Item - 2025.TE20.5

The Toronto and East York Community Council recommends that:

1. City Council amend Zoning By-law 438-86, as amended, for the lands municipally known as 70-86 Lynn Williams Street substantially in accordance with the draft Zoning By-law Amendment included as Attachment 9 to the report (November 15, 2024) from the 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 direct that, in accordance with Section 42 of the Planning Act prior to the first above grade building permit, the Owner shall convey to the City an on-site parkland dedication having a minimum size of 325 square metres, to the satisfaction of the General Manager, Parks and Recreation and the City Solicitor.

4. 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 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 and Recreation and the Executive Director, Corporate Real Estate Management.

5. In the event that the Owner undertakes the Above Base Park Improvements, 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 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 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.

6. City Council allow the Owner of the Site to construct, finish, furnish, equip and convey to the City a non-profit licensed child care facility (the "Child Care Facility") to the satisfaction of the Executive Director, Development Review and the General Manager, Children's Services as part of the development, as an in-kind contribution pursuant to Subsection 37(6) of the Planning Act, in accordance with the following terms:

a. the Child Care Facility will comprise a minimum of 450 square metres indoor area located on the first and second floors of the proposed development and a minimum of 201 square metres outdoor area, located on the first floor of the proposed development; and

b. the Child Care Facility will be provided in accordance with the terms to be set out in the In-Kind Contribution Agreement identified in Part 9 below.

7. City Council attribute a value to the in-kind contribution set out in Part 6 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 building permit is issued in respect of the development.

8. City Council require that prior to the issuance of the first above grade building permit for the development, the Owner shall provide to the City a letter of credit to secure the Child Care Facility in an amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and handover of the Child Care Facility complying with the specifications and requirements of the In-kind Contribution Agreement, to the satisfaction of the General Manager, Children's Services and the Chief Financial Officer and Treasurer.

9. City Council authorize the Executive Director, Development Review 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 Part 6 above to the satisfaction of the Executive Director, Development Review, the General Manager, Children's Services and the City Solicitor, with such agreement to be registered on title to the Site and such agreement shall be evidence of arrangements for the provision of the in-kind contribution that are satisfactory to City Council.

10. City Council authorize the Executive Director, Housing Secretariat to negotiate and execute a Municipal Housing Facility Agreement ("Contribution Agreement") with the Owner for the provision of financial incentives, for 13 affordable rental dwelling units at the Site to secure rents at the City of Toronto’s income-based definition of "Affordable Housing" by bedroom type, as determined by the City annually, for a minimum period of 99 years, on terms and conditions acceptable to the Executive Director, Housing Secretariat, in a form satisfactory to the City Solicitor.

11. City Council approve the provision of financial incentives pursuant to the City's Rental Housing Supply Program in relation to the affordable rental dwelling units described in Part 10 above as follows:

a. City Council exempt the 13 affordable rental dwelling units at the Site from taxation for municipal and school purposes for the 99-year term of the Municipal Capital Facility Agreement;

b. City Council authorize the 13 new affordable rental dwelling units at the Site to be eligible for an exemption from development charges, parkland dedication fees, community benefits charges, if not exempted by provincial legislation, and waivers of building permit fees;

c. 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 delivery of the affordable rental housing dwelling units, including any documents required by the Owner to 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; and

d. City Council authorize the Controller to cancel or refund any taxes paid pursuant to the By-law exempting the property from taxation if authority is given for an exemption from taxation as set out in Part 11.a. above.

12. Prior to introducing the necessary Bills for enactment, City Council require that:

a. the Owner has entered into the In-kind Contribution Agreement pursuant to Section 37(7.1) of the Planning Act to secure the in-kind contribution referenced in Part 6 above;

b. the Owner has entered into an appropriate agreement to secure the affordable housing units described in Part 10 above, with such terms and conditions satisfactory to the Executive Director, Development Review, the Executive Director, Housing Secretariat and the City Solicitor;

c. the Owner has 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, prepared by ERA Architects and dated July 26, 2024, for the property at 80-86 Lynn Williams Street, to the satisfaction of the Senior Manager, Heritage Planning;

d. the Owner has entered into a Heritage Easement Agreement with the City for property at 80-86 Lynn Williams Street, substantially in accordance with the plans and drawings prepared by gh3 dated July 30, 2024, on file with the Senior Manager, Heritage Planning and the Heritage Impact Assessment prepared by ERA Architects dated July 26, 2024, and on file with the Senior Manager, Heritage Planning, subject to and in accordance with the approved Conservation Plan required above, to the satisfaction of the Senior Manager, Heritage Planning, including execution and registration of such agreement to the satisfaction of the City Solicitor;

e. the Owner has provided a revised Functional Servicing Report and a revised Stormwater Management Report, such reports to be reviewed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

f. the Owner provide a plan for installation of art, including mural artwork, onto every elevation of the construction hoarding board, with adequate spotlighting for night-time illumination and on-going maintenance, at their sole cost, to the satisfaction of the Ward Councillor.

13. 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 70-86 Lynn Williams Street from Permit Parking.

14. City Council direct the Executive Director, Development Review, in consultation with the Chief Planner and Executive Director, City Planning, the Chief Librarian, Toronto Public Library, the General Manager, Parks and Recreation, and the Executive Director, Social Development, Finance and Administration, to identify the types of community services and facilities needed within the Liberty Village area as part of the community services and facilities assessment of the Liberty Village Regeneration Area Study, with the study identifying the following parameters for said facilities: location, size, programming, and design, as well as identify funding sources for the creation of new community services and facilities in the Liberty Village area through a future Budget process.

15. City Council request the Board of Directors of CreateTO to direct the Chief Executive Officer, CreateTO, together with relevant City staff, to explore and propose the repurposing of City-owned lands in the Liberty Village area for community services and facilities, which may include, a community recreation centre, a public library, a public school and/or a community hub, among other community uses, as part of the Liberty Village Regeneration Area Study.

The Toronto and East York Community Council held a statutory public meeting on February 20, 2025 and notice was given in accordance with the Planning Act.

This report reviews and recommends approval of the application to amend the Zoning By-law to permit a 44-storey mixed-use building containing 520 rental dwelling units, a public daycare, 13 affordable rental housing units, and a public park at 70-86 Lynn Williams Street.

As described in the Decision History section of this report, on September 5, 2024, City Council accepted a settlement offer from the applicant respecting this proposal. This report recommends the same proposal as what Council endorsed for settlement in September.

The purpose of this report is to provide additional information for the non-profit licensed child care facility that the applicant is proposing as an in-kind community benefits charge contribution.