Item - 2023.TE6.5

The Toronto and East York Community Council recommends that:

1. City Council amend Zoning By-law 438-86, as amended, and By-laws 566-2000, 684-2003, 600-2005, 853-2005, 1079-2010 and 1171-2019 for the lands at 61-85 Hanna Avenue and 120 Lynn Williams Street, being portions of the lands known as the Inglis Lands, substantially in accordance with the draft Zoning By-law Amendment included as Attachment 5 to the report (June 6, 2023) from the Acting Director, Community Planning, Toronto and East York District.

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

3. City Council allow the Owner of 61, 75 and 85 Hanna Avenue and 120 Lynn Williams Street (the "Site") to construct and provide twenty nine (29) affordable rental housing units (the "affordable rental units") as part of the development, to the satisfaction of the Chief Planner and Executive Director, City Planning, as an in-kind contribution pursuant to subsection 37(6) of the Planning Act, in accordance with the following terms:

a. the provision of the affordable rental units shall be provided in accordance with the terms and conditions set out in Recommendation 3 and on such other terms and conditions as are deemed appropriate by the Chief Planner and Executive Director, City Planning, and the City Solicitor;

b. the Owner shall design, construct, finish, provide and maintain at least twenty nine (29) affordable rental units on the Site, including seventeen (17) one-bedroom units, nine (9) two-bedroom units and three (3) three-bedroom units as follows:

i. the affordable rental units shall be provided in contiguous groups of at least six (6) rental dwelling units;

ii. the average unit size of the affordable rental units will be no less than the average unit size of all the market units, by unit type, in each phase of the proposed development;

iii. the minimum unit size of the affordable rental units will be no less than the minimum unit sizes of all market units, by unit type, in each phase of the proposed development; and

iv. the general configuration, location, and layout of the affordable rental units shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;      

c. the Owner shall provide and maintain the affordable rental units as rental dwelling units with affordable rents for a minimum of 25 years, beginning with the date each such unit is first occupied; no affordable unit shall be registered as a condominium or any other form of ownership, such as life lease or co-ownership, which provide a right to exclusive possession of a dwelling unit, and no application for conversion for non-rental housing purposes, or application to demolish any affordable rental unit shall be made for at least 25 years from the date of first occupancy; upon the expiration of the 25 year period, the owner shall continue to provide and maintain the affordable rental units as rental dwelling units, unless and until such time as the owner has applied for and obtained all approvals necessary to do otherwise;

d. the initial rent (inclusive of utilities) charged to first tenants and upon turnover shall not exceed eighty percent of the average City of Toronto rent by unit type, as reported annually by the Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report for a minimum of 25 years, beginning with the date each such unit is first occupied; during the first 25 years of occupancy, increases to initial rents charged to tenants occupying any of the affordable rental units shall be in accordance with the Residential Tenancies Act and shall not exceed the Provincial rent guideline;

e. the City's Centralized Affordable Housing Access System will be used to advertise and select tenants, provided it is in place, unless otherwise agreed to by the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat; and at least six (6) months in advance of any affordable rental unit being made available for rent, the owner shall develop and implement an Access Plan which will outline how units will be rented to eligible households in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat;

f. at least seventeen (17) of the affordable rental units shall be made ready and available for occupancy no later than the date by which seventy percent of the new dwelling units erected on the site as part of Phase 1 of the development are available and ready for occupancy; the remaining twelve (12) affordable rental units shall be made ready and available for occupancy no later than the date by which seventy percent of the new dwelling units erected on the site as part of Phase 2 of the development are available and ready for occupancy;

g. the Owner shall provide ensuite laundry in each affordable rental unit at no additional cost to tenants;

h. the Owner shall provide central air conditioning in each affordable rental unit;

i. the Owner shall provide all tenants of the affordable rental units with access to, and use of, all indoor and outdoor amenities in the development, on the same terms and conditions as any other resident of the development without the need to pre-book or pay a fee unless specifically required as a customary practice for private bookings;

j. the Owner shall provide and make available for rent to the residents of the affordable rental units vehicle parking spaces on the same terms and conditions as any other resident of the development; and

k. the owner shall provide residents of the affordable rental units with access to bicycle and visitor vehicle parking on the same terms and conditions as any other resident of the development. 

4. City Council attribute a value to the in-kind contribution set out in Recommendation 3 above equal to 100 percent of 4 percent of the value of the land (net of any exclusions or exemptions authorized under the Community Benefits Charge By-law), as determined the day before the building permit is issued in respect of the mixed-use development with 71,254 square metres proposed residential gross floor area and direct staff to advise the owner of such valuation.

5. 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 3 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 61, 75 and 85 Hanna Avenue and 120 Lynn Williams Street lands, which agreement shall be evidence of arrangements for the provision of the in-kind contribution that are satisfactory to City Council.

6. City Council approve that in accordance with Section 42 of the Planning Act, the owner shall convey to the City, an on-site parkland dedication, having a minimum size of 912 square metres, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

7. City Council approve the acceptance of the on-site parkland dedication, subject to the owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances and encroachments, 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 will 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.

8. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount 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.

9. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to:

a. have received Draft Plan Approval for the Plan of Subdivision, securing conditions, providing for, amongst other things as appropriate: the extension of Snooker Street through the existing private road network within the site; on-site parkland dedication; shared-access agreements with municipal services and infrastructure; off-site improvements as deemed appropriate, all at the owner’s expense, and including provisions for required registration of necessary agreements, conveyances and financial securities, all to the satisfaction of the City Solicitor;

b. enter into an agreement with the City and the abutting property at 100 Hanna Avenue on title which may take the form of a Limiting Distance Agreement and will be on terms satisfactory to the City Solicitor; the agreement will ensure future separation distances between the proposed development located at 120 Lynn Williams Street and the abutting lands to the north at 100 Hanna Avenue are not further affected and shall have the effect of precluding the construction or extension of any building within certain portions of land within 100 Hanna Avenue; and this agreement shall be to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

c. address all outstanding comments related to Rail Safety Mitigation and submit a revised Rail Safety Report for review and acceptance to the satisfaction of the Director, Community Planning, Toronto and East York District;

d. address all outstanding comments in Section A of the memo from Engineering and Construction Services, dated May 3, 2023, in relation to servicing matters, and any subsequent memo prepared in response to applicant resubmission(s), to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

e. enter into an agreement, to financially secure the construction of any improvements to the municipal infrastructure, should it be determined that upgrades and road improvements are required to support the development according to the Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and Urban Transportation Consideration report accepted by the General Manager, Transportation Services;

f. entered into a Shared Access Agreement on title, and any other necessary agreements securing appropriate reciprocal easements and any necessary conditions to allow for shared pedestrian, cyclist and vehicular access between 75 Hanna Avenue and 85 Hanna Avenue, to the satisfaction of the General Manager, Transportation Services and the City Solicitor;

g. entered into a Shared Access Agreement on title, and any other necessary agreements securing appropriate reciprocal easements and any necessary conditions to allow for shared pedestrian, cyclist and vehicular access between 75 Hanna Avenue and 100 Hanna Avenue, to the satisfaction of the General Manager, Transportation Services and the City Solicitor; 

h. entered into a Shared Access Agreement on title, and any other necessary agreements securing appropriate reciprocal easements and any necessary conditions to allow for shared pedestrian, cyclist and vehicular access between 120 Lynn Williams and 100 Hanna Avenue, to the satisfaction of the General Manager, Transportation Services and the City Solicitor; and

i. ensure that Zoning By-law 566-2000, as amended, be in compliance following the removal of the lands at 61-75 Hanna Avenue, and a portion of 85 Hanna Avenue, and 120 Lynn Williams, and that any necessary amendments to Zoning By-law 566-2000, be in force.

10. City Council direct City Planning and Transportation Services staff to hold a community consultation meeting in September 2023 with the applicant and their transportation consultant in attendance, to discuss the proposed Draft Plan of Subdivision application and the Liberty Village Streets Plan and Precinct Wide Parking Study work underway as part of the ongoing Liberty Village Public Realm and Community Services and Facilities Study.

11. City Council direct City Planning and Transportation Services staff to incorporate feedback from the community consultation into the analysis for both the Liberty Village Streets Plan and Precinct Wide Parking Study work, and inform any additional opportunities for transportation mitigation measures including but not limited to: transportation demand management and vision zero implementation opportunities that could be addressed through the review of the Draft Plan of Subdivision and/or Site Plan Control application process and through implementation strategies for the Liberty Village Streets Plan and Precinct Wide Parking Study.

12. City Council direct City Planning and Transportation Services staff to report back to the Toronto and East York Community Council by the first quarter of 2024, with implementation strategies for the Liberty Village Streets Plan and Precinct Wide Parking Study work being undertaken within the Liberty Village Public Realm and Community Services and Facilities Study.

13. City Council direct the applicant and their transportation consultant to incorporate feedback from the community consultation meeting and any relevant implementation strategies from the Liberty Village Streets Plan and Precinct Wide Parking Study Work that would inform a revised Urban Transportation Considerations Report, to be submitted as part of the Draft Plan of Subdivision and/or Site Plan Control application review process, that must include, but not be limited to, the following items:

a.  additional analysis of transportation impact assessment related to the development application that is informed by the Liberty Village Streets Plan and Precinct Wide Parking Study work;

b.  potential transportation mitigation measures for the development;

c.  a revised Transportation Demand Management Plan; and

d.  a Vision Zero Implementation Plan.

14. City Council direct Transportation Services staff to review the revised submission materials as noted in Recommendation 13 above, as part of the Draft Plan of Subdivision and/or Site Plan Control application review process and secure any appropriate transportation mitigation measures as deemed necessary through Draft Plan of Subdivision Conditions, to the satisfaction of the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning.

The Toronto and East York Community Council held a statutory public meeting on June 22, 2023 and notice was given in accordance with the Planning Act.

This report reviews and recommends approval of an application to amend the Zoning By-law to permit the development of three mixed-use buildings of 32, 33, and 36 storeys containing 11,827 square metres of non-residential uses and 963 dwelling units within two blocks at 61-85 Hanna Avenue and 120 Lynn Williams Street. At 75 Hanna Avenue (Block 1) two towers are proposed and one tower is proposed to be located at 120 Lynn Williams Street (Block 2). The proposed development would result in a built form that fits within the existing and planned context and provides an appropriate mix of uses. In addition, the proposal would provide 29 affordable rental units, the eastward extension of Snooker Street, a new 1,282 square meter public park and publicly accessible open spaces that would significantly improve the public realm in and around the site.

The purpose of this Supplementary Report is to modify the recommendations of the Decision Report dated June 5, 2023, from the Director, Community Planning, Toronto and East York District, by deleting and replacing Recommendations 3.k)., 6., 9.a), and 9.e), with revised Recommendations and adding an additional Recommendation 9.i).

The proposed revisions to Recommendation 3.k), reflect the wording of condition of 3.j), and Recommendation 6 relates to the conveyance of an on-site parkland dedication by deleting the timing of conveyance of the parkland, which will be secured during the Draft Plan of Subdivision application process. The revisions to Recommendations 9.a) and 9.e) relate to requirements for the owner to address prior to introducing the necessary Bills to City Council for enactment, including removing references to specific agreements that are required to be registered. The additional Recommendation 9.i) is to ensure that the enactment of the Zoning By-law amendment does not cause the previous amending by-laws for the lands to be out of compliance.