Item - 2024.TE14.6

Tracking Status

TE14.6 - 180-200 Dundas Street West, 123 Edward Street and 65 Centre Avenue - Official Plan and Zoning By-law Amendment Application - Decision Report - Approval

Decision Type:
ACTION
Status:
Adopted on Consent
Ward:
11 - University - Rosedale

City Council Decision

City Council on June 26 and 27, 2024, adopted the following:

 

1. City Council amend the Official Plan for the lands at 180-200 Dundas Street West, 123 Edward Street and 65 Centre Avenue substantially in accordance with the draft Official Plan Amendment included as Attachment 6 to the report (May 24, 2024) from the Director, Community Planning, Toronto and East York District.

 

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 180-200 Dundas Street West, 123 Edward Street and 65 Centre Avenue, substantially in accordance with the draft Zoning By-law Amendment included as Attachment 7 to the report (May 24, 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 and Zoning By-law Amendment as may be required.

 

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

 

a. submit a revised Functional Servicing and Stormwater Management Report, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

 

b. enter into a Municipal Infrastructure Agreement to financially secure the construction of any improvements to the municipal infrastructure in connection with the accepted Functional Servicing Report by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required.

 

5. 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.

 

6. City Council request the Chief Planner and Executive Director, City Planning to consider securing the following as part of the site plan agreement, as per the applicant’s written commitment in their letter of June 11, 2024 to provide:

 

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.  provision of indoor space dedication for household hazardous waste;

 

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

 

7. a dedicated elevator within the building, for access to the interior bicycle parking spaces;

 

8.  electric-only appliances or fireplaces for the residential units;

 

9.  no grates and/or vents within any Privately Owned Publicly-Accessible Space at grade;

 

10.  diversion from landfill of 75 percent of demolition waste; and

 

11.  Toronto Green Standards, version 4, Tier 2, which the applicant has committed to use their best efforts to achieve.

  

7. 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 180-200 Dundas Street West, 123 Edward Street and 65 Centre Avenue from Permit Parking.

 

8. City Council direct 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.

Public Notice Given

Statutory - Planning Act, RSO 1990

Background Information (Community Council)

(May 24, 2024) Report and Attachments 1-6 and 8-13 from the Director, Community Planning, Toronto and East York District on 180-200 Dundas Street West, 123 Edward Street and 65 Centre Avenue - Official Plan and Zoning By-law Amendment Application - Decision Report - Approval
https://www.toronto.ca/legdocs/mmis/2024/te/bgrd/backgroundfile-246169.pdf
Attachment 7 - Draft Zoning By-law Amendment
https://www.toronto.ca/legdocs/mmis/2024/te/bgrd/backgroundfile-246441.pdf
Notice of Public Meeting
https://www.toronto.ca/legdocs/mmis/2024/te/bgrd/backgroundfile-246170.pdf

Communications (Community Council)

(June 11, 2024) Letter from Adam Brown, Brown Dryer Barristers & Solicitors, on behalf of DEC Nominee Inc. (TE.New)
https://www.toronto.ca/legdocs/mmis/2024/te/comm/communicationfile-180526.pdf

TE14.6 - 180-200 Dundas Street West, 123 Edward Street and 65 Centre Avenue - Official Plan and Zoning By-law Amendment Application - Decision Report - Approval

Decision Type:
ACTION
Status:
Amended
Ward:
11 - University - Rosedale

Public Notice Given

Statutory - Planning Act, RSO 1990

Community Council Recommendations

The Toronto and East York Community Council recommends that:

 

1. City Council amend the Official Plan for the lands at 180-200 Dundas Street West, 123 Edward Street and 65 Centre Avenue substantially in accordance with the draft Official Plan Amendment included as Attachment 6 to the report (May 24, 2024) from the Director, Community Planning, Toronto and East York District.

 

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 180-200 Dundas Street West, 123 Edward Street and 65 Centre Avenue, substantially in accordance with the draft Zoning By-law Amendment included as Attachment 7 to the report (May 24, 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 and Zoning By-law Amendment as may be required.

 

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

 

a. submit a revised Functional Servicing and Stormwater Management Report, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

 

b. enter into a Municipal Infrastructure Agreement to financially secure the construction of any improvements to the municipal infrastructure in connection with the accepted Functional Servicing Report by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required.

 

5. 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.

 

6. City Council request the Chief Planner and Executive Director, City Planning to consider securing the following as part of the site plan agreement, as per the applicant’s written commitment in their letter of June 11, 2024 to provide:

 

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.  provision of indoor space dedication for household hazardous waste;

 

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

 

7. a dedicated elevator within the building, for access to the interior bicycle parking spaces;

 

8.  electric-only appliances or fireplaces for the residential units;

 

9.  no grates and/or vents within any Privately Owned Publicly-Accessible Space at grade;

 

10.  diversion from landfill of 75 percent of demolition waste; and

 

11.  Toronto Green Standards, version 4, Tier 2, which the applicant has committed to use their best efforts to achieve.

  

7. 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 180-200 Dundas Street West, 123 Edward Street and 65 Centre Avenue from Permit Parking.

 

8. City Council direct 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.

Decision Advice and Other Information

The Toronto and East York Community Council held a statutory public meeting on June 11, 2024 and notice was given in accordance with the Planning Act.

Origin

(May 24, 2024) Report from the Director, Community Planning, Toronto and East York District

Summary

This report reviews and recommends approval of the application to amend the Official Plan and Zoning By-law to retain the existing 25-storey office building at the north west corner of Chestnut Street and Dundas Avenue West, and permit a new 59-storey and 53-storey linked mixed-use building (168.55 metres and 179.77 metres respectively, excluding mechanical penthouses), containing 1,551 dwelling units, 397 square metres of non-residential gross floor area, and a new 140 square metre Privately Owned Publicly-Accessible Space (POPS). The 15-storey office building at 123 Edward Street and the 6-level parking garage is proposed to be demolished.

 

The Official Plan Amendment is required to allow for a reduction in non-residential gross floor area as required in the Downtown Secondary Plan Health Sciences District, and to permit the development to be partially visible to the side of the silhouette of City Hall, as protected in the City's Official Plan view policies.

Background Information

(May 24, 2024) Report and Attachments 1-6 and 8-13 from the Director, Community Planning, Toronto and East York District on 180-200 Dundas Street West, 123 Edward Street and 65 Centre Avenue - Official Plan and Zoning By-law Amendment Application - Decision Report - Approval
https://www.toronto.ca/legdocs/mmis/2024/te/bgrd/backgroundfile-246169.pdf
Attachment 7 - Draft Zoning By-law Amendment
https://www.toronto.ca/legdocs/mmis/2024/te/bgrd/backgroundfile-246441.pdf
Notice of Public Meeting
https://www.toronto.ca/legdocs/mmis/2024/te/bgrd/backgroundfile-246170.pdf

Communications

(June 11, 2024) Letter from Adam Brown, Brown Dryer Barristers & Solicitors, on behalf of DEC Nominee Inc. (TE.New)
https://www.toronto.ca/legdocs/mmis/2024/te/comm/communicationfile-180526.pdf

Speakers

Adam Brown, Brown Dryer Barristers & Solicitors

Motions

1 - Motion to Amend Item (Additional) moved by Councillor Dianne Saxe (Carried)

That the Toronto and East York Community Council adopt the following new recommendations:

 

1. 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.

 

2. City Council request the Chief Planner and Executive Director, City Planning to consider securing the following as part of the site plan agreement, as per the applicant’s written commitment in their letter of June 11, 2024 to provide:

 

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.  provision of indoor space dedication for household hazardous waste;

 

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

 

7. a dedicated elevator within the building, for access to the interior bicycle parking spaces;

 

8.  electric-only appliances or fireplaces for the residential units;

 

9.  no grates and/or vents within any POPS space at grade;

 

10.  diversion from landfill of 75 percent of demolition waste; and

 

11.  Toronto Green Standards, version 4, Tier 2, which the applicant has committed to use their best efforts to achieve.

  

3. 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 180-200 Dundas street West, 123 Edward Street, 65 Centre Avenue from Permit Parking.

 

4. City Council direct 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.


Motion to Adopt Item as Amended moved by Councillor Chris Moise (Carried)
Source: Toronto City Clerk at www.toronto.ca/council