Item - 2024.TE12.5

That City Council adopt the recommendations in the report (March 14, 2024) from the Director, Community Planning, Toronto and East York District:

1. City Council amend the Official Plan, for the lands at 171-175 Lowther Avenue substantially in accordance with the draft Official Plan Amendment attached as Attachment 5 to this report.

2. City Council amend Zoning By-law 569-2013, for the lands at 171-175 Lowther Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to this report.

3. City Council authorize the City Solicitor to make such stylistic and technical changes to the Official Plan Amendment and Zoning By-law Amendments may be required.

4. City Council require the owner to provide and implement an acceptable Tenant Relocation and Assistance Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning Division, for Eligible Tenants of the existing 3 rental dwelling units proposed to be demolished, addressing financial compensation and other assistance to lessen hardship, including the provision of rent gap payments;

5. City Council require the owner to enter into an agreement or legal undertaking with the City, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, securing the implementation of the Tenant Relocation and Assistance Plan required by Recommendation Number 4 above prior to 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;

6. City Council request that the owner make reasonable commercial efforts to convey off-site parkland to the City equal to the value of the on-site parkland dedication, in fulfilment of the parkland dedication requirements pursuant to Section 42 of the Planning Act, with the off-site parkland dedication to be acceptable to the General Manager, Parks, Forestry and Recreation and free and clear of any above or below grade encumbrances, with the exception of any encumbrances as may be otherwise approved by the General Manager, Parks, Forestry and Recreation, to be conveyed prior to the issuance of the first above grade building permit; and

a. in the event that the off-site parkland dedication is less than the value of the on-site parkland dedication, then the owner will pay cash-in-lieu of parkland to make up for the shortfall in parkland dedication, prior to the issuance of the first above grade building permit;

b. in the event that the owner is unable to provide an acceptable off-site parkland dedication to the City, the owner will be required to satisfy the parkland dedication requirement through the payment of cash-in lieu; and

c. the value of the cash-in-lieu of parkland dedication will be appraised through Real Estate Services and payment will be required prior to the issuance of the first above grade building permit.

That City Council adopt the recommendations in the report (March 14, 2024) from the Director, Community Planning, Toronto and East York District, amended to read as follows:

1. City Council amend the Official Plan, for the lands at 171-175 Lowther Avenue substantially in accordance with the draft Official Plan Amendment included as Attachment 5 to the report (March 14, 2024) from the Director, Community Planning, Toronto and East York District. Attachment 1 to this motion.

2. City Council amend Zoning By-law 569-2013 for the lands at 171-175 Lowther Avenue substantially in accordance with the draft Zoning By-law Amendment included as Attachment 2 to this motion.

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

4. City Council require the owner to provide and implement an acceptable Tenant Relocation and Assistance Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning Division, for Eligible Tenants of the existing 3 rental dwelling units proposed to be demolished, addressing financial compensation and other assistance to lessen hardship, including the provision of rent gap payments;

5. City Council require the owner to enter into an agreement or legal undertaking with the City, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, securing the implementation of the Tenant Relocation and Assistance Plan required by Recommendation Number 4 above prior to 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;

6. City Council request that the owner make reasonable commercial efforts to convey off-site parkland to the City equal to the value of the on-site parkland dedication, in fulfilment of the parkland dedication requirements pursuant to Section 42 of the Planning Act, with the off-site parkland dedication to be acceptable to the General Manager, Parks, Forestry and Recreation and free and clear of any above or below grade encumbrances, with the exception of any encumbrances as may be otherwise approved by the General Manager, Parks, Forestry and Recreation, to be conveyed prior to the issuance of the first above grade building permit; and

a. in the event that the off-site parkland dedication is less than the value of the on-site parkland dedication, then the owner will pay cash-in-lieu of parkland to make up for the shortfall in parkland dedication, prior to the issuance of the first above grade building permit;

b. in the event that the owner is unable to provide an acceptable off-site parkland dedication to the City, the owner will be required to satisfy the parkland dedication requirement through the payment of cash-in-lieu; and

c. the value of the cash-in-lieu of parkland dedication will be appraised through Real Estate Services and payment will be required prior to the issuance of the first above grade building permit.

7. City Council request the Chief Planner and Executive Director, City Planning, in consultation with the local Ward Councillor and the City Solicitor, to continue to work with the applicant to explore an in-kind community benefit package pursuant to 37(6) of the Planning Act, and to report back to City Council for further instruction on any offer of in-kind community benefits made by the applicant.

8. City Council request the Chief Planner and Executive Director, City Planning to secure the following through the site plan approval process:

a. an outdoor, publicly accessible source of drinking water;

b. outdoor seating, to be located within or adjacent to the public right-of-way for public use, in consultation with Transportation Services; and

c. low-carbon energy strategy as part of the site plan agreement that includes at least the following sustainability measures:

1. a highly energy-efficient building envelope;

2. low carbon building heating and cooling, including Energy Recovery Units that provide sensible and latent heat recovery from ventilation in each suite;

3. ample electrical outlets for bicycle charging in the interior bicycle parking area;

4. fixtures and appliances that are efficient in their use of water and energy;

5. rainwater capture, used for site irrigation;

6. electric-only appliances or fireplaces in the residential units;

7. motion sensor-controlled LED lighting in common areas;

8. accommodation for future solar photovoltaic system;

9. improved Stormwater Management Measures;

10. installation of outdoor (dark sky) downward lighting;

11. provision of indoor space dedication for household hazardous waste;

12. diversion of 75 percent of total construction waste from landfill;

13. Electric Vehicle Supply Equipment for 100 percent of motor vehicle parking spaces; and

14. installation of cabinet space in kitchen suites for segregated waste.

9. City Council request the General Manager, Transportation Services to review and report back on the feasibility of amending Schedule B of the City of Toronto Municipal Code Chapter 925, Permit Parking, to exclude the development located at 171 to 171 Lowther Avenue from Permit Parking.

10. City Council request the Chief Planner and Executive Director, City Planning, in consultation with the local Ward Councillor, to consult with residents in the Annex area on the potential need for, scope and benefits of an area study.

11. City Council request the Chief Planner and Executive Director, City Planning, in consultation with the local Ward Councillor and the City Solicitor, to advance preparation of the Annex Heritage Conservation Plan, provided that s. 37 funds from 192A, 194, and 200 Bloor Street West are reallocated to Heritage Planning for this purpose.

12. City Council determine that no further notice is to be given in respect of the proposed by-law amendment under section 34(17) of the Planning Act.

That the item be forwarded to City Council without recommendation.