Item - 2024.TE13.2

The Toronto and East York Community Council recommends that:

1. City Council amend the Official Plan, for the lands at 191-199 College Street and 74-76 Henry Street substantially in accordance with the draft Official Plan Amendment included as Attachment 5 to the report (April 19, 2024) from the Director, Community Planning, Toronto and East York District.

2. City Council amend Zoning By-law 569-2013 for the lands at 191-199 College Street and 74-76 Henry Street substantially in accordance with the draft Zoning By-law Amendment included as Attachment 6 to the report (April 19, 2024) from the Director, Community Planning, Toronto and East York District.

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

4. City Council direct that the owner shall provide and maintain 12 replacement rental dwelling rooms on the site for a period of at least 20 years beginning from the date that each replacement rental dwelling room is first occupied and, during which time, no application may be submitted to the City for condominium registration, or for any other conversion to a non-rental housing purpose, or for demolition without providing for replacement; the replacement rental dwelling rooms shall collectively have a total gross floor area of at least 400 square metres as generally illustrated in the plans submitted to the City Planning Division dated January 10, 2024; and any revision to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning.

5. City Council direct that the owner shall, as part of the 12 replacement rental dwelling rooms required in Recommendation 4 above, provide at least four (4) dwelling rooms at affordable tier-one dwelling room rents, three (3) dwelling rooms at mid-affordable tier-two dwelling room rents, and five (5) dwelling rooms at mid-range tier-one dwelling room rents, as currently defined in the City's Official Plan, all for a period of at least 15 years beginning from the date of first occupancy of each unit.

6. City Council direct that the owner shall provide an acceptable Tenant Relocation and Assistance Plan for all Eligible Tenants of the 13 existing rental dwelling rooms proposed to be demolished at 76 Henry Street, addressing the right to return to occupy one of the replacement rental dwelling rooms or rental studio unit at similar rents, the provision of rent gap assistance, and other assistance to lessen 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.

7. City Council direct that the owner shall provide an acceptable Tenant Relocation and Assistance Plan for tenants of the existing one (1) rental dwelling unit at 193 College Street, addressing financial compensation and other assistance to lessen hardship; the Tenant Relocation and Assistance Plan shall be to the satisfaction of the Chief Planner and Executive Director, City Planning.

8. City Council direct that the owner shall provide a minimum residential gross floor area of 10,500 square metres towards affordable dwelling units at 100 percent average market rent for the same unit type in the City of Toronto as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report, for a minimum of 40 years, currently proposed as 408 affordable dwelling units.

9. City Council authorize the affordable rental units as described in the Table below, to be eligible for waivers of fees for planning application, building permit, parkland dedication and development charges exemptions, unless already paid or exempted by provincial legislation:

10. City Council authorize an exemption from taxation for municipal and school purposes under the terms of the Open Door Affordable Rental Housing Program for the affordable rental units and for the periods of time described in the Table in Recommendation 9 above.

11. City Council authorize the Controller to cancel or refund any taxes paid after the effective date of the exemption from taxation for municipal and school purposes as set out in the applicable Municipal Housing Facility Agreement (the City's Contribution Agreement).

12. City Council authorize the Executive Director, Housing Secretariat, to negotiate and execute, on behalf of the City, a Municipal Housing Facility Agreement (the City's Contribution Agreement), or amendments to existing Contribution Agreements, where applicable, with the appropriate legal entities for the development listed in the Table in Recommendation 9 above, or related entities, to secure the financial assistance and to set out the terms of the development and operation of the new affordable rental housing, on terms and conditions satisfactory to the Executive Director, Housing Secretariat, in consultation with the Chief Financial Officer and Treasurer, and in a form approved by the City Solicitor.

13. City Council authorize the Executive Director, Housing Secretariat, on behalf of the City, to execute any security or financing documents, or any other documents required to facilitate the development, including any documents required by the developers of the development described in the Table in Recommendation 9 above, or their related corporations, to complete pre-development activities, construction and secure conventional financing, where required, including any postponement, confirmation of status, discharge or consent documents where and when required during the term of the Municipal Housing Facility Agreement, as required by normal business practices, and provided that such documents do not give rise to financial obligations on the part of the City that have not been previously approved by City Council.

14. City Council direct the City Solicitor to withhold the necessary Bills for enactment, until the owner has, at its sole cost and expense:

a. entered into a Dwelling Room Replacement and Tenant Relocation Agreement with the owner, pursuant to Policies 3.2.1.11 and 3.2.1.12 of the City’s Official Plan, to secure the owner’s obligation to replace the existing dwelling room gross floor area and provide tenant relocation and assistance to lessen hardship for existing tenants of the 13 existing rental dwelling rooms described in Recommendation 6 above, and of the one (1) existing rental dwelling unit described in Recommendation 7 above, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. registered on title to the site, a Section 118 Restriction under the Land Titles Act, to the satisfaction of the City Solicitor, agreeing not to transfer or charge those parts of the lands, comprising the 12 replacement rental dwelling rooms, without the written consent of the Chief Planner and Executive Director, City Planning or designate, to assist with securing the Dwelling Room Replacement and Tenant Relocation Agreement against future owners and encumbrances of the lands until such time as the City Solicitor determines that its registration on title is no longer required to secure the provisions of the Dwelling Room Replacement and Tenant Relocation Agreement;

c. entered into one or more agreement(s) with the City, to secure the Affordable Rental Housing Units on the terms set out in Attachment 7 to the report (April 19, 2024) from the Director, Community Planning, Toronto and East York District, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor and registered on title to the site, a Section 118 Restriction under the Land Titles Act, to the satisfaction of the City Solicitor, agreeing not to transfer or charge those parts of the lands, comprising the minimum residential gross floor area of 10,500 square metres towards the affordable dwelling units, without the written consent of the Chief Planner and Executive Director, City Planning or designate, to assist with securing the Affordable Rental Housing Units against future owners and encumbrances of the lands until such time as the City Solicitor determines that its registration on title is no longer required;

d. entered into a Municipal Housing Project Facilities Agreement (the "Contribution Agreement") with Housing Secretariat to ensure the financial assistance being provided and set out the terms of the operation of the Affordable Housing Units, on terms and conditions acceptable to the Executive Director, Housing Secretariat, in a form satisfactory to the City Solicitor;

e. prepared and submitted a revised Functional Servicing and Stormwater Management Report for review and acceptance to demonstrate that the storm sewer system and any required improvements to it, has adequate capacity to accommodate the development of the lands to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

f. where improvements to the storm sewer system are recommended in the Functional Servicing and Stormwater Management Report as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, the owner has entered into a financially secured agreement with the City to secure the construction of the required improvements;

g. entered into a Heritage Easement Agreement with the City for the properties at 191-199 College Street and 74-76 Henry Street, substantially in accordance with the plans and drawings dated August 11, 2023, prepared by Icon and ERA Architects, and the Heritage Impact Assessment, dated August 15, 2023, prepared by ERA Architects Inc., all on file with the Senior Manager, Heritage Planning, subject to and in accordance with the Conservation Plan, to the satisfaction of the Senior Manager, Heritage Planning including execution of such agreement to the satisfaction of the City Solicitor; and

h. provided a detailed Conservation Plan, prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment dated August 15, 2023, prepared by ERA Architects Inc. for the properties at 191-199 College Street and 74-76 Henry Street, subject to modifications to the design proposed in the Heritage Impact Assessment of the barrier-free entrances for the properties at 191-199 College Street to enhance the conservation response to the heritage attributes, to the satisfaction of the Senior Manager, Heritage Planning.

15. City Council request the Chief Planner and Executive Director, City Planning to secure the following as part of the site plan agreement, as per the applicant’s written commitment in their letter of May 7, 2024:

a.  a low-carbon energy strategy that includes at least the following sustainability measures:
 

i.  a highly energy-efficient building envelope;

ii.  no on-site combustion of fossil fuels in appliances;

iii.  an air and/or ground source heat pump system as the exclusive or, if necessary, primary (> 85 percent) source of heating and cooling for the building;

iv.  at least 100 points for energy efficiency in Canada Mortgage and Housing Corporation’s MLI Select Program;

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

vi.  accommodation for future solar photovoltaic system; and

vii.  if the applicant is willing, cross-laminated timber construction;

b.  delivery access to the building only from the rear laneway, not from Henry Street or College Street;

c.  retail spaces suitable for the return of the existing commercial tenants;

d  an outdoor, publicly accessible source of drinking water;

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

f.  retaining the existing by-law-protected street trees on College Street and Henry Street, if recommended by Urban Forestry.

16. 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 191-199 College Street from Permit Parking.

The Toronto and East York Community Council held a statutory public meeting on May 7, 2024 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 new 31-storey (96-metre including mechanical penthouse) mixed-use building at 191-199 College Street and partially retain the 3-storey semi-detached dwellings at 74 and 76 Henry Street which will contain 12 replacement dwelling rooms. The proposal currently consists of 490 dwelling units and 1,356 square metres of non-residential gross floor area.

This application is part of the Open Door Affordable Rental Housing Program and currently proposes to provide 408 affordable dwelling units (all studio units) or the equivalent of that floor area which amounts to 10,500 square metres.

The properties at 191-199 College Street and 74-76 Henry Street are designated under Part IV, Section 29 of the Ontario Heritage Act. The principal elevations of 191-199 College Street, and 74-76 Henry Street will be retained and integrated within the new development.

The Official Plan Amendment redesignates the southern portion of the site from Neighbourhoods to Mixed Use Areas, revises the boundary of Site and Area Policy (SASP) 533 to include 74 and 76 Henry Street, permits the proposed height within Character Area F in SASP 533, provides a minimum residential gross floor area of 10,500 square metres for affordable rental dwelling units for a period of 40 years, and establishes site specific policies for rental dwelling room replacement for a period of 20 years.