Item - 2025.EY23.3

The Etobicoke York Community Council recommends that:

1. City Council amend the Official Plan for the lands municipally known as 13-21 John Street and 40 South Station Street substantially in accordance with the draft Official Plan Amendment included as Attachment 5 to the report (May 23, 2025) from the Director, Community Planning, Etobicoke York District.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands municipally known as 13-21 John Street and 40 South Station substantially in accordance with the draft Zoning By-law Amendment included as Attachment 6 to the report (May 23, 2025) from the Director, Community Planning, Etobicoke York District, as amended by the following:

a. Add the following clause:

"4. (X) The number of bicycle parking spaces required by regulation 230.5.10.1(5) may be reduced, subject to the following:

(A) the number of "short-term" bicycle parking spaces reduced is not more than half the amount required by regulations 230.5.10.1(5)(A) or (B), rounded down to the nearest whole number; 

(B) the number of "long-term" bicycle parking spaces reduced is not more than half the amount required by regulations 230.5.10.1(5)(A) or (B), rounded down to the nearest whole number;

(C) for each bicycle parking space required by regulation 230.5.10.1(5) to be reduced, the owner or occupant must provide a payment-in-lieu to the City of Toronto; and

(D) the owner or occupant must enter into an agreement with the City of Toronto pursuant to Section 40 of the Planning Act."

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

4. City Council allow the owner of the Lands to convey the lands at 36-38 South Station Street to the City for a future community cultural space or other purpose, subject to the following terms:

a. the owner shall engage with the benefitting parties under Instrument No. TB404341 to seek to obtain confirmation in a form satisfactory to the City Solicitor whether any cantilever of a proposed building on the 36-38 South Street lands over the easement lands would interfere with their easement rights under that Instrument and shall provide notice in writing to the City of the outcome of such engagement and any proposed resolution to enable such cantilever;

b. following provision of the notice in Recommendation 4.a above, the owner will provide the City a minimum of 6 months notice in writing to make a determination of whether the City wishes to proceed with the conveyance;

c. if the City advises the owner that it wishes to proceed with the conveyance:

1. the conveyance of the lands shall be in accordance with the City's policy for accepting potentially contaminated lands; and

2. the lands shall be conveyed prior to the first Above Grade Building Permit for the development;

d. if the City advises that it does not wish to proceed with the conveyance, or does not respond within six (6) months unless otherwise agreed, the Community Benefits Charge shall be payable in accordance with By-law 1139-2022;

all at the sole cost and expense of the owner and at nominal consideration to the City and all to the satisfaction of the Executive Director, Development Review, General Manager, Economic Development and Culture, Executive Director, Corporate Real Estate Management, and the City Solicitor as an in-kind contribution pursuant to subsection 37(6) of the Planning Act.

5. City Council attribute a value to the in-kind contribution set out in Recommendation 4 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 day the first building permit is issued in respect of the development.

6. City Council authorize the Executive Director, Development Review to enter into an Agreement pursuant to subsection 37(7.1) of the Planning Act to address the provision of the in-kind contribution identified in Recommendation 4, above to the satisfaction of the Executive Director, Development Review, and the City Solicitor, with such agreement to be registered on title to the Lands, which agreement shall be evidence of satisfactory arrangements having been made for the provision of the in-kind contribution that are satisfactory to City Council.

7. Prior to the first Above Grade Building Permit for the development, City Council require the owner to enter into a limiting distance agreement or similar instrument with the owner of 36-38 South Station Street restricting the construction of a building on 36-38 South Station Street within 25 metres of the southeast building face of the tower portion of the development above a height of 8 storeys, in a form satisfactory to the City Solicitor, and register such agreement on title to 36-38 South Station Street.

8. City Council rescind the delegated approval and signing authority from the Chief Planner and Executive Director, City Planning and their designate and delegate the approval and signing authority to the Executive Director, Development Review for agreements related to payments-in-lieu of bicycle parking under Article 900.11.10 Exception Number [x1114] 4.(X) of Zoning By-law 569-2013, as amended, in a form satisfactory to the City Solicitor.

9. City Council direct the Executive Director, Development Review to use $538 per short-term bicycle parking space reduced, adjusted for inflation, as the basis upon which payments under Article 900.11.10 Exception Number [x1114] 4.(X) of Zoning By-law 569-2013, as amended, be calculated.

10. City Council direct the Executive Director, Development Review to use $1076 per long-term bicycle parking space reduced, adjusted for inflation, as the basis upon which payments under Article 900.11.10 Exception Number [x1114] 4.(X) of Zoning By-law 569-2013, as amended, be calculated.

The Etobicoke York Community Council held a statutory public meeting on June 4, 2025 and notice was given in accordance with the Planning Act.

This Report recommends approval of the application to amend the Official Plan and Zoning By-law to permit the development of a 42-storey mixed-use building with a height of approximately 136 metres. The proposed building would contain 540 residential units and 262 square metres of non-residential space along the John Street frontage.  

The owner of the lands also proposes an offer of an off-site in-kind Community Benefits Charge contribution in the form of a land conveyance to the City for a future community cultural space at 36-38 South Station Street for consideration by City Council. Additionally, the owner has agreed to enter into a Limiting Distance Agreement with the City for the 36-38 South Station Street parcel, to ensure that the lands may not be developed with a tall building, as these lands form part of the tower separation distance for the proposed development.