown on the architectural plans, dated April 25, 2023, and prepared by SvN, its detailed design to be determined and delivery secured through the site plan control process for each phase of development in accordance with the following:

1. Prior to the earlier of the first residential occupancy and the registration of a condominium for each Phase, the owner will construct the portion of the above-referenced greenway on such Phase and convey a stratified fee simple interest of the Greenway to the City, with the owner maintaining ownership of the lands below grade to facilitate the construction of an underground parking garage beneath the Greenway, all to the satisfaction of the Chief Planner, and Executive Director City Planning, and the General Manager, Transportation Services;

b. the construction and maintenance of a privately owned publicly accessible open space (POPS) generally located within the portion of the Block 2 lands on the Site with an approximate area of 450 square metres by the owner, subject to the following terms:

1. The POPS will be fully accessible to the public, not gated from street, available 24/7 throughout the year (save and except for repairs or emergencies) and appropriately lit for safety after dark;

2. The detailed design of the POPS, including amenities such as seating and landscaping, will be determined through the site plan control process for Block 2; and

3. the owner shall construct the POPS and grant an easement in perpetuity over the POPS area in favour of the City for nominal consideration prior to the earlier of the first residential occupancy of Phase 3 or registration of a condominium on Phase 3; and

c.  the owner's agreement that it shall provide public realm and streetscape improvements for the development being Block 1 and Block 2, with such details to be determined and secured through the site plan control process for each Block and the construction of such public realm and streetscape improvements to be completed on a phase-by-phase basis at the sole cost of the owner to the satisfaction of the Chief Planner and Executive Director, City Planning.

5. City Council acknowledge that the securing of the matters identified in Recommendation 4 above shall serve as evidence of Vandyk's obligation to provide the identified matters contained in the Undertaking, namely a multi-use 'greenway' extension along the railway, privately owned and publicly accessible spaces, and public realm and streetscape improvements (see Attachment 6 to the report (June 5, 2023) from the Director, Transportation Planning and the Director, Community Planning, Etobicoke York District.

6. City Council acknowledge that in fulfillment of the Undertaking, Vandyk will deliver affordable housing utilizing the Canadian Mortgage and Housing Corporation (CMHC) MLI Select financial product and that confirmation of eligibility and participation in the program shall evidence Vandyk's obligation to provide the five percent affordable housing contained in the Undertaking.

7. Should the pedestrian and cyclist bridge be supported by the feasibility analysis, as referenced in Recommendation 1.a above, and determined to be the preferred option, City Council direct staff to initiate a zoning bylaw amendment to amend the zoning by-law approved by the Ontario Land Tribunal for the lands municipally known as 23 Buckingham Street (case no. PL171173) and amend the registered Section 37 Agreement for 23 Buckingham Street, to substitute the cash contribution of $1,000,000 for community benefits in the Mimico-Judson Secondary Plan area, including the construction of a pedestrian and cyclist bridge over Royal York Road, for an in-kind contribution of the same value towards the delivery of the bridge.

8. City Council classify the lands municipally known as 315-327 Royal York Road and 27-39 Newcastle Street as a Class 4 Noise Area pursuant to Publication NPC-300 (Ministry of Environment and Climate Change Environmental Noise Guideline - Stationary and Transportation Sources - Approval and Planning).

This report provides a recommended approach to secure community benefits associated with a proposed Transit Oriented Community (TOC) development at 315-327 Royal York Road and 27-39 Newcastle Street (the subject site), which will include integrated entrances and amenities for Mimico GO station in accordance with Metrolinx requirements.

The zoning for the proposed TOC development was approved through a Minister's Zoning Order (MZO) made on April 8, 2022. Prior to issuance of the MZO, the owner, Vandyk Properties legally recognized as 2402871 Ontario Inc. and 2495065 Ontario Inc. ("Vandyk"), submitted an undertaking to Metrolinx to provide six community benefits, as detailed in this report, as part of the proposed TOC if the Minister of Municipal Affairs and Housing issued the MZO by April 8, 2022 (the "Undertaking"). The Undertaking is attached as Attachment 6 to this report.

The City has received a letter from Vandyk outlining the community benefits and infrastructure proposed, how they will be secured and phasing and timeframe for their delivery. The letter includes an offer to provide public art and a proposed pedestrian and cyclist bridge over Royal York Road or a functionally equivalent safe and accessible crossing for pedestrians and cyclists as in-kind contributions pursuant to subsection 37(6) of the Planning Act. The offer proposes a plan for delivering affordable housing in the TOC, and the process to secure additional elements identified in the Undertaking. The letter also requests that City Council classify the subject site as a Class 4 designation pursuant to Ministry of Environment, Conservation and Parks (MECP) Environmental Noise Guidelines (NPC-300). The letter is attached as Attachment 7 to this Report. The specific terms and timing for Vandyk to provide the benefits, are summarized in this report.