Agenda

This meeting of the Toronto and East York Community Council will be conducted with members participating in person and remotely.

Members of Council, City Officials, and members of the public who register to speak will be provided with the video conference details closer to the meeting date.

To provide comments or make a presentation to the Toronto and East York Community Council

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Written comments may be submitted by writing to teycc@toronto.ca.

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Closed Meeting Requirements: If the Toronto and East York Community Council wants to meet in closed session (privately), a member of the Committee must make a motion to do so and give the reason why the Committee has to meet privately (City of Toronto Act, 2006).

Notice to People Writing or Making Presentations to the Toronto and East York Community Council: The City of Toronto Act, 2006 and the City of Toronto Municipal Code authorize the City of Toronto to collect any personal information in your communication or presentation to City Council or its Committees and Boards. The City collects this information to enable it to make informed decisions on the relevant issue(s). If you are submitting letters, faxes, e-mails, presentations or other communications to the City, you should be aware that your name and the fact that you communicated with the City will become part of the public record and will appear on the City’s website. The City will also make your communication and any personal information in it - such as your postal address, telephone number or e-mail address - available to the public, unless you expressly request the City to remove it.

Many Committee, Board, and Advisory Body meetings are broadcast live over the internet for the public to view. If you speak at the meeting you will appear in the video broadcast. Video broadcasts are archived and continue to be publicly available.

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toronto.ca/council

This agenda and any supplementary materials submitted to the City Clerk can be found online at www.toronto.ca/council. Visit the website for access to all agendas, reports, decisions and minutes of City Council and its committees.

Schedule of Timed Items: 

June 29, 2022

9:30 a.m. - TE34.1 - TE34.5

10:00 a.m. -  TE34.6 - TE35.15

11:00 a.m. - TE34.55 - TE34.60

1:30 p.m. - TE34.16 - TE34.29

7:30 p.m. - TE34.61 - TE34.82

June 30, 2022

10:00 a.m. - TE34.30 - TE34.54

The Chair and Members gratefully acknowledge that the Toronto and East York Community Council meets on the traditional territory of many nations including the Mississaugas of the Credit, the Anishnabeg, the Chippewa, the Haudenosaunee and the Wendat peoples and is now home to many diverse First Nations, Inuit and Métis peoples. We also acknowledge that Toronto is covered by Treaty 13 with the Mississaugas of the Credit.  

Declarations of Interest under the Municipal Conflict of Interest Act

Confirmation of Minutes – May 26, 2022

Speakers/Presentations: The speakers list will be posted online at 8:30 a.m. on June 29 and 30, 2022

Communications/Reports

Introduction and Enactment of General Bills and Bill to Confirm the Proceedings of Community Council will be the last item.

Engineering and Construction Services recommends that Toronto and East York Community Council:  

1.  Approve the name "John M Tinsley Street" for a proposed private street located at 100 Queens Quay East;

2.  Request the applicant to pay the costs, estimated to be $750.00, for the fabrication and installation of the street name signage; and

3.  Request the owner and successors of the subject lands to maintain, at their own expense, the street name signage installed under Recommendation 1 of this report.

This report recommends that the name "John M Tinsley Street" be approved to identify a proposed private street located 100 Queens Quay East.

This naming proposal complies with the City of Toronto Street Naming Policy which can be found at https://www.toronto.ca/city-government/planning-development/street-naming/.

There are no financial implications to the City resulting from the adoption of this report. The estimated cost of $750.00 for the street name signage is to be paid by the applicant.

Engineering and Construction Services recommends that Toronto and East York Community Council:  

1.  Approve the name "Rod Armstrong Lane" for an existing Public Lane located south of Hartford Avenue, extending between Herbert Avenue and Elmer Avenue.

This report recommends that the name "Rod Armstrong Lane" be approved to identify an existing Public Lane located south of Hartford Avenue, extending between Herbert Avenue and Elmer Avenue.

This naming proposal complies with the City of Toronto Street Naming Policy which can be found at https://www.toronto.ca/city-government/planning-development/street-naming/.

The cost to install street name signage is approximately $500 and is included within the Transportation Services Division's Operating Budget.

Engineering and Construction Services recommends that Toronto and East York Community Council:

1.  Approve the westerly extension of Commissioners Street, west of Cherry Street, shown as PART Number 1 on Attachment Number 1 Sketch Number PS-2022-025; and

2.  Approve the realignment and naming of a portion of Cherry Street extending between Polson Street and Commissioners, shown as PART Number 2 on Attachment Number 1 Sketch Number PS-2022-025.

This report recommends approval of the westerly extension of Commissioners Street, west of Cherry Street.

This report recommends the realignment and naming of a portion of Cherry Street between Polson Street and Commissioners Street (westerly extension).

This naming initiative complies with the City of Toronto Street Naming Policy which can be found at https://www.toronto.ca/city-government/planning-development/street-naming/.

The cost to install street name signage is approximately $1000 and is included within the Transportation Services Division Operating Budget.

The Director, Transportation Planning and Capital Program and Director, Traffic Management, Transportation Services recommends that:

1.  City Council authorize public highway designation for the lands shown as:

a.  Parts 1-9, 13-20, 25, 34, and 45-48 on Plan 66R-32609, set out as Attachment 3 (the "Plan"), to take effect on the date that notice of a lease of the said lands from TEDCO to the City authorizing its use as a public highway is registered on title (the "Lease Registration Date"); and

b.  Part 59 on the Plan, to take effect on the later of the Lease Registration Date and the date that a transfer of easement from the Toronto Port Authority (PortsToronto) authorizing its use as a public highway is registered on title to the lands,

(collectively, the "Interim Roadways") and reconfigure Cherry Street in an interim condition as shown in Attachment 2 to the report (May 21, 2020) from the Director, Transportation Planning and Capital Program and Director, Traffic Management, Transportation Services. The lands designated as Parts 3, 6, 8 9 and 20 are to be dedicated in name as Commissioners Street. The lands designated as Parts 1, 2, 4, 5, 7, 13-19, 25, 34, 45-48 and 59 are to be dedicated in name as Cherry Street.

2.  City Council authorize the appropriate City officials to take all steps necessary to implement the proposed dedication referred to in Recommendation 1 above, including requesting the City Solicitor to prepare and submit the relevant bills and to pay any costs necessary to register the resultant by-laws, if required;

3.  City Council authorize the General Manager, Transportation Services, to negotiate, enter into and execute an agreement with Waterfront Toronto on terms and conditions satisfactory to the General Manager, Transportation Services, in relation to, among other things, street and pedestrian lighting on, as well as the construction, maintenance and warranty work of, the Interim Roadways and the new Cherry Street bridge; as well as to negotiate, enter into, and execute any other necessary agreements or documents, on behalf of the City, to temporarily exercise the City's authority; 

4.  City Council designate a 40 km/h speed limit on Cherry Street, between Polson Street and Commissioners Street (west intersection); 

5.  City Council designate a 40 km/h speed limit on Commissioners Street, between the west end of Commissioners Street and Cherry Street (east intersection);

6.  City Council prohibit stopping at all times on both sides of Cherry Street, between Commissioners Street (west intersection) and Polson Street;

7.  City Council prohibit stopping at all times on both sides of Commissioners Street, between the west end of Commissioners Street and Cherry Street (east intersection);

8.  City Council prohibit southbound right turns on a red signal at all times at the intersection of Cherry Street and Commissioners Street (east intersection);

9.  City Council temporarily close to pedestrian and cycling traffic Martin Goodman Trail on the east side of Cherry Street, between Polson Street and a point 81 metres south, from August 8, 2022 to December 31, 2022, inclusive, to facilitate a construction staging area; 

10.  City Council approve the installation of traffic control signals at the intersection of Cherry Street and Commissioners Street (west intersection);

11.  City Council authorize the General Manager, Transportation Services, in issuing any requisite permits as delegated in Municipal Code Chapter 743, Streets and Sidewalks, Use of, to include additional permit terms as the General Manager of Transportation Services deems necessary and appropriate in the interim;

12.  City Council direct that Waterfront Toronto be responsible for all costs incurred with respect to road repairs, traffic signage modifications, installation of traffic control set-up, and installation of traffic control signals;

13.  City Council authorize the permanent closure of a portion of Cherry Street, shown as Part 53 on the Plan 66R-32609 set out as Attachment 3 to the report dated June 13, 2022, from the Director, Transportation Planning and Capital Program, and Director, Traffic Management Centre, Transportation Services, once the lands shown as parts 1-9, 13-20, 25, 34, and 45-48 on Plan 66R-32609 are designated as public highways;

14.  City Council enact a by-law substantially in the form of the draft by-law set out as Attachment 4 to the report dated June 13, 2022, from the Director, Transportation Planning and Capital Program, and Director, Traffic Management Centre, Transportation Services;

15.  City Council authorize the appropriate City officials to submit directly to Council at the appropriate time any necessary bills to amend the appropriate City of Toronto Municipal Code Chapters, and any Schedules to the Chapters, to reinstate the traffic and parking regulations to what they were immediately prior to the by-law amendments made in connection with the report (June 13, 2022) from the Director, Transportation Planning and Capital Program and Director, Traffic Management, Transportation Services; 

16.  City Council authorize the appropriate City officials to submit directly to Council at the appropriate time any necessary bills to amend the effective date of any dedication by-law(s) and/or traffic and parking regulation by-law(s) made in connection with the report (June 13, 2022) from the Director, Transportation Planning and Capital Program and Director, Traffic Management, Transportation Services, to, among other things, insert a specific effective date; 

17. City Council authorize the City Solicitor to introduce the necessary bills to amend the effective date of By-law Numbers 653-2014, 654-2014, 655-2014, 706-2014, and 707-2014, which By-laws were previously enacted by City Council, to refer to the specific effective date of November 14, 2014; and

18.  City Council authorize the City Solicitor to amend City of Toronto Municipal Code, Chapter 950, Traffic and Parking to introduce the necessary bills to give effect to City Council's decision and City Council authorize the City Solicitor to make any necessary clarifications, refinements, minor modifications, technical amendments, or by-law amendments as may be identified by the City Solicitor or General Manager, Transportation Services, in order to give effect to Recommendations 1 to 17, inclusive, above.

This report proposes to extend Commissioners Street and realign a portion of Cherry Street by permanently closing a portion of the public highway and dedicating segments of public highway to the west. In addition, Toronto Transit Commission (TTC) operates a transit service on Cherry Street and Commissioners Street, therefore City Council approval of this report is required. Cherry Street and Commissioners Street are classified as major arterial roadways.

As part of the Port Lands Flood Protection Project and Enabling Infrastructure Project, Waterfront Toronto, on behalf of the three levels of government, will construct the new mouth of Don River through the lands currently designated as Cherry Street between Commissioners Street and Polson Street.

In order to facilitate construction of the new river mouth, a portion of the existing alignment of Cherry Street between Commissioners Street and a point 216 metres south will be removed and a new segment of Cherry Street will be constructed to the west of the current Cherry Street. The new Cherry Street alignment will intersect with the current Cherry Street alignment, approximately 67 metres north of Polson Street and ultimately connect to Lake Shore Boulevard East at Cherry Street North. In addition, Commissioners Street will be extended approximately 100 metres west and will connect to the new Cherry Street alignment. Vehicular traffic, pedestrians and cyclists on the current Cherry Street alignment will be shifted to the new alignment. The vehicular traffic lanes, trails and cycle tracks will be constructed to base asphalt condition. During the initial opening of new Cherry Street and the Commissioners Street extension, the lands to the east of the travelled lanes, trails and sidewalks on new Cherry Street and the lands to the south of the travelled lanes, trails and sidewalks on Commissioners Street will still be under construction, as shown in Attachment 1. The sections of land under construction will accommodate a future Light Rail Transit alignment. Therefore, this phase is considered the interim opening. During this interim period, most of the lands being opened as public highway will be leased from The Toronto Economic Development Corporation (TEDCO), with use of a small triangular portion of the new Cherry Street bridge to be secured from PortsToronto by way of easement.

This report only deals with the portion of the new Cherry Street between Commissioners and Polson Street and Commissioners Street, between new Cherry Street and current Cherry Street. The anticipated date of the interim road opening is August 2022. A staff report will be submitted in the second quarter of 2023 for subsequent dedication of the construction staging areas which run along the interim roads and the opening of the northern section of the new Cherry Street alignment, between Commissioners Street and Lake Shore Boulevard at Cherry Street North.

The cycling infrastructure on the interim roadways and temporary cycling lane on current Cherry Street is dealt through a companion report "Port Lands Flood Protection - Interim Road Opening (Cycling Infrastructure)" requiring Infrastructure and Environment Committee approval.

Authorization is being requested to designate the lands which contain the travelled lanes, trails and sidewalks as public highways and to implement traffic and parking by-laws for the interim road opening, to take effect in respect of each parcel of land after the new Cherry Street and Commissioners Street extension has been constructed by Waterfront Toronto to its interim condition to the satisfaction of the City and accepted and commissioned by the City and after a property right allowing its use as a public highway is granted to the City by the landowner. The City is accepting the road on an interim basis. Waterfront Toronto is required to complete the above mentioned construction activities prior to final acceptance.

Transportation Services is also requesting authority to install traffic control signals at the intersection of new Cherry Street and Commissioners Street as well as implement parking and traffic regulations on new Cherry Street and Commissioners Street extension.

Transportation Services is requesting authorization to temporarily close the Martin Goodman Trail on the east side of current Cherry Street, between Polson Street and a point 81 metres south, in order to accommodate a construction staging area. Trail users will be redirected to the west side of the current Cherry Street at the Ship Channel Bridge, by way of temporary traffic control signals.

Transportation Services also recommends that a portion of existing Cherry Street, between Commissioners Street and a point 216 metres south, designated as Part 53 on Plan 66R-32609 and shown in Attachment 3 (the "Highway"), be permanently closed. Once closed, it is intended that Part 53 on the Plan will be retained by the City and licensed to Waterfront Toronto to complete flood protection work.

Transportation Services will be responsible for funding maintenance and operational activities for the Interim Roadways and the new Cherry Street bridge as negotiated with Waterfront Toronto.

The Chief Financial Officer and Treasurer has reviewed this report and agreed with the financial impact information.

Engineering and Construction Services recommends that Toronto and East York Community Council:

1.  Receive the report for information.

A request by Councillor Fletcher's office was made to our office on May 10, 2022, with support from the Mississauga Credit First Nation (MCFN) to rename Lower Coxwell Avenue between Queen Street East and Lake Shore Boulevard East, as "Emdaabiimok Avenue" in celebration of the history of the community, and its surroundings.

The proposed name "Emdaabiimok Avenue" complies with the Policy, however, renaming of streets is addressed in section 3.4 of the Street Naming Policy which states:

"3.4 Streets that have been named, renamed, or assigned a ceremonial name within the previous ten years will not be renamed."

Because the original naming of this street occurred in 2019, a renaming at this time is not in compliance with the Street Naming Policy.

Community Councils have delegated authority to decide street naming matters which comply with the Street Naming Policy. As this renaming is not in compliance with the Street Naming Policy, Toronto and East York Community Council does not have delegated authority to approve a renaming within the previous 10 years.

There is no financial impact to adopting the recommendation contained in this report.

The City Planning Division recommends that:

1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 1423-1437 Bloor Street West and 278 Sterling Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to the report dated June 13, 2022 from the Director, Community Planning, Toronto and East York District.

2. City Council authorize the City Solicitor to submit the necessary bill to implement the foregoing recommendations provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will issue until such time as the Section 37 Agreement is executed and registered.

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

4. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act (the “Section 37 Agreement”) as follows:

a. The owner shall provide to the City a Letter of Credit, in the City's standard form, in the amount of $1,835,000, to be held by the City until the community agency space, cash contribution and affordable rental dwelling units has been delivered on the 1319 Bloor Street West site to the satisfaction of the Executive Director, Social Development, Finance and Administration, the Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning and the City Solicitor. The City may draw upon the entire Letter of Credit, to be used for community benefit purposes in the vicinity of this area at the discretion of the Chief Planner and Executive Director, City Planning and the City Solicitor, at the expiry of five (5) years after the passage of the bills for 1319 Bloor Street West if the owner of 1319 Bloor Street West has not pulled building permits for residential development and proceeded with redevelopment of 1319 Bloor Street West. The five (5) year timeframe can be extended at the sole discretion of the Chief Planner and Executive Director, City Planning and the City Solicitor; and

b. The Letter of Credit to be provided to the City as stated in Part 4.a above will be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, as reported quarterly by Statistics Canada Table 18-10-0135-01 (formerly CANSIM 327-0058), or its successor, calculated from the date the Zoning By-law for 1423-1437 Bloor Street West and 278 Sterling Road is passed.

5. City Council also direct that the following be secured in the Section 37 Agreement as a legal convenience to secure matters required to support the development. These matters will be delivered or secured through the Site Plan review process, and prior to Site Plan approval:

a. The owner shall prepare all documents and convey to the City, at nominal cost, a 1.98-metre-wide strip of land to the full extent of the site abutting the north limit of the east-west public laneway, and such strip of land shall be free and clear of all physical and title obstructions, encumbrances, and any temporary hoarding, and subject to an easement for piles and other associated materials from construction of shoring for the development, as well as a right-of-way for access purposes in favour of the owner until such time as the strip of land has been laid out and dedicated for public laneway purposes;

b. The owner shall prepare all documents and convey a Pedestrian Clearway Easement to the City to secure:

i. A minimum 2.1 metre wide pedestrian clearway along Bloor Street West;

ii. A minimum 2.1 metre wide pedestrian clearway along Sterling Road; and

iii. A 5 metre corner rounding at the southeast corner of Bloor Street West and Perth Avenue and at the southwest corner of Bloor Street West and Sterling Road.

Together with rights of support, such lands shall be free and clear of all further physical and title encumbrances, and subject to a right-of-way for access and construction purposes in favour of the Grantor until such time as the said lands have been laid out and dedicated for public pedestrian clearway purposes, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor.

c. The owner shall submit to the Chief Engineer and Executive Director, Engineering and Construction Services, a draft Reference Plan of Survey in metric units and integrated into the Ontario Coordinate System, with coordinate values shown on the face of the plan and delineating thereon, by separate PARTS, the public laneway lands to be conveyed to the City and the Pedestrian Clearway Easement lands along Bloor Street West, Perth Avenue, and Sterling Road, the lands to be subject to rights of support, and the remainder of the site, including any appurtenant right-of-way, for review and approval, prior to depositing it in the Land Registry Office.

d. The owner shall submit financial contributions/payments in the form of a letter of credit or certified cheques and/or provide additional documentation for the implementation of a Transportation Demand Management (TDM) plan. These provisions shall include, but are not limited to:

i. A minimum of two (2) publicly accessible car-share spaces on-site; and

ii. A minimum of one (1) bike repair station/area provided on-site.

e. The owner shall submit a comprehensive Construction Management Plan for each stage of the construction process, to the satisfaction of the General Manager, Transportation Services, the Chief Building Official and Executive Director, Toronto Building and the Ward Councillor. The Construction Management Plan will include, but is not limited to the following construction-related details: noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, parking and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, and any other matters requested by the General Manager, Transportation Services, in consultation with the Ward Councillor;

f. The owner must submit a financial contribution in the amount of $75,000.00 and undertake functional design work, along with the provision of detailed technical and signal drawings for the installation of a traffic control signal and related infrastructure at Perth Avenue and Bloor Street West, as required by the General Manager, Transportation Services;

j. The owner shall submit a revised Functional Servicing and Stormwater Management Report, Hydrogeological Report and supporting documents, including confirmation of water and fire flow and sanitary and storm capacity, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

k. The owner shall address all outstanding engineering issues set out in the memoranda dated April 1, 2022, as well as any other comments that may arise from further review of materials, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services;

l. Should it be determined that improvements or upgrades and/or new infrastructure are required to support the development, the owner shall provide financial securities for any upgrades or required improvements to existing and/or new municipal infrastructure identified in the accepted Engineering Reports and necessary to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

m. The owner shall submit a Noise and Vibration Impact Study for peer review, at the owner's sole expense, to the satisfaction of the Chief Planner and Executive Director, City Planning;

n. The owner shall provide the required soil volumes to support the planting of public and private trees along the site's Bloor Street West, Perth Avenue, and/or Sterling Road frontages, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the Chief Planner and Executive Director, City Planning; and

o. The owner shall provide to the City, for nominal consideration, Privately-Owned Publicly Accessible Open Space (POPS) easements for the on-site POPS, which shall be approximately 221 square metres in size, publicly accessible, and located along the Bloor Street West and Perth Avenue frontages of the development site. The owner shall provide for any necessary rights of support, encumbrances and insurance, and indemnification of the City, to the satisfaction of the Director, Real Estate Services, the Chief Planner and Executive Director, City Planning, and the City Solicitor, in consultation with the Ward Councillor. The owner shall own, operate, maintain, and repair the POPS, and install signage in a location to be determined through the Site Plan review process, all at its own expense and stating that members of the public shall be entitled to the use of the POPS at any time, 365 days a year. The final design and program of the POPS shall be determined through the Site Plan review process and secured in a Site Plan Agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning.

6. City Council approve the Rental Housing Demolition application (21 139673 STE 09 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of seventeen (17) existing rental dwelling units at 1423-1437 Bloor Street West, subject to the following conditions:

a. The owner shall provide and maintain seventeen (17) replacement rental dwelling units for a period of at least 20 years beginning from the date that each replacement rental unit is first occupied. During such 20-year period, no replacement rental dwelling unit shall be registered as a condominium or any other form of ownership housing that provides a right to exclusive possession of a dwelling unit, including life-lease or co-ownership, and no application shall be made to demolish any replacement rental dwelling unit or convert any replacement rental unit to a non-residential rental purpose. The seventeen (17) replacement rental dwelling units shall collectively contain a total gross floor area of at least 782 square metres and be comprised of three (3) studio units, eight (8) one-bedroom units, and six (6) two-bedroom units, as generally illustrated in the plans prepared by BDP Quadrangle and dated May 16, 2022, with any revision to these plans being to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. The owner shall provide and maintain at least two (2) studio units, six (6) one-bedroom units, and five (5) two-bedroom units, at affordable rents, as currently defined in the Toronto Official Plan, and the remaining one (1) studio unit, two (2) one-bedroom units, and one (1) two-bedroom unit at mid-range rents, as currently defined in the Toronto Official Plan, for a period of at least ten (10) years beginning from the date of first occupancy of each unit.

c. The location of the seventeen (17) replacement rental units within the proposed development shall be determined prior to the issuance of Notice of Approval Conditions of Site Plan approval, to the satisfaction of the Chief Planner and Executive Director, City Planning;

d. The owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants of the seventeen (17) existing rental dwelling units proposed to be demolished, addressing the right to return to occupy one of the replacement rental dwelling units at similar rents, the provision of alternative accommodation at similar rents in the form of rent gap payments, and other assistance to mitigate 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;

e. The owner shall provide tenants of all seventeen (17) replacement rental dwelling units with access to, and use of, all indoor and outdoor amenities in the proposed development, at no extra charge, and on the same terms and conditions as any other resident of the development, without separate entrances or the need to pre-book or pay a fee unless specifically required as a customary practice for private bookings;

f. The owner shall provide ensuite laundry in each replacement rental dwelling unit within the proposed development at no additional cost to the tenants;

g. The owner shall provide central air conditioning in each replacement rental dwelling unit within the proposed development at no additional cost to the tenants;

h. The owner shall provide and make available three (3) vehicle parking spaces to returning tenants of the replacement rental dwelling units who previously leased vehicle parking spaces as part of their residential lease agreements, and at similar monthly parking charges that such tenants previously paid, in the existing building. Should fewer than three (3) returning tenants who previously leased vehicle parking spaces elect to lease a vehicle parking space in the development or should a returning tenant leasing a vehicular parking space in the development vacate their replacement rental unit, the owner may provide and make available no fewer than three (3) vehicular parking spaces to tenants of the replacement rental units, and on the same terms and conditions as any other resident of the development;

i. The owner shall provide tenants of the replacement rental dwelling units with access to all bicycle and visitor vehicular parking at no charge and on the same terms and conditions as any other resident of the development;

j. The owner shall provide tenants of the replacement rental dwelling units with access to any storage lockers in the proposed development on the same terms and conditions as any other resident of the development;

k. The seventeen (17) replacement rental dwelling units required in recommendation 6a) above shall be made ready and available for occupancy no later than the date by which seventy percent (70%) of the new dwelling units in the proposed development, exclusive of the replacement rental units, are made available and ready for occupancy, subject to any revisions to the satisfaction of the Chief Planner and Executive Director, City Planning; and

l. The owner shall enter into, and register on title to the lands at 1423-1437 Bloor Street West and 278 Sterling Road, one or more agreement(s) to secure the conditions outlined in recommendations 6a) through 6k) above, including an agreement pursuant to Section 111 of the City of Toronto Act, 2006, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

7. City Council authorize the Chief Planner and Executive Director, City Planning to issue Preliminary Approval of the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 for the demolition of seventeen (17) rental dwelling units at 1423-1437 Bloor Street West after all the following have occurred:

a. All conditions in recommendations 6a) to 6k) have been secured through one or more agreement(s) under recommendation 6I) above;

b. The Zoning By-law Amendments have come into full force and effect;

c. 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; 

d. The issuance of excavation and shoring permits (conditional or full permits) for the approved development on the site;

e. The owner has confirmed, in writing, that all existing rental dwelling units proposed to be demolished are vacant; and

f. The execution and registration of agreements pursuant to Section 37 of the Planning Act and Section 111 of the City of Toronto Act, 2006 securing recommendations 6a) through 6k) above and any other requirements of the Zoning By-law Amendments (if applicable).

8. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning has given the Preliminary Approval referred to in recommendation 7 above.

9. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Residential Demolition Permit under Section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for 1423-1437 Bloor Street West and 278 Sterling Road after the Chief Planner and Executive Director, City Planning has given the Preliminary Approval referred to in recommendation 7 above, which may be included in the Rental Housing Demolition Permit under Chapter 667 pursuant to section 6.2 of Chapter 363, on condition that:

a. The owner removes all debris and rubble from the site immediately after demolition;

b. The owner erects solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building;

c. The owner erects the proposed building no later than three (3) years from the date on which the demolition of the existing rental dwelling units commences, subject to the timeframe being extended to the discretion of the Chief Planner and Executive Director, City Planning; and

d. Should the owner fail to complete the proposed development containing the seventeen (17) replacement rental dwelling units within the time specified in recommendation 9c) above, the City Clerk shall be entitled to enter on the collector’s roll, as with municipal property taxes, an amount equal to the sum of twenty thousand dollars ($20,000.00) per dwelling unit for which a demolition permit is issued, and that such amount shall, until payment, be a lien or charge upon the land for which the Residential Demolition Permit is issued.

10. City Council approve an off-site parkland dedication of 193 square metres, in satisfaction of the owner's required parkland contribution pursuant to Section 42 of the Planning Act, with the location and configuration of the off-site parkland to be to the satisfaction of the General Manager, Parks, Forestry and Recreation. Prior to the issuance of the first above-grade building permit for any development on the lands, the owner shall have either conveyed to the City the off-site parkland dedication or provided to the City a Letter of Credit, in the City's standard form and in an amount satisfactory to the General Manager, Parks, Forestry and Recreation, which will be increased in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, as reported quarterly by Statistics Canada Table 18-10-0135-01 (formerly CANSIM 327-0058), or its successor, two years from the date of issuance of the first above-grade building permit for the proposed development and increased on each succeeding anniversary date by the amount of the Construction Price Index for the previous year, all to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

11. City Council approve the acceptance of the off-site parkland dedication referred to in recommendation 10 above, subject to the owner transferring such parkland to the City free and clear of all easements, encumbrances, and encroachments, both above- and below-grade and 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, Forestry and Recreation, in consultation with the City Solicitor, and such an encumbrance shall be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management.

12. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction of the Above-Base Park Improvements, to the satisfaction of the General Manager, Parks, Forestry and Recreation. The development charge credit shall be of a value 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, Forestry 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.

The Zoning By-law Amendment application proposes to permit the redevelopment of the lands at 1423-1437 Bloor Street West and 278 Sterling Road with an 18-storey (65.05 metres, inclusive of a 6.0-metre mechanical penthouse) mixed-use building containing 197 residential units and a total gross floor area (GFA) of 14,634 square metres, including 362 square metres of non-residential GFA located on the ground floor along Bloor Street West and Perth Avenue. The proposal includes a 221 square metre privately-owned publicly accessible open space (POPS) located partially along the Bloor Street West and Perth Avenue frontages and a 193 square metre off-site parkland dedication to be provided at 1319 Bloor Street West.

The Rental Housing Demolition application proposes to demolish the existing house-form buildings, which collectively contain 17 rental dwelling units, and replace all 17 rental units at similar sizes and by their respective bedroom types within the proposed development. The City-approved Tenant Relocation and Assistance Plan would ensure existing tenants reserve the right to return to replacement rental units at similar rents and are provided with financial assistance to help mitigate hardship.

The proposed development is consistent with the Provincial Policy Statement (2020), conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020), conforms to the relevant policies of the Official Plan, and the Council endorsed Planning Framework for the Bloor Street Study: St. Helen's Avenue to Perth Avenue, and incorporates direction from the applicable design guidelines.

This report reviews and recommends approval of the Zoning By-law Amendment and Rental Housing Demolition applications for 1423-1437 Bloor Street West and 278 Sterling Road.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year or in future years.

The City Planning Division recommends that:

1. City Council amend the Official Plan, for the lands at 95 St. Joseph Street substantially in accordance with the draft Official Plan Amendment attached as Attachment No.5 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District.

2. City Council amend Zoning By-law 438-86, for the lands at 95 St. Joseph Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6  to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District.

3. City Council authorize the City Solicitor to submit the necessary bill(s) to implement the foregoing recommendation(s) provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will be issued until such time as the Section 37 Agreement and the Heritage Easement Agreement is/are executed and registered.

4. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:

a. The community benefits recommended to be secured in the Section 37 Agreement are as follows:

i. the owner shall make a cash contribution in the amount of $6,500,000.00, prior to the issuance of the first above grade building permit, to be allocated toward the following capital improvements at the discretion of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor;

A. $1,300,000.00 for capital improvements for new or existing affordable housing; and

B. $5,200,000.00 towards streetscape improvements, affordable housing and/or community services;

which contributions shall be indexed upwardly in accordance with the Statistics Canada Construction Price Index for Toronto, calculated from the date of the registration of the Section 37 Agreement to the date the payment is made; and

in the event the cash contribution referred to in Recommendations 4 a) i and ii above has not been used for the determined purpose within three years of the amending Zoning By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided the purpose is identified in the Official Plan and will benefit the community in the vicinity of the lands.

b. The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:

i. that the owner enter into a Heritage Easement Agreement with the City for the property at 95 St. Joseph Street in accordance with the plans and drawings dated October 20, 2021 prepared by CORE Architects Inc., and on file with the Senior Manager, Heritage Planning,, the Heritage Impact Assessment prepared by ERA Architects Inc., dated March 10, 2022, and in accordance with the Conservation Plan required in Recommendation 1.b.ii. to the satisfaction of the Senior Manager, Heritage Planning, including registration of such agreement to the satisfaction of the City Solicitor.

ii. that the owner provide a detailed Conservation Plan, prepared by a qualified heritage consultant that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 95 St. Joseph Street prepared by ERA Architects Inc., dated March 10, 2022, to the satisfaction of the Senior Manager, Heritage Planning.

iii. that prior to Site Plan Approval, the owner shall submit a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning, General Manager of Transportation Services and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor and thereafter in support of the development, will implement the Plan during the course of construction. The Construction Management Plan will include, but not be limited to the following construction-related details: noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, parking and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, and any other matters requested by the Chief Planner and Executive Director, City Planning and General Manager, Transportation Services, in consultation with the Ward Councillor;

iv. that the owner will construct and maintain the development of the site in accordance with Tier 1, Toronto Green Standard, and the Owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the site. The Owner shall construct and maintain the development in accordance with Tier 1.

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

6. City Council declare, pursuant to subsection 45(1.4) of the Planning Act, R.S.O. 1990, c. P.13 for the purposes of subsection 45(1.3) of the Planning Act, R.S.O. 1990, c. P.13, that the owner, may be permitted to apply to amend the site specific zoning by-law for the lands at 95 St Joseph Street  before the second anniversary of the first day on which any part of the site specific by-law comes into effect.

This application proposes to amend the University of Toronto Secondary Plan and amend the Zoning By-law to permit a 39-storey mixed use building with institutional and residential uses at 95 St. Joseph Street. The proposal includes a 12-storey podium housing a long term care/senior's facility with a 27-storey residential tower above the façade of the existing 4-storey heritage building will be maintained and an existing on-site chapel will be relocated and form part of the development.

The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020).

This report reviews and recommends approval of the application to amend the University of Toronto Secondary Plan and Zoning By-law 438-86.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year, or in future years

The City Planning Division recommends that:

1. City Council adopt the Official Plan Amendment, University of Toronto St. George Campus Secondary Plan, included as Attachment 7 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District.

2. City Council adopt the University of Toronto St. George Campus Urban Design Guidelines, included as Attachment 8 to the report (June 13, 2022) 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 as may be required.

4. City Council authorize the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement City Council’s decision.

5. City Council direct the Chief Planner and Executive Director, City Planning, to use the Secondary Plan policies, together with the Urban Design Guidelines, to inform the evaluation of current and future development applications in the University of Toronto St. George Campus Secondary Plan Area.

6. City Council direct the Chief Planner and Executive Director, City Planning Division, and the Director, Urban Design, to develop and bring forward block-specific Urban Design Guidelines for the University of Toronto St. George Campus Secondary Plan Area, as required, for consideration by Council.

7. City Council direct the Senior Manager, Heritage Planning, to report to the Toronto Preservation Board and Toronto and East York Community Council on the possibility for inclusion on the City's Heritage Register of the potential cultural heritage resources identified in the University of Toronto St. George Campus Secondary Plan Area, included as Attachment 9 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District.

8. City Council direct that Heritage Impact Assessments will be required for development applications that affect existing and potential cultural heritage resources identified in the University of Toronto St. George Campus Secondary Plan Area, included as Attachment 9 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District.

This report recommends the adoption of an Official Plan Amendment for a new University of Toronto St. George Campus Secondary Plan (the “Secondary Plan”) as well as implementing Urban Design Guidelines for the lands generally bounded by Bloor Street West to the north, Spadina Avenue to the west, College Street to the south and an irregular boundary generally running along Bay Street to the east. The Secondary Plan builds on the existing planning framework, including the Downtown Plan, to provide area-specific policies regarding the public realm, built form and land uses. The Official Plan Amendment also redesignates 2-20 Washington Avenue and 36-56 Harbord Street from Neighbourhoods to Institutional Areas.

The University of Toronto St. George Campus Secondary Plan Area (the “Area”) is an iconic place within Downtown Toronto. It forms a distinct part of the city as a result of its collection of cultural heritage resources, the expansive and connected public realm network and the concentration of some of the country’s foremost cultural, educational, research, medical and government institutions. As the Area continues to grow and evolve, the Secondary Plan directs that it must enhance its rich heritage character, contribute to and improve the public realm and distinctive pattern of landscaped open space, prioritize the movement of pedestrians and cyclists, and provide space to develop a sustainable, lively, inclusive and accessible campus environment that connects with the city beyond.

The recommended Secondary Plan and Urban Design Guidelines are the outcome of detailed analysis, public and stakeholder consultation, and staff input from various City Divisions. The Secondary Plan and Urban Design Guidelines are consistent with the Provincial Policy Statement (2020), conform with the Growth Plan for the Greater Golden Horseshoe (2020) and conform with the Official Plan.

The City Planning Division confirms that there are no immediate financial implications resulting from the recommendations included in the report in the current budget year. Much of the infrastructure required to support the growth anticipated in the Area will be reviewed in the context of the Council-approved Infrastructure Strategies developed for the Downtown through the TOCore planning initiative: Community Services and Facilities, Energy, Mobility, Water, and Parks and Public Realm. Parks and public realm improvements identified in the Area will be secured through the development application review process or prioritized against other City capital projects and operating impacts.

The City Planning Division recommends that:

1. City Council amend Zoning By-law 569-2013, for the lands at 334-350 Bloor Street West and 2-6 Spadina Road, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District.

2. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendments as may be required.

3. City Council authorize the City Solicitor to submit the necessary bill(s) to implement the foregoing recommendation(s) provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will issue until such time as the Section 37 Agreement is executed and registered.

4. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act, and any other necessary agreement(s), satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, with such Agreement to be registered on title to the lands at 334-350 Bloor Street West and 2-6 Spadina Road in a manner satisfactory to the City Solicitor to secure the following community benefits at the owner's expense, including:

a. Prior to the issuance of the first above-grade building permit, the owner shall pay $1,750,000.00 toward the provision and maintenance of public art in accordance with the City of Toronto Public Art Program through a direct commission with an Indigenous artist or designer. The public art will be located on the ground floor and/or in the enhanced public realm of the site.

b. Prior to the earlier of condominium registration or first residential use of any residential unit on the site, the owner shall design, construct, and convey in freehold ownership to the City, in an acceptable environmental condition, for nominal consideration and at no cost to the City, a minimum of 470 square metres non-profit community space (the "Conveyed Community Agency Space") located on the northwest corner of the second floor of the proposed development and subject to the following:

i. the Conveyed Community Agency Space shall be provided in accordance with the City's Community Space Tenancy Policy and finished to Base Building Conditions, and prioritized for an Indigenous not-for-profit organization with the terms and specifications to be finalized and secured in the Section 37 Agreement, all to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning, and the City Solicitor;

ii. Prior to conveyance of the Conveyed Community Agency Space in Part i. above to the City, the owner shall provide a one-time cash contribution of $650,000 for future capital improvements to the Conveyed Community Agency Space; and

iii. The cash contribution pursuant to Part 4.b)ii above shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of the Agreement to the date of payment;

c. Prior to the earlier of condominium registration or the closing of the final building permit on the site, the owner shall design, construct, finish, and furnish a minimum of 28.8 square metres of prominent ground floor space for the purpose of two non-profit community kiosks in the lobby of the proposed development and license the space at no cost to the City (the "License Community Agency Space") which shall be provided in accordance with the City's Community Space Tenancy Policy, with modifications as necessary to reflect the kiosk form, with the terms and specifications to be finalized and secured in the Section 37 Agreement, all to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning, and the City Solicitor, and subject to the following:

i. the entering into a license agreement with the City at no cost for 99 years with automatic renewal for the Licensed Community Agency Space and such facility shall be free of all rent, caretaking costs (of the building common areas), repair and maintenance costs (excluding wear and tear), structural and servicing elements, property damage, and utilities for a period of ninety-nine (99) years; and

ii. Prior to the issuance of the first above grade building permit, the owner shall provide a letter of credit in the amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and conveyance of the Conveyed Community Agency Space and Licensed Community Agency Space complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning and the City Solicitor;

d. Concurrent with or prior to, the conveyance of the Conveyed Community Agency Space and lease of the Leased Community Agency Space, the owner and the City shall enter into, and register on title to, the appropriate lands an Easement and Shared Facilities Agreement for nominal consideration and at no cost to the City, that is in a form satisfactory to the City Solicitor. The Easement and Shared Facilities Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the owner as they pertain to the Conveyed Community Agency Space and the Licensed Community Agency Space.

e. The following matters of convenience are also recommended to be secured in the Section 37 Agreement:

i. Prior to Site Plan Approval, the owner shall prepare a public art plan in accordance with the City of Toronto Public Art Program at its expense and in consultation with Indigenous partners and the Ward Councillor;

ii. An acceptable tenant relocation and assistance plan to mitigate hardship from the proposed development on eligible tenants to the satisfaction of the Chief Planner and Executive Director, City Planning;

iii. The owner construct and maintain the development of the Site in accordance with Tier 1 performance measures of the Toronto Green Standard and the owner will be encouraged to achieve Toronto Green Standard, Tier 2 or higher, where appropriate;

iv. the owner shall pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report, to be resubmitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development;

v. Prior to the earlier of Site Plan Approval or the first building permit for shoring and excavation, the Applicant shall submit the following materials for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services: Functional Servicing and Stormwater Management Report, Hydrogeological Report, Servicing Report Groundwater Summary Form, and Hydrogeological Review Summary Form; and

vi. A 1.7 metre wide publicly-accessible pedestrian midblock connection, which may include bollards, to be secured by means of a pedestrian easement as part of the site plan control process to the satisfaction of the Chief Planner and Executive Director, City Planning;

5. City Council approve the Rental Housing Demolition application (20 192558 STE 11 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of twenty-four (24) existing rental dwelling units at 334-350 Bloor St. W. and 2-6 Spadina Road, subject to the following conditions:

a. The owner shall provide and maintain twenty-four (24) replacement rental dwelling units for a period of at least 20 years beginning from the date that each replacement rental unit is first occupied. During such 20-year period, no replacement rental dwelling unit shall be registered as a condominium or any other form of ownership housing that provides a right to exclusive possession of a dwelling unit, including life-lease or co-ownership, and no application shall be made to demolish any replacement rental dwelling unit or convert any replacement rental unit to a non-residential rental purpose. The twenty-four (24) replacement rental units shall be comprised of eight (8) studios, eight (8) one-bedroom units, seven (7) two-bedroom units and one (1) three-bedroom unit and collectively contain a total gross floor area of at least 1448.5 square metres, as generally illustrated in the plans prepared by IBI Group, dated May 27, 2022, with any revision to these plans being to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. The owner shall provide and maintain at least five (5) studio, six (6) one-bedroom, three (3) two-bedroom, and one (1) three-bedroom replacement rental dwelling units at affordable rents, and three (3) studio, two (2) one-bedroom, and four (4) two-bedroom replacement rental units at mid-range rents as currently defined in the Toronto Official Plan, for a period of at least ten (10) years beginning from the date of first occupancy of each unit.

c. The owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants of the twenty-four (24) existing rental dwelling units proposed to be demolished, addressing the right to return to occupy one of the replacement rental dwelling units at similar rents, the provision of alternative accommodation at similar rents in the form of rent gap payments, and other assistance to mitigate 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;

d. The owner shall provide tenants of all twenty-four (24) replacement rental dwelling units with access to, and use of, all indoor and outdoor amenities in the proposed development at no extra charge, and on the same terms and conditions as any other resident of the development, without the need to pre-book or pay a fee unless specifically required as a customary practice for private bookings;

e. The owner shall provide ensuite laundry in each replacement rental dwelling unit or access to shared laundry facilities within the proposed development at no additional cost to tenants;

f. The owner shall provide central air conditioning in each replacement rental dwelling unit within the proposed development at no additional cost to tenants;

g. The owner shall provide tenants of the replacement rental dwelling units with access to all bicycle and visitor vehicular parking at no charge and on the same terms and conditions as any other resident of the development;

h. The owner shall provide and make available at least eleven (11) storage lockers to tenants of the replacement rental units at a similar monthly charge as tenants currently pay, and such storage lockers shall be made available firstly to returning tenants and secondly to new tenants of the replacement rental units;

i. The twenty-four (24) replacement rental dwelling units required in Part 5.a) above shall be made ready and available for occupancy no later than the date by which seventy percent (70%) of the new dwelling units in the proposed development, exclusive of the replacement rental units, are made available and ready for occupancy, subject to any revisions to the satisfaction of the Chief Planner and Executive Director, City Planning; and

j. The owner shall enter into, and register on title to the lands at 334-350 Bloor St. W. and 2-6 Spadina Road, one or more agreement(s) to secure the conditions outlined in recommendations 5.a) through 5.i) above, including an agreement pursuant to Section 111 of the City of Toronto Act, 2006, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

6. City Council authorize the Chief Planner and Executive Director, City Planning to issue Preliminary Approval of the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 for the demolition of twenty-four (24) rental dwelling units at 334-350 Bloor St. W. and 2-6 Spadina Road after all the following have occurred:

a. All conditions in Part 5 above have been secured;

b. The Zoning By-law Amendments have come into full force and effect;

c. 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; 

d. The issuance of excavation and shoring permits (conditional or full permits) for the approved development on the site;

e. The owner has confirmed, in writing, that all existing rental dwelling units proposed to be demolished are vacant; and

f. The execution and registration of agreements pursuant to Section 37 of the Planning Act and Section 111 of the City of Toronto Act, 2006 securing Parts 5.a. through 5.j above and any other requirements of the Zoning By-law Amendments (if applicable).

7. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning has given the Preliminary Approval referred to in Recommendation 6 above.

8. City Council authorize the Chief Building Official to issue a Residential Demolition Permit under Chapter 363 of the Toronto Municipal Code and Section 33 of the Planning Act for the residential buildings located at 334-350 Bloor Street West and 2-6 Spadina Road no earlier than the issuance of the first building permit for excavation and shoring of the development and after the Chief Planner and Executive Director, City Planning Division has issued the Preliminary Approval referred to in Recommendation 4, which may be included in the demolition permit for Chapter 667 under 363-6.2 of the Toronto Municipal Code, on condition that:

a. The owner shall remove all debris and rubble from the site immediately after demolition;

b. The owner shall erect solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building;

c.  The owner erects the proposed building on site no later than four (4) years from the day demolition of the buildings is commenced subject to the timeframe being extended to the discretion of the Chief Planner and Executive Director, City Planning and Chief Building Official; and

d.  Should the owner fail to complete the new building within the time specified in condition 6.c) above, the City Clerk shall be entitled to enter on the collector’s roll, to be collected in a like manner as municipal taxes, the sum of twenty thousand dollars ($20,000.00) for each dwelling unit for which a demolition permit is issued, and that each sum shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.

9. City Council authorize the appropriate City officials to take such actions as are necessary to implement City Council's decision, including execution of the Section 111 Agreement, Section 37 Agreement, and any other necessary agreement(s).

This application proposes to amend the Zoning By-law to permit a 35-storey mixed-use building, containing 422 residential dwelling units (including 24 rental replacement units), 8,200 square metres of non-residential gross floor area, and 3,716 square metres of office uses at 334-350 Bloor Street West and 2-6 Spadina Road. The site includes 6A Spadina Road which is currently occupied by a one-storey, City-owned, pavilion entrance to the Spadina TTC Subway Station. The subway entrance is proposed to be demolished and rebuilt within the base of the new building.

A minimum of 470 square metres of office space is to be conveyed to the City, as well as two kiosk areas, within an 'Urban Living Room' on the ground floor. These spaces are intended to be used by Indigenous non-profit organization(s). Public art by an Indigenous artist or designer is also proposed to be incorporated into the design of the 'Urban Living Room' and kiosks, as well as in the widened pedestrian zone along Spadina Avenue and the plaza at the recessed entrance to the 'Urban Living Room'.

An east-west midblock connection is proposed at the northern limit of the site adjacent to the new driveway from Spadina Road.

A Tenant Relocation and Assistance Plan will ensure existing eligible tenants reserve the right to return to replacement rental units at similar rents and are provided with financial assistance to help mitigate hardship.

The proposed development is consistent with the Provincial Policy Statement (2020), conforms with the Growth Plan for the Greater Golden Horseshoe (2020), conforms with the relevant policies of the Official Plan and the Downtown Plan, and is consistent with the Tall Building Guidelines. This report reviews and recommends approval of the application to amend the Zoning By-law and recommends approval of the associated Rental Housing Demolition application.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year, or in future years.

The City Planning Division recommends that:

1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 1801-1807 Eglinton Avenue West (the "Lands") substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to this report (June 13, 2022) from the Director, Community Planning, Toronto and East York District.

2. City Council authorize the City Solicitor to submit the necessary bill(s) to implement the foregoing recommendation(s) provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will issue until such time as the Section 37 Agreement is executed and registered.

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

4. City Council authorize the City Solicitor and appropriate City staff to take such actions as are required to implement City Council's decision, including the execution and implementation of appropriate agreements.

5. City Council require the owner to enter into an agreement pursuant to Section 37 of the Planning Act (the "Section 37 Agreement") as follows:

a. the community benefits to be secured in the Section 37 Agreement are as follows:

i.  prior to the earlier of condominium registration or first occupancy of any residential unit on the Lands, the owner shall design, construct, finish and convey freehold ownership to the City, in an acceptable environmental condition and at no cost to the City, a minimum of 645 square metres of Community Agency Space, consisting of 115 square metres at ground level and 530 square metres on the second storey (collectively the "Community Agency Space") and provided in accordance with the City's Community Space Tenancy Policy and Base Building Conditions, with the terms and specifications to be finalized and secured in the Section 37 Agreement, all to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning, and the City Solicitor;

A. a letter of credit in the amount sufficient to guarantee 120% of the estimated cost of the design, construction and handover of the Community Agency Space complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning, and the City Solicitor. This letter of credit shall be provided to the City prior to the issuance of the first above-grade building permit for non-residential uses so as to secure the Community Agency Space pursuant to 5A(a) above, with the Community Agency Space to be made available to the City within 12 months of residential occupancy of the building;

B. prior to the issuance of the first above-grade building permit for the proposed development on the Lands, the owner shall provide the City an indexed one-time cash contribution of six-hundred, twenty-seven thousand, eight-hundred and eighty dollars ($627,880.00) for future capital improvements to the Community Agency Space, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor

C. the value of the cash contribution referred to in Recommendation 5A(a)ii. shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, or its successor, calculated from the date of execution of the Section 37 Agreement to the date of payment of the funds by the owner to the City;

D. concurrent with, or prior to, the conveyance of the Community Agency Space to the City, the owner and the City shall enter into, and register on title to the appropriate lands, an Easement and Cost Sharing Agreement for nominal consideration and at no cost to the City, that is in a form satisfactory to the City Solicitor. The Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the owner as they pertain to the Community Agency Space;

ii An indexed one-time cash contribution of fifty-thousand dollars ($50,000.00) to be paid by the owner to the City prior to the issuance of the first above-grade building permit for the proposed development on the Lands, and to be allocated to a Toronto bike-share station on or within a reasonable vicinity of the Lands;

b. the following be secured in the Section 37 Agreement as a legal convenience to secure matters required to support the development:

i. that the owner shall provide, at its own expense and to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, a minimum area of 51.8 square metres at the southwest corner of the Lands and a minimum area of 109.1 square metres at the southeast corner of the Lands as Privately Owned Publicly-Accessible Spaces (POPS) and shall provide to the City for nominal consideration POPS easements for use of the POPS by members of the general public. Such easements are to be conveyed to the City prior to the issuance of the Statement of Approval, and with the configuration and design to be determined to the satisfaction of the Chief Planner and Executive Director, City Planning in the context of site plan approval process. The owner shall, operate, maintain and repair the POPS and install and maintain signs, at its own expense, stating that members of the public shall be entitled to use the POPS 24 hours a day, 365 days a year. The owner shall have completed the construction of the POPS prior to first occupancy of any new commercial or residential unit on the Lands;

ii. that prior to Site Plan Approval, the owner shall submit a Pedestrian Level Wind Study, to the satisfaction of the Chief Planner and Executive Director, City Planning, including wind tunnel analysis, which identifies recommendations for the outdoor amenity areas, and pedestrian realm, including the adjacent park, to mitigate wind impacts year-round, and the owner shall implement and maintain in support of the development all recommended mitigation measures to the satisfaction of the Chief Planner and Executive Director, City Planning;

iii. prior to site plan approval, the owner has registered on title to the lands a Limiting Distance Agreement to which the City will be a party, to the satisfaction to the City Solicitor, over a portion of 1815 Eglinton Avenue West, the Metrolinx LRT Fairbanks station, that ensures that the tower portion of the proposed residential building at 1801-1807 Eglinton Avenue West can be located on the western lot line, in order to achieve an appropriate tower setback and separation distance to the east, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

iv. that the owner shall consult with Metrolinx and City Planning staff to explore the provision of windows or other design solutions improving access to sunlight within the south portion of the ground floor of the Community Space, adjacent to the Fairbank LRT station southern plaza/entrance;

v. that the owner shall provide ten percent (10%) of all net new residential units in the proposed development on the Lands as three-bedroom units;

vi. that the owner shall make reasonable efforts, to the satisfaction of the Chief Planner and Executive Director, City Planning, to promote the return of businesses and/or services displaced by the proposed development;

vii. that the owner shall submit documentation and/or cash contributions toward Transportation Demand Management measures, as listed below, and such cash contributions, if required, shall be paid by the owner prior to the issuance of the site plan approval for the development, in the form of certified cheques, to the satisfaction of the General Manger, Transportation Services, and such cash contribution, if required, shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication No. 18-10-0135-01, or its successor, calculated from the date of the Section 37 Agreement to the date of payment:

a. The provision of a minimum of two (2) car-share parking spaces in the underground garage;

b. Written confirmation from a car-share operator that the allocated publicly- accessible car-share spaces provided on-site have been accepted and included in their services;
c. One (1) car-share membership per household of each residential unit, offered in the first year of occupancy;
d. One (1) bike-share membership per household of each residential unit, offered in the first year of occupancy; and

e. A minimum of two (2) bike repair station provided on the lands;

viii. that the owner shall demonstrate that a landscape architect with previous indigenous design experience has been retained, and that prior to Site Plan Approval, the owner shall submit a landscape plan detailing an indigenous design for the southeast POPS, with the intention of highlighting and honouring the indigeneity of the area, to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

ix. The owner shall provide space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapter 681-10, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

x. that the owner shall pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report, to be resubmitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development.

6. City Council approve the Rental Housing Demolition application (20 170679 STE 12 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of forty-seven (47) existing rental dwelling units at 1801-1807 Eglinton Avenue West, subject to the following conditions:

a. The owner shall provide and maintain forty-seven (47) replacement rental dwelling units for a period of at least twenty (20) years beginning from the date that each replacement rental unit is first occupied. During this 20-year period, no replacement rental dwelling unit shall be registered as a condominium or any other form of ownership housing that provides a right to exclusive possession of a dwelling unit, including life-lease or co-ownership, and no application shall be made to demolish any replacement rental dwelling unit or convert any replacement rental unit to a non-residential rental purpose. The forty-seven (47) replacement rental dwelling units shall collectively contain a total gross floor area of at least 3,083 square metres and be comprised of ten (10) studio units, twenty-five (25) one-bedroom units, nine (9) two-bedroom units, and three (3) three-bedroom units, as generally illustrated in the plans prepared by BDP Quadrangle and dated May 31, 2022, with any revision to these plans being to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. The owner shall provide and maintain at least five (5) studio units, fourteen (14) one-bedroom units, eight (8) two-bedroom units, and three (3) three-bedroom units at affordable rents, as currently defined in the Official Plan, and the remaining five (5) studio units, eleven (11) one-bedroom units, and one (1) two-bedroom unit at mid-range rents, as currently defined in the Official Plan, for a period of at least ten (10) years beginning from the date of first occupancy of each unit.

c. The location of the forty-seven (47) replacement rental units within the proposed development shall be determined prior to the issuance of Notice of Approval Conditions of site plan approval, to the satisfaction of the Chief Planner and Executive Director, City Planning;

d. The owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants of the forty-seven (47) existing rental dwelling units proposed to be demolished, addressing the right to return to occupy one of the replacement rental dwelling units at similar rents, the provision of alternative accommodation at similar rents in the form of rent gap payments, and other assistance to mitigate 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;

e. The owner shall provide tenants of all forty-seven (47) replacement rental dwelling units with access to, and use of, all indoor and outdoor amenities in the proposed development, at no extra charge, and on the same terms and conditions as any other resident of the development, without separate entrances or the need to pre-book or pay a fee unless specifically required as a customary practice for private bookings;

f. The owner shall provide ensuite laundry in each replacement rental dwelling unit within the proposed development at no additional cost to tenants;

g. The owner shall provide central air conditioning in each replacement rental dwelling unit within the proposed development at no additional cost to tenants;

h. The owner shall provide and make available nine (9) vehicle parking spaces to returning tenants of the replacement rental dwelling units who previously leased vehicle parking spaces as part of their residential lease agreements, and at similar monthly parking charges that such tenants previously paid, in the existing building. Should returning tenants who previously leased vehicle parking spaces elect to lease fewer than nine (9) vehicle parking spaces in the development or should a returning tenant leasing a vehicular parking space in the development vacate their replacement rental unit, the owner may provide and make available no fewer than six (6) vehicular parking spaces to tenants of the replacement rental units, and on the same terms and conditions as any other resident of the development;

i. The owner shall provide tenants of the replacement rental dwelling units with access to all bicycle and visitor vehicular parking at no charge and on the same terms and conditions as any other resident of the development;

j. The owner shall provide tenants of the replacement rental dwelling units with access to any storage lockers in the proposed development on the same terms and conditions as any other resident of the development;

k. The forty-seven (47) rental dwelling units required in Part 7.a above shall be made ready and available for occupancy no later than the date by which seventy percent (70%) of the new dwelling units in the proposed development, exclusive of the replacement rental units, are made available and ready for occupancy, subject to any revisions to the satisfaction of the Chief Planner and Executive Director, City Planning; and

l. The owner shall enter into, and register on title to the lands, one or more agreement(s) to secure the conditions outlined in Recommendation 7.a thought k., including an agreement pursuant to Section 111 of the City of Toronto Act, 2006, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

7. City Council authorize the Chief Planner and Executive Director, City Planning to issue Preliminary Approval of the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 for the demolition of forty-seven (47) rental dwelling units at 1801-1807 Eglinton Avenue West after all the following has occurred:

a. All conditions in Recommendation 7 have been fully satisfied and secured;

b. The Zoning By-law Amendment has come into full force and effect;

c. 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; 

d. The issuance of excavation and shoring permits (conditional or full permits) for the approved development on the site;

e. The owner has confirmed, in writing, that all existing rental dwelling units proposed to be demolished are vacant; and

f. The execution and registration of agreements pursuant to Section 37 of the Planning Act and Section 111 of the City of Toronto Act, 2006 securing Recommendation 7 and any other requirements of the Zoning By-law Amendment (if applicable).

8. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning has given the Preliminary Approval referred to in Part 8 above.

9. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Residential Demolition Permit under Section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for 1801-1807 Eglinton Avenue West after the Chief Planner and Executive Director, City Planning has given the Preliminary Approval referred to in Part 8 above, which may be included in the Rental Housing Demolition Permit under Chapter 667 pursuant to section 6.2 of Chapter 363, on condition that:

a. The owner removes all debris and rubble from the site immediately after demolition;

b. The owner erects solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building;

c. The owner erects the proposed building no later than three (3) years from the date on which the demolition of the existing rental dwelling units commences, subject to the timeframe being extended at the discretion of the Chief Planner and Executive Director, City Planning; and

d. Should the owner fail to complete the proposed development containing the forty-seven (47) replacement rental dwelling units within the time specified in Part 10.c. above, the City Clerk shall be entitled to enter on the collector’s roll, as with municipal property taxes, an amount equal to the sum of twenty thousand dollars ($20,000.00) per dwelling unit for which a demolition permit is issued, and that such amount shall, until payment, be a lien or charge upon the land for which the Residential Demolition Permit is issued.

10. City Council authorize the appropriate City officials to take such actions as are necessary to implement City Council's decision, including execution of the Section 111 agreement and other related agreements.

This report reviews and recommends approval of the applications to demolish 47 rental dwelling units and to amend the Zoning By-law to permit a 41-storey mixed-use building at 1801-1807 Eglinton Avenue West.

The proposed building would contain 446 dwelling units, including 47 rental replacement units, and 880 square metres of non-residential space, including a 222 square metre commercial retail unit and a 645 square metre community agency space. The Tenant Relocation and Assistance Plan would ensure existing tenants are provided with the right to return to replacement rental units at similar rents and financial assistance to help mitigate hardship.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year or in future years.

The City Planning Division recommends that:

1. City Council amend Zoning By-law 569-2013, for the lands at 40 Raglan Avenue (the "Lands"), substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District.

2. City Council authorize the City Solicitor to submit the necessary bills to implement the foregoing recommendations provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will issue until such time as the Section 37 Agreement is executed and registered.

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

4. City Council authorize the City Solicitor and appropriate City staff to take such actions as are required to implement City Council's decision, including the execution and implementation of appropriate agreements.

5. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act (the "Section 37 Agreement") as follows:

a) the community benefits to be secured in the Section 37 Agreement are as follows:

i. prior to the earlier of condominium registration or first occupancy of any residential unit on the Lands, the owner shall design, construct, finish and convey freehold ownership to the City, in an acceptable environmental condition and at no cost to the City, a minimum of 245 square metres of Community Agency Space on the ground floor of the proposed building (the "Community Agency Space") and provide the Community Agency Space in accordance with the City's Community Space Tenancy Policy and Base Building Conditions, with the terms and specifications to be finalized and secured in the Section 37 Agreement, all satisfactory to Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning, and the City Solicitor including;

A. a letter of credit in the amount sufficient to guarantee 120% of the estimated cost of the design, construction and handover of the Community Agency Space complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning, and the City Solicitor; will be provided to the City prior to the issuance of the first above-grade building permit for non-residential uses to secure the Community Agency Space pursuant to Recommendation 5 a) i. above, with such Community Agency Space to be made available to the City within twelve (12) months of residential occupancy of the building;

B. a one-time cash contribution in the amount of $300,000 for future capital improvements to the Community Space;

C. the provision of one parking space for the Community Agency Space;

D. all cash contributions shall be indexed upwardly in accordance with the Construction Price Index, calculated from the date of the Section 37 Agreement to the date of payment;

ii. The owner shall secure, in the Section 37 Agreement, the number, size, type, and tenure of replacement residential rental units and improvements to the existing residential rental property, as outlined in Recommendation 6.

iii. The owner shall prepare all documents and convey to the City, at nominal cost, a 1.98 metre wide strip of land to the full extent of the site abutting the west limit of the north-south public lane, to a minimum depth of 1.2 metres from finished grade, together with right of support, such lands to be free and clear of all physical and title encumbrances, and subject to a right-of-way for access and construction purposes in favour of the Grantor until such time as the said lands have been laid out and dedicated for public lane widening purposes, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor;

iv. The owner shall provide, at its own expense, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, a mid-block connection 7.1 metres wide and 5.3 metres in vertical height, with a minimum area of 640 square metres, comprised of a driveway and pedestrian walkway, connecting Raglan Avenue and the north-south public lane to the west of the site, as a surface easement for vehicle and pedestrian use by members of the general public. Such easements shall be conveyed to the City prior to site plan approval, and with the configuration and design to be determined to the satisfaction of the Chief Planner and Executive Director, City Planning in the context of site plan approval;

v. Prior to site plan approval, the owner will submit a public art plan, detailing the cost estimate, design and construction of a permanent on-site public art installation, that shall include artistic or decorative lighting along the public laneway and/or southern pedestrian walkway, at a minimum value of $15,000.00, indexed upwardly in accordance with the Construction Price Index, calculated from the date of the Section 37 Agreement to the date of payment, to be secured by way of a letter of credit provided by the owner to the City to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor. The owner shall install, operate, maintain and repair the permanent public art installation at its own expense, in perpetuity. The letter of credit will be release fully, upon inspection that the public art installation has been built as per the public art plan, to the satisfaction of City of the Chief Planner and Executive Director, City Planning.

b) The following matters to be secured in the Section 37 Agreement as a legal convenience to support development are as follows:

i. The owner shall submit a payment in the form of a certified cheque for $100,000.00 for future road improvements contemplated for the Raglan Avenue corridor and adjacent local area, including (but not limited to) pavement marking and signage modifications, curb extension installations, the signalization of the Vaughan Road/Maplewood Avenue intersection, and other potential related infrastructure;

ii. The provision of a commercial retail unit that is a minimum of 19 square metres and located on the ground floor of the building, fronting onto Raglan Avenue;

iii. The owner shall provide ten percent (10%) of all net new residential units in the proposed development on the Lands as three-bedroom units;

iv. Prior to Site Plan Approval, the owner shall submit a Pedestrian Level Wind Study, satisfactory to the Chief Planner and Executive Director, City Planning, including wind tunnel analysis, which identifies recommendations for the outdoor amenity areas, and pedestrian realm, including the proposed park to mitigate wind impacts year-round, and the owner shall implement and maintain in support of the development all recommended mitigation measures to the satisfaction of the Chief Planner and Executive Director, City Planning;

v. the owner shall provide a Construction Management Plan and Neighbourhood Communication Strategy, prior to Site Plan Approval, to the satisfaction of the Chief Planner and Executive Director, City Planning Division in consultation with the General Manager of Transportation Services and the Ward Councillor;

vi. the owner shall submit documentation and/or cash contributions toward Transportation Demand Management measures, as listed below, and such cash contributions shall be paid by the owner prior to the issuance of the site plan approval for the development, in the form of certified cheques, to the satisfaction of the General Manger, Transportation Services, and such cash contribution shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication No. 18-10-0135-01, or its successor, calculated from the date of the Section 37 Agreement to the date of payment:

A. The provision of a minimum of one (1) car-share parking space;

B. Written confirmation from a car-share operator for the proposed one (1) publicly-accessible car-share spaces provided on-site;

C. One (1) bike-share membership per unit, offered in the first year of occupancy;
D. One (1) pre-loaded Presto card ($100 value) per unit, offered in the first year of occupancy; and
E. A minimum of one (1) bike repair station provided on-site;

vii. The owner has, registered on title, a Limiting Distance Agreement, or similar legal instrument, over 54 Raglan Avenue, including the City as a party, that ensures that the tower portion of the proposed residential building at 40 Raglan Avenue can achieve an appropriate tower setback and separation distance to the north, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

viii. Prior to site plan approval and issuance of the first building permit, the owner shall revise and submit to the City, for review and acceptance, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the following:

A. Functional Servicing and Stormwater Management Report;
B. Hydrogeological Report;
C. Servicing Report Groundwater Summary Form; and
D. Hydrogeological Review Summary Form.

ix. The owner will pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing and Stormwater Management Report, should it be determined that upgrades to such infrastructure are required to support this development.

6. City Council approve the Rental Housing Demolition Application 21 212466 STE 12 RH in accordance with Chapter 667 of the Toronto Municipal Code and pursuant to Section 111 of the City of Toronto Act, 2006 which allows for the demolition of 62 existing rental dwelling units located at 40 Raglan Avenue, subject to the following conditions:

a) The owner shall provide and maintain sixty-two (62) replacement rental dwelling units for a period of at least 20 years beginning from the date that each replacement rental unit is first occupied. During such 20-year period, no replacement rental dwelling unit shall be registered as a condominium or any other form of ownership housing that provides a right to exclusive possession of a dwelling unit, including life-lease or co-ownership, and no application shall be made to demolish any replacement rental dwelling unit or convert any replacement rental unit to a non-residential rental purpose. The sixty-two (62) replacement rental dwelling units shall collectively contain a total gross floor area of at least 3,119 square metres and be comprised of twenty-seven (27) studio units, twenty-eight (28) one-bedroom units, and seven (7) two-bedroom units, all of which shall contain a balcony or terrace, as generally illustrated in the plans prepared by by E. Corazza and J. Chimienti and dated April 29, 2022, with any revision to these plans being to the satisfaction of the Chief Planner and Executive Director, City Planning;

b) The owner shall provide and maintain at least twenty-four (24) studio, twenty-two (22) one-bedroom, and five (5) two-bedroom units at affordable rents, as currently defined in the Toronto Official Plan, and the remaining three (3) studio, six (6) one-bedroom, and two (2) two-bedroom units at mid-range rents, as currently defined in the Toronto Official Plan, for a period of at least ten (10) years beginning from the date of first occupancy of each unit.

c) The owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants of the sixty-two (62) existing rental dwelling units proposed to be demolished, addressing the right to return to occupy one of the replacement rental dwelling units at similar rents, the provision of alternative accommodation at similar rents in the form of rent gap payments, and other assistance to mitigate 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;

d) The owner shall provide tenants of all sixty-two (62) replacement rental dwelling units with access to, and use of, all indoor and outdoor amenities in the proposed development, at no extra charge, and on the same terms and conditions as any other resident of the development, without separate entrances or the need to pre-book or pay a fee unless specifically required as a customary practice for private bookings;

e) The owner shall provide ensuite laundry in each replacement rental dwelling unit within the proposed development at no additional cost to tenants;

f) The owner shall provide central air conditioning in each replacement rental dwelling unit within the proposed development at no additional cost to tenants;

g) The owner shall provide and make available twenty (20) vehicle parking spaces for tenants of the replacement rental dwelling units. Such parking spaces shall be made available firstly to returning tenants who previously rented a vehicle parking space, secondly to returning tenants who did not previously rent a vehicle parking space, and thirdly to new tenants of the rental replacement dwelling units. Monthly parking charges for tenants who previously leased a vehicle parking space will be similar to what was previously paid. Monthly parking charges for tenants who did not previously lease a vehicle parking space will be on the same terms and conditions as any other resident of the development;

h) The owner shall provide tenants of the replacement rental dwelling units with access to all bicycle and visitor vehicular parking at no charge and on the same terms and conditions as any other resident of the development;

i) The owner shall provide fifteen (15) storage lockers to the tenants of the replacement rental dwelling units;

j) The sixty-two (62) rental dwelling units required in Recommendation 6(a) above shall be made ready and available for occupancy no later than the date by which seventy percent (70%) of the new dwelling units in the proposed development, exclusive of the replacement rental units, are made available and ready for occupancy, subject to any revisions to the satisfaction of the Chief Planner and Executive Director, City Planning; and

k) The owner shall enter into, and register on title to the lands at 40 Raglan Avenue, one or more agreement(s) to secure the conditions outlined in Recommendations 6(a) through (j) above, including an agreement pursuant to Section 111 of the City of Toronto Act, 2006, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

7. City Council authorize the Chief Planner and Executive Director, City Planning to issue Preliminary Approval of the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 for the demolition of sixty-two (62) rental dwelling units at 40 Raglan Avenue after all the following have occurred:

a) All conditions in Recommendation 6 above have been fully satisfied and secured;

b) The Zoning By-law Amendments have come into full force and effect;

c) 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; 

d) The issuance of excavation and shoring permits (conditional or full permits) for the approved development on the site;

e) The owner has confirmed, in writing, that all existing rental dwelling units proposed to be demolished are vacant; and

f) The execution and registration of agreements pursuant to Section 37 of the Planning Act and Section 111 of the City of Toronto Act, 2006 securing Recommendations 6(a) through (j) above and any other requirements of the Zoning By-law Amendments (if applicable).

8. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning has given the Preliminary Approval referred to in Recommendation 7 above.

9. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Residential Demolition Permit under Section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for at 40 Raglan Avenue after the Chief Planner and Executive Director, City Planning Division has given Preliminary Approval referred to in Recommendation 6 above, which may be included in the Rental Housing Demolition Permit under Chapter 667 pursuant to section 6.2 of Chapter 363, on condition that:

a) The owner removes all debris and rubble from the site immediately after demolition;

b) The owner erects solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building;

c) The owner erects the proposed building no later than three (3) years from the date on which the demolition of the existing rental dwelling units commences, subject to the timeframe being extended to the discretion of the Chief Planner and Executive Director, City Planning; and

d) Should the owner fail to complete the proposed development containing the sixty-two (62) replacement rental dwelling units within the time specified in Recommendation 9(c) above, the City Clerk shall be entitled to enter on the collector’s roll, as with municipal property taxes, an amount equal to the sum of twenty thousand dollars ($20,000.00) per dwelling unit for which a demolition permit is issued, and that such amount shall, until payment, be a lien or charge upon the land for which the Residential Demolition Permit is issued.

10. City Council authorize the appropriate City officials to take such actions as are necessary to implement City Council's decision, including execution of the Section 111 Agreement, Section 37 Agreement, and any other necessary agreements.

11. City Council approve 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 174 square metres located in the south portion of the site, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor;

12. City Council approve the acceptance of 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, Forestry 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, Forestry and Recreation and the Executive Director, Corporate Real Estate Management.

13. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the applicant of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation (PFR). The development charge credit shall be in an amount that is the lesser of the cost to the applicant of designing and constructing the Above Base Park Improvements, as approved by the General Manager, PFR, 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.

This report reviews and recommends approval of the applications to demolish 62 rental dwelling units and amend the Zoning By-law to permit 29-storey mixed-use building at 40 Raglan Avenue.

The proposal also contains a new 174 square metre public park.

The proposed building would contain 274 dwelling units, including 62 rental replacement units, a 19 square metre retail unit and 245 square metres of Community Agency Space. A Tenant Relocation and Assistance Plan would ensure existing tenants reserve the right to return to replacement rental units at similar rents and are provided with financial assistance to help mitigate hardship.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year, or in future years.

The City Planning Division recommends that:

1. City Council amend City of Toronto Zoning By-law 569-2013 and former City of York Zoning By-law 1-83 for the lands at 91-101 Raglan Avenue substantially in accordance with the draft Zoning By-law Amendments attached as Attachment 5 and 6 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District.

2. City Council authorize the City Solicitor to submit the necessary bill to implement the foregoing recommendations provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will issue until such time as the Section 37 Agreement is executed and registered.

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

4. City Council authorize the City Solicitor and appropriate City staff to take such actions as are required to implement City Council's decision, including the execution and implementation of appropriate agreements.

5. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act (the "Section 37 Agreement") as follows:

A. the community benefits to be secured in the Section 37 Agreement are as follows:

a. Prior to the issuance of the first above grade building permit for 91-101 Raglan Avenue, the owner shall convey the lands known municipally as 85 and 87 Raglan Avenue to the City for municipal purposes, in an acceptable environmental condition and free and clear of all encumbrances except for an easement encumbrance shared between 87 Raglan Avenue and 89 Raglan Avenue, with the following requirements:

i. the owner shall submit a Rental Housing Demolition Application for the lands at 85 and 87 Raglan Avenue, in accordance with Chapter 363-6.3. D  of the Toronto Municipal Code and pursuant to Section 111 of the City of Toronto Act, 2006; and

ii. the owner shall provide a title opinion for the lands known municipally as 85 and 87 Raglan Avenue, to the satisfaction of the City Solicitor. 

b. Prior to the issuance of the first above grade building permit for the lands, the owner shall pay to the City a cash contribution of $400,000.00 to be allocated as follows:

i. $250,000.00 in the form of a Letter of Credit, to be submitted, in the City's standard form, for public art, located off-site, to the satisfaction of the Chief Planner and Executive Director, City Planning; the owner shall submit a Public Art Plan that is in accordance with the City's Percent for Public Art Program to the satisfaction of the Chief Planner and Executive Director, City Planning, and the Ward Councillor, and that the proposed Public Art Plan is presented to representatives from the community for their review and comment, in a process led by the Ward Councillor; and the terms of the Percent for Public Art Program shall be set out in the Section 37 Agreement;

ii. A $150,000.00 payment in the form of a certified cheque for future road improvements contemplated for the Raglan Avenue corridor and adjacent local area, including (but not limited to) pavement marking and signage modifications, curb extension installations, the signalization of the Vaughan Road/Maplewood Avenue intersection, and other potential related infrastructure, to the satisfaction of the Chief Planner and Executive Director, City Planning;

c. The payment amounts identified in Recommendation 5A(b) above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18­ 10-0135-01, or its successor, calculated from the date of the execution of the Section 37 Agreement to the date of payment; and

d. In the event the cash contributions referred to in Recommendation 5A(b) above have not been used for the determined purpose within three years of the amending Zoning By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided the purpose is identified in Official Plan Policy 5.1.1 and will benefit the community in the vicinity of the lands.

e. The owner shall prepare all documents and convey to the City, at nominal cost, a 0.98-metre wide strip of land to the full extent of the site abutting the west limit of the north-south public lane, to a minimum depth of 1.2 metres from finished grade, together with right of support, such lands to be free and clear of all physical and title encumbrances, and subject to a right-of-way for access and construction purposes in favour of the Grantor until such time as the said lands have been laid out and dedicated for public lane widening purposes, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor;

f. the owner shall provide, at its own expense, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, a mid-block connection 4.0 metres wide and 5.5 metres in vertical height, with a minimum area of 156 square metres, comprised of a driveway, connecting Raglan Avenue and the north-south public lane to the west of the lands, as a surface easement  for pedestrians and vehicles. The easement is to be conveyed to the City prior to the site plan approval, pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City, and with the configuration and design to be determined to the satisfaction of the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor.

g. prior to the issuance of site plan approval the owner shall provide, at its own expense, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, a minimum area of 44.0 square metres at the front of the proposed building on Raglan Avenue, as a Privately-Owned Publicly-Accessible Space (POPS) and shall provide to the City for nominal consideration POPS easements subject to public access easements for use of the POPS by members of the general public. The owner shall own, operate, maintain and repair the POPS and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the POPS at all times of the day and night, 365 days of the year; and the specific location, configuration and design of the POPS shall be determined in the context of a site plan approval application pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City.

h. The following matters to be secured in the Section 37 Agreement as a legal convenience to support the development are as follows:

i. the provision of a commercial retail unit that is a minimum of 17.7 square metres and located on the ground floor of the proposed building at 91-101 Raglan Avenue, adjacent to the residentional lobby, fronting onto Raglan Avenue;

ii. the owner shall provide ten percent (10%) of all new residential units in the proposed development on the Lands as three-bedroom units;

iii. prior to site plan approval, the owner shall submit a Pedestrian Level Wind Study, satisfactory to the Chief Planner and Executive Director, City Planning, including wind tunnel analysis, which identifies recommendations for the outdoor amenity areas, and pedestrian realm, including the proposed park to mitigate wind impacts year-round, and the owner shall implement and maintain in support of the development all recommended mitigation measures to the satisfaction of the Chief Planner and Executive Director, City Planning;

iv. prior to site plan approval, the owner shall provide a Construction Management Plan and Neighbourhood Communication Strategy, prior to Site Plan Approval, to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the General Manager of Transportation Services and the Ward Councillor;

v. prior to site plan approval, the owner has registered on title a Limiting Distance Agreement with the City, to the satisfaction to the City Solicitor, over a portion of 105 Raglan Avenue, that ensures that the tower portion of the proposed residential building at 91-101 Raglan Avenue can achieve appropriate tower setback and separation distance to the north, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

vi. the owner shall submit documentation and/or cash contributions toward Transportation Demand Management measures, as listed below, and such cash contributions shall be paid by the owner prior to the issuance of the site plan approval for the development, in the form of certified cheques, to the satisfaction of the General Manger, Transportation Services, and such cash contribution shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication No. 18-10-0135-01, or its successor, calculated from the date of the Section 37 Agreement to the date of payment:

A. The provision of a minimum of two (s) car-share parking space;

B. Written confirmation from a car-share operator for the proposed two (2) publicly-accessible car-share spaces provided on-site;

C. One (1) bike-share membership per unit, offered in the first year of occupancy; and
D. A minimum of one (1) bike repair stations provided on site.  

vii. The owner shall shift the lateral Toronto Water connection from north of the proposed driveway to be located directly under the proposed driveway at the south of the site in order to avoid conflict with proposed public trees, to the satisfaction of the Supervisor, Tree Protection and Plan Review - TEY District, as part of the Site Plan approval process.

viii.The owner shall pay for and construct any improvements to the municipal infrastructure in connection with the accepted Functional Servicing Report, to be submitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development.

6. City Council approve the Rental Housing Demolition Application File 21 199875 STE 12 RH in accordance with Chapter 667 of the Toronto Municipal Code and pursuant to Section 111 of the City of Toronto Act, 2006 which allows for the demolition of three (3) existing rental dwelling units located at 91-101 Raglan Avenue.

7. City Council authorize the Chief Planner and Executive Director, City Planning to issue the Preliminary Approval for the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 for the demolition of the three (3) existing rental dwelling units located at 91-101 Raglan Avenue after all of the following have occurred:

a. the Zoning By-law Amendment has come into full force and effect;
 

b. the issuance of the Notice of Approval Conditions for site plan approval by the Chief Planner and Executive Director, City Planning, or designate, pursuant to Section 114 of the City of Toronto Act, 2006, or as otherwise authorized by the Chief Planner and Executive Director, City Planning; and
 

c. the issuance of excavation and shoring permits (conditional or full permit) for the approved development on the lands.

8. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning has given Preliminary Approval referred to in Recommendation 7 above.

9. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Residential Demolition Permit under Section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for 91-101 Raglan Avenue after the Chief Planner and Executive Director, City Planning has given Preliminary Approval referred to in Recommendation 7 above, which may be included in the Rental Housing Demolition Permit under Chapter 667 pursuant to section 6.2 of Chapter 363, on condition that:

a. the owner removes all debris and rubble from the site immediately after demolition;
 

b. the owner erects solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building;
 

c. the owner erects the proposed mixed use building on the site no later than five (5) years from the from the date that the demolition of such building commences, subject to the timeframe being extended to the discretion of the Chief Planner and Executive Director, City Planning; and
 

d.  should the owner fail to complete the proposed mixed use building within the time specified in Recommendation 9, the City Clerk shall be entitled to enter on the collector’s roll, as with municipal property taxes, an amount equal to the sum of twenty thousand dollars ($20,000.00) per dwelling unit for which a demolition permit is issued, and that such amount shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.

This report reviews and recommends approval of the applications to demolish a group of 6 houses which contained 3 owner-occupied units and 3 rental units, and to amend the Zoning By-law to permit a 26-storey mixed-use building at 91-101 Raglan Avenue. The building is proposed to contain 225 dwelling units, a 17.7 square metre retail unit fronting onto Raglan Avenue, a 44.1 square metre Privately Owned Publicly-Accessible Space (POPS), and a publicly-accessible driveway connecting the rear public laneway to Raglan Avenue. Three levels of underground parking are proposed with 46 vehicle parking spaces for residents and a total of 272 bicycle parking spaces.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year, or in future years.

The City Planning Division recommends that:

1. City Council amend the Official Plan, for the lands at 1481-1535 Yonge Street, 1-31 Heath Street East, 30-36 Alvin Avenue, and 22 St. Clair Avenue East substantially in accordance with the draft Official Plan Amendment attached as Attachment 4 to this report (June 13, 2022) from the Director, Community Planning, Toronto and East York.

2. City Council amend Zoning By-law 569-2013 for the lands at 1481-1535 Yonge Street, 1-31 Heath Street East, 30-36 Alvin Avenue, and 22 St. Clair Avenue East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to this report (June 13, 2022) from the Director, Community Planning, Toronto and East York.

3. City Council authorizes 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 authorize the City Solicitor to submit the necessary bill(s) to implement the foregoing recommendation(s) provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will be issued until such time as the Section 37 Agreement is executed and registered.

5. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:

a. Prior to the first above grade building permit the owner will provide a cash contribution to the City in the amount of $6,847,810:

i. $744,510.00 for the signalization of the intersection of Yonge Street and Heath Street, and/or the following: streetscape improvements; new and/or capital improvements to affordable housing; community facilities; and parks;

ii. $2,671,000.00 for the cost of the realignment of Heath Street West on the West side of Yonge Street and streetscape improvements, and/or the following: streetscape improvements; new and/or capital improvements to affordable housing; community facilities; and parks;

iii. $3,432,300.00 for new and/or capital improvements to affordable housing and/or community services and facilities.

b. Prior to issuance of the first above-grade building permit, the owner shall submit a Letter of Credit equal to 100% of the value of the streetscaping improvements. The owner will construct streetscaping improvements, including improvements in connection with the realignment of Heath Street in the public right-of-way on the East side of Yonge Street using high quality materials in areas fronting on Alvin Avenue, Yonge Street, and Heath Street East at a cost of $2,102,000.00. Improvements on Heath Street East, in connection with the realignment, will include civil works such as removals, relocation of catch basins, paving and hydro pole relocation at a further value of $1,426,000.00.

c. The owner agrees that it will make a contribution (the “Public Art Contribution”) equal to $1,626,100.00 towards Public Art in accordance with the Public Art program.

d. Prior to Site Plan Approval, the owner shall prepare, at its expense, a Public Art Plan (the “Public Art Plan”) for the provision of Public Art upon the Site or adjacent City-owned lands, and submit the Public Art Plan to the Toronto Public Art Commission for recommendation and to Council for approval.

e. The Public Art Plan, must meet the requirements of the Percent for Public Art Program. The Plan must include the degree of collaboration, the proposed location of the Public Art work within the overall Public Art Plan, the Jury composition, the budget, the distribution of the budget, the proposed timing of each part of the Public Art Plan in relation to the development of the Site and if the call for proposals is to be by invitation, a draft proposal call and a list of the artists to whom the proposal call is intended to be sent. The owner agrees to consider site potential in terms of public use, scale, coherence, visibility, safety, accessibility, narrative endowment and urban design objectives. The budget shall include the estimated cost of each proposed Public Art work and collaborative Public Art work above the Reasonable Base Costs of such element.

f. The owner shall deepen the affordability level and extend the affordability period for sixteen (16) of the eighteen (18) replacement rental dwelling units with mid-range rents, comprised of at least 1,096 square metres of residential Gross Floor Area, where at least five (5) studio units, five (5) one-bedroom units, and six (6) two-bedroom units are provided at affordable rents, as currently defined in the City's Official Plan, for a period of at least 99 years beginning from the date of first occupancy of each unit, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

i. the owner shall provide and maintain the (16) replacement rental dwelling units with affordable rents (the "Affordable Housing Units") at Affordable Rents for the 99 year affordability period. The initial rent (inclusive of utilities) charged to the first tenants of any Affordable Housing Units shall not exceed 100% of the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report;

ii. if one of the Affordable Housing Units becomes vacant and is re-rented to a new tenant during the 99 year affordability period, the initial rent (inclusive of utilities) charged to the new tenant shall not exceed 100% of the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report

iii. after the first year of occupancy of any of the Affordable Housing Units and for the duration of the 99 year affordability period, the rent (inclusive of utilities) charged to the first tenants or new tenants occupying such unit may be escalated annually by not more than the annual provincial rent guideline, regardless of whether such guideline is applicable to the units under the Residential Tenancies Act or any successor legislation governing residential tenancies in Ontario, until the tenancy ends;

iv. notwithstanding the annual rent increases permitted in iii. above, the rent (inclusive of utilities) charged to any first tenants or new tenants occupying an Affordable Housing Unit during the 99 year affordability period shall not be increased to an amount that exceeds 100% of the average 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; and

v. the City's Centralized Affordable Housing Access System will be used to advertise and select tenants, provided it is in place. In addition, at least six months in advance of the replacement rental dwelling units with affordable rents being made available for rent, the owner shall develop and implement an Access Plan to ensure units are rented to eligible households in consultation with, and to the satisfaction of the Chief Planner and Executive Director, City Planning and Executive Director, Housing Secretariat.

6. City Council also direct that the following be secured in the Section 37 Agreement as a legal convenience to secure matters required to support the development:

a. Prior to the later of condominium registration and the first residential use of Tower 1, the construction, provision and maintenance of a continuous pedestrian connection from the POPS described in 6 j) below, connecting to the south property line with a knock out panel at or below grade, or through other means to facilitate an indoor connection to the existing TTC subway entrance;

b. The owner will provide a bus shelter at or near the intersection of Yonge Street and Heath Street;

c. Prior to Site Plan Approval the owner will plan all future utility connections to be grouped/located away from trees in order to minimize and streamline potential tree planting conflicts, and in coordination with Engineering and Construction Services. Maintenance holes, sampling ports, and the P1 floorplan (e.g. mechanical room, storage tanks, etc.) may need to be reconfigured. Additionally, if the building will be serviced by Enbridge gas, the location of the gas connection must be identified and should also be located away from trees in order to avoid conflicts with tree roots.

d. Prior to Site Plan Approval, the owner shall submit a Pedestrian Level Wind Study, satisfactory to the Chief Planner and Executive Director, City Planning, including wind tunnel analysis, which identifies recommendations for the pedestrian realm and the outdoor areas of the podiums to mitigate wind impacts year-round, and the owner shall implement and maintain in support of the development the recommended mitigation measures to the satisfaction of the Chief Planner and Executive Director, City Planning;

e. Prior to the issuance of Site Plan Approval, a Construction Management Plan and Neighbourhood Communication Strategy must be submitted to the satisfaction of the Chief Planner and Executive Director, City Planning Division in consultation with the Executive Director, Engineering and Construction Services and the Ward Councillor;

f. Pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report, to be resubmitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development.

g. Prior to the earlier of Site Plan Approval or the first building permit for shoring and excavation, the owner shall submit the following materials for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services:

i. Functional Servicing and Stormwater Management Report;
ii. Hydrogeological Report;
iii. Servicing Report Groundwater Summary Form;
iv. Hydrogeological Review Summary Form; and

v. Fire Flow Test.

h. Prior to Site Plan Approval, all applicable plans including sections will be required to identify a minimum pedestrian clearway of 3.5 metres along Yonge Street, and a minimum pedestrian clearway of 2.1 metres along Alvin Street and Heath Street.

i. Prior to Site Plan Approval for development, or if phased then at each phase, a Transportation Impact Study will be submitted, and all recommendations will be secured as part of the Site Plan Agreement, and be constructed and paid by the owner, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

j. Prior to the later of condominium registration or the first residential use of last residential building on the lands, the owner will provide to the City for nominal consideration, Privately Owned Publicly-Accessible Space (POPS) easements over the new courtyard with a minimum area of 270 square metres, for public access and provisions for rights of support if necessary, encumbrances, and insurance and indemnification of the City by the owner, to the satisfaction of the Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning, and the City Solicitor. The owner shall own, operate, maintain and repair the POPS. The owner shall install and maintain signage in a location to be determined through Site Plan Approval, at its own expense, stating that members of the public shall be entitled to use the POPS between the hours of 6am to 11:59pm, 365 days a year;

k. Prior to (i) the later of condominium registration of Tower 1 and Tower 3; or (ii)  the later of the first residential use of Tower 1 and Tower 3, the owner will convey to the City for nominal consideration, a minimum 2.5-metre wide easement over the pedestrian connection from Yonge Street to the POPS indicated in recommendation 6 j) above, to provide public access for use by the general public, which easements shall include provisions for rights of support if necessary, encumbrances, and insurance and indemnification of the City by the

owner, to the satisfaction of Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning, and the City Solicitor. The owner shall own, operate, maintain and repair the easement;

l. Prior to the later of condominium registration or the first residential use of Tower 2 and Building 1, the owner will convey to the City for nominal consideration, a minimum 2.5-metre wide easement over the pedestrian connection from Alvin Avenue to the POPS indicated in recommendation 6 j) above, to provide public access for use by the general public, which easement shall include provisions for rights of support if necessary, encumbrances, and insurance and indemnification of the City by the owner, to the satisfaction of Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning, and the City Solicitor. The owner shall own, operate, maintain and repair the easement;

m. The owner shall provide on-site dog off-leash amenities with proper disposal facilities or dog relief stations within each building accessible to all building residents;

n. Once all the buildings are constructed, a minimum of 10% of all dwelling units on the lands must have a minimum of three bedrooms.

7. City Council approve 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 1,560 square metres located in the northwest portion of the development site, with the remaining parkland dedication to be provided as a cash-in-lieu payment prior to the first above grade building permit, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

8. City Council approve the acceptance of 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, an existing TTC subway tunnel, and an underground parking garage, where such encumbrances are deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor; and such encumbrances will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management.

9. 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, Forestry 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, PFR, 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.

10. City Council direct City staff to continue discussions with the applicant regarding the purchase of the property at the southwest corner of Heath Street and Yonge Street (1566-1568 Yonge Street) to allow for the realignment of the Yonge Street and Heath Street intersection. The details of the purchase, including fair market value of the property, to be determined at a later date, and reported to City Council for approval as necessary.

11. City Council approve the Rental Housing Demolition Application File No. 19 134877 STE 12 RH in accordance with Chapter 667 of the Toronto Municipal Code and pursuant to Section 111 of the City of Toronto Act, 2006 which allows for the demolition of thirty-six (36) existing rental dwelling units located at 7, 25, 27, 29 and 31 Heath Street East, and 36 Alvin Avenue, subject to the following conditions:

a. The owner shall provide and maintain forty (40) replacement rental dwelling units on the subject site for a period of at least 20 years beginning from the date that each replacement rental dwelling unit is first occupied. During such 20-year period, no replacement rental dwelling unit shall be registered as a condominium or any other form of ownership housing that provides a right to exclusive possession of a dwelling unit, including life-lease or co-ownership, and no application shall be made to demolish any replacement rental dwelling unit or convert any replacement rental unit to a non-residential rental purpose;

b. The forty (40) replacement rental dwelling units shall be comprised of eight (8) studio units, ten (10) one-bedroom units, twenty-one (21) two-bedroom units, and one (1) three-bedroom unit with a total gross floor area of at least 3,055 square metres, that as part of the Site Plan Control process, the owner shall provide updated floor plans to reflect recommendations 11 b) i. to 11 b) vii. below, to the satisfaction of the Chief Planer and Executive Director, City Planning. For further clarity, the specifications for the replacement units shall be as follows:

i. All ten (10) one-bedroom replacement rental dwelling units will have bedrooms with an exterior window;

ii. A minimum of ten (10) two-bedroom replacement rental dwelling units shall have no internal bedrooms and have a minimum size of at least 81.5 square metres (877 square feet), of which at least one (1) unit shall have a balcony or terrace;

iii. A minimum of one (1) two-bedroom replacement rental dwelling unit shall have a no internal bedrooms and be at least 167.2 square metres (1800 square feet), and shall have a balcony or terrace;

iv. A minimum of one (1) three-bedroom replacement rental dwelling units shall have a maximum of one internal bedroom, be at least 176.5 square metres (1,900 square feet), and shall have a balcony or terrace;

v. A total of at least five (5) Replacement Rental Units shall have a balcony, patio or terrace; and,

vi. Any revision to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning.

c. The location and final specifications of the forty (40) replacement rental units within the proposed development shall be determined prior to the issuance of Notice of Approval Conditions of Site Plan approval for the phase the replacement rental units are located in, to the satisfaction of the Chief Planner and Executive Director, City Planning;

d. The owner shall provide and maintain at least three (3) studio units, four (4) one-bedroom units, and fourteen (14) two-bedroom replacement rental dwelling units at affordable rents; and five (5) studio units, six (6) one-bedroom units, and seven (7) two-bedroom replacement rental dwelling units at mid-range rents, as currently defined in the City's Official Plan, for a period of at least 10 years beginning from the date of first occupancy of each unit. The one remaining three-bedroom replacement rental dwelling unit shall have unrestricted rents;

e. The owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants of the thirty-six (36) existing rental dwelling units proposed to be demolished, addressing the right to return to occupy one of the replacement rental dwelling units at similar rents, the provision of alternative accommodation at similar rents in the form of rent gap payments, and other assistance to mitigate 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;

f. The owner shall provide tenants of all forty (40) replacement rental dwelling units with access to, and use of, all indoor and outdoor amenities in the proposed development at no extra charge, and on the same terms and as any other resident of the development, without the need to pre-book or pay a fee unless specifically required as a customary practice for private bookings;

g. The owner shall provide central air conditioning in each replacement rental dwelling unit within the proposed development at no additional cost to tenants;

h. The owner shall provide and make available for rent a minimum of six (6) vehicle parking spaces to tenants of the replacement rental dwelling units;

i. The owner shall provide tenants of the forty (40) replacement rental dwelling units with access to all bicycle and visitor parking on the same terms and conditions as any other resident of the development;

j. The owner shall enter into, and register on title at 7, 25, 27, 29 and 31 Heath Street East, and 36 Alvin Avenue, one or more agreement(s), to secure the conditions outlined in Recommendations 11 a) through 11 i) above, including an agreement pursuant to Section 111 of the City of Toronto Act, 2006, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

12. City Council authorize the Chief Planner and Executive Director, City Planning, to issue Preliminary Approval of the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code for the demolition of the thirty-six (36) existing rental dwelling units located at 7, 25, 27, 29 and 31 Heath Street East, and 36 Alvin Avenue, after all the following have occurred:

a. All conditions in Recommendation 11 above have been fully satisfied and secured;

b. The Official Plan and Zoning By-law Amendments have come into full force and effect;

c. The issuance of the Notice of Approval Conditions for Site Plan Approval by the Chief Planner and Executive Director, City Planning Division or their designate, pursuant to Section 114 of the City of Toronto Act, 2006;

d. The issuance of excavation and shoring permits (conditional or full permit) for the approved development on the site;

e. The owner has confirmed, in writing, that all existing rental dwelling units proposed to be demolished are vacant; and

f. The execution and registration of an agreement pursuant to Section 37 of the Planning Act securing Recommendations 11 a) through 11 j) above

13. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning Division has given Preliminary Approval referred to in Recommendation 12 above.

14. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Residential Demolition Permit under Section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for 7, 25, 27, 29 and 31 Heath Street East, and 36 Alvin Avenue,  after the Chief Planner and Executive Director, City Planning Division has given Preliminary Approval referred to in Recommendation 12 above, which may be included in the Rental Housing Demolition Permit under Chapter 667 pursuant to section 6.2 of Chapter 363, on condition that:

a. The owner removes all debris and rubble from the site immediately after demolition;

b. The owner erects solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building;

c. The owner erects the proposed building on site no later than five (5) years from the date that the demolition of such building commences, subject to the timeframe being extended to the discretion of the Chief Planner and Executive Director, City Planning; and

d. Should the owner fail to complete the proposed building within the time specified in Recommendation 14 c) above, the City Clerk shall be entitled to enter on the collector’s roll, as with municipal property taxes, an amount equal to the sum of twenty thousand dollars ($20,000.00) per dwelling unit for which a demolition permit is issued, and that such amount shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.

This report reviews and recommends approval of the application to amend the Official Plan and Zoning By-law to permit a mixed-use development at 1481-1535 Yonge Street, 1-31 Heath Street East, 30-36 Alvin Avenue, and 22 St. Clair Avenue East. The development consists of four residential buildings at 44, 39, 27 and 13-storeys, a new 1,560 square metre park at the northwest corner of the site, a central courtyard privately owned publicly-accessible space (POPS) approximately 1,400 square metres in size, a mid-block pedestrian connection, and the realignment of the Yonge Street and Heath Street intersection. The buildings are proposed to contain 1,361 dwelling units (including 38 rental replacement units) and 20,524 square metres of retail space. Three levels of underground parking are proposed with 500 vehicle parking spaces (including 200 Toronto Parking Authority spaces) and a total of 1,741 bicycle parking spaces.

Prior to the property purchase referenced in recommendation 8. above, a subsequent report will be submitted to the General Government and Licensing Committee (GGLC) and City Council identifying the details of the purchase, including fair market value of the property and all other anticipated costs. The subsequent report will identify funding and will seek final approval for the purchase of the property.

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the information presented in the Financial Impact section.

The City Planning Division recommends that:

1. City Council amend Zoning By-law 569-2013 for the lands at 29, 35, 41 and 75 Basin Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to the report (June 7, 2022) 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.

This report provides information in support of a City-initiated rezoning of 29, 35, 41, and 75 Basin Street, to permit a new production studio known as Basin Media Hub in the Port Lands. Basin Media Hub is a partnership between CreateTO and Hackman Capital Partners that will result in a purpose-built state-of-the-art film, television and digital media hub on 3.6 hectares (8.9 acres) of CreateTO property at 29, 35 and 41 Basin Street and 2.0 hectares (5.0 acres) of private lands at 75 Basin Street.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year, or in future years.

The Senior Manager, Heritage Planning, Urban Design, City Planning recommends that:

1. City Council consent to the application to alter the designated property at 95 St. Joseph Street, with conditions, under Part IV, Section 33 of the Ontario Heritage Act for the reasons stated in the report (May 24, 2022) from the Senior Manager, Heritage Planning, Urban Design, City Planning and with such alterations substantially in accordance with the plans and drawings dated October 20, 2021 prepared by CORE Architects Inc. on file with the Senior Manager, Heritage Planning, Urban Design, City Planning and the Heritage Impact Assessment prepared by ERA Architects Inc. dated March 10, 2022 and on file with the Senior Manager, Heritage Planning, Urban Design, City Planning, all subject to and in accordance with an approved Conservation Plan satisfactory to the Senior Manager, Heritage Planning and subject to the following conditions:

a. That the related site specific Official Plan Amendment and Zoning By-law Amendment have come into full force and effect.

b. That the owner:

1. Enter into a Heritage Easement Agreement with the City for the property at 95 St. Joseph Street in accordance with the plans and drawings dated October 20, 2021 prepared by CORE Architects Inc., and on file with the Senior Manager, Heritage Planning, Urban Design, City Planning, the Heritage Impact Assessment prepared ERA Architects Inc., dated March 10, 2022, and in accordance with the Conservation Plan required in Recommendation 1.b.2 to the satisfaction of the Senior Manager, Heritage Planning, including registration of such agreement to the satisfaction of the City Solicitor.

2. Provide a detailed Conservation Plan, prepared by a qualified heritage consultant that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 95 St. Joseph Street prepared by ERA Architects Inc., dated March 10, 2022, to the satisfaction of the Senior Manager, Heritage Planning.

3. Recommendation b. 1. and 2. above are required to be satisfied prior to the introduction of the bill for any Zoning By-law Amendment related to the property, unless other legal mechanisms are utilized so as to satisfy the City Solicitor that no Building Permit will be issued until such time as the Owner has entered into the Heritage Easement Agreement and registered the agreement on title.  In any case, the Conservation Plan must be accepted and the Heritage Easement Agreement must be entered into and registered no later than December 9, 2022, or such later date as may be agreed by the owner and the Senior Manager, Heritage Planning in writing, failing which this condition will be determined to be unfulfilled.

c. That prior to Site Plan approval for the proposed Official Plan Amendment and Zoning By-law Amendment for the property located at 95 St. Joseph Street, the subject owner shall:

1. Provide final Site Plan drawings substantially in accordance with the approved Conservation Plan required in Recommendation 1.b.2 to the satisfaction of the Senior Manager, Heritage Planning.

2. Provide a Heritage Lighting Plan that describes how the exterior of the subject heritage property will be sensitively illuminated to enhance its heritage character to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning.

3. Provide a detailed Landscape Plan for the subject property, satisfactory to the Senior Manager, Heritage Planning.

4. Provide an Interpretation Plan for the subject property, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning.

5. Submit a Signage Plan for the subject property to the satisfaction of the Senior Manager, Heritage Planning.

6. Provide full documentation of Newman Hall Chapel, including two (2) printed sets of archival quality 8” x 10” colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set on a USB flash drive in tiff format and 600 dpi resolution keyed to a location map, elevations and measured drawings, and copies of all existing interior floor plans and original drawings as may be available, to the satisfaction of the Senior Manager, Heritage Planning.

d. That prior to the issuance of any permit for all or any part of the property at 95 St. Joseph Street, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building, as are acceptable to the Senior Manager, Heritage Planning,  the related site specific Official Plan and Zoning By-law Amendments giving rise to the proposed alterations have come into full force and effect and the owner of the subject property shall:

1.  Have entered into a Heritage Easement Agreement with the City required in Recommendation 1.b.1.

2. Provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Recommendation 1.b.2 including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Planning.

3. Provide a Letter of Credit, including provision for upwards indexing, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Planning to secure all work included in the approved Conservation Plan, Lighting Plan and Interpretation Plan.

e. That prior to the release of the Letter of Credit required in Recommendation 1.d.3, the owner shall:

1. Provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation, lighting and interpretive work has been completed in accordance with the Conservation Plan, Lighting Plan and Interpretation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning.

2. Provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning.

2. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of the property at 95 St. Joseph Street in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

3. City Council authorize the City Solicitor to introduce the necessary bill in Council authorizing the entering into of a Heritage Easement Agreement for the property at 95 St. Joseph Street.

This report recommends that City Council approve the alterations proposed for St. Basil's Seminary (designated under Part IV of the Ontario Heritage Act) in connection with the development of the subject property. The development is the subject of an Official Plan Amendment and a Zoning By-law Amendment application under the Planning Act.

The property contains St. Basil's Seminary, now known as the Cardinal Flahiff Basilian Centre, which is an important example of the work of the great, 20th-century Canadian architect and engineer, Ernest Cormier (1885-1980). Cormier's other notable commissions include the Supreme Court of Canada building in Ottawa. The four-storey seminary complex was completed in 1951 as part of the Basilian Fathers centennial project to expand St. Michael's College. The seminary expresses Cormier's characteristic balance of Modernism with tradition and the St. Basil's Seminary Chapel interior, is especially significant as representative of Cormier's work. The property also contains Newman Hall Chapel, designed in 1913 by Arthur W. Holmes.

The development application proposes a 39-storey, mixed-use tower with a 12-storey podium that incorporates a portion of St. Basil's Seminary and relocates the interior Seminary Chapel. The retained portions of the Seminary are proposed to be restored in the alternative location with minor modifications to support the new interior programming. The Newman Hall Chapel is proposed to be demolished. Overall, the alterations conserve the onsite and adjacent heritage properties and are consistent with the existing heritage policy framework. The heritage impacts of the development proposal are appropriately mitigated through the overall conservation strategy.

There are no financial implications resulting from the adoption of this report.

At its meeting on June 14, 2022, the Toronto Preservation Board considered Item PB35.4 and forwarded the Item without recommendation.

Summary from the report (May 24, 2022) from the Senior Manager, Heritage Planning, Urban Design, City Planning:

This report recommends that City Council approve the alterations proposed for St. Basil's Seminary (designated under Part IV of the Ontario Heritage Act) in connection with the development of the subject property. The development is the subject of an Official Plan Amendment and a Zoning By-law Amendment application under the Planning Act.

The property contains St. Basil's Seminary, now known as the Cardinal Flahiff Basilian Centre, which is an important example of the work of the great, 20th-century Canadian architect and engineer, Ernest Cormier (1885-1980). Cormier's other notable commissions include the Supreme Court of Canada building in Ottawa. The four-storey seminary complex was completed in 1951 as part of the Basilian Fathers centennial project to expand St. Michael's College. The seminary expresses Cormier's characteristic balance of Modernism with tradition and the St. Basil's Seminary Chapel interior, is especially significant as representative of Cormier's work. The property also contains Newman Hall Chapel, designed in 1913 by Arthur W. Holmes.

The development application proposes a 39-storey, mixed-use tower with a 12-storey podium that incorporates a portion of St. Basil's Seminary and relocates the interior Seminary Chapel. The retained portions of the Seminary are proposed to be restored in the alternative location with minor modifications to support the new interior programming. The Newman Hall Chapel is proposed to be demolished. Overall, the alterations conserve the onsite and adjacent heritage properties and are consistent with the existing heritage policy framework. The heritage impacts of the development proposal are appropriately mitigated through the overall conservation strategy.

The City Planning Division recommends that:

1. City Council approve the Rental Housing Demolition application (19 263430 STE 04 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of twelve (12) existing rental dwelling units at 1540-1550 Bloor Street West, subject to the following conditions:
 

a) The owner shall provide and maintain twelve (12) replacement rental dwelling units for a period of at least 20 years beginning from the date that each replacement rental unit is first occupied. During such 20-year period, no replacement rental unit shall be registered as a condominium or any other form of ownership housing that provides a right to exclusive possession of a dwelling unit, including life-lease or co-ownership, and no application shall be made to demolish any replacement rental unit or convert any replacement rental unit to a non-residential rental purpose. The twelve (12) replacement rental units shall collectively contain a total gross floor area of 763 square metres and be comprised of one (1) studio unit, four (4) one-bedroom units, and seven (7) two-bedroom units, as generally illustrated in the plans prepared by IBI Group and dated May 5, 2022. Any revision to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning.

b) The owner shall provide and maintain twelve (12) replacement rental dwelling units, including at least seven (7) two-bedroom units, four (4) one-bedroom units, and one (1) studio unit, at affordable rents, as currently defined in the Toronto Official Plan, for a period of at least ten (10) years beginning from the date of first occupancy of each unit.

c) The owner shall provide an acceptable Tenant Relocation and Assistance Plan to the one (1) Eligible Tenant of the twelve (12) existing rental dwelling units proposed to be demolished, addressing the right to return to occupy one of the replacement rental dwelling units at similar rents, the provision of alternative accommodation at similar rents in the form of rent gap payments, and other assistance to mitigate 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.

e) The owner shall provide tenants of all twelve (12) replacement rental dwelling units with access to, and use of, all indoor and outdoor amenities in the proposed development at no extra charge, and on the same terms and conditions as any other resident of the development, without the need to pre-book or pay a fee unless specifically required as a customary practice for private bookings.

 
f) The owner shall provide ensuite laundry in each replacement rental dwelling unit within the proposed development at no additional cost to tenants.

g) The owner shall provide central air conditioning in each replacement rental dwelling unit within the proposed development at no additional cost to tenants.

         
h) The owner shall provide tenants of the replacement rental dwelling units with access to visitor vehicular parking at no charge and on the same terms and conditions as it is offered to any other resident of the proposed development.

i) The owner shall provide and make available at least eleven (11) bicycle parking spaces to tenants of the replacement rental dwelling units at no charge and on a first come-first serve basis.

j) The twelve (12) replacement rental dwelling units required in Recommendation  1a) shall be made ready and available for occupancy no later than the date by which seventy percent (70%) of the new dwelling units in the proposed development, exclusive of the replacement rental units, are made available and ready for occupancy.

k) The owner shall enter into, and register on title to the lands at 1540-1550 Bloor Street West, one or more agreement(s) to secure the conditions outlined in Recommendations 1a) through 1j) above, including an agreement pursuant to Section 111 of the City of Toronto Act, 2006, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

 
2. City Council authorize the Chief Planner and Executive Director, City Planning to issue Preliminary Approval of the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 for the demolition of the twelve (12) existing rental dwelling units at 1540-1550 Bloor Street West after all the following have occurred:
 

a) all conditions in Recommendation 1 above have been fully satisfied and secured;

 
b) the Zoning By-law Amendment has come into full force and effect;

c) the issuance of 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;

 
d) the issuance of excavation and shoring permits (conditional or full permits) for the approved development on the site;

 
e) the owner has confirmed, in writing, that all existing rental dwelling units proposed to be demolished are vacant; and

f) the execution and registration of agreements pursuant to Section 37 of the Planning Act and Section 111 of the City of Toronto Act, 2006 securing Recommendations 1a) through 1j) above and any other requirements of the Zoning-Bylaw Amendment (if applicable).

 
3. City Council authorize the Chief Building Official and Executive Director, Toronto Building Division to issue a Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning has given Preliminary Approval referred to in Recommendation 2 above.
 

4. City Council authorize the Chief Building Official and Executive Director, Toronto Building Division to issue a Residential Demolition Permit under Section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for 1540-1550 Bloor Street West after the Chief Planner and Executive Director, City Planning has given Preliminary Approval referred to in Recommendation 2 above, which may be included in the Rental Housing Demolition Permit under Chapter 667 pursuant to section 6.2 of Chapter 363, on condition that:
 

a) the owner removes all debris and rubble from the site immediately after demolition;

 
b) the owner erects solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building Division;

 
c) the owner erects the proposed building no later than three (3) years from the date on which the demolition of the existing buildings commences, subject to the timeframe being extended at the discretion of the Chief Planner and Executive Director, City Planning Division; and

 
d) should the owner fail to complete the proposed development containing the twelve (12) replacement rental dwelling units within the time specified in Recommendation 4c) above, the City Clerk shall be entitled to enter on the collector’s roll, as with municipal property taxes, an amount equal to the sum of twenty thousand dollars ($20,000.00) per dwelling unit for which a demolition permit is issued, and that such amount shall, until payment, be a lien or charge upon the land for which the Residential Demolition Permit is issued.

 
5. City Council authorize the appropriate City officials to take such actions as are necessary to implement City Council's decision, including execution of the Section 111 agreement and other related agreements.

This application proposes to demolish the existing two-storey mixed-use buildings, which collectively contain 12 rental dwelling units, to permit the redevelopment of the lands with a 27-storey apartment building comprised of 354 dwelling units, including

12 affordable replacement rental units and 14 new affordable rental units. As of the date of this report, the total Gross Floor Area (GFA) of the proposed development would be 23,987 square metres, including 663 square metres of non-residential GFA, resulting in a Floor Space Index (FSI) of 9.73 times the site area.

The properties are also the subject of a Zoning By-law Amendment (ZBA) application (19 263422 STE 04 OZ), which was appealed to the Ontario Land Tribunal (OLT), formerly the Local Planning Appeal Tribunal (LPAT), in June 2020 (Case No. PL200248) on the basis of City Council's failure to make a decision on the application within the timeframe prescribed by the Planning Act. On November 9, 2021, a settlement offer was endorsed by City Council and, on February 4, 2022, the OLT issued a Decision approving the ZBA application in principle and witheld its final Order until outstanding matters, including a decision by City Council on the Rental Housing Demolition application, are resolved.

This report recommends approval of the Rental Housing Demolition application under Chapter 667 of the Toronto Municipal Code and the Residential Demolition Permit under Chapter 363 of the Toronto Municipal Code, subject to conditions.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year or in future years.

The City Planning Division recommends that:

1. City Council amend the Official Plan for the lands at 316 – 336 Campbell Avenue substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 5 to the report (June 8, 2022) from the Director, Community Planning, Toronto and East York District.

2. City Council amend Zoning By-law 569-2013 for the lands at 316 – 336 Campbell substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to the report (June 8, 2022) 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 Zoning By-law Amendment as may be required.

4. City Council authorize the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement City Council's decision.

5. City Council require Campont Developments Limited ("the Owner") to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:

a) The Owner's section 37 contribution consists of providing and maintaining twenty-one (21) new affordable rental dwelling units on the lands at 316-336 Campbell Avenue (the "Affordable Housing Units"), all to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Executive Director, Housing Secretariat;

b) The Affordable Housing Units are to be conveyed to Community Affordable Housing Solutions or another non-profit affordable housing provider chosen by the City in its sole discretion (the "Provider") as a stratified freehold parcel;

c) The Affordable Housing Units shall be in accordance with the following:

i. at least one of the Affordable Housing Units shall be a three-bedroom unit with a minimum unit size of 82 square metres with the combined 3 bedroom units having an average size of 82 square metres;

ii. at least eight of the Affordable Housing Units shall be two-bedroom rental units with a minimum unit size of 54 square metres  with the combined 2 bedroom units having an average size of 59.45 square metres;

iii. no more than 12 of the Affordable Housing Units shall be one-bedroom rental units with a minimum unit size of 40.9 square metres  with the combined 1 bedroom units having an average size of 46.1 square metres;

iv. The unit sizes described in recommendations 5.c.i to 5.c.iii may vary by a maximum of three percent (3%), but only as a result of reasonable adjustments which may be required for the purposes of accommodating final structural or mechanical design. All such adjustments must be made to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat;

v. All units will be located within one contiguous floor within the podium of the development;

vi. the Affordable Housing Units shall be provided and maintained as secured rental housing for a minimum period of 99 years beginning from the date that each such unit is first occupied (the "Affordability Period"). During the Affordability Period, no Affordable Housing Unit shall be registered as a condominium unit or any other form of ownership housing that provides a right to exclusive possession of a dwelling unit, including life lease or co-ownership, and no application shall be made to demolish any Affordable Housing Unit or to convert any Affordable Housing Unit to a non-residential rental purpose. Upon the expiration of the Affordability Period, the Owner shall continue to provide and maintain the units as rental dwelling units, unless and until such time as the Owner has applied for, and obtained, all approvals necessary to do otherwise;

vii. the initial rent (inclusive of utilities) charged to the first tenants of any Affordable Housing Units shall not exceed 100 percent of the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report, and the project average across the Affordable Housing Units shall not exceed 80 percent of the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report;

viii. if an Affordable Housing Unit becomes vacant and is re-rented to a new tenant during the Affordability Period, the initial rent (inclusive of utilities) charged to the new tenant shall not exceed 100 percent of the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report, and the project average across the Affordable Housing Units shall not exceed 80 percent of the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report;

ix. after the first year of occupancy of any Affordable Housing Units and for the duration of the Affordability Period, the rent (inclusive of utilities) charged to tenants occupying such unit may be escalated annually by not more than the annual provincial rent guideline, regardless of whether such guideline is applicable to the units under the Residential Tenancies Act or any successor legislation governing residential tenancies in Ontario, until the tenancy ends;

x. notwithstanding the annual rent increases permitted in vii. above, the rent (inclusive of utilities) charged to any tenants occupying an Affordable Housing Unit during the Affordability Period shall not be increased to an amount that exceeds 100 percent of the average 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, and the project average across the Affordable Housing Units shall not exceed 80 percent of the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report;

xi. at least six months in advance of any new Affordable Housing Units being made available for rent to the general public, the Owner shall develop and implement a Tenant Access Plan to ensure units are rented to eligible households in consultation with, and to the satisfaction of the Executive Director, Housing Secretariat;

xii. the new Affordable Housing Units shall be made ready and available for occupancy no later than the date by which 70 percent of the new dwelling units in the new building are available and ready for occupancy, or to the satisfaction of, the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat;

xiii. the Owner shall provide all tenants of the affordable rental dwelling units with access to, and use of, all indoor and outdoor amenities in the building in which such tenant resides at no extra charge; access to, and use of, these amenities shall be provided on the same terms and conditions as any other resident of the building without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings;

xiv. access to, and use of, these amenities shall be provided on the same terms and conditions as any other resident of the building in which the Affordable Housing Units are located, without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings;

xv. the Owner shall provide all tenants of the Affordable Housing Units with laundry facilities on the same basis as other units within building in which the Affordable Housing Units are located at no extra charge;

xvi. the Owner shall provide all tenants of the Affordable Housing Units with access to permanent and visitor bicycle parking/bicycle lockers on the same terms and conditions as any other resident of the building in which the Affordable Housing Units are located, and in accordance with the Zoning By-law; and

xvii. prior to the issuance of the first building permit for a residential use on any part of the site, including permits for excavation and shoring, the Owner shall enter into a municipal housing facility agreement with the City (the "Contribution Agreement"), for the Affordable Housing Units that are approved for Open Door incentives, on terms satisfactory to the Executive Director, Housing Secretariat and in a form satisfactory to the City Solicitor. The Owner shall provide such Affordable Housing Units in accordance with such agreement(s).

xviii. The Owner shall enter into an agreement of purchase and sale ("APS") for the conveyance of the Affordable Housing Units to the Provider and the City (with the City as a contingent transferee) at a discounted maximum total purchase price of $6,798,634 prior to the issuance of the first above grade building permit for the development, which APS shall be subject to the following terms:

          A. the APS shall be assignable by the City of Toronto to another non-profit Provider at the City of Toronto's sole discretion; and

          B. the City of Toronto shall not be liable to pay any deposit penalty, or liquidated damages to the Owner or the Provider in the event the City terminates the APS for any reason, including failure of the Provider to close on the transaction, a lack of funding to complete the transaction, or the City being unsuccessful in identifying an alternate Provider;

xix. The Owner and the Provider will enter into a shared facilities agreement for 99 years, on the following terms:

          A. the shared facilities agreement will allocate costs proportionately            based on each party's actual share of the shared facilities;

          B. the Owner shall discount 50% of the Provider's share of the shared facilities costs under the shared facilities agreement for 99 years;

          C. the Owner (including any condominium corporation or other assignee) shall not have the right to unilaterally amend the shared facilities agreement, nor shall the shared facilities agreement be amended to directly or indirectly increase the share of costs that the Provider is responsible for paying under the shared facilities agreement for the 99 year term; and

          D. the shared facilities agreement shall otherwise be on commercially reasonably terms.

xx. if the Owner fails to enter into the APS as required or the conveyance of the Affordable Housing Units to the Provider does not close for any reason, the Owner shall provide and maintain the Affordable Housing Units in accordance with this Part 5.

6. City Council also direct that the following be secured in the Section 37 Agreement as matters of legal convenience to secure matters required to support the development:

a) The Owner shall provide a minimum of 10 percent of all new units in the proposed development as three-bedroom units;

b) The Owner shall provide a minimum of 25 percent of all new units in the proposed development as two-bedroom units;

c) The Owner shall provide a privately owned publicly accessible open space ("POPS") of a minimum 140 square metres at the southeast corner of the site, whereby as a pre-approval condition to Site Plan Approval for the development, the Owner shall convey to the City, for nominal consideration, easement(s) along the surface of the lands, to the satisfaction of the City Solicitor, which shall constitute the POPS and any required public access easements to connect the POPS to adjacent POPS and/or public rights-of-way, where necessary; and the Owner shall own, operate, maintain and repair the POPS and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the POPS at all times of the day and night, 365 days of the year; and the specific location, configuration and design of the POPS shall be determined in the context of a site plan approval satisfactory to the Chief Planner and Executive Director, City Planning, pursuant to section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City;

d) the Owner will construct and maintain the Development in accordance with Tier 1, Toronto Green Standard, and the Owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the Development Site;

e) implementation of all recommended mitigation measures included in all reports, studies, and plans submitted by the Owner, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the appropriate City official;

f) As part of the application for Site Plan Control, the Owner shall submit a comprehensive Construction Management Plan for each stage of the construction process, to the satisfaction of the General Manager, Transportation Services, the Chief Building Official and Executive Director, Toronto Building and the Ward Councillor. The Construction Management Plan will include, but not be limited to the following construction-related details: noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, parking and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, and any other matters requested by the General Manager, Transportation Services, in consultation with the Ward Councillor;

g) Prior to the issuance of the first above grade building permit, the Owner shall provide an offsite parkland dedication within 500 m of the development site to the satisfaction of General Manager, Parks, Forestry and Recreation. If an appropriate site cannot be found, a cash-in lieu payment will be provided instead to the satisfaction of the General Manager, Parks, Forestry and Recreation.

7.  City Council approve the Rental Housing Demolition application (21 138112 STE 09 RH) under Chapter 667 of the Toronto Municipal Code pursuant to section 111 of the City of Toronto Act, 2006 to permit the demolition of nine existing rental dwelling units at 316, 318, 320, 332 and 336 Campbell Avenue:

a) The Owner shall provide and maintain nine replacement rental dwelling units for a period of at least 20 years beginning from the date that each replacement rental unit is first occupied. During such 20 year period, no replacement rental dwelling unit shall be registered as a condominium or any other form of ownership housing that provides a right to exclusive possession of a dwelling unit, including life-lease or co-ownership, and no application shall be made to demolish any replacement rental dwelling unit or convert any replacement rental unit to a non-residential rental purpose. The nine replacement rental dwelling units shall collectively have a total gross floor area of at least 456.2 square metres and be comprised of one studio unit, three one-bedroom units, and five two-bedroom units;

b) The replacement rental units will be similar in size, by unit type, to the demolished rental units to the satisfaction of the Chief Planner and Executive Director, City Planning. The average replacement rental unit size, by unit type, shall be no less than 97% of the average demolished rental unit size, by unit type. Revised floor plans for the replacement units indicating the sizes, and location of the nine replacement rental units will be provided prior to the issuance of Notice of Approval Conditions for Site Plan Approval, to the satisfaction of the Chief Planner and Executive Director, City Planning;

c) At least two of the rental replacement units will have a private outdoor balcony and/or patio;

d) The Owner shall provide and maintain at least one one-bedroom unit and two two-bedroom units at no more than 60% of affordable rent, one studio unit and two one-bedroom units at no more than 90% of affordable rents, and three two-bedroom units at mid-range rents, as currently defined in the Toronto Official Plan, for a period of at least ten years beginning from the date of first occupancy of each unit.

e) The Owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants, addressing the right to return to occupy one of the replacement rental dwelling units at similar rents, the provision of alternative accommodation at similar rents in the form of rent gap payments, and other assistance to mitigate 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;

f) The Owner shall provide tenants of all nine replacement rental dwelling units with access to, and use of, all indoor and outdoor amenities in the proposed development, at no extra charge, and on the same terms and conditions as any other resident of the development, without separate entrances or the need to pre-book or pay a fee unless specifically required as a customary practice for private bookings;

g) The Owner shall provide ensuite laundry in each replacement rental dwelling unit within the proposed development at no additional cost to tenants;

h) The Owner shall provide central air conditioning in each replacement rental dwelling unit within the proposed development at no additional cost to tenants;

i) The Owner shall provide and make available for rent a minimum of two vehicle parking spaces to tenants of the replacement rental dwelling units. The terms and conditions for renting parking spots to tenants of the replacement units shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

j) The Owner shall provide tenants of the nine replacement rental dwelling units with access to all bicycle and visitor parking on the same terms and conditions as any other resident of the proposed development;

k) The Owner shall provide four storage lockers to tenants of the replacement rental dwelling units. The terms and conditions for renting storage lockers to tenants of the replacement units shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

l) The nine rental dwelling units required in recommendation 7a) above shall be made ready and available for occupancy no later than the date by which 70% of the new dwelling units in the proposed development, exclusive of the replacement rental units, are made available and ready for occupancy, subject to any revisions to the satisfaction of the Chief Planner and Executive Director, City Planning; and

m) The Owner shall enter into, and register on title to the lands at 316-332 Campbell Avenue, one or more agreement(s) to secure the conditions outlined in recommendations  7a) through 7l) above, including an agreement pursuant to Section 111 of the City of Toronto Act, 2006, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

8. City Council authorize the Chief Planner and Executive Director, City Planning to issue Preliminary Approval of the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code pursuant to section 111 of the City of Toronto Act, 2006 for the demolition of nine rental dwelling units at 316, 318, 320, 332 and 336 Campbell Avenue after all the following have occurred:

a) All conditions in Recommendation 7 above have been fully satisfied and secured;

b) A tenant consultation meeting, led by City Staff, for eligible tenants has taken place;

c) The Zoning By-law Amendment(s) have come into full force and effect;

d) 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, or as otherwise authorized by the Chief Planner and Executive Director, City Planning;

e) The issuance of excavation and shoring permits (conditional or full permit)  for the approved development on the site;

f) The Owner has confirmed, in writing, that all existing rental dwelling units proposed to be demolished are vacant; and

g) The execution and registration of agreements pursuant to section 37 of the Planning Act and section 111 of the City of Toronto Act, 2006 securing recommendations  7a) through 7l) above and any other requirements of the Zoning-Bylaw Amendment.

9. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning Division has given Preliminary Approval referred to in Recommendation 8 above.

10. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Residential Demolition Permit under section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for 316-332 Campbell Avenue after the

Chief Planner and Executive Director, City Planning has given the Preliminary Approval referred to in recommendation 8 above, which may be included in the Rental Housing Demolition Permit under Chapter 667 pursuant to section 6.2 of Chapter 363, on condition that:

a) The Owner removes all debris and rubble from the site immediately after demolition;

b) The Owner erects solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building;

c) The Owner erects the proposed building no later than three years from the date on which the demolition of the existing rental dwelling units commences, subject to the timeframe being extended to the discretion of the Chief Planner and Executive Director, City Planning; and

d) Should the Owner fail to complete the proposed development containing the nine replacement rental dwelling units within the time specified in recommendation  9 c) above, the City Clerk shall be entitled to enter on the collector’s roll, as with municipal property taxes, an amount equal to the sum of $20,000.00 per dwelling unit for which a demolition permit is issued, and that such amount shall, until payment, be a lien or charge upon the land for which the Residential Demolition Permit is issued.

11. City Council authorize the Executive Director, Housing Secretariat, to negotiate and execute a municipal housing facility agreement (the "Contribution Agreement") with Campont Developments Limited (or a related corporation) and/or Community Affordable Housing Solutions (or a related corporation), or a non-profit housing provider approved by the Executive Director, Housing Secretariat, at their sole discretion (the "Provider"), for the provision of Open Door Incentives, for development of 21 Affordable Housing Units at 316-336 Campbell Avenue to secure 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.

12. City Council approve the provision of financial incentives pursuant to the City's Open Door Affordable Housing Program in relation to the Affordable Housing Units as follows:

a) City Council exempt the 21 affordable rental dwelling units at 316-336 Campbell Avenue from taxation for municipal and school purposes for the 99-year term of the municipal housing facility agreement; and

b) City Council authorize the 21 new affordable rental dwelling units at 316-336 Campbell Avenue to be eligible for waivers of fees for planning applications, building permits and parkland dedication, and for development charges exemptions, unless already paid.

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 delivery of the Affordable Housing Units, including any documents required by the Owner or the Provider to complete pre-development activities, construction and secure construction and 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 Council.

14. 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 Contribution Agreement.

15. City Council authorize the City to be a party to the agreements of purchase and sale contemplated to be entered into for the Affordable Housing Units as a contingent transferee, in order to ensure the benefit of the Affordable Housing Units is secured for the intended purposes until the transaction is complete.

16. City Council authorize the Executive Director, Housing Secretariat to execute the agreements of purchase and sale and any other documents required to complete the purchase of the Affordable Housing Units, including an assignment of the agreements of purchase and sale for the Affordable Housing Units to Solutions the Provider.

17. City Council authorize the Executive Director, Housing Secretariat to administer and manage the transaction relating to the Affordable Housing Units in consultation with the Executive Director, Corporate Real Estate Management, including the provision of any consents, approvals, waivers and notices, provided that they may, at any time, refer consideration of any such matters (including their content) to City Council for consideration and direction, all as may be required.

This application proposes to demolish and replace nine rental dwelling units and amend the Official Plan and Zoning By-law 569-2013 to permit a new 26-storey residential building with a four storey base building at 316-336 Campbell Avenue with 313 residential units, a minimum 140 square metre Privately-Owned Publicly Accessible Open Space ("POPS") at grade and 103 parking spaces.

The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020), conforms to the relevant policies of the Official Plan and maintains the intent and purpose of the applicable design guidelines.

This report reviews and recommends approval of the application to amend the Zoning By-law and the Rental Housing Demolition Application. The report also recommends approval of Open Door Affordable Rental Housing Program incentives for 21 new affordable rental/co-op units in the development.

This report recommends City Council approval of financial incentives under the Open Door Affordable Housing Program of approximately $1,781,657 to support the development of 21 affordable rental homes at 316-336 Campbell Avenue.

The proposed financial incentives through the Open Door Affordable Housing Program includes exemption from development charges, planning and building permit fees, and property taxes for 99 years. Based on applicable fees charges, and tax exemptions, the average of these incentives is $84,841 per unit, for a total investment of approximately $1,781,657 in City incentives as outlined in Table 1 below. As this project is in the final planning approval stages, the applicable planning application fees have already been paid by the developer and will not be waived.

The provision of the affordable homes is proposed to be supported by both a community benefit contribution under Section 37 of the Planning Act, and the City's Open Door Program. Were the City to accept the proposed affordable housing units solely as a Section 37 contribution, the anticipated affordability period would have been 15 years. In exchange for receiving Open Door Program incentives for these affordable rental units, the Owner, Marlin Spring, has agreed to transfer Ownership of the affordable housing units to Community Affordable Housing Solutions (CAHS) and extend the affordable rental period to 99 years. This extended affordability period reflects the value of the City's incentives.

These incentives are not a direct capital payment from the City but rather foregone revenues that the City waives or forgives under the Open Door Affordable Housing Program. Values are based on 2022 tax rates, 20022 AMR rates, November 2021 development charge rates, 2022 building permit fees and 2022 planning fees.

Table 1 - Breakdown of Value of Open Door Program Incentives

At current 2022 rates, the value of the annual property tax exemption is estimated at $21,980. The net present value over the 99 year-term is estimated at $693,386 as summarized in Table 2 below:

Table 2 - Property Tax Exemption

A tax exemption would have no net present impact to the City for the educational portion of taxes remitted to the Province.

In the event of default, the Contribution Agreement will provide that the by-law providing the property tax exemption be repealed.

The Chief Financial Officer and Treasurer have reviewed this report and agrees with the financial impact information provided.

1. City Council amend former City of Toronto Zoning By-law 438-86, as amended by Zoning By-law 367-2019(OMB) for the lands at 390 to 440 Dufferin Street and 41 Alma Avenue substantially in accordance with the draft Zoning By-law Amendment forming Attachment 6 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District.

2. City Council authorize the City Solicitor to submit the necessary bill(s) to implement the foregoing recommendation provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will issue until such time as the Section 37 Agreement is executed and registered.

3. City Council require the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act to further amend the existing Section 37 Agreement to provide for the City to be able to exercise an option to accept a cash payment of $2,416,451.00 for local community benefits in the vicinity of the subject site.

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

5. City Council authorize the City's acquisition of the parcel of land described in Attachment 2 (the “WTRP Requirement”) from 390 Dufferin GP Inc. in its capacity as general partner of 390 Dufferin Residences LP (the “Owner”), in exchange for the notional market value of the stratified parcels described in Attachment 2 (the “Balcony Encroachments”) to be retained by the Owner, all substantially on the terms and conditions set out in Attachment 2, and including such other terms as deemed appropriate by the Executive Director, Corporate Real Estate Management or their designate, and in a form satisfactory to the City Solicitor.

6. City Council authorize the City to enter into a licence agreement with the Owner for the temporary use of the Future Road until dedicated a public highway, substantially on the terms set out in Attachment 4 and including such other terms as deemed appropriate by the Executive Director, Corporate Real Estate Management or their designate, and in a form satisfactory to the City Solicitor.

This report recommends approval of the City-initiated application to amend the Section 37 Provisions set out in site-specific Zoning By-law 367-2019(OMB) for the property at 390 to 440 Dufferin Street and 41 Alma Avenue. The proposal would revise the terms of the previously secured obligation for the City and owner to enter into a lease for a small business incubation centre, to allow the City to elect not to enter into the lease and the owner to provide a cash payment towards local community benefits instead.

This report further recommends that staff be authorized to acquire part of the subject lands from the 390 Dufferin GP Inc. in its capacity as general partner of 390 Dufferin Residences LP for the extension of the West Toronto Railpath in a fair market value exchange for balcony encroachments above a future public street, and recommends that a reduced annual licence fee be authorized for the owner's temporary use and maintenance of the future public street required to be conveyed by the owner to the City in advance of its dedication.

The Recommendations of this report have financial implications as described below.

The City Planning Division confirms that there are no financial implications resulting from Recommendations 1 to 4 included in this report in the current budget year or in future years.

Recommendations 5 and 6 have financial implications in the current and future budget years. The WTRP Requirement will be acquired for nominal compensation in exchange for the notional value of the Balcony Encroachments as described below.

City appraisal staff have determined that the Balcony Encroachments located above the Future Road are valued at $140,000 while the WTRP Requirement was appraised at a value of $108,000. The exchange will be for nominal consideration however, the City of Toronto will be responsible for the registration costs of $78.79, and the Land Transfer Tax of $805, upon closing with funding available from the 2022-2031 Council Approved Capital Budget and Plan for Transportation Services under capital account CTP820-05-01.

The City will also enter into a licence agreement with the Owner for the temporary use of the Future Road until dedicated a public highway for a reduced annual licence fee of $10,000 per year. The Owner will be responsible for all liabilities, repairs and maintenance in the interim.

The Deputy City Manager and Chief Financial Officer have reviewed this report and agree with the financial impact information.

The City Planning Division recommends that:

1. City Council amend Zoning By-law 569-2013 for the lands at 640 Lansdowne Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District.

2. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

This report reviews and recommends approval of the application to amend the Zoning By-law to permit a seven-storey mixed-use building at 640 Lansdowne Avenue. The building is proposed to contain 256 long-term care beds, 57 affordable rental dwelling units, and non-residential space on the ground floor fronting Lansdowne Avenue. This project meets the City's objective of increasing new affordable housing opportunities for seniors, including those with mental and physical disabilities, and by providing safe, secure and affordable housing for a range of people in Toronto.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year, or in future years.

The City Planning Division recommends that:

1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 14 Duncan Street and 180 to 188 Pearl Street substantially in accordance with the draft Zoning By-law Amendment included as Attachment No. 11 to the report (June 13, 2022) 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 authorize the City Solicitor to submit the necessary bill to implement the foregoing recommendations provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will issue until such time as the Section 37 Agreement and the Heritage Easement Agreement are executed and registered.

4. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act, securing the following community benefits:

a. Prior to the issuance of the first above-grade building permit, the owner shall make a cash contribution in the amount of two million, eight hundred thousand ($2,800,000.00) to be directed towards the provision of Community Services and Facilities within or serving Ward 10, which may include such facilities identified through the Downtown West Services and Facilities Review, and/or towards above-base streetscape improvements to Duncan Street and/or Pearl Street, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

b. Prior to the issuance of the first above-grade building permit, the owner shall make a cash contribution of seven hundred thousand ($700,000.00) dollars to be allocated towards the provision of new affordable housing and/or the Toronto Community Housing Corporation revolving capital fund for repairs to Toronto Community Housing Corporation housing in Ward 10, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor

c. the amounts above will be indexed upwardly in accordance with Statistics Canada Non-Residential Building Construction Price Index for the Toronto Census Metropolitan Area, reported by Statistics Canada in the Building Construction Price Indexes Table: 18-10-0135-01, or its successor, calculated from the date of the execution of the Section 37 Agreement to the date the payment is made; and

d. in the event the cash contributions referred to in Recommendations 4 a) and 4 b) above has not been used for the intended purpose within three (3) years of the amending zoning by-law coming force and effect, the cash contributions may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in Ward 10.

5. City Council direct that the following matters also be secured in the Section 37 Agreement as a legal convenience in support of the development:

a. Prior to the commencement of any excavation or shoring work, the owner shall submit a Construction Management Plan to the satisfaction of the General Manager, Transportation Services and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor and thereafter in support of the development, will implement the Plan during the course of construction.  The Construction Management Plan will include, but not be limited to the following construction-related details: noise, dust, size and location of staging areas, location and function of access gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, parking and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, and any other matters requested by the General Manager, Transportation Services, in consultation with the Ward Councillor.

b. Prior to the earlier of Site Plan Approval or the first building permit for shoring and excavation, the owner shall submit the following materials for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services:

            i. Updated Functional Servicing Report;

            ii. Updated Hydrogeological Assessment Report;

            iii. Servicing Report Groundwater Summary Form; and

            iv. Hydrogeological Review Summary Form.

c. Prior to the earlier of Site Plan Approval or the first building permit for shoring and excavation, the owner shall submit an application to Toronto Water, Environmental Monitoring and Protection Unit and obtain discharge approval under MCC 681-6.

d. Prior to the earlier of Site Plan Approval or the first building permit for shoring and excavation, the owner shall pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing and Stormwater Management Report, to be resubmitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development.

e. The owner shall construct and maintain the development of the site in accordance with Tier 1, Toronto Green Standard, and the owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the site.

6. City Council declare, pursuant to subsection 45(1.4) of the Planning Act, R.S.O. 1990, c. P.13 for the purposes of subsection 45(1.3) of the Planning Act, R.S.O. 1990, c. P.13, that the owner, may be permitted to apply to amend the site specific zoning by-law for the lands at 14 Duncan Street and 180 to 188 Pearl Street before the second anniversary of the first day on which any part of the site specific by-law comes into effect.

This report reviews and recommends approval of the application to amend the Zoning By-law to permit a 48-storey mixed-use building at 14 Duncan Street and 180 to 188 Pearl Street. The application proposes to integrate existing heritage buildings on site into a new base building containing 6,041 square metres of office space and 564 square metres of retail space, with a new tower above with 369 dwelling units. A total of 410 bicycle parking spaces are proposed, as well as 126 vehicle parking spaces in a four-level underground garage, and two loading spaces at-grade.

The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) and the City of Toronto Official Plan.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year or in future years.

The City Planning Division recommends that:

1. City Council rescind its previous decisions on Item 2018 TE32.3 and Item 2019.TE8.10.

2. City Council amend Zoning By-law 438-86, for the lands at 25 and 35 Liberty Street, 58 Atlantic Avenue and 51, 61, and 65 Jefferson Avenue, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment #5 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District.

3. City Council authorizes the City Solicitor to submit the necessary bills to implement the foregoing recommendations provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will issue until such time as the Section 111 Agreement and Section 37 Agreement, and any other necessary agreements, including agreements securing off-site replacement rental dwelling unit requirements, are executed and registered.

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

5. Prior to introducing the necessary Bills to City Council for enactment of the Zoning By-law Amendment, City Council require the owner to:

a. Enter into a Heritage Easement Agreement with the City for the property at 58 Atlantic Avenue to the satisfaction of the Senior Manager, Heritage Planning, City Planning and the City Solicitor, and in accordance with the recommendations of April 6, 2018 Staff Report (2018.TE32.4) to the Toronto Preservation Board from the Senior Manager, Heritage Planning including registration of such agreement to the satisfaction of the City Solicitor.

6. City Council approve the modified Rental Housing Demolition Application File No. 15 130397 STE 14 RH in accordance with Chapter 667 of the Toronto Municipal Code and pursuant to Section 111 of the City of Toronto Act, 2006 which allows for the demolition of forty-two (42) existing live-work rental dwelling units located at 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61 and 65 Jefferson Avenue, subject to the following conditions:

a. Not less than twenty (20) replacement live-work rental dwelling units shall be provided and maintained on the subject site for a period of at least 20 years beginning from the date that each replacement live-work rental dwelling unit 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 during the, at minimum, 20 year period; the twenty (20) replacement live-work rental dwelling units shall be comprised of five (5) studio units, fourteen (14) one-bedroom units, and one (1) two-bedroom unit, as generally illustrated in the plans submitted to the City Planning Division dated May 13, 2022. Any revision to these plans, including the number of units and unit mix, shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. Not less than thirty (30) off-site replacement rental dwelling units shall be provided and maintained at 11 and 25 Ordnance Street for a period of at least 20 years beginning from the date that each replacement rental dwelling unit 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 during the, at minimum, 20 year period; the thirty (30) replacement rental dwelling units shall be comprised of twenty-nine (29) one-bedroom units and one (1) two-bedroom unit as generally illustrated in the plans submitted to the City Planning Division dated June 13, 2022. Any revision to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

c. The owner shall, as part of the fifty (50) replacement rental dwelling units required in Recommendations 6.a) and 6.b) above, provide on-site at 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61 and 65 Jefferson Avenue, at least one (1) studio and three (3) one-bedroom replacement live-work rental dwelling units at affordable rent, as currently defined in the City's Official Plan, and three (3) studio, eleven (11) one-bedroom, and one (1) two-bedroom replacement live-work rental dwelling units at mid-range rents, as currently defined in the City's Official Plan, all for a period of at least 10 years beginning from the date of first occupancy of each unit. The rents of the remaining one (1) replacement live-work rental dwelling unit on-site at 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61 and 65 Jefferson Avenue and thirty (30) off-site replacement rental dwelling units at 11 and 25 Ordnance shall be unrestricted subject to recommendation 6.d. below;

d. The owner shall provide an acceptable tenant relocation and assistance plan for all Eligible Tenants of the forty-two (42) existing live-work rental dwelling units proposed to be demolished at 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61 and 65 Jefferson Avenue, addressing the right to return to occupy one of the replacement live-work rental dwelling units on the subject site at similar rents and other assistance to mitigate 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;

e. The owner shall provide the right to return to occupy one of the replacement live-work rental dwelling units on the subject site at similar rents to all Other Eligible Tenants, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

f. The owner shall provide tenants of all twenty (20) replacement rental dwelling units located on-site with access to, and use of, all residential indoor and outdoor amenities in the proposed building at no extra charge. Access to, and use of, these amenities shall be provided without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings, all to the satisfaction of the Chief Planner and Executive Director, City Planning Division;

g. Tenants of all thirty (30) off-site replacement rental dwelling units located at 11 and 25 Ordnance Street shall have access to, and use of, all residential indoor and outdoor amenities in the 39-storey mixed-use building at no extra charge. Access to, and use of, these amenities shall be on the same terms and conditions as any other resident of the building without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings;

h. Central air conditioning and ensuite laundry shall be provided in each replacement rental dwelling unit within the mixed-use building at 11 and 25 Ordnance Street at no additional cost to tenants;

i. Tenants of the thirty (30) replacement rental dwelling units at 11 and 25 Ordnance Street shall have with access to all bicycle and visitor parking on the same terms and conditions as any other resident of the proposed mixed-use building;

j. The owner shall provide central air conditioning and ensuite laundry in each on-site replacement live-work rental dwelling unit within the proposed commercial office building on-site at no additional cost to tenants;

k. The owner shall provide and make available for rent at least nine (9) vehicle parking spaces to tenants of the replacement rental dwelling units on-site. Such parking spaces shall be made available firstly to returning tenants who previously rented a vehicle parking space, secondly to returning tenants who did not previously rent a vehicle parking space, and thirdly to new tenants of the on-site replacement live-work rental dwelling units;

l. The owner shall provide tenants of the twenty (20) replacement live-work rental dwelling units on-site with access to all resident bicycle and visitor parking spaces in the proposed commercial office building at no additional cost to tenants;

m. The owner shall provide at least ten (10) storage lockers to tenants of the replacement live-work rental dwelling units within the proposed commercial office building; and

n. The owner of 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61 and 65 Jefferson Avenue shall enter into and register on title, one or more agreement(s), to secure the conditions outlined in Recommendations 6.a) through 6.m) above, including an agreement pursuant to Section 111 of the City of Toronto Act, 2006 on the development lands, and the off-site replacement rental dwelling units contemplated in Recommendations 6 .b) and 6. g) h) and i) shall be secured by one or more agreement(s) registered on title to the 10 and 25 Ordnance Street lands, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

7. City Council authorize the Chief Planner and Executive Director, City Planning, to issue Preliminary Approval of the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code for the demolition of the forty-two (42) existing live-work rental dwelling units located at 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61 and 65 Jefferson Avenue after all the following have occurred:

a. All conditions in Recommendation 6 above have been fully satisfied and/or secured;

b. The Zoning By-law Amendment has come into full force and effect;

c. 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;

d. The issuance of excavation and shoring permits (conditional or full permit) for the approved development on the site;

e. The owner has confirmed, in writing, that all existing live-work rental dwelling units proposed to be demolished are vacant;

f. The execution and registration of an agreement pursuant to Section 111 of the City of Toronto Act, 2006; and

g. The execution and registration of agreements pursuant to Section 37 of the Planning Act securing Recommendations 6.a) through 6.n) above and Recommendations 10. d) iv. and v. below, including an agreement securing the off-site replacement rental dwelling unit requirements at 11 and 25 Ordnance Street, and any other requirements of the Zoning-Bylaw Amendment.

8. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning has given Preliminary Approval referred to in Recommendation 7 above.

9. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Residential Demolition Permit under Section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61 and 65 Jefferson Avenue after the Chief Planner and Executive Director, City Planning has given Preliminary Approval referred to in Recommendation 7 above, which may be included in the Rental Housing Demolition Permit under Chapter 667 pursuant to section 6.2 of Chapter 363, on condition that:

a. The owner removes all debris and rubble from the site immediately after demolition;

b. The owner erects solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building;

c. The owner erects the proposed building and on-site replacement live-work rental dwelling units no later than five (5) years from the date that the demolition of the buildings commences, subject to the timeframe being extended to the discretion of the Chief Planner and Executive Director, City Planning; and

d. Should the owner fail to complete the proposed building and on-site replacement live-work rental dwelling units within the time specified in Recommendation 9.c) above, the City Clerk shall be entitled to enter on the collector’s roll, as with municipal property taxes, an amount equal to the sum of twenty thousand dollars ($20,000.00) per dwelling unit for which a demolition permit is issued, and that such amount shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.

10. City Council require the owner to enter into an Agreement, pursuant to Section 37 of the Planning Act, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, together with satisfactory provisions in the Zoning By-law Amendment, to secure the following, at the owner's expense, in connection with 25 and 35 Liberty Street, 58 Atlantic Avenue and 51, 61 and 65 Jefferson Avenue, with such agreement to be registered to the satisfaction of the City Solicitor:

a. prior to the issuance of an above-grade building permit, the owner shall make a cash contribution payable to the Treasurer, City of Toronto in the amount of $2,750,000.00 dollars, for the provision of affordable rental housing within Ward 10 within the vicinity of the site, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor.

b. The cash contribution referred to in Recommendation 10.a) above shall be indexed upwardly in accordance with the Statistics Canada Construction Price Index for Toronto, calculated from the date of the execution of the Section 37 Agreement to the date the payment is made.

c. In the event the cash contributions referred to in Recommendation 10.a) above has not been used for the intended purpose within three (3) years of the Zoning By-law Amendment coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in Ward 10;

d. The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support the development:

i. Prior to final Site Plan Approval relating to the proposed Zoning By-law Amendment for the property located 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61, and 65 Jefferson Avenue, the owner shall:

A. provide final site plan drawings substantially in accordance with the approved Conservation Plan dated May 5, 2022 by ERA Architects Inc., to the satisfaction of the Senior Manager, Heritage Planning;

B. have obtained final approval for the necessary Zoning By-law Amendment required for the development lands and such amendment shall have come into full force and effect;

C. provide a Heritage Lighting Plan that describes how the exterior of the heritage property will be sensitively illuminated to enhance its heritage character, to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning;

D. provide an Interpretation Plan for the heritage property, to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning; and

E. submit a Signage Plan to the satisfaction of the Senior Manager, Heritage Planning;

ii. Prior to the issuance of any permit for all or any part of the property at 58 Atlantic Avenue, including a heritage permit or a building permit but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Planning, the owner shall:

A. have obtained final approval for the necessary Zoning By-law Amendment required for the alterations to the property at 58 Atlantic Avenue, such Amendment to have come into full force and effect in a form and with content acceptable to City Council, as determined by the Chief Planner and Executive Director, City Planning, in consultation with the Senior Manager, Heritage Planning;

B. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan dated May 5, 2022 by ERA Architects Inc., including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant, to the satisfaction of the Senior Manager, Heritage Planning;

C. provide a Letter of Credit, including provision for upwards indexing, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Planning, to secure all work included in the approved Conservation Plan, Lighting Plan, and Interpretation Plan; and

D. prior to release of the required Letter of Credit, the owner shall  retain a qualified heritage consultant, confirming that the required conservation work and the required interpretive work has been completed in accordance with the approved Conservation Plan, approved Lighting Plan, approved Interpretation Plan and approved Signage Plan, and that an appropriate standard of conservation has been achieved, all to the satisfaction of the Senior Manager, Heritage Planning and shall provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning;

iii. Provisions incorporating the requirements set out in Recommendations 6. a) through 6. m) above;

iv. Prior to execution of an agreement pursuant to Section 111 of the City of Toronto Act, 2006 relating to the development lands, the owner shall:

A. engage a professional building measurement company or architect to re-measure and provide as-built floor plans for the thirteen (13) existing live-work rental dwelling units occupied or formerly occupied by Eligible Tenants to confirm the existing unit sizes, ceiling heights and unit types (number of bedrooms and dens), in accordance with the Ontario Building Code and Tarion Bulletin 22 and to the satisfaction of the Chief Planner and Executive Director, City Planning; and

B. reconfigure the Replacement Live-Work Rental Dwelling Unit Floor Plans for the 20 proposed on-site replacement live-work rental dwelling units to ensure that each Eligible Tenant's existing live-work rental dwelling unit is replaced with a replacement live-work rental dwelling unit of the same unit type, including dens, and within at least five (5%) per cent of the existing gross floor area of the unit, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

v. Prior to 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 for the property located 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61, and 65 Jefferson Avenue, the owner shall consult with Eligible Tenants on the floor layouts of the on-site replacement live-work rental dwelling units and the programming of on-site residential amenity spaces;

vi. Prior to the earlier of Site Plan Approval and issuance of the first building, permit, including a permit for shoring and excavation, the owner shall submit the following materials for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services:

A. updated revised Functional Servicing and Stormwater Management   Report;

B. updated Geotechnical Report;

C. updated Hydrogeological Report;

D. Servicing Report Groundwater Summary Form; and

E. Hydrogeological Review Summary Form.

vii.  Prior to the earlier of Site Plan Approval and the first building permit, including a permit for shoring and excavation, the owner shall make arrangements satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, including entering into a financially secured agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to support the development, according to an accepted Functional Servicing and Stormwater Management Report.

viii. Prior to the earlier of Site Plan Approval and issuance of the first building permit, including a permit for shoring and excavation, the owner shall submit a revised Transportation Impact Assessment Update for review and acceptance to the satisfaction of the General Manager, Transportation Service. The updated information must include, but not limited to, the following items:

A. a Transportation Demand Management (TDM) plan; and

B. a Vision Zero Implementation Plan;

ix. Prior to the earlier of Site Plan Approval and issuance of the first building permit, including a permit for shoring and excavation, the owner shall provide financial contributions (overall amount to be determined) in connection with the implementation of the Transportation Demand Management (TDM) plan and Vision Zero improvements, as determined to be required to support this development, to the satisfaction of the General Manager, Transportation Services;

x. Prior to the earlier of Site Plan Approval and issuance of the first building permit for shoring and excavation, the owner shall submit plans and drawings with the design and construction of public realm improvements on Liberty Street, Jefferson Avenue and Atlantic Avenue, to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services;

xi. Prior to the earlier of Site Plan Approval and issuance of the first building permit, including a permit for shoring and excavation, the owner shall submit a Construction Management Plan for the development lands, to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor, prior to the issuance of any permit, including a heritage permit or a building permit, and including conditional permits, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Planning, and thereafter shall implement the plan during the course of construction;

xii. Prior to the earlier of Site Plan Approval and issuance of the first building permit, including a permit for shoring and excavation, the owner shall submit plans and drawings detailing any wind mitigation measures as determined through a wind tunnel analysis undertaken, to the satisfaction of the Chief Planner and Executive Director, City Planning;

xiii. The owner will construct and maintain the development of the site in accordance with Tier 1, Toronto Green Standard, and the owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the site.

11. City Council authorize the City entering into such agreements, including an amendment to the Section 37 Agreement for 11 and 25 Ordnance Street, to secure the off-site replacement of the rental units to be demolished on the development lands at 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61, and 65 Jefferson Avenue, and the conditions as set out in Recommendations 6. b) and 6. g) to i) above, all to the satisfaction of the Chief Planner and Executive Director, City Planning and City Solicitor as required in Recommendation 6. n) above, with such agreement to be registered to the satisfaction of the City Solicitor prior to the issuance of any permit for all or any part of the development lands, including a heritage permit or a building permit, but excluding permits for such repairs and maintenance and usual and minor works for the existing heritage buildings as are acceptable to the Senior Manager, Heritage Planning.

12. City Council authorize the appropriate City officials to take such actions as are necessary to implement City Council's decision, including execution of the Section 111 Agreement, Section 37 Agreement, and any other necessary agreement(s).

13. City Council declare, pursuant to subsection 45(1.4) of the Planning Act, R.S.O. 1990, c. P.13 for the purposes of subsection 45(1.3) of the Planning Act, R.S.O. 1990, c. P.13, that the owner, may be permitted to apply to amend the site specific zoning by-law for the lands at 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61, and 65 Jefferson Avenue before the second anniversary of the first day on which any part of the site specific by-law comes into effect.

This report reviews and recommends approval of the Zoning By-law Amendment and Rental Housing Demolition applications.

This application is a further modification of a proposal adopted by City Council at its meeting of October 2, 2019, Agenda Item TE8.10, Revised Final Report for Zoning By-law Amendment and Rental Housing Demolition applications. That proposal was to permit a 10-storey (49 metre, including mechanical penthouse) commercial office building with 22,712 square metres of commercial office space, on-site replacement of 42 existing live-work rental dwelling units, and retention of the three-storey heritage building on the northeast corner of the site.

The revised application now proposes an 11-storey (49.9 metres including mechanical penthouse) commercial office building with 24,290 square metres of non-residential uses, 20 on-site replacement live-work units, 30 off-site replacement rental dwelling units and the retention of the three-storey heritage building at 58 Atlantic Avenue. Two levels of underground parking are proposed with 96 vehicle parking spaces and a total of 148 bicycle parking spaces.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year, or in future years.

The City Planning Division recommends that:

1. City Council amend the City of Toronto Zoning By-law 569-2013 for the lands at 241 Richmond Street West and 133 John Street, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to the report dated June 8, 2022, from the Director, Community Planning, Toronto and East York District.

2. City Council authorize the City Solicitor to submit the necessary bill to implement the foregoing recommendations provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will issue until such time as the Section 37 Agreement and the Heritage Easement Agreement are executed and registered.

3. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act, prior to the issuance of any building permit for the development, as follows:

a. the community benefits recommended to be secured in the Section 37 Agreement are as follows:

i. Prior to the issuance of the first above-grade building permit, the owner shall make a cash contribution in the amount of $1,240,000 for the provision of affordable housing in Ward 10 within the vicinity of the site, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor.

ii. Prior to the issuance of the first above-grade building permit, the owner shall make a cash contribution in the amount of $4,960,000 for the provision of Community Services and Facilities, parkland construction/improvements and/or streetscape improvements along Richmond Street West and/or Nelson Street in Ward 10 within the vicinity of the site, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor.

iii. All cash contributions referred to in Recommendations 3.a.i-ii above shall be indexed upwardly in accordance with the Statistics Canada Construction Price Index for Toronto, calculated from the date of the execution of the Section 37 Agreement to the date the payment is made;

iv. In the event the cash contributions referred to in Recommendations 3.a.i-ii above have not been used for the intended purposes within three (3) years of the Zoning By-law Amendment coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in Ward 10;

v. The owner shall construct, provide and maintain a Privately-Owned and Publicly-Accessible Open Space ("POPS") at 241 Richmond Street West and 133 John Street West with a minimum area of 120 square metres in the form of a mid-block connection running through the site between the west property line and the east property line, in the location generally identified in the Zoning By-law Amendment, with the specific configuration and design of the POPS to be determined and secured in the context of a review of a Site Plan Control Application for the development, to the satisfaction of the Director, Community Planning, Toronto and East York District, in consultation with the Ward Councillor; and

vi. Prior to the earlier of one (1) year from any non-residential or residential use or occupancy, including interim occupancy pursuant to the Condominium Act, 1998, and registration of the first condominium for the site, except as otherwise agreed by the Chief Planner and Executive Director, City Planning, due to unforeseen delays (eg. weather), the owner shall prepare all documents and convey to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, in priority to all title encumbrances, for nominal consideration and at no cost to the City, a public access easement in perpetuity in favour of the City over the Privately-Owned Publicly-Accessible Open Space set out in Recommendation 3.a)v. above, on terms set out in the Section 37 Agreement, satisfactory to the Chief Planner and Executive Director, City Planning.  The owner shall be responsible, at its own expense, to prepare, submit to the City for approval and deposit all required reference plans to describe the easement.

b. The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience in support of the development:

i. Prior to the commencement of any excavation or shoring work, the owner shall submit a Construction Management Plan to the satisfaction of the General Manager, Transportation Services and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor and thereafter in support of the development, will implement the Plan during the course of construction.  The Construction Management Plan will include, but not be limited to the following construction-related details: noise, dust, size and location of staging areas, location and function of access gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, parking and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, and any other matters requested by the General Manager, Transportation Services, in consultation with the Ward Councillor.

ii. Prior to the earlier of Site Plan Approval or the first building permit for shoring and excavation, the owner shall submit the following materials for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services:

            a) Updated Functional Servicing and Stormwater Management Report;

            b) Updated Hydrogeological Report;

            c) Servicing Report Groundwater Summary Form; and

            d) Hydrogeological Review Summary Form.

iii. Prior to the earlier of Site Plan Approval or the first building permit for shoring and excavation, the owner shall pay for and construct any improvements to the municipal infrastructure in  connection with the Functional Servicing and Stormwater Management Report, to be resubmitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development.

4. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

5. City Council declare, pursuant to subsection 45(1.4) of the Planning Act, R.S.O. 1990, c. P.13 for the purposes of subsection 45(1.3) of the Planning Act, R.S.O. 1990, c. P.13, that the owner, may be permitted to apply to amend the site specific zoning by-law for the lands at 241 Richmond Street West and 133 John Street before the second anniversary of the first day on which any part of the site specific by-law comes into effect.

This report reviews and recommends approval of the application to amend the Zoning By-law to permit a 40-storey mixed-use building at 241 Richmond Street West and 133 John Street. The building is proposed to contain 459 residential units and 1,273 square metres of retail space. Four levels of underground parking are proposed with 96 parking spaces for residents plus two auto share spaces. A total of 491 bicycle parking spaces are proposed. Also included in the proposed project is the conservation of two heritage buildings at 133 John Street and 241 Richmond Street West and a 4 metre wide, mid-block pedestrian connection linking John Street to a future public park to the east at 229 Richmond Street.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year or in future years.

The City Planning Division recommends that:

1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 145 Wellington Street West and 55 to 59 Simcoe Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to the report (June 16, 2022) 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 authorize the City Solicitor to submit the necessary bill to implement the foregoing recommendations provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will issue until such time as the Section 37 Agreement is executed and registered.

4. City Council authorize the City Solicitor to include such Holding provisions in the Zoning By-law as may be necessary to prevent development of the lands until such time as conditions relating to transportation or servicing improvements are satisfied, including:

a. submission of an updated Functional Servicing and Stormwater Management Report, Servicing Report Groundwater Summary, Hydrogeological Investigation Report and Hydrological Review Summary Form to the satisfaction and acceptance of the Chief Engineer and Executive Director, Engineering and Construction Services.

b. submission of an updated Transportation Report and functional drawings addressing any additional needs or impacts arising from an increase in unit count and floor area, in relation to City standards for parking, loading, vehicle manoeuvering, and solid waste collection.

c. satisfactory arrangements must be made with the Executive Director of Development Engineering and Construction Services, including any necessary agreements with the City for the design and construction of improvements to the municipal infrastructure.

5. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act, securing the following community benefits:

a. Prior to the issuance of the first above-grade building permit, the owner shall make a cash contribution in the amount of four million, four hundred thousand dollars ($4,400,000.00) to be directed towards the provision of Community Services and Facilities within or serving Ward 10, which may include such facilities identified through the Downtown West Services and Facilities Review, and/or towards public realm improvements in the vicinity of the development, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

b. Prior to the issuance of the first above-grade building permit, the owner shall make a cash contribution of one million, one hundred thousand dollars ($1,100,000.00) dollars to be allocated towards the provision of new affordable housing and/or the Toronto Community Housing Corporation revolving capital fund for repairs to Toronto Community Housing Corporation housing in Ward 10, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor

c. the amounts above will be indexed upwardly in accordance with Statistics Canada Non-Residential Building Construction Price Index for the Toronto Census Metropolitan Area, reported by Statistics Canada in the Building Construction Price Indexes Table: 18-10-0135-01, or its successor, calculated from the date of the execution of the Section 37 Agreement to the date the payment is made; and

d. in the event the cash contributions referred to in Recommendations 4 a) and 4 b) above has not been used for the intended purpose within three (3) years of the amending zoning by-law coming force and effect, the cash contributions may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in Ward 10.

6. City Council direct that the following matters also be secured in the Section 37 Agreement as a legal convenience in support of the development:

a. Prior to the commencement of any excavation or shoring work, the owner shall submit a Construction Management Plan to the satisfaction of the General Manager, Transportation Services and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor and thereafter in support of the development, will implement the Plan during the course of construction.  The Construction Management Plan will include, but not be limited to the following construction-related details: noise, dust, size and location of staging areas, location and function of access gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, parking and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, and any other matters requested by the General Manager, Transportation Services, in consultation with the Ward Councillor.

b. The owner shall prepare all documents and convey a Pedestrian Clearway Easement to the City to secure a minimum 3.0 metre wide pedestrian clearway along Wellington Street West, together with rights of support, such lands to be free and clear of all other physical obstructions and encumbrances, and subject to a right-of-way for access and construction purposes in favour of the Grantor until such time as the said lands have been laid out and dedicated for public pedestrian clearway purposes, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor, with the specific location, configuration and design to be determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, as amended, and secured in a Site Plan Agreement with the City;

c. The owner shall prepare all documents and convey a Pedestrian Clearway Easement to the City to secure a minimum 3.0 metre wide pedestrian clearway along Simcoe Street, together with rights of support, such lands to be free and clear of all other physical obstructions and encumbrances, and subject to a right-of-way for access and construction purposes in favour of the Grantor until such time as the said lands have been laid out and dedicated for public pedestrian clearway purposes, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor, with the specific location, configuration and design to be determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, as amended, and secured in a Site Plan Agreement with the City;

d. Prior to the earlier of Site Plan Approval or the first building permit for shoring and excavation, the owner shall pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing and Stormwater Management Report, to be resubmitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development.

e. The owner shall construct and maintain the development of the site in accordance with Tier 1, Toronto Green Standard, and the owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the site.

7. City Council declare, pursuant to subsection 45(1.4) of the Planning Act, R.S.O. 1990, c. P.13 for the purposes of subsection 45(1.3) of the Planning Act, R.S.O. 1990, c. P.13, that the owner, may be permitted to apply to amend the site specific zoning by-law for the lands at 145 Wellington Street West, 53 and 55 Simcoe Street before the second anniversary of the first day on which any part of the site specific by-law comes into effect.

This report reviews and recommends approval of the application to amend the Zoning By-law to permit a 60-storey mixed-use development including office, retail and residential uses, located at 145 Wellington Street West and 53 to 55 Simcoe Street. The application proposes to demolish the existing building on the site and develop a 60-storey building with 13-storeys of office space and 512 dwelling units. A total of 546 bicycle parking spaces, four loading spaces, and 39 vehicular parking spaces are proposed on the ground level and within a three-level underground garage.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year or in future years.

The City Planning Division recommends that:

1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 250 University Avenue substantially in accordance with the draft Zoning By-law Amendment included as Attachment No. 11 to the report (June 13, 2022) from the Director, Community Planning , Toronto and East York District City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

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 authorize the City Solicitor to submit the necessary bill to implement the foregoing recommendations provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will issue until such time as the Section 37 Agreement and the Heritage Easement Agreement are executed and registered.

4. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act securing the following:

a. a cash contribution of one million dollars ($1,000,000.00) to be allocated towards the provision of new affordable housing and/or the Toronto Community Housing Corporation revolving capital fund for repairs to Toronto Community Housing Corporation housing in Ward 10, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor

b. the amount above will be indexed upwardly in accordance with the Statistics Canada Residential Building Construction Price Index for the Toronto Census Metropolitan Area, reported by Statistics Canada in the Building Construction Price Indexes Table: 18-10-0135-01, or its successor, calculated from the date of the execution of the Section 37 Agreement to the date of payment which will be no later than issuance of first above grade building permit;

c. in the event the cash contribution referred to in Recommendations 3.a) and 3 b) above has not been used for the intended purpose within three (3) years of the amending zoning by-law coming into force and effect, the cash contributions may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; and

d. prior to the earlier of first residential occupancy or Condominium Registration, the owner shall, at its own sole cost and expense, design, construct and thereafter maintain, to the satisfaction of the Chief Planner and Executive Director, City Planning, and the Toronto Transit Commission (TTC), a fully-accessible entrance and below-grade pedestrian tunnel connection from 250 University Avenue connecting to the existing Line 1 (Yonge-University) Osgoode Subway Station in replacement of the stairs located within the Queen Street West sidewalk, generally in the configuration shown on the concept plan included as Attachment No. 10 to this Report.

The estimated value of the foregoing work is a minimum of five million dollars ($5,000.000.00). Further details as to the specifics of the TTC Connection, including: the TTC's design specifications and standards to fully integrate the TTC Connection to the Development; the supply and installation of payment turnstiles/gates by the owner at its sole cost and expense if determined to be required by the TTC; and the entrance connection fee to be paid by the owner to the TTC as a result of the TTC's permission to allow the Owner to connect the Development to the TTC facilities, all of which shall be determined and secured to the satisfaction of the Chief Planner and Executive Director, City Planning and the TTC at the time of and through Site Plan Approval for the Development

5. City Council also direct that the following be secured in the Section 37 Agreement as a legal convenience to secure matters required to support the development:

a. The owner shall submit a comprehensive Construction Management Plan for each stage of the construction process, to the satisfaction of the General Manager, Transportation Services, the Chief Building Official and Executive Director, Toronto Building, the Chief Planner and Executive Director, City Planning and the Ward Councillor. The Construction Management Plan will include, but not be limited to the following construction-related details: noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, parking and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, and any other matters requested, in consultation with the Ward Councillor;

b. The owner shall submit a Functional Servicing Report to the City for review and acceptance by Engineering and Construction Services, which will determine whether the municipal water, sanitary and storm sewer systems can support the proposed development and whether upgrades or improvements of the existing municipal infrastructure are required;

c. The owner shall enter into a financially secured agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to support the development, according to the Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;

d. The owner shall prepare all documents and convey a Pedestrian Clearway Easement to the City to secure a 2.8 metre wide pedestrian clearway along Richmond Street West (north of the existing Bell Canada conduit chamber), together with rights of support, such lands to be free and clear of all other physical obstructions and encumbrances, and subject to a right-of-way for access and construction purposes in favour of the Grantor until such time as the said lands have been laid out and dedicated for public pedestrian clearway purposes, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor, with the specific location, configuration and design to be determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, as amended, and secured in a Site Plan Agreement with the City;

e. As a condition of Site Plan Approval for the Lands, or any portion thereof, the owner shall, at its sole expense provide civil, functional, and traffic control signal plans for the design and construction of a curb re-alignment along the University Avenue frontage, in accordance with the City's Lane Width and Curb Radii Design Guidelines, as required by the General Manager, Transportation Services (the “Curb Realignment”).  As a condition of Site Plan Approval, the owner shall be responsible for constructing the Curb Realignment, along with any related cycling infrastructure, intersection improvements or relocation of signal infrastructure, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services, generally in accordance with a conceptual plan prepared by IBI Group Architects and dated December 21, 2021 with any modifications determined to be acceptable to the Chief Planner in consultation with the Chief Engineer and the General Manager, Transportation Services through the Site Plan Approval process.

f. As a condition of Site Plan Approval, the owner shall make satisfactory arrangements and enter into any appropriate agreement(s) with the City to complete the Curb Realignment along with any related cycling infrastructure, intersection improvements or relocation of signal infrastructure; and the owner shall provide any related Letters of Credit and engineering fees to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

g. As a condition of Site Plan Approval, a Transportation Demand Management Plan, identifying appropriate transportation demand management measures, will be submitted, and will contribute to a demonstrated reduction in travel demand, and shall include, but will not be limited to the following measures: two (2) car-share parking spaces; a $50,000 payment for a bike-share station in the vicinity of the Lands; one (1) car-share membership per unit, offered for the first year of occupancy; one (1) bike-share membership per unit, offered for the first year of occupancy; one (1) pre-loaded Presto card ($100 value), offered for the first year of occupancy; additional cycling-related amenities, including showers and change rooms; and a minimum of two (2) bike repair stations; and/or other transportation demand management measures.

The specific location, configuration, quantity, and design of the transportation demand management measures shall be determined in the context of the Site Plan Application process, pursuant to Section 114 of the City of Toronto Act, 2006, and secured in the Site Plan Agreement for the Development.  The owner shall provide and operate the Transportation Demand Measures identified in the approved Transportation Demand Management Plan, and secured in the Site Plan Agreement for the Development, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Transportation Services. and

h. The owner shall construct and maintain the development of the site in accordance with Tier 1, Toronto Green Standard, and the owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application.

6. City Council, pursuant to subsection 45(1.4) of the Planning Act, R.S.O. 1990, c. P.13, permit applications for minor variances from City of Toronto Zoning By-law 569-2013 in respect of the development at 250 University Avenue before the second anniversary of the day on which the Zoning By-law Amendment in Recommendation 1 above is enacted.

This report reviews and recommends approval of the application to amend the Zoning By-law to permit a 48-storey mixed use building incorporating the existing Bank of Canada designated heritage building at 250 University Avenue. The application proposes 698 square metres of retail space and 12,063 square metres of office space within the conserved base building and 512 residential units in a new tower addition above. The proposal would integrate an access to the TTC Line 1 Osgoode Station into the ground floor of the building, replacing the existing stairs within the Queen Street West sidewalk. A total of 576 bicycle parking spaces and 46 vehicular parking spaces are proposed in four underground levels, and two loading spaces are proposed on the ground floor.

The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) and the City of Toronto Official Plan.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year or in future years.

The City Planning Division recommends that:

1. City Council amend the City of Toronto Official Plan, for the lands at 7 Vanauley Street, substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 5 to the report (June 14, 2022) from the Director, Community Planning, Toronto and East York District.

2. City Council amend City of Toronto Zoning By-law No. 569-2013 for the lands at 7 Vanauley Street, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to this report (June 14, 2022) from the Director, Community Planning, Toronto and East York District.

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

This report reviews and recommends approval of the Official Plan and Zoning By-law amendment application to permit a six-storey residential addition to the existing two-storey YMCA Vanauley Street Centre for Youth building located at 7 Vanauley Street. The proposed addition would contain 31 affordable dwelling units and include at grade landscaping and amenity area enhancements.

The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020). This report reviews and recommends approval of the application to amend the Official Plan and City of Toronto Zoning By-law No. 569-2013.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year or in future years.

The City Planning Division recommends that:

1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 241 Church Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 5 to the report (June 14, 2022) from the Director, Community Planning, Toronto and East York District.

2. City Council classify the lands at 241 Church Street as a Class 4 Area designation pursuant to the Ministry of Environment (now Ministry of Environment, Conservation and Parks) Environmental Noise Guideline - Stationary and Transportation Sources - Approval and Planning Publication NPC-300, August 2013 and direct the Chief Planner and Executive Director, City Planning or their designate to forward a copy of the City Council Decision Document to the Ministry of Environment Conservation and Parks (MECP).

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

4. City Council authorize the City Solicitor to submit the necessary bill to implement the foregoing recommendations provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will issue until such time as the Section 37 Agreement are executed and registered

5. City Council direct that the owner be required to enter into an Agreement pursuant to Section 37 of the Planning Act to secure the following community benefits at the owner's expense, as follows:

a) a cash contribution of six million five hundred thousand dollars ($ 6.5 million) dollars to be allocated toward:

i. $3,250,000.00 to local area streetscape and park improvements; and

ii. $3,250,000.00 to capital improvements for new or existing affordable housing, cultural, community and/or recreation space; 

b) the cash contribution referred to in Recommendation 5 a) shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of the Agreement to the date of payment; and

c) in the event the cash contribution referred to in Recommendations 8(a) above has not been used for the determined purpose within three years of the amending Zoning By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided the purpose is identified in the Official Plan and will benefit the community in the vicinity of the lands.

6. City Council also direct that the following be secured in the Section 37 Agreement as a legal convenience to secure matters required to support the development:

a) the owner shall enter into a Limiting Distance Agreement along with the owners of 245 Church Street and the City, to be registered on title to the 245 Church Street property, that would prevent the erection of a building above existing height permissions within 7 metres of the shared lot line, to the satisfaction of the Chief Planner, and Executive Director, City Planning and the City Solicitor;

b) that the owner pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report, for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development;

c) prior to final Site Plan Approval for any part of the site, the owner shall submit a construction management plan for the development with the general matters included in the Section 37 Agreement, including but not limited to, noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, coordination with adjacent on-going development construction, parking and laneway uses and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, and any other matters requested by the Chief Planner and Executive Director, City Planning, and the General Manager, Transportation Services, in consultation with the Ward Councillor; and

d) the owner will construct and maintain the development of the site in accordance with Tier 1, Toronto Green Standard, and the owner will be encouraged to achieve Tier 2 Toronto Green Standard, or higher consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the site.

This application proposes to amend the Zoning By-laws to permit a 53-storey mixed use development including ground floor commercial uses and 592 dwelling units with a total gross floor area of 35,668 square metres at 241 Church Street. The proposed building would have a height of 163.2 metres, 170.65 metres including the mechanical penthouse.

The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with the A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) and conforms to the City's Official Plan.

The proposal is in keeping with the intent of the Toronto Official Plan, particularly as it relates to intensification in the Downtown, which is a designated growth area. The proposal conforms to the Downtown Plan and generally conforms with the Tall Building guidelines. Staff worked with the applicant and the community to address and resolve various massing issues including appropriate tower and podium heights and setbacks. The provision of a range of dwelling unit types will help address housing issues. This report reviews and recommends that Council approve the Zoning By-law amendment application.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year or in future years.

The City Planning Division recommends that:

1. City Council amend Zoning By-law 569-2013 for the lands at 215 Wellesley Street East, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District.

2. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

3. Before introducing the necessary Bills to City Council for enactment,

require the owner:

a) Submit a revised Functional Servicing and Stormwater Management Report, Hydrogeological Report and supporting documents (the "Engineering Reports"), including confirmation of water and fire flow, sanitary and storm capacity, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services in consultation with the General Manager, Toronto Water;

b) Address all outstanding engineering issues, and any other comments that may arise further to the review of materials submitted as part of the process to address the issues set out in the memoranda from Engineering and Construction Services, and the General Manager, Transportation Services;

c) Secure the design and the provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure and/or new municipal infrastructure identified in the accepted Engineering Reports to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades and/or new infrastructure are required to support the development;

This report reviews and recommends approval of the application to amend the Zoning By-law to permit an 8-storey mixed-use building at 215 Wellesley Street East.  The building is proposed to contain 32 dwelling units, replacement of 16 bed-sitting rooms associated with supportive housing and 222 square metres of community support services. One parking space for the residential care home and six short-term bike parking spaces are proposed in the rear yard.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year or in future years.

The City Planning Division recommends that the followingrecommendations be addedto the report, 215 Wellesley Street East - Zoning Amendment Application - Final Report (June 13, 2022) from the Director, Community Planning, Toronto and East York District:

1. City Council amend Zoning By-law 438-86 for the lands at 215 Wellesley Street East, substantially in accordance with the draft Zoning By-law Amendment in Attachment 1 to the supplementary report (June 28, 2022) from the Director, Community Planning, Toronto and East York District.

This supplementary report provides an additional recommendation to the Final Report from the Director of Community Planning dated June 13, 2022 to amend Zoning By-law 438-86 in addition to theamendment to Zoning By-law 569-2013.

The City Planning Division recommends that:

1. City Council amend Zoning By-law 569-2013, for the lands at 380 Donlands Avenue, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (June 7, 2022) from the Director, Community Planning, Toronto and East York District.

2. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendments as may be required.

This report reviews and recommends approval of the application to amend the Zoning By-law to permit a seven-storey (24.3 metres, exclusive of the mechanical penthouse) mixed-use building at 380 Donlands Avenue. The building is proposed to contain 73 dwelling units and 392 square metres of retail space. Two levels of underground parking are proposed with a total of 58 vehicular and 106 bicycle parking spaces.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year, or in future years.

The Senior Manager, Heritage Planning, Urban Design, City Planning recommends that:

1. City Council approve the alterations to the heritage property and permit a 40-storey mixed-use building at 241 Richmond Street West and 133 John Street, in accordance with Section 33 of the Ontario Heritage Act, with such alterations substantially in accordance with plans and drawings dated March 11, 2022, prepared by Architects Alliance, and on file with the Senior Manager, Heritage Planning and the Heritage Impact Assessment (HIA), prepared by ERA Architects Inc., dated March 14, 2022 and on file with the Senior Manager, Heritage Planning, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Planning and subject to the following conditions:

a. That the related site-specific Zoning By-law Amendment permitting the proposed alterations has been enacted by City Council and has come into full force and effect in a form and with content acceptable to City Council, as determined by the Chief Planner and Executive Director, City Planning, in consultation with the Senior Manager, Heritage Planning.

b. That the owner:

1. Enter into a Heritage Easement Agreement with the City for the properties at 241 Richmond Street West and 133 John Street in accordance with the plans and drawings dated March 11, 2022,  prepared by Architects Alliance, and on file with the Senior Manager, Heritage Planning; and the Heritage Impact Assessment (HIA), prepared by ERA Architects Inc., dated March 14, 2022, and in accordance with the Conservation Plan required in Recommendation 1.b.2, to the satisfaction of the Senior Manager, Heritage Planning including registration of such agreement to the satisfaction of the City Solicitor.

2. Provide a detailed Conservation Plan, prepared by a qualified heritage consultant that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 241 Richmond Street West and 133 John Street, prepared by ERA Architects Inc., dated March 14, 2022, to the satisfaction of the Senior Manager, Heritage Planning.

3. Recommendation b.1. and 2. above are required to be satisfied prior to the introduction of the bill for any Zoning By-law Amendment related to the property, unless other legal mechanisms are utilized so as to satisfy the City Solicitor that no Building Permit will be issued until such time as the Owner has entered into the Heritage Easement Agreement and registered the agreement on title.  In any case, the Conservation Plan must be accepted and the Heritage Easement Agreement must be entered into and registered no later than December 9, 2022, or such later date as may be agreed by the owner and the Senior Manager, Heritage Planning in writing, failing which this condition will be determined to be unfulfilled.

c. That prior to final Site Plan approval for the proposal, for the properties located at 241 Richmond Street West and 133 John Street, the owner shall:

1. Provide final Site Plan drawings substantially in accordance with the approved Conservation Plan required in Recommendation 1.b.2 to the satisfaction of the Senior Manager, Heritage Planning.

2. Provide a Heritage Lighting Plan that describes how the exterior of the heritage properties will be sensitively illuminated to enhance their heritage character to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning.

3. Submit a Signage Plan to the satisfaction of the Senior Manager, Heritage Planning.

4. Provide an Interpretation Plan for the subject properties, to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning.

d. That prior to the issuance of any permit for all or any part of the properties at 241 Richmond Street West and 133 John Street, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building(s) as are acceptable to the Senior Manager, Heritage Planning, the owner shall:

1.  Have entered into a Heritage Easement Agreement with the City required in Recommendation 1.b.1.

2. Provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Recommendation 1.b.2, including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Planning.

3. Provide a Letter of Credit, including provision for upward indexing, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Planning, to secure all work included in the approved Conservation Plan, Lighting Plan and Interpretation Plan.

4. Provide full documentation of the existing heritage properties, including two (2) printed sets of archival quality 8” x 10” colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set on a CD in tiff format and 600 dpi resolution keyed to a location map, elevations and measured drawings, and copies of all existing interior floor plans and original drawings as may be available, to the satisfaction of the Senior Manager, Heritage Planning.

e. That prior to the release of the Letter of Credit required in Recommendation 1.d.3, the owner shall:

1. Provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work and the required interpretive work has been completed in accordance with the Conservation Plan and Interpretation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning.

2. Provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning.

2. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of 241 Richmond Street West and 133 John Street in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

3. City Council authorize the City Solicitor to introduce the necessary Bill in Council authorizing the entering into of a heritage easement agreement for the properties at 241 Richmond Street West and 133 John Street.

This report recommends that City Council approve the proposed alterations for the heritage properties at 241 Richmond Street West and 133 John Street in connection with the proposed redevelopment of the site. This report also recommends that City Council grant authority to enter into a Heritage Easement Agreement for this property.

At the City Council meeting on February 2, 2022, a Notice of Intention to Designate was approved under Part IV of the Ontario Heritage Act for this property. The appeal period for the Notice of Intention to Designate expired 30 days following the publication of the Notice. As no objections were received, the designation by-law was passed on April 7, 2022. This report recommends City Council approve the alterations proposed under Section 33 of the Ontario Heritage Act for the heritage property in connection with a proposed development, and grant authority to enter into a Heritage Easement Agreement for the subject property.

The subject properties are located on the east side of John Street between Richmond Street West and Nelson Street. The southeast corner of Richmond and John contains the building at 241 Richmond Street West, a two-storey commercial building constructed in three phases (1936, 1940 and 1948) in the Art Moderne style by the leading Toronto architecture firm, Page & Steele. The Second Empire style house-form building at 133 John Street anchoring the same block at Nelson Street represents the only surviving building in a larger grouping of dwellings constructed on the east side of John Street in the 1870s. 

In conjunction with a Zoning Amendment Application (File No. 21- 171253 STE 10 OZ) and a Site Plan Application (File No. 21- 171254 STE 10 SA), the development proposes to construct a 40-storey mixed-use building with ground floor retail and 459 residential units above. The project also will feature a two-storey and eight-storey base. The two-storey base encompasses the northern portion of the Site and incorporates the existing heritage structure at 241 Richmond Street West. The eight-storey base encompasses the southern portion of the site and incorporates the house form heritage property at 133 John Street. Both existing heritage buildings at 241 Richmond Street West and 133 John Street are proposed to be conserved, albeit with the alterations described in this report. This application is to be reviewed concurrently with the submitted planning applications.

There are no financial implications resulting from the adoption of this report.

At its meeting on June 14, 2022, the Toronto Preservation Board considered Item PB35.3 and made recommendations to City Council.

Summary from the report (May 24, 2022) from the Senior Manager, Heritage Planning, Urban Design, City Planning:

This report recommends that City Council approve the proposed alterations for the heritage properties at 241 Richmond Street West and 133 John Street in connection with the proposed redevelopment of the site. This report also recommends that City Council grant authority to enter into a Heritage Easement Agreement for this property.

At the City Council meeting on February 2, 2022, a Notice of Intention to Designate was approved under Part IV of the Ontario Heritage Act for this property. The appeal period for the Notice of Intention to Designate expired 30 days following the publication of the Notice. As no objections were received, the designation by-law was passed on April 7, 2022. This report recommends City Council approve the alterations proposed under Section 33 of the Ontario Heritage Act for the heritage property in connection with a proposed development, and grant authority to enter into a Heritage Easement Agreement for the subject property.

The subject properties are located on the east side of John Street between Richmond Street West and Nelson Street. The southeast corner of Richmond and John contains the building at 241 Richmond Street West, a two-storey commercial building constructed in three phases (1936, 1940 and 1948) in the Art Moderne style by the leading Toronto architecture firm, Page & Steele. The Second Empire style house-form building at 133 John Street anchoring the same block at Nelson Street represents the only surviving building in a larger grouping of dwellings constructed on the east side of John Street in the 1870s. 

In conjunction with a Zoning Amendment Application (File No. 21- 171253 STE 10 OZ) and a Site Plan Application (File No. 21- 171254 STE 10 SA), the development proposes to construct a 40-storey mixed-use building with ground floor retail and 459 residential units above. The project also will feature a two-storey and eight-storey base. The two-storey base encompasses the northern portion of the Site and incorporates the existing heritage structure at 241 Richmond Street West. The eight-storey base encompasses the southern portion of the site and incorporates the house form heritage property at 133 John Street. Both existing heritage buildings at 241 Richmond Street West and 133 John Street are proposed to be conserved, albeit with the alterations described in this report. This application is to be reviewed concurrently with the submitted planning applications.

The City Planning Division and Housing Secretariat recommend that:

1. City Council amend Zoning By-law 569-2013 for the lands at 1978-2002 Lake Shore Boulevard West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 5 to report (June 15, 2022) 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 authorize the City Solicitor to submit the necessary bill to implement the foregoing recommendations provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will issue until such time as the Section 37 Agreement is executed and registered.

4. City Council require Marlin Springs (carrying on business as Winlake Developments Limited) (or a related corporation) (“the Owner”) the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:

1. The Owner's section 37 contribution consists of providing and maintaining sixty-one (61) new affordable rental dwelling units on the lands at 1978-2002 Lake Shore Boulevard West (the "Affordable Housing Units");
   
   
2. The Affordable Housing Units are to be conveyed to Community Affordable Housing Solutions or another non-profit affordable housing provider chosen by the City in its sole discretion (the "Provider") as a stratified freehold parcel;
   
   
3. The Affordable Housing Units shall be in accordance with the following:
   
   
   1. at least one (1) of the Affordable Housing Units shall be a three-bedroom unit with a minimum unit size of 83.1 square metres and an average size of 83.1 square metres;
      
      
   2. at least twelve (12) of the affordable rental dwelling units shall be two-bedroom rental units with a minimum unit size of 58.3 square metres and an average size of 63.8 square metres;
      
      
   3. no more than sixteen (16) of the Affordable Housing Units shall be one-bedroom rental units with a minimum unit size of 44.8 square metres and an average size of 53.5 square metres;
      
      
   4. no more than thirty-two (32) of the Affordable Housing Units shall be studio rental units with a minimum unit size of 30 square metres and an average size of 35.4 square metres;
      
      
   5. the unit sizes described in recommendations 4.c.i to 4.c.iv may vary by a maximum of three percent (3%), but only as a result of reasonable adjustments which may be required for the purposes of accommodating final structural or mechanical design. All such adjustments must be made to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat;
      
      
   6. the Affordable Housing Units shall all be located on one contiguous floor within the podium of the development;
      
      
   7. the layouts of the Affordable Housing Units shall be to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat;
      
      
   8. the Affordable Housing Units shall be provided and maintained for a minimum period of ninety-nine (99 years) from the date the units are first occupied (the "Affordability Period");
      
      
   9. the initial rent (inclusive of utilities) charged to the first tenants of any Affordable Housing Units shall not exceed 100 percent of the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report;
      
      
   10. if an Affordable Housing Unit becomes vacant and is re-rented to a new tenant during the Affordability Period, the initial rent (inclusive of utilities) charged to the new tenant shall not exceed 100 percent of the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report;
       
       
   11. after the first year of occupancy of any Affordable Housing Units, the rent (inclusive of utilities) charged to tenants occupying such unit may be escalated annually by not more than the annual provincial rent guideline, regardless of whether such guideline is applicable to the units under the Residential Tenancies Act or any successor legislation governing residential tenancies in Ontario, until the tenancy ends;
       
       
   12. notwithstanding the annual rent increases permitted in ix. above, the rent (inclusive of utilities) charged to any tenants occupying an Affordable Housing Unit shall not be increased to an amount that exceeds 100 percent of the average 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;
       
       
   13. at least six months in advance of any new Affordable Housing Units being made available for rent to the general public, the Owner shall develop and implement a Tenant Access Plan to ensure units are rented to eligible households in consultation with, and to the satisfaction of the Executive Director, Housing Secretariat;
       
       
   14. the new Affordable Housing Units shall be made ready and available for occupancy no later than the date by which seventy (70) percent of the new market dwelling units are available and ready for occupancy, or to the satisfaction of, the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat;
       
       
   15. the Owner shall provide all tenants of the affordable rental dwelling units with access to, and use of, all indoor and outdoor amenities in the building in which such tenant resides at no extra charge;
       
       
   16. access to, and use of, these amenities shall be provided on the same terms and conditions as any other resident of the building in which the Affordable Housing Units are located, without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings;
       
       
   17. the Owner shall provide all tenants of the Affordable Housing Units with laundry facilities on the same basis as other units within building in which the Affordable Housing Units are located at no extra charge; and
       
       
   18. the Owner shall provide all tenants of the Affordable Housing Units with air conditioning facilities on the same basis as other units within building in which the Affordable Housing Units are located at no extra charge; and
       
       
   19. the Owner shall provide all tenants of the Affordable Housing Units with access to permanent and visitor bicycle parking/bicycle lockers on the same terms and conditions as any other resident of the building in which the Affordable Housing Units are located, and in accordance with the Zoning By-law.
       
       
4. The Owner shall enter into an agreement with the Provider and the City, being the municipal housing project facility agreement (the "Contribution Agreement") referenced in Part 8, no later than 180 days after Zoning By-law Amendment(s) permitting the Development becomes final and binding or within such longer period of time as the City and the Owner may agree to, but in any case before Development Charges for the Affordable Housing Units would otherwise be due;
   
   
5. The Owner shall enter into an agreement of purchase and sale ("APS") for the conveyance of the Affordable Housing Units to the Provider and the City (with the City as a contingent transferee) at the discounted maximum total purchase price of $17,019,896 prior to the issuance of the first above grade building permit for the development, which APS shall be subject to the following terms:
   
   
   1. the APS shall be assignable by the City of Toronto to another Provider at the City of Toronto's sole discretion; and
      
      
   2. the City of Toronto shall not be liable to pay any deposit penalty, or liquidated damages to the Owner or the Provider in the event the City terminates the APS for any reason, including failure of the Provider to close on the transaction, a lack of funding to complete the transaction, or the City being unsuccessful in identifying an alternate Provider;
      
      
6. The Owner and the Provider will enter into a shared facilities agreement for 99 years, on the following terms:
   
   
   1. the shared facilities agreement will allocate costs proportionately based on each party's actual share of the shared facilities;
      
      
   2. the Owner shall discount 50% of the Provider's share of the shared facilities costs under the shared facilities agreement for 99 years;
      
      
   3. the Owner (including any condominium corporation or other assignee) shall not have the right to unilaterally amend the shared facilities agreement, nor shall the shared facilities agreement be amended to directly or indirectly increase the share of costs that the Provider is responsible for paying under the shared facilities agreement for the 99 year term; and
      
      
   4. the shared facilities agreement shall otherwise be on commercially reasonably terms.
      
      
7. if the Owner fails to enter into the APS as required or the conveyance of the Affordable Housing Units to the Provider does not close for any reason, the Owner shall provide and maintain the Affordable Housing Units in accordance with this Part 4.

5. City Council also direct that the following be secured in the Section 37 Agreement as a legal convenience to secure matters required to support the development:

1. The Owner shall provide a minimum of 10 percent of all new units in the proposed development as three-bedroom units;
   
   
2. The Owner shall provide a minimum of 30 percent of all new units in the proposed development as two-bedroom units;
3. A privately owned publicly accessible open space (POPS) of approximately 200 square metres along Lake Shore Boulevard West and Windermere Avenue, whereby as a pre-approval condition to Site Plan Approval for the development, the Owner shall convey to the City, for nominal consideration, easement(s) along the surface of the lands, to the satisfaction of the City Solicitor, which shall constitute the POPS and any required public access easements to connect the POPS to adjacent POPS and/or public rights-of-way, where necessary; and the Owner shall own, operate, maintain and repair the POPS and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the POPS at all times of the day and night, 365 days of the year; and the specific location, configuration and design of the POPS shall be determined in the context of a site plan approval, including retail/commercial spill out uses on terms and conditions satisfactory to the Chief Planner and Executive Director, City Planning, pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City:
   
   
4. The Owner will construct and maintain the Development Site in accordance with Tier 1, Toronto Green Standard, and the Owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher,  consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the Development Site;
   
   
5. The location of the amenity space will be determined through the Site Plan Approval process to the satisfaction of the Chief Planner and Executive Director, City Planning;
   
   
6. Implementation of all recommended mitigation measures included in all reports, studies, and plans submitted by the Owner, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the appropriate City official;
   
   
7. The Owner shall submit a comprehensive Construction Management Plan for each stage of the construction process, to the satisfaction of the General Manager, Transportation Services, the Chief Building Official and Executive Director, Toronto Building and the Ward Councillor. The Construction Management Plan will include, but not be limited to the following construction-related details: noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, parking and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, and any other matters requested by the General Manager, Transportation Services, in consultation with the Ward Councillor.
   
   
8. The Owner shall submit financial contributions/payments in the form of a letter of credit or certified cheques, indexed upwards in accordance with the Construction Price Index from the date of the Section 37 Agreement and/or provide additional documentation for the implementation of a Transportation Demand Management (TDM) plan. These provisions include, but are not limited to:
   
   
   1. A payment of $50,000 for bike-share station implementation on-site or in the area surrounding the subject site;
      
      
   2. A minimum of three (3) car-share spaces on-site;
      
      
   3. One (1) car-share and/or bike-share membership per unit, offered for the first year of occupancy; and
      
      
   4. A minimum of one (1) bike repair station/area provided on-site

6. City Council approve the provision of financial incentives pursuant to the City's Open Door Affordable Housing Program in relation to the Affordable Housing Units as follows:

1. City Council authorize the 61 affordable rental units to be constructed on the lands known as 1978-2002 Lake Shore Boulevard West to be eligible for waivers of fees for planning application, building permit, parkland dedication and development charges exemptions.
   
   
2. City Council authorize an exemption from taxation for municipal and school purposes for 99 years, for the up to 61 affordable rental units to be constructed on the lands known as 1978-2002 Lake Shore Boulevard West.
   
   
3. City Council authorize the Executive Director, Housing Secretariat to negotiate and enter into, on behalf of the City, a municipal housing project facility agreement (the "Contribution Agreement") with Winlake Developments Limited (or a related corporation) and/or Community Affordable Housing Solutions (or a related corporation), or a non-profit housing provider Owner approved by the Executive Director, Housing Secretariat, at their sole discretion (the "Provider"), for the development of the affordable housing to be constructed on the lands known as 1978-2002 Lake Shore Boulevard West, to secure the financial assistance being provided and to set out the terms of the operation of the new affordable rental housing, on terms and conditions satisfactory to the Executive Director, Housing Secretariat and in a form approved by the City Solicitor.

8. 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 Contribution Agreement.

9. City Council authorize the Executive Director, Housing Secretariat to execute, on behalf of the City, any security or financing documents required by the Owner or the Provider to secure construction and conventional financing and subsequent refinancing, including any postponement, tripartite, confirmation of status, discharge or consent documents of any City security 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 Council.

10. City Council authorize the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement City Council's decision.

11. City Council authorize the City to be a party to the agreements of purchase and sale contemplated to be entered into for the Affordable Housing Units as a contingent transferee, in order to ensure the benefit of the Affordable Housing Units is secured for the intended purposes until the transaction is complete.

12. City Council authorize the Executive Director, Housing Secretariat to execute the agreements of purchase and sale and any other documents required to complete the purchase of the Affordable Housing Units, including an assignment of the agreements of purchase and sale for the Affordable Housing Units to the Provider.

13. City Council authorize the Executive Director, Housing Secretariat to administer and manage the transaction relating to the Affordable Housing Units in consultation with the Executive Director, Corporate Real Estate Management, including the provision of any consents, approvals, waivers and notices, provided that they may, at any time, refer consideration of any such matters (including their content) to City Council for consideration and direction, all as may be required.

This application proposes to amend the Zoning By-law 569-2013 to permit a mixed-use building with two towers, 20 and 36-storeys on a 5-storey base building at 1978-2002 Lake Shore Boulevard West with 611 residential units, 154 square metres of retail uses at grade and 262 parking spaces.

The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020), conforms to the relevant policies of the Official Plan and maintains the intent and purpose of the applicable design guidelines.

This report reviews and recommends approval of the application to amend the Zoning By-law. The report also recommends approval of Open Door Affordable Rental Housing Program incentives for 61 new affordable rental homes in the development.

This report recommends City Council approval of financial incentives under the Open Door Affordable Housing Program of approximately $4,635,142 to support the development of 61 affordable rental homes at 1978-2002 Lake Shore Boulevard West.

The proposed incentives through the Open Door Affordable Housing Program includes exemptions from development charges, planning and building permit fees, and property taxes for 99 years. Based on applicable fees, charges, and tax exemption estimates, the average of these incentives is $75,986 per unit, for a total investment of approximately $4,635,142 in City incentives as outlined in Table 1 below. As this project is in the final planning approval stages, the applicable planning application fees have already been paid by the developer and will not be waived.

The provision of the affordable homes is proposed to be supported by both a community benefit contribution under Section 37 of the Planning Act, and the City's Open Door Program. Were the City to accept the proposed affordable housing units solely as a Section 37 contribution, the anticipated affordability period would have been 15 years. In exchange for receiving Open Door Program incentives for these affordable rental units, the Owner, Winlake Developments Limited, has agreed to transfer Ownership of the affordable housing units to Community Affordable Housing Solutions (CAHS) and extend the affordable rental period to 99 years. This extended affordability period reflects the value of the City's incentives.

These incentives are not a direct capital payment from the City but rather foregone revenues that the City waives or forgives under the Open Door Affordable Housing Program. Values are based on 2022 tax rates, 2022 AMR rates, November 2021 development charge rates, 2022 building permit fees and 2022 planning fees.

Table 1 - Breakdown of Value of Open Door Program Incentives

At current 2022 rates, the value of the annual property tax exemption is estimated at $56,544. The net present value over the 99 year-term is estimated at $1,783,791 as summarized in Table 2 below.

A tax exemption would have no net present impact to the City for the educational portion of taxes remitted to the Province.

Table 2 - Property Tax Exemption

In the event of default, the Contribution Agreement will provide that the by-law providing the property tax exemption be repealed.

The Chief Financial Officer and Treasurer have reviewed this report and agrees with the financial impact information provided.

The City Planning Division recommends that:

1. City Council amend the City of Toronto Zoning By-law 569-2013 for the lands at 224-240 Adelaide Street West, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report dated June 8, 2022, from the Director, Community Planning, Toronto and East York District.

2. City Council authorize the City Solicitor to submit the necessary bill to implement the foregoing recommendations provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will issue until such time as the Section 37 Agreement is executed and registered.

3. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act, prior to the issuance of any building permit for the development, as follows:

a. the community benefits recommended to be secured in the Section 37 Agreement are as follows:

i. Prior to the issuance of the fist above-grade building permit, the owner shall make a cash contribution in the amount of $ 1,200,000 for the provision of affordable housing in Ward 10 within the vicinity of the site to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor.

ii. Prior to the issuance of the fist above-grade building permit, the owner shall make a cash contribution in the amount of $ 4,800,000 for the provision of Community Services and Facilities, parkland construction/improvements and/or streetscape improvements along Adelaide Street West and/or Duncan Street in Ward 10 within the vicinity of the site, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor.

iii. All cash contributions referred to in Recommendations 3.a) i-ii above shall be indexed upwardly in accordance with the Statistics Canada Construction Price Index for Toronto, calculated from the date of the execution of the Section 37 Agreement to the date the payment is made to the City;

iv. In the event the cash contributions referred to in Recommendations 3) a.i-ii above have not been used for the intended purposes within three (3) years of the Zoning By-law Amendment coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in Ward 10;

b. The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience in support of the development:

i. Prior to the commencement of any excavation or shoring work, the owner shall submit a Construction Management Plan to the satisfaction of the General Manager, Transportation Services and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor and thereafter in support of the development, will implement the Plan during the course of construction.  The Construction Management Plan will include, but not be limited to the following construction-related details: noise, dust, size and location of staging areas, location and function of access gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, parking and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, and any other matters requested by the General Manager, Transportation Services, in consultation with the Ward Councillor.

ii. The construction and maintenance of the development in accordance with at least the Tier 1 performance measures of the Toronto Green Standard;

iii. The conveyance to the City for nominal consideration of the required 0.72 metre strip of land between the existing commercial lane to the north of the subject site and the proposed building face for a lane widening to be dedicated to the City at no cost to the City, free and clear, above and below grade, of all easements, encumbrances and encroachments and in acceptable environmental condition, all to the satisfaction of the General Manager, Transportation Services;

4. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

5. City Council declare, pursuant to subsection 45(1.4) of the Planning Act, R.S.O. 1990, c. P.13 for the purposes of subsection 45(1.3) of the Planning Act, R.S.O. 1990, c. P.13, that the owner, may be permitted to apply to amend the site specific zoning by-law for the lands at 224-240 Adelaide Street West before the second anniversary of the first day on which any part of the site specific by-law comes into effect.

This report reviews and recommends approval of the application to amend the Zoning By-law to permit a 60-storey mixed-use building at 224-240 Adelaide Street West. The building is proposed to contain 1,489 square metres of non-residential uses (retail space) and 554 residential units. Four levels of underground parking is proposed with 63 vehicular parking spaces, 555 bicycle parking spaces and 2 loading spaces with access off of the public laneway from Duncan Street.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year or in future years.

The City Planning Division recommends that:

1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 254-260 Adelaide Street West, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to the report (June 15, 2022) from the Director, Community Planning, Toronto and East York District.

2. City Council authorize the City Solicitor to submit the necessary bill to implement the foregoing recommendations provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will issue until such time as the Section 37 Agreement is executed and registered.

3. City Council direct the Executive Director, Housing Secretariat, to secure a minimum of 20% of the residential gross floor area as affordable rental housing for 99 years as part of the market sale for the lands at 254 - 260 Adelaide Street West.

4. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act, prior to the issuance of any building permit for the development, as follows:

a. The community benefits recommended to be secured in the Section 37 Agreement are as follows:

i. Prior to the issuance of any building permit on the lands, the Owner shall enter into a municipal housing facility agreement (the City's "Contribution Agreement"), with the City for the delivery and operation of a minimum of 20% of the residential gross floor area as affordable rental housing for 99 years.

ii. Prior to the earlier of condominium registration or first residential use on site, the owner shall design, construct, commission, finish and convey in fee simple to the City, in an environmental condition in accordance with all City policies, for nominal consideration and at no cost to the City, a minimum 925 square metres Community Agency Space located on levels one (156 metres) and two (770 metres) of the base building fronting Nelson Street and subject to the following:

A. The Community Agency Space shall be delivered to the City in accordance with the City's Community Space Tenancy Policy in order to be leased by the City to an eligible non-profit organization and finished to Base Building Condition (shell space prior to final fitout), with the terms and specifications to be secured in the Section 37 Agreement, all satisfactory to the Executive Director, Social Development, Finance and Administration, the Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning and the City Solicitor;

B. Prior to the issuance of the first above grade building permit for any part of the lands, the owner shall provide a letter of credit in the amount sufficient to guarantee 120 percent of the estimated cost of the design and construction of the Community Agency Space complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning and the City Solicitor;  

C. Prior to the conveyance of the Community Agency Space to the City, the owner shall provide a one-time cash contribution in the amount of $1,500,000.00 for total finishing costs of the community agency space;

D. The financial contribution pursuant to Recommendation 4.b. iii. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto Census Metropolitan area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135-10, or its successor, calculated from the date of execution of the Agreement to the date of payment; and

E. Concurrent with or prior to, the conveyance of the Community Agency Space to the City, the owner and the City shall enter into, and register on title to, the appropriate lands an Easement and Cost Sharing Agreement for nominal consideration and at no cost to the City, that is in a form and content satisfactory to the City Solicitor in consultation with the Executive Director, Social Development, Finance and Administration, the Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning. The Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement, and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the owner as they pertain to the Community Agency Space.

iii. Prior to the earlier of condominium registration or first residential use on site, the owner shall design, construct, finish, commission and convey in fee simple to the City, in an environmental condition in accordance with all City policies, for nominal consideration and at no cost to the City, Paramedic Post comprising of a minimum of 110 square metres of interior space plus an adjacent two-bay ambulance parking area, measuring a minimum of 110 square metres with access from Nelson Street, all located on the ground floor, and subject to the following:

A. The Paramedic Post shall be delivered to the City finished to Base Building Condition (shell space prior to final fitout), with the terms and specifications to be secured in the Section 37 Agreement, all satisfactory to the Executive Director, Corporate Real Estate Management, the Chief, Toronto Paramedic Services, the Chief Planner and Executive Director, City Planning and the City Solicitor;

B. Prior to the issuance of the first above grade building permit for any part of the lands, the owner shall provide a letter of credit in the amount sufficient to guarantee 120 percent of the estimated cost of the design and construction of the Paramedic Post complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning and the City Solicitor;  

C. Prior to the conveyance of the Paramedic Post to the City, the owner shall provide a one-time cash contribution in the amount of $ 371,250 for total finishing costs of the Paramedic Post;

D. The financial contribution pursuant to Recommendation 4.c. iii. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto Census Metropolitan area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135-10, or its successor, calculated from the date of execution of the Agreement to the date of payment; and

E. Concurrent with or prior to, the conveyance of the Paramedic Post to the City, the owner and the City shall enter into, and register on title to, the appropriate lands an Easement and Cost Sharing Agreement for nominal consideration and at no cost to the City, that is in a form satisfactory to the City Solicitor in consultation with Executive Director, Corporate Real Estate Management, the Chief, Toronto Paramedic Services, the Chief Planner and Executive Director. The Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement, and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the owner as they pertain to the Paramedic Post.

iv. The owner shall construct, provide and maintain a Privately-Owned and Publicly-Accessible Open Space ("POPS") at 254 - 260 Adelaide Street West with a minimum area of 301 square metres in the form of a promenade running through the site between Adelaide Street West and Nelson Street in the location generally identified in the Zoning By-law Amendment, with the specific configuration and design of the POPS to be determined and secured in the context of a review of a Site Plan Control Application for the development to the satisfaction of the Director, Community Planning, Toronto and East York District, in consultation with the Ward Councillor; and

A. Prior to the earlier of one (1) year from any non-residential or residential use or occupancy, including interim occupancy pursuant to the Condominium Act, 1998, and registration of the first condominium for the site, except as otherwise agreed by the Chief Planner and Executive Director, City Planning, due to unforeseen delays (eg. weather), the owner shall prepare all documents and convey to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, in priority to all title encumbrances, to the satisfaction of the City Solicitor, for nominal consideration and at no cost to the City, a public access easement in perpetuity in favour of the City over the Privately-Owned Publicly-Accessible Open Space set out in Recommendation 4 d. above, on terms set out in the Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning.  The owner shall be responsible, at its own expense, to prepare, submit to the City for approval and deposit all required reference plans to describe the easement; and

B. the owner shall prepare all documents and convey, a 5.5 metre wide public pedestrian access easement to the City, in a location generally described as a north/south access over the western portion of the site, between the northern edge of the "POPS" and Nelson Street, on terms to be set out in the Section 37 Agreement and with details of the location and final design to be determined and secured in the context of site plan approval for the development and that such easement lands be maintained by the owner at its sole cost. The conveyance of the easement shall be in priority to all title encumbrances, to the satisfaction of the City Solicitor, for nominal consideration and at no cost to the City all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.  The owner shall be responsible, at its own expense, to prepare, submit to the City for approval and deposit all required reference plans to describe the easement.

v.  the following matters are also recommended to be secured in Section 37 Agreement as a legal convenience in support of the development:

A. The design, construction, finishing, maintenance and provision of a minimum of 20% (with a target of thirty (30%) percent) of the total residential gross floor area as affordable rental housing dwelling units on the lands at 254-260 Adelaide Street West (the "Affordable Housing Units"), to the satisfaction of the Chief Planner and Executive Director, City Planning and Executive Director, Housing Secretariat, in accordance with the following terms:

aa. the number of units, the unit types, minimum unit sizes, unit layouts and unit location shall be to the satisfaction of the Chief Planner and Executive Director, City Planning and Executive Director, Housing Secretariat and shall reflect, and in no event be less than, the minimum and average sizes of the market units;

bb. the owner shall provide and maintain the Affordable Housing Units as secured rental dwelling units for 99 years beginning from the date that each such unit is first occupied (the "Affordability Period"). During the Affordability Period, no Affordable Housing Unit shall be registered as a condominium unit or any other form of ownership housing that provides a right to exclusive possession of a dwelling unit, including life lease or co-ownership, and no application shall be made to demolish any Affordable Housing Unit or to convert any Affordable Housing Unit to a non-residential rental purpose. Upon the expiration of the Affordability Period, the owner shall continue to provide and maintain the units as rental dwelling units, unless and until such time as the owner has applied for, and obtained, all approvals necessary to do otherwise.

cc. the initial rent (inclusive of utilities) charged to the first tenants of any Affordable Housing Units shall not exceed 100% of the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report, and the project average across the Affordable Housing Units shall not exceed 80 percent of the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report ;

dd. if an Affordable Housing Unit becomes vacant and is re-rented to a new tenant during the Affordability Period, the initial rent (inclusive of utilities) charged to the new tenant shall not exceed 100% of the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report, and the project average across the Affordable Housing Units shall not exceed 80 percent of the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report;

ee. after the first year of occupancy of any Affordable Housing Units, and for the duration of the Affordability Period, the rent (inclusive of utilities) charged to the first tenants or new tenants occupying such unit may be escalated annually by not more than the annual provincial rent guideline, regardless of whether such guideline is applicable to the units under the Residential Tenancies Act or any successor legislation governing residential tenancies in Ontario, until the tenancy ends;

ff. notwithstanding the annual rent increases permitted in e. above, the rent (inclusive of utilities) charged to any first tenants or new tenants occupying an Affordable Housing Unit during the Affordability Period shall not be increased to an amount that exceeds 100% of the average 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, and the project average across the Affordable Housing Units shall not exceed 80 percent of the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report;

gg. the City's Centralized Affordable Housing Access System will be used to advertise and select tenants, provided it is in place.  In addition at least six months in advance of any new Affordable Housing Units being made available for rent, the owner shall develop and implement an Access Plan, which will outline how units will be rented to eligible households in consultation with, and to the satisfaction of, the Executive Director, Housing Secretariat;

hh. the new Affordable Housing Units shall be made ready and available for occupancy no later than the date by which seventy percent (70%) of the market residential units on site are available and ready for occupancy, or to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat;

ii. the owner shall provide all tenants of the Affordable Housing Units with access to, and use of, all indoor and outdoor amenities in the development at no extra charge and on the same terms and conditions as any other resident of the mixed use building, without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings;

jj. the owner shall provide all tenants of the Affordable Housing Units with laundry facilities no extra charge; and

kk. the owner shall provide all tenants of the Affordable Housing Units with access to permanent and visitor bicycle parking/bicycle lockers on the same terms and conditions as any other resident of the market residential on the site, to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat; and in accordance with the Zoning By-law.

B. prior to the commencement of any excavation or shoring work, the owner shall submit a Construction Management Plan to the satisfaction of the General Manager of Transportation Services and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor and thereafter in support of the development, will implement the Plan during the course of construction.  The Construction Management Plan will include, but not be limited to the following construction-related details: noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, parking and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, and any other matters requested by the General Manager, Transportation Services, in consultation with the Ward Councillor;

C. Prior to the earlier of Site Plan Approval or the first building permit for shoring and excavation, the owner shall submit the following materials for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services:

i. Updated Functional Servicing and Stormwater Management Report;

ii. Updated Hydrogeological Report;

iii. Servicing Report Groundwater Summary Form; and

iv. Hydrogeological Review Summary Form.

D. Prior to the earlier of Site Plan Approval or the first building permit for shoring and excavation, the owner shall pay for and construct any improvements to the municipal infrastructure in  connection with the Functional Servicing and Stormwater Management Report, to be resubmitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development.

E. The construction and maintenance of the development in accordance with at least the Tier 2 performance measures of the Toronto Green Standard;

F. In the event the City sells the lands municipally known as 260 Adelaide Street West to an arm's length entity prior to Site Plan Approval, the conveyance to the City for nominal consideration of the required 0.72 metre strip of land between the existing commercial lane to the east of the subject site and the proposed building face for a lane widening to be dedicated to the City at no cost to the City, free and clear, above and below grade, of all easements, encumbrances and encroachments and in acceptable environmental condition, all to the satisfaction of the General Manager, Transportation Services;

G. In the event the City sells the lands municipally known as 260 Adelaide Street West to an arm's length entity prior to Site Plan Approval, the conveyance to the City for nominal consideration of the required 1.63 metre strip of land between the existing commercial lane to the west and south of the subject site and the proposed building face for a lane widening to be dedicated to the City at no cost to the City, free and clear, above and below grade, of all easements, encumbrances and encroachments and in acceptable environmental condition, all to the satisfaction of the General Manager, Transportation Services;

5. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

6. City Council declare, pursuant to subsection 45(1.4) of the Planning Act, R.S.O. 1990, c. P.13 for the purposes of subsection 45(1.3) of the Planning Act, R.S.O. 1990, c. P.13, that the Owner, may be permitted to apply to amend the site specific zoning by-law for the lands at 254-260 Adelaide Street West before the second anniversary of the first day on which any part of the site specific by-law comes into effect.

7. City Council authorize the Executive Director, Housing Secretariat, to negotiate and execute a municipal housing facility agreement (the "Contribution Agreement") with the owner for the development of the Affordable Housing Units at 254-260 Adelaide Street West, to secure 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.

8. City Council approve the provision of financial incentives pursuant to the City's Open Door Affordable Housing Program in relation to the Affordable Housing Units as follows:

a. City Council exempt the up to 244 affordable rental dwelling units at 254-260 Adelaide Street West from taxation for municipal and school purposes for the 99 year affordability period;

b. City Council authorize the up to 244 new affordable rental dwelling units at 254-260 Adelaide Street West to be eligible for waivers of fees for planning applications, building permits and parkland dedication, and for development charges exemption, unless already paid. 

9. 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 Housing Units, including any documents required by the owner 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 Council.

10. 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 Contribution Agreement.

This report reviews and recommends approval of the application to amend the Zoning By-law to permit a 61-storey mixed-use building at 254-260 Adelaide Street West. The proposed development includes commercial uses, a community agency space and a paramedic post within the first 2 levels and 813 residential dwelling units above. A target of 30 percent of the dwelling units are proposed to be provided as affordable rental units at 80% average market rent for a period of 99 years. Two levels plus mezzanine of underground parking are proposed with 97 parking spaces for residents. A total of 819 bicycle parking spaces are also proposed within the ground floor and mezzanine of the garage.

Open Door Incentives

As outlined in the charts below, this report recommends that City Council authorize the use of an estimated $19,621,866 in financial incentives through the Open Door Affordable Housing Program, to support the development of the up to 244 affordable homes at 254-260 Adelaide Street West. The financial incentives recommended for Council approval include relief from development charges, planning and building permit fees, and property taxes for a target of 99 years, total an estimated total of $19,621,866 as outlined in Chart 1 below.

Chart 1: Annual and Net Present Value of Property Taxes

*Calculated using current 2022 tax rates, 2022 AMR rates, November 2021 development charge rates, 2022 building permit fees and 2022 planning fees

Open Door incentives represent revenue that the City waives or forgives. The total Municipal property tax incentives recommended for the affordability term of the rental homes is estimated at $185,971 annually. The net present value over the target 99 year affordability term for the homes is estimated at $5,866,788 as summarized in Chart 2 below. Ongoing municipal property tax exemptions are conditional on compliance with the terms and conditions of the City's Municipal Facilities Agreement (Contribution Agreement) over the affordability period.

Chart 2: Annual and Net Present Value of Property Tax Exemption

A tax exemption would have no net present impact to the City for the educational portion of taxes remitted to the Province.

In the event of default, the Contribution Agreement will provide that the by-law providing

the property tax exemption be repealed.

Report on the Updated Business Plan

Corporate Real Estate Management (CREM) and CreateTO will report back to Executive Committee following City Council's consideration of this Final Report on the Zoning By-law Amendment Application for 260 Adelaide Street West, for consideration of the updated business plan for the redevelopment of 229 Richmond Street West and re-located Metro Hall facilities, funded by the redevelopment and sale of 260 Adelaide Street West. The updated business plan will be based on the Council-approved density at 260 Adelaide Street West and updated costs and funding sources.

As part of the original business plan, $5,775,000 was identified from future Section 37 payments in the King-Spadina Area for affordable housing at 260 Adelaide Street West. This funding will be included in the updated business plan as well.

The Chief Financial Officer and Treasurer have reviewed this report and agree with the financial impact information provided.

Equity Impact Statement

The HousingTO 2020-2030 Action Plan ("HousingTO Plan") envisions a City in which all residents have equal opportunity to develop to their full potential. The HousingTO Plan is centred on a human rights-based approach to housing, which recognizes that housing is essential to the inherent dignity and well-being of a person, and to building healthy, inclusive, sustainable and liveable communities.

The proposed development will increase access to new affordable housing opportunities for people from equity-deserving groups including, Indigenous Peoples, Black and other racialized, people experiencing homelessness, people with mental and physical disabilities, seniors, 2SLGBTQIA+ persons.

The proposed affordable residential units will provide safe, secure and affordable housing for a range of people in Toronto. Safe, secure, affordable housing is an important social determinant of health and improves the social and economic status of individuals, families and communities. Good quality, affordable housing is also a cornerstone of vibrant, healthy neighbourhoods and supports the environmental and economic health of the city, region and country as a whole.

The City Planning Division recommends the following:

1. Deleting Recommendation 4.a) ii. and replacing it with the following:

ii. Prior to the earlier of condominium registration or first residential use on site, the owner shall design, construct, commission, finish and convey in fee simple to the City, in an environmental condition in accordance with all City policies, for nominal consideration and at no cost to the City, a minimum 925 square metres Community Agency Space located on levels one (156 metres) and two (770 metres) of the base building fronting Nelson Street and subject to the following:

A. The Community Agency Space shall be delivered to the City in accordance with the City's Community Space Tenancy Policy in order to be leased by the City to an eligible non-profit organization and finished to Base Building Condition (shell space prior to final fitout), with the terms and specifications to be secured in the Section 37 Agreement, all satisfactory to the Executive Director, Social Development, Finance and Administration, the Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning and the City Solicitor;

B. Prior to the conveyance of the Community Agency Space to the City, the owner shall provide a one-time cash contribution in the amount of $1,500,000.00 for total finishing costs of the community agency space;

C. The financial contribution pursuant to Recommendation 4.a) ii. B. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto Census Metropolitan area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135-10, or its successor, calculated from the date of execution of the Agreement to the date of payment; and

D. Concurrent with or prior to, the conveyance of the Community Agency Space to the City, the owner and the City shall enter into, and register on title to, the appropriate lands an Easement and Cost Sharing Agreement for nominal consideration and at no cost to the City, that is in a form and content satisfactory to the City Solicitor in consultation with the Executive Director, Social Development, Finance and Administration, the Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning. The Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement, and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the owner as they pertain to the Community Agency Space.

2. Deleting Recommendation 4.a) iii. and replacing it with the following:

iii. Prior to the earlier of condominium registration or first residential use on site, the owner shall design, construct, finish, commission and convey in fee simple to the City, in an environmental condition in accordance with all City policies, for nominal consideration and at no cost to the City, Paramedic Post comprising of a minimum of 110 square metres of interior space plus an adjacent two-bay ambulance parking area, measuring a minimum of 110 square metres with access from Nelson Street, all located on the ground floor, and subject to the following:

A. The Paramedic Post shall be delivered to the City finished to Base Building Condition (shell space prior to final fitout), with the terms and specifications to be secured in the Section 37 Agreement, all satisfactory to the Executive Director, Corporate Real Estate Management, the Chief, Toronto Paramedic Services, the Chief Planner and Executive Director, City Planning and the City Solicitor;

B. Prior to the conveyance of the Paramedic Post to the City, the owner shall provide a one-time cash contribution in the amount of $ 371,250 for total finishing costs of the Paramedic Post;

C. The financial contribution pursuant to Recommendation 4.a) iii. B above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto Census Metropolitan area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135-10, or its successor, calculated from the date of execution of the Agreement to the date of payment; and

D. Concurrent with or prior to, the conveyance of the Paramedic Post to the City, the owner and the City shall enter into, and register on title to, the appropriate lands an Easement and Cost Sharing Agreement for nominal consideration and at no cost to the City, that is in a form satisfactory to the City Solicitor in consultation with Executive Director, Corporate Real Estate Management, the Chief, Toronto Paramedic Services, the Chief Planner and Executive Director. The Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement, and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the owner as they pertain to the Paramedic Post.

3. Deleting Recommendation 4.a) iv. A and replacing it with the following:

A. Prior to the earlier of one (1) year from any non-residential or residential use or occupancy, including interim occupancy pursuant to the Condominium Act, 1998, and registration of the first condominium for the site, except as otherwise agreed by the Chief Planner and Executive Director, City Planning, due to unforeseen delays (eg. weather), the owner shall prepare all documents and convey to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, in priority to all title encumbrances, to the satisfaction of the City Solicitor, for nominal consideration and at no cost to the City, a public access easement in perpetuity in favour of the City over the Privately-Owned Publicly-Accessible Open Space set out in Recommendation 4.a) iv. above, on terms set out in the Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning.  The owner shall be responsible, at its own expense, to prepare, submit to the City for approval and deposit all required reference plans to describe the easement; and

This report provides revised recommendations for the Section 37 community benefits package respecting the Zoning Amendment Application at 254-260 Adelaide Street West, to be considered by the Toronto and East York Community Council on June 30, 2022, item TE34.32: http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2022.TE34.32

The proposed revisions include removing requirements for financial securities to be posted for the cost of the design and construction of an on-site Community Agency Space and Paramedic Post, as these have been deemed not necessary, and also to amend numeric referencing errors in the Recommendations section of the report (June 15, 2022) from the Director, Community Planning, Toronto and East York District.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year or in future years.

The City Planning Division recommends that:

1. City Council amend the Railway Lands Central Secondary Plan, for the lands at 315 and 325 Front Street West and the rail corridor between Blue Jays Way and John Street/Rod Robbie pedestrian bridge, substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 6 to the report (June 15, 2022) from the Director, Community Planning, Toronto and East York District.

2. City Council amend the Zoning By-law for the lands at 315 and 325 Front Street West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 7 to the report (June 15, 2022) 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 authorize the City Solicitor to submit the necessary bill(s) to implement the foregoing recommendation(s) provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will issue until such time as the Section 37 Agreement is executed and registered.

5. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:

a. The community benefits recommended to be secured in the Section 37 Agreement are as follows:

i. the design, construction, finishing, maintenance and provision of at least 32 affordable rental housing dwelling units comprised of at least 2,146 square metres of Gross Floor Area on the lands at 315 and 325 Front Street West (the "Affordable Housing Units"), all to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Executive Director, Housing Secretariat, in accordance with the following terms:

aa. at least 10 percent of the Affordable Housing Units shall be three-bedroom rental units with an average size of 102.79 square metres;

bb.  at least 30 percent of the Affordable Housing Units shall be two-bedroom rental units with an average size of 86.40 square metres;

cc. at least 50 percent of the Affordable Housing Units shall be one-bedroom rental units with an average size of 53.79 square metres;

dd. no more than 10 percent of the Affordable Housing Units shall be studio rental units with an average size of 37.75 square metres;

ee. the minimum unit sizes shall be to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Executive Director, Housing Secretariat and shall reflect the minimum and average sizes of the market units in the new mixed use building;

ff. the Affordable Housing Units shall be provided in Phase 1 of the development;

gg.  the location and layouts of the Affordable Housing Units shall be to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat;

hh. the owner shall provide and maintain the Affordable Housing Units as secured rental dwelling units for a minimum period of 40 years beginning from the date that each such unit is first occupied (the "Affordability Period"). During the Affordability Period, no Affordable Housing Unit shall be registered as a condominium unit or any other form of ownership housing that provides a right to exclusive possession of a dwelling unit, including life lease or co-ownership, and no application shall be made to demolish any Affordable Housing Unit or to convert any Affordable Housing Unit to a non-residential rental purpose. Upon the expiration of the Affordability Period, the owner shall continue to provide and maintain the units as rental dwelling units, unless and until such time as the owner has applied for, and obtained, all approvals necessary to do otherwise;

ii. the initial rent (inclusive of utilities) charged to the first tenants of any Affordable Housing Units shall not exceed 100% of the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report;

jj. if an Affordable Housing Unit becomes vacant and is re-rented to a new tenant during the Affordability Period, the initial rent (inclusive of utilities) charged to the new tenant shall not exceed 100% of the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report;

kk. after the first year of occupancy of any Affordable Housing Units and for the duration of the Affordability Period, the rent (inclusive of utilities) charged to the first tenants or new tenants occupying such unit may be escalated annually by not more than the annual provincial rent guideline, regardless of whether such guideline is applicable to the units under the Residential Tenancies Act or any successor legislation governing residential tenancies in Ontario, until the tenancy ends;

ll. notwithstanding the annual rent increases permitted in kk. above, the rent (inclusive of utilities) charged to any first tenants or new tenants occupying an Affordable Housing Unit during the Affordability Period shall not be increased to an amount that exceeds 100% of the average 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;

mm. the City's Centralized Affordable Housing Access System will be used to advertise and select tenants provided it is in place.  In addition, at least six months in advance of any new Affordable Housing Units being made available for rent, the owner shall develop and implement an Access Plan which will outline how units will be rented to eligible households in consultation with, and to the satisfaction of, the Executive Director, Housing Secretariat;

nn. the new Affordable Housing Units shall be made ready and available for occupancy no later than the date by which seventy percent (70%) of the new dwelling units in the proposed development are available and ready for occupancy, or to the satisfaction of, the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat;

oo. the owner shall provide all tenants of the Affordable Housing Units with access to, and use of, all indoor and outdoor amenities in the development at no extra charge and on the same terms and conditions as any other resident of the mixed use building, without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings;

pp. the owner shall provide all tenants of the Affordable Housing Units with ensuite laundry facilities at no extra charge;

qq. the owner shall provide all tenants of the Affordable Housing Units with access to permanent and visitor bicycle parking/bicycle lockers on the same terms and conditions as any other resident of the building in which the Affordable Housing Units are located, and in accordance with the Zoning By-law; and

rr.  prior to the issuance of the first building permit for a residential use on any part of the site, including permits for excavation and shoring, the owner shall enter into a municipal housing facility agreement with the City (the "Contribution Agreement"), for the Affordable Housing Units that are approved for Open Door incentives, on terms satisfactory to the Executive Director, Housing Secretariat and in a form satisfactory to the City Solicitor. The owner shall provide such Affordable Housing Units in accordance with such agreements(s);

ii. the design, construction, finishing, commissioning and equipping of a non-profit licensed child care facility to be located in the second floor of the building in Phase 1, to the satisfaction of the Chief Planner and Executive Director, City Planning, and the General Manager, Children's Services, to accommodate at a minimum 62 children, including infants, toddlers and preschoolers, comprising a minimum of 1,041 square metres of interior space and a minimum of 398 square metres of exterior space adjacent to the interior space including outdoor storage and six (6) parking spaces reserved for the exclusive use of the child care facility for pick-up/drop-off operations, (the "Child Care Centre"), including:

aa. the strata conveyance of the Child Care Centre at no cost to the City, in fee simple, prior to first occupancy of any building within Phase 1 of the development;

bb. on, or prior to the conveyance of the Child Care Centre, the City and the owner shall enter into and register on title to the appropriate lands an Easement and Cost Sharing Agreement for nominal consideration and at no cost to the City, that is in a form satisfactory to the City Solicitor. The Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement and reconstruction of certain shared facilities, and the sharing of costs in respect thereof, or portions of the subject lands to be owned by the City and the owner as they pertain to the Child Care Centre;

cc. a letter of credit in an amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and handover of the Child Care Centre complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the General Manager, Children's Services and the Chief Financial Officer and Treasurer, will be provided to the City prior to the issuance of the first above grade building permit for any building on Phase 1 of the development, to secure the Child Care Centre;

dd. a one-time cash contribution in the amount of $150,000.00 to be used toward start-up costs to be paid prior to the issuance of the first above grade building permit for any building within Phase 1 of the development;

ee. a one-time cash contribution in the amount of $150,000.00 to the Child Care Capital Reserve Fund, to replace appliances and large equipment due to wear and tear, to be paid prior to the issuance of the first above grade building permit for any building within Phase 1 of the development;

ff. all cash contributions shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto calculated from the date of the Section 37 Agreement to the date of payment;

gg. six (6) dedicated parking spaces will be provided free-of-charge for the exclusive use of the child care facility for pick-up/drop-off operations. These spaces to be assigned accordingly, and be located in close proximity to the elevators providing the shortest route between the underground parking garage and the Child Care Centre, which shall be barrier-free. A parking pass will be provided for officials conducting inspections of the child care facility;

hh. any other details related to the Child Care Centre such as timing, location, obligations and any matters necessary to implement the Child Care Centre, which have not been addressed in the recommendations of this report will be finalized between the owner and the City and will be substantially in accordance with the City of Toronto's Child Care Development Guidelines (2021) and to the satisfaction of the Executive Director, Corporate and Real Estate Management, the General Manager, Children's Services, and the Chief Planner and Executive Director, City Planning, in consultation with the City Solicitor;

iii. prior to the issuance of the first above-grade building permit, the owner shall make a contribution in the amount of $7,000,000.00 to be allocated toward the following capital improvements at the discretion of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor:

aa.  a cash contribution of $6,000,000.00 towards land acquisition for parkland and/or capital improvements to parkland in the vicinity of the site; and

bb.  $1,000,000.00 for public art on the lands to be secured by a letter of credit in the City's standard form. The owner shall submit a Public Art Plan, prior to site plan approval, that is in accordance with the City's Percent for Public Art Guidelines to the satisfaction of the Chief Planner and Executive Director, City Planning and details of the public art process to the satisfaction of City Council. 

iv. All contributions referred to in Recommendation 5a) iii.aa. and bb., shall be indexed upwardly in accordance with the Statistics Canada Construction Price Index for Toronto, calculated from the date of the registration of the Section 37 Agreement to the date the payment is made;    

v. In the event the contributions referred to in Recommendation 5 a) iii. aa. and bb. have not been used for the intended purpose within three (3) years of the By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in Ward 10;

b. the following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:

i. The owner shall construct, provide and maintain a Privately Owned Publicly-Accessible Space ("POPS") at 315 and 325 Front Street West with a minimum area of 400 square metres at the northeast area of the site along Front Street West in the location generally identified in the Zoning By-law Amendment, with the specific configuration and design of the POPS to be determined and secured in the context of Site Plan Approval for the development to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor; and

ii. The owner shall construct, provide and maintain a Privately Owned Publicly-Accessible Space ("POPS") at 315 and 325 Front Street West with a minimum area of 200 square metres near the entrance to the winter garden along Front Street West in the location generally identified in the Zoning By-law Amendment, with the specific configuration and design of the POPS to be determined and secured in the context of Site Plan Approval for the development to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; and

iii. Prior to the occupancy for any portion of the Phase 2 portion of the development, except as otherwise agreed by the Chief Planner Executive Director, City Planning, due to unforeseen delays (eg. Weather), prepare all documents and convey to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, in priority, and for nominal consideration, a public access easement in perpetuity in favour of the City over the two Privately Owned Publicly-Accessible Spaces set out in Recommendation 5 b) i. and ii. with terms set out in the Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

iv. the owner shall be responsible for the design, construction, provision and maintenance of a PATH connection through the proposed development, including the conveyance at nominal cost to the City of easement(s) for use by the general public, and shall provide knock-out panels in the lower levels of the development to provide for the extension of the PATH to the east and north of the site, with the details of the PATH connection and knock-out panels to be determined and secured at Site Plan Approval; 

v. the owner shall provide a minimum 3.0 metre wide public pedestrian easement to the City, on terms and conditions satisfactory to the City Solicitor, in a location generally described as a north to south access over the eastern portion of the site, from the proposed privately owned publicly-accessible space referred to in Recommendation 5. b) ii. to the walkway adjacent to the south of the development, with details of the location and final design to be determined and secured in the context of Site Plan Approval for the development to the satisfaction of the Chief Planner and Executive Director, City Planning, and that such easement lands be maintained by the owner at its sole cost. The conveyance of the easement shall be at no cost to the City to the satisfaction of the City Solicitor and the owner shall be responsible to prepare, submit to the City for approval and deposit all required reference plans to describe the easement;

vi. prior to the commencement of any excavation or shoring work, the owner shall submit a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director City Planning, the General Manager of Transportation Services and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor and thereafter in support of the development, will implement the Plan during the course of construction.  The Construction Management Plan will include, but not be limited to the following construction-related details: noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, parking and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, and any other matters requested by the Chief Planner and Executive Director City Planning and General Manager, Transportation Services, in consultation with the Ward Councillor;

vii. provisions that require, prior to the commencement of any demolition, excavation and shoring work, and prior to the first building permit the owner shall provide required easements and technical reports to the City for the purposes of reconstruction, maintenance, repair, protection and monitoring of the Transmission Watermain that traverses the site to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, as set out in Attachment 8 to the report (June 15, 2022) from the Director, Community Planning, Toronto and East York District;  

viii. provisions that require that the owner provide easements in relation to maintenance of the Blue Jays Way and John Street/Rod Robbie Pedestrian bridges.

ix. The owner shall submit an updated Design and Engineering Analysis of the Rail Corridor Overbuild Structure, updated Air Quality Study, and a Sight Line Analysis for the John Street Interlocking Tower, at the time of Site Plan Approval for the overbuild structure to the satisfaction of the Chief Planner and Executive Director, City Planning;

x. The owner shall submit updated Crash Wall Design Reports and Drawings, and an updated Noise and Vibration Impact Study, at the time of Site Plan Approval for the development, to the satisfaction of the Chief Planner and Executive Director, City Planning; and

xi. The owner shall construct and maintain the development of the site in accordance with Tier 1, Toronto Green Standard, and the owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of the Toronto Green Standards, applicable at the time of site plan application for each building on the site.

6.  City Council authorize the Executive Director, Housing Secretariat, to negotiate and execute a municipal housing facility agreement (the "Contribution Agreement") with the owner for the development of the Affordable Housing Units at 315 and 325 Front Street West to secure 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.

7. City Council approve the provision of financial incentives pursuant to the City's Open Door Affordable Housing Program in relation to the Affordable Housing Units as follows:

a. City Council exempt the 32 affordable rental dwelling units at 315 and 325 Front Street West from taxation for municipal and school purposes for the 40-year Affordability Period; and

b. City Council authorize the 32 new affordable rental dwelling units at 315 and 325 Front Street West to be eligible for waivers of fees for planning applications, building permits and parkland dedication, and for development charges exemptions, unless already paid.

8.City Council authorize the Executive Director, Housing Secretariat, on behalf of the City, to execute any security of financing documents, or any other documents required to facilitate the delivery of the Affordable Housing Units, including any documents required by the owner 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 Council.

9.  City Council authorize all parkland dedication cash-in-lieu funds collected for 315 and 325 Front Street West, pursuant to Section 42 of the Planning Act to be allocated to contribute to new, expanded, and improved parkland opportunities within the vicinity that will produce new parkland with significant City-wide impact.

10. 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 Contribution Agreement.

11. City Council, pursuant to subsection 45(1.4) of the Planning Act, R.S.O. 1990, c. P.13, permit applications for minor variances from the former Railway Lands Central Zoning By-law 1994-0806 in respect of the development at 315 and 325 Front Street West before the second anniversary of the day on which the Zoning By-law amendment in Recommendation 2 above is enacted.

The application proposes to amend the Railway Lands Central Secondary Plan and Railway Lands Central Zoning By-law to permit a mixed-use development with office, residential and retail uses in four buildings, including two office buildings and two residential buildings.  The application also proposes to permit park and other open spaces uses over the rail corridor in the area between Blue Jays Way and the John Street/Rod Robbie pedestrian bridge. The office buildings are proposed to have heights of 50 storeys (262 metres) and 60 storeys (303 metres). The residential buildings are proposed to have heights of 50 storeys (186 metres) and 52 storeys (192 metres). The application proposes 832 rental dwelling units, of which 32 are proposed as affordable rental units. A total gross floor area of 340,422 square metres is proposed including 260,610 square metres of office floor area and 11,941 square metres of retail floor area. A child care centre accommodating 62 children is proposed.  The application also includes two privately owned publicly-accessible spaces fronting onto Front Street West. A four-level underground garage and 688 vehicle and 2,007 bicycle parking spaces are proposed.

The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020), and conforms with the Official Plan, Downtown Secondary Plan and Railway Lands Central Secondary Plan.  The proposal presents an appropriate built form that is compatible with the surrounding context. The development includes purpose built rental housing, and significant office floor area expanding the Financial District promoting economic investment, in keeping with the Official Plan and Downtown Secondary Plan. The Official Plan amendment also provides opportunities for parkland and other open space uses over the rail corridor between Blue Jays Way and John Street/Rod Robbie Pedestrian bridge in keeping with the Downtown Secondary Plan and Railway Lands Central Secondary Plan.  Approval of the development would also secure a number of community benefits including new affordable housing units consistent with the Official Plan.

This report reviews and recommends approval of the proposed Official Plan and Zoning By-law Amendments. The report also recommends approval of Open Door Affordable Rental Program incentives for 32 new affordable rental homes in the development.

Affordable Housing

This report recommends City Council approval of financial incentives under the Open Door Affordable Housing Program of approximately $2,404,176 for 32 affordable rental dwelling units to be created at 315 and 325 Front Street West.

Were the City to accept the proposed affordable rental units solely as a Section 37 contribution, the anticipated affordability period would have been only 25 years. However, in exchange for receiving Open Door Program incentives for these affordable rental units, the applicant has agreed to extend the affordable rental period to 40 years. This extended affordability period reflects the value of these incentives.

The proposed incentives through the Open Door Affordable Housing Program includes exemptions from development charges, planning and building permit fees, and property taxes for 40 years. Based on applicable fees, charges, and tax exemption estimates, the average of these incentives is $75,131 per unit, for a total additional investment of approximately $2,404,176 in City incentives is proposed as outlined in Table 1 below.

These incentives are not a direct capital payment from the City but rather foregone revenues that the City waives or forgives under the Open Door Affordable Housing Program.  Values are based on 2022 tax rates, 2022 AMR rates, November 2021 development charge rates, 2022 building permit fees and 2022 planning fees.

Table 1:  Breakdown of Value of Open Door Program Incentives

At current 2022 rates, the value of the annual property tax exemption is estimated at $33,182. The net present value of this tax relief over the 40-year term that the incentives would be in effect is estimated at $766,992, as summarized in Table 2 below.

A tax exemption would have no net present impact to the City for the educational portion of taxes remitted to the Province.

Table 2:  Value of Property Tax Exemption

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the information as present in the Financial Impact Section.

The City Planning Division recommends that:

1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 689 King Street West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 5 to the report (June 9, 2022) from the Director, Community Planning, Toronto and East York District.

2. City Council authorize the City Solicitor to submit the necessary bill(s) to implement the foregoing recommendations provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will be issued until such time as the Section 37 Agreement is executed and registered.

3. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:

a) Prior to the issuance of the first above-grade building permit, a cash contribution of $500,000 towards improvements to parkland and the adjacent public realm at Stanley Park, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

b) All cash contributions referred to in Recommendation 3 i) shall be indexed upwardly in accordance with the Statistics Canada Construction Price Index for Toronto, calculated from the date of registration of the Section 37 Agreement to the date the payment is made;

c) In the event the cash contributions referred to in Recommendation 3. a) have not been used for the intended purposes within 3 years of the By-laws coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in Ward 10; and

d) Prior to Site Plan Approval, the owner shall submit, and thereafter implement, a Construction Management Plan to address matters such as wind, noise, dust, traffic mitigation, and street closures during construction, which shall be to the satisfaction of the General Manager, Transportation Services and Chief Planner and Executive Director, City Planning, and developed in consultation with the Ward Councillor.

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

5. City Council declare, pursuant to subsection 45(1.4) of the Planning Act, R.S.O. 1990, c. P.13 for the purposes of subsection 45(1.3) of the Planning Act, R.S.O. 1990, c. P.13, that the owner, may be permitted to apply to amend the site specific zoning by-law for the lands at 689 King Street West before the second anniversary of the first day on which any part of the site specific by-law comes into effect.

The application proposes to amend the Zoning By-law to permit the redevelopment of the site with a 18-storey hotel building fronting King Street West and a 11-storey hotel building closer to the rear of the site. The two hotel components would be connected by a 1-storey enclosed base building. A maximum total gross floor area of 13,241 square metres and a density of 8.32 times the area of the lot is proposed. A total of 25 vehicle parking spaces, 14 bicycle parking spaces, one Type B loading space and one Type B/C loading space would be provided within the ground level and two underground levels. Vehicular access to the site is proposed via an existing driveway on the east side of the site.  

The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020), and conforms with the Toronto Official Plan and Garrison Common North Secondary Plan.

The proposal presents an appropriate built form and contribution to the public realm that is compatible with the surrounding context. It has been revised, since its initial submission, to reduce the built form impact on the adjacent properties by providing a west facing upper storey side stepback and reducing the height of the rear building. The application has addressed transportation related comments by incorporating an existing curb cut and providing a drop-off area along King Street West. This report reviews and recommends approval of the proposed Zoning By-law Amendment.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year or in future years.

The City Planning Division recommends that:

1. City Council amend Harbourfront Zoning By-law 289-93, as amended, for the lands at 200, 208, 218, 228 and 230 Queens Quay West and 8 York Street West and By-law No. 93-81 for the lands at 207 and 211 Queens Quay West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 (June 13, 2022) to the report 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 authorize the City Solicitor to submit the necessary bill(s) to implement the foregoing recommendation(s) provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will issue until such time as the Section 37 Agreement is executed and registered.

4. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:

a) The community benefits recommended to be secured in the Section 37 Agreement are as follows:

i. the design, construction, finishing, maintenance and provision of at least 76 affordable rental housing dwelling units on the lands at 200 Queens Quay West (the "Affordable Housing Units") comprised of at least ten (10%) percent of the total residential Gross Floor area of the new mixed use building, all to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Executive Director, Housing Secretariat, in accordance with the following terms:

aa. at least forty (40%) percent of the Affordable Housing Units shall be a two-bedroom or a three-bedroom rental dwelling unit, where at least ten (10%) percent of the Affordable Housing Units shall be a three-bedroom rental dwelling unit;

bb.  the minimum unit sizes shall be to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Executive Director, Housing Secretariat and shall reflect, and in no event be less than the minimum and average sizes of the market units in the new 59-storey mixed use building;

cc. one-bedroom Affordable Housing Units shall have a minimum average unit size of 50 square metres, two-bedroom Affordable Housing Units shall have a minimum average unit size of 64.5 square metres, and three-bedroom Affordable Housing Units shall have a minimum average unit size of 83.5 square metres;

dd. the location and layouts of the Affordable Housing Units shall be to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat;

ee. the owner shall provide and maintain the Affordable Housing Units as secured rental dwelling units for a minimum period of 40 years beginning from the date that each such unit is first occupied (the "Affordability Period"). During the Affordability Period, no Affordable Housing Unit shall be registered as a condominium unit or any other form of ownership housing that provides a right to exclusive possession of a dwelling unit, including life lease or co-ownership, and no application shall be made to demolish any Affordable Housing Unit or to convert any Affordable Housing Unit to a non-residential rental purpose. Upon the expiration of the Affordability Period, the owner shall continue to provide and maintain the units as rental dwelling units, unless and until such time as the owner has applied for, and obtained, all approvals necessary to do otherwise;

ff. the initial rent (inclusive of utilities) charged to the first tenants of any Affordable Housing Units shall not exceed 100% of the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report;

gg. if an Affordable Housing Unit becomes vacant and is re-rented to a new tenant during the Affordability Period, the initial rent (inclusive of utilities) charged to the new tenant shall not exceed 100% of the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report;

hh. after the first year of occupancy of any Affordable Housing Units, and for the duration of the Affordability Period, the rent (inclusive of utilities) charged to the first tenants or new tenants occupying such unit may be escalated annually by not more than the annual provincial rent guideline, regardless of whether such guideline is applicable to the units under the Residential Tenancies Act or any successor legislation governing residential tenancies in Ontario, until the tenancy ends;

ii. notwithstanding the annual rent increases permitted in hh. above, the rent (inclusive of utilities) charged to any first tenants or new tenants occupying an Affordable Housing Unit during the Affordability Period shall not be increased to an amount that exceeds 100% of the average 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;

jj. The City's Centralized Affordable Housing Access System will be used to advertise and select tenants, provided it is in place, unless otherwise agreed to by the Executive Director, Housing Secretariat.  In addition at least six months in advance of any new Affordable Housing Units being made available for rent, the owner shall develop and implement an Access Plan, which will outline how units will be rented to eligible households in consultation with, and to the satisfaction of, the Executive Director, Housing Secretariat;

kk. the new Affordable Housing Units shall be made ready and available for occupancy no later than the date by which seventy percent (70%) of the new dwelling units in the 59-storey mixed use building are available and ready for occupancy, or to the satisfaction of, the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat;

ll. the owner shall provide all tenants of the Affordable Housing Units with access to, and use of, all indoor and outdoor amenities in the development at no extra charge and on the same terms and conditions as any other resident of the mixed use building, without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings;

mm. the owner shall provide all tenants of the Affordable Housing Units with ensuite laundry facilities no extra charge;

nn. the owner shall provide all tenants of the Affordable Housing Units with access to permanent and visitor bicycle parking/bicycle lockers on the same terms and conditions as any other resident of the building in which the Affordable Housing Units are located, subject to a maximum charge to the satisfaction of the Chief Planner and Executive Director, City Planning and in accordance with the Zoning By-law; and

oo. prior to the issuance of the first building permit for a residential use on any part of the site, including permits for excavation and shoring, the owner shall enter into a municipal housing facility agreement with the City ("Contribution Agreement"), for the Affordable Housing Units that are approved for Open Door incentives, on terms satisfactory to the Executive Director, Housing Secretariat and in a form satisfactory to the City Solicitor.  The owner shall provide such Affordable Housing Units in accordance with such agreement(s).

iii.  the owner shall make a cash contribution in the amount of $250,000.00 to be allocated toward the following capital improvements at the discretion of the Chief Planner and Executive Director, City Planning in consultation wih the Ward Councillor;

aa. prior to the issuance of the first above-grade building permit a cash contribution of $160,000.00 toward parkland improvements for parks in the vicinity of the site; and

bb. at such time as the By-law comes into full force and effect, a cash contribution of $90,000.00 toward the Bentway Waterfront Reconnect project for improvements under the Gardiner Expressway at Lower Simcoe Street; 

which contributions shall be indexed upwardly in accordance with the Statistics Canada Construction Price Index for Toronto, calculated from the date of the registration of the Section 37 Agreement to the date the payment is made; and

iv. in the event the cash contributions referred to in Recommendation 4.a) iii. aa. and bb. have not been used for the intended purpose within three (3) years of the By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in Ward 10.

b) The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support the development:

i. the owner shall convey to the City, an on-site parkland dedication contemplated by Section 42 of the Planning Act, having a minimum size of 488 square metres, situated in the west portion of the site, as shown generally on the Site Plan drawing A1.02 prepared by Wallman Architects, revision 3 dated March 18, 2022, to the satisfaction of the General Manager, Parks, Forestry and Recreation, and in accordance with the terms and conditions of parkland conveyance and construction as set out in the draft Zoning By-law Amendment in Attachment 6 to the report dated June 13, 2022 from the Director, Community Planning, Toronto and East York District;

ii. acceptance of the on-site parkland dedication is subject to the owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances, and enroachments, 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, Forestry 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, Forestry and Recreation and the Executive Director, Corporate Real Estate Management;

iii. prior to the earlier of the commencement of any excavation or shoring work, and issuance of the first building permit, the owner shall submit a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager of Transportation Services and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor and thereafter in support of the development, will implement the Plan during the course of construction.  The Construction Management Plan will include, but not be limited to the following construction-related details: noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, parking and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, and any other matters requested by the Chief Planner and Executive Director City Planning and General Manager, Transportation Services, in consultation with the Ward Councillor;

iv.  provisions that require, prior to site plan approval the owner shall make satisfactory arrangements with the Chief Engineer and Executive Director, Engineering and Construction Services to secure, pay for and construct improvements to the sanitary infrastructure in connection with the Functional Servicing and Stormwater Management Report, as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that upgrades and/or improvements are required to such infrastructure to support the development;

v. provisions that require the owner to provide a minimum of 125 non-exclusive parking spaces within the parking garage for the development to address off-site parking obligations for properties at 208 and 218 Queens Quay West and 8 York Street, 207 and 211 Queens Quay West and 250, 260, and 270 Queens Quay West, on terms set out in the Section 37 agreement and to be secured in the context of Site Plan Approval to the satisfaction of the Director Community Planning, Toronto and East York District; and

vi. the owner shall construct and maintain the development of the site in accordance with Tier 1, Toronto Green Standard, and the owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of the Toronto Green Standards, applicable at the time of site plan application for each building on the site.

4.  City Council authorize the Executive Director, Housing Secretariat, to negotiate and execute a municipal housing facility agreement (the "Contribution Agreement") with the owner for the development of the Affordable Housing Units at 200 Queens Quay West, to secure 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.

5. City Council approve the provision of financial incentives pursuant to the City's Open Door Affordable Housing Program in relation to the Affordable Housing Units as follows:

a) City Council exempt the up to 79 affordable rental dwelling units at 200 Queens Quay West from taxation for municipal and school purposes for the 40-year Affordablity Period;

b) City Council authorize the up to 79 new affordable rental dwelling units at 200 Queens Quay West  to be eligible for waivers of fees for planning applications, building permits and parkland dedication, and for development charges exemption, unless already paid. 

6. 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 Housing Units, including any documents required by the owner 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 Council.

7. 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 Contribution Agreement.

8. In the event the owner elects to design and construct 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, Forestry 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, Forestry 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.

9. City Council declare, pursuant to subsection 45(1.4) of the Planning Act, R.S.O. 1990, c. P.13 for the purposes of subsection 45(1.3) of the Planning Act, R.S.O. 1990, c. P.13, that the Owner, may be permitted to apply to amend the site specific zoning by-law for the lands at 200 Queens Quay West before the second anniversary of the first day on which any part of the site specific by-law comes into effect.

This application proposes to amend the Harbourfront Zoning By-law 289-93, as amended, to permit the redevelopment of the property at 200 Queens Quay West currently occupied with an 8 storey above-grade parking garage and provide for a new mixed-use development including residential, retail and public park uses. The development proposes a 59-storey building and 60,258 square metres of gross floor area of which 298 square metres is proposed as retail space. A total of 997 dwelling units are proposed, of which at least 76 and up to 79 are proposed as affordable rental housing units. A four level below grade garage is proposed with 340 vehicle parking spaces and 1,005 bicycle parking spaces. A 488 square metre public park is proposed on-site at the southeast corner of Lower Simcoe Street and Harbour Street.

The application also proposes to amend parking requirements within the zoning by-law for nearby properties where this parking is situated within the existing garage on the site.  This includes removing the requirement for recreational (public) parking for the subject site, 208 and 218 Queens Quay West and 8 York Street (Waterclub condominiums) and at 228 and 230 Queens Quay West (Riveriera condominiuns).  A reduction in the amount of parking for 207 and 211 Queens Quay West (Queens Quay Terminal Building) is also proposed.  Parking for the Queens Quay Terminal building as well as visitor parking for nearby properties including 208, 218 Queens Quay West and 8 York Street and 250 - 270 Queens Quay West, is proposed to continue to be provided within the new below-grade garage on the site.

The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020), and conforms with the Official Plan and Central Waterfront Secondary Plan. 

The proposal presents an appropriate built form that is compatible with the surrounding context. The development includes affordable rental housing, as well as on-site public parkland and public realm enhancements in keeping with the Official Plan and Central Waterfront Secondary Plan.  Approval of the development would  secure a number of community benefits including new affordable housing units consistent with the Official Plan.

This report reviews and recommends approval of the proposed Zoning By-law Amendment. The report also recommends the approval of Open Door Affordable Rental Housing Program incentives for at least 76 and up to 79 new affordable rental homes in the development.

Affordable Housing

This report recommends City Council approval of financial incentives under the Open Door Affordable Housing Program of approximately $6,844,593 for the up to 79 and not less than 76 affordable rental dwelling units to be created at 200 Queens Quay West.

Were the City to accept the proposed affordable housing units solely as a Section 37 contribution, the anticipated affordability period would have been only 25 years. However, in exchange for receiving Open Door Program incentives for these affordable rental units, the applicant has agreed to extend the affordable rental period to 40 years. This extended affordability period reflects the value of these incentives.

The proposed incentives through the Open Door Affordable Housing Program includes exemptions from development charges, planning and building permit fees, and property taxes for 40 years. Based on applicable fees, charges, and tax exemption estimates, the average of these incentives is $86,640 per unit, for a total investment of approximately $6,844,593 in City incentives as outlined in Table 1 below.

These incentives are not a direct capital payment from the City but rather foregone revenues that the City waives or forgives under the Open Door Affordable Housing Program.  Values are based on 2022 tax rates, 2022 AMR rates, November 2021 development charge rates, 2022 building permit fees and 2022 planning fees.

Table 1:  Breakdown of Value of Open Door Incentives

At current 2022 rates, the value of the annual property tax exemption is estimated at $90,818. The net present value of this tax relief over the 40-year term that the incentives would be in effect, is estimated at $2,099,232, as summarized in Table 2 below.

A tax exemption would have no net present impact to the City for the educational portion of taxes remitted to the Province.

Table 2:  Value of Property Tax Exemption

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the information as presented in the Financial Impact Section.

The City Planning Division recommends that:

1. In accordance with the delegated approval under By-law 229-2000, as amended, City Council be advised that the Chief Planner and Executive Director, City Planning, intends to approve the Draft Plan of Subdivision as generally illustrated in Attachment 3 to the report (June 10, 2022), from the Director, Community Planning, Toronto and East York District, subject to:

a. the conditions as generally listed in Attachment 4 to the report (June 10, 2022), from the Director, Community Planning, Toronto and East York District, which, except as otherwise noted, must be fulfilled prior to final approval and the release of the Plan of Subdivision for registration; and

b. any such revisions to the proposed subdivision plan or any such additional modified conditions as the Chief Planner and Executive Director, City Planning, may deem to be appropriate to address matters arising from the ongoing technical review of this development.

This report advises that the Chief Planner and Executive Director, City Planning intends to approve the Draft Plan of Subdivision to divide 178-180 Queens Quay East into six blocks including a mixed use development parcel (Block 1), portions of a new east-west street between Richardson Street and Lower Sherbourne Street (Blocks 2 and 3), lands that will allow for the realignment and widening of Lower Sherbourne Street (Blocks 4 and 5), and a road widening for Queens Quay East (Block 6).

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year or in future years.

The City Planning Division recommends that:

1. City Council amend the Zoning By-law, for the lands at 462 Wellington Street West and 489 - 539 King Street West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 11 to the report (June 13, 2022) 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 authorize the City Solicitor to submit the necessary bill(s) to implement the foregoing recommendation(s) provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will issue until such time as the Section 37 Agreement is executed and registered.

4. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:

a) The community benefits recommended to be secured in the Section 37 Agreement are as follows:

i.  Prior to the issuance of the first above-grade building permit, the owner shall make a cash contribution of $900,000.00 to be allocated, to the following capital improvements, at the discretion of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor:

aa. $720,000.00 towards the design and construction of the future park at 456 Wellington Street West; and

bb. $180,00.00 for the provision of new affordable rental housing units in or the capital improvement of existing affordable housing in Ward 10, to be directed towards the City of Toronto's Capital Revolving Fund for Affordable Housing;

ii. All cash contributions referred to in Recommendation 4. a) i. aa. and bb. shall be indexed upwardly in accordance with the Statistics Canada Construction Price Index for Toronto, calculated from the date of the registration of the Section 37 Agreement to the date the payment is made;         

iii. in the event the cash contributions referred to in Recommendation 4. a) i. aa. and bb. have not been used for the intended purpose within three (3) years of the By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in Ward 10;

iv. the owner shall construct, provide and maintain a Privately Owned and Publicly-Accessible Open Space ("POPS") at 462 Wellington Street West with a minimum area of 230 square metres at the northern edge of the property in the location generally identified in the Zoning By-law Amendment, with the specific configuration and design of the POPS to be determined and secured in the context of Site Plan Approval for the development to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; and

b) The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:

i. prior to the commencement of any excavation or shoring work, the owner shall submit a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning, General Manager of Transportation Services and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor and thereafter in support of the development, will implement the Plan during the course of construction.  The Construction Management Plan will include, but not be limited to the following construction-related details: noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, parking and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, and any other matters requested by the Chief Planner and Executive Director, City Planning and General Manager, Transportation Services, in consultation with the Ward Councillor;

ii. prior to site plan approval, the owner shall make satisfactory arrangements with the Chief Engineer and Executive Director, Engineering and Construction Services to pay for and construct any improvements to the municipal infrastructure in connection with the site servicing assessment in the Functional Servicing and Stormwater Management Report(s), as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that upgrades and/or improvements are required to such infrastructure to support the development.

5. Before introducing the necessary bills to City Council, that Consent Application File No. 22-159727 STE 10 CO that proposes a permanent below-grade easement from the property at 489 - 539 King Street West to enable the extension of the below grade garage at 462 Wellington Street West to connect to the below-grade garage at 489 - 539 King Street West be approved by the Committee of Adjustment and such decision is final and binding.

6. City Council authorize the General Manager, Parks, Forestry and Recreation, in consultation with the Ward Councillor, to establish a process that promotes design excellence and distinction of the new park secured at 456 Wellington Street West, with the involvement of the Wellington Place Resident's Association, Condo Boards and Tenant Associations from neighbouring buildings, and other community stakeholders.

7. City Council declare, pursuant to subsection 45(1.4) of the Planning Act, R.S.O. 1990, c. P.13 for the purposes of subsection 45(1.3) of the Planning Act, R.S.O. 1990, c. P.13, that the owner, may be permitted to apply to amend the site specific zoning by-law for the lands at 462 Wellington Street West before the second anniversary of the first day on which any part of the site specific by-law comes into

This application proposes to amend the Zoning By-law to permit a 15-storey (50 metres inclusive of mechanical penthouse) mixed-use building with retirement residential uses, including independent, assisted living and memory care units and rooms, office and retail uses at 462 Wellington Street West. There is a designated heritage building on the west portion of the property known as the Northrop and Lyman Company Manufacturing Building that is proposed to be conserved and re-used for office and retail purposes. The proposal includes a total of 137 dwelling rooms and units and 7,561 square metres of non-residential floor area.  A 230 square metre Privately Owned Publicly-Accessible Open Space (POPS) is proposed along the north portion of the site. The application also proposes the extension of the below-grade garage onto the adjacent property to the north at 485-539 King Street West to provide for a connection between the two buildings to facilitate a below-grade shared access for parking and loading purposes.

The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020), and conforms with the Official Plan and King-Spadina Secondary Plan. 

The proposal conserves a significant heritage building, presents an appropriate built form that is compatible with the surrounding context, provides for retirement housing, and proposes public realm enhancements in keeping with the Official Plan and King- Spadina Secondary Plan.  This report reviews and recommends approval of the proposed Zoning By-law Amendment.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year or in future years.

The City Planning Division recommends that:

1. City Council amend Zoning By-law 569-2013, for the lands at 110-116 Avenue Road, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (June 13, 2022) 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 authorize the City Solicitor and appropriate City staff to take such actions as are required to implement City Council's decision, including the execution and implementation of appropriate agreements.

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

a. revise the Functional Servicing Report prepared by Counterpoint Engineering, dated April 29, 2022, to address the comments in the memorandum from Engineering and Constructions Services dated June 9, 2022, and re-submit to the City for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

5. City Council require the owner to provide and implement an acceptable Tenant Relocation and Assistance Plan to mitigate hardship for eligible tenants of the existing three (3) rental dwelling units proposed to be demolished at 110 Avenue Road prior to the issuance of Notice of Approval Conditions (NOAC) for Site Plan Approval. The Tenant Relocation and Assistance Plan, including the final list of eligible tenants, shall be developed in consultation with, and to the satisfaction of, the City Solicitor and Chief Planner and Executive Director, City Planning.

6. City Council request the Chief Planner and Executive Director, City Planning, and the General Manager, Transportation Services to review the potential of widening Tranby Avenue to permit two-way traffic from Avenue Road to the proposed driveway on the site in consultation with the adjacent landowners and the Ward Councillor prior to Site Plan Approval.

This report reviews and recommends approval of an application to amend the Zoning By-law to permit a 9-storey mixed-use building at 110-116 Avenue Road. The building is proposed to contain 45 dwelling units and 350 square metres of retail space and an underground parking garage containing 52 vehicle parking spaces and 46 bicycle parking spaces.

The proposal contemplates the alteration of a heritage structure on the site, conserving the building in three-dimensional form. It also includes a new publicly-accessible driveway and pedestrian walkway that provides access from the public lane north of the site to Tranby Avenue.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year or in future years.

The City Planning Division recommends that:

1. City Council amend the City of Toronto Official Plan, for the lands at 287 Christie Street, substantially in accordance with the draft Official Plan Amendment attached as Attachment 5 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District.

2. City Council amend Zoning By-law 569-2013, for the lands at 287-291 Christie Street, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District.

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

4. City Council direct that the owner submit the following materials to the City for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, at the owner's sole expense, either prior to Site Plan Approval or the first building permit for shoring and excavation:

a) Functional Servicing and Stormwater Management Report;

b) Hydrogeological Report;

c) Servicing Report Groundwater Summary Form; and

d) Hydrogeological Review Summary Form.

5. City Council direct that the owner pay for and construct any improvements to the municipal infrastructure, should it be determined that improvements to such infrastructure are required to support this development following the resubmission, review and acceptance of the Functional Servicing Report by the Chief Engineer and Executive Director, Engineering and Construction Services. This matter will be determined and secured through the Site Plan Control application process to the satisfaction of the Chief Planner and Executive Director, City Planning and the Chief Engineer and Executive Director, Engineering and Construction Services.

This report reviews and recommends approval of the application to amend the Official Plan and Zoning By-law to permit a 6-storey residential building at 287-291 Christie Street. The building is proposed to contain 42 dwelling units totalling 3,335 square metres of gross floor area. At the rear of the site, 21 vehicular parking spaces accessed by the rear laneway are proposed to be located within a multi-level parking stacker.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year, or in future years.

The City Planning Division recommends that:

1. City Council amend the Official Plan for the property at 888 Dupont Street substantially in accordance with the draft Official Plan Amendment attached as Attachment 5 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District.

2. City Council amend Zoning By-law 569-2013, for the property at 888 Dupont Street, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District.

3. City Council authorize the City Solicitor to submit the necessary bill(s) to implement the foregoing recommendation(s) provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will issue until such time as the Section 37 Agreement is executed and registered.

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

5. City Council require the owner to enter into and register on title an agreement pursuant to Section 37 of the Planning Act and any other necessary agreement(s), in connection with 888 Dupont Street, all to the satisfaction of the Chief Planner and Executive Director, City Planning Division and the City Solicitor, as follows:

a. the community benefits to be secured in the Section 37 Agreement are as follows:

i. The owner shall provide and maintain twenty (20) new affordable rental housing dwelling units on the lands at 888 Dupont Street (the "Affordable Housing Units"), comprised of at least ten (10) percent of the total residential Gross Floor Area of the new 14-storey mixed use building, all to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Executive Director, Housing Secretariat, in accordance with the following terms:

A. at least forty (40%) per cent of the Affordable Housing Units shall be a two-bedroom or a three-bedroom rental dwelling unit;

B. one-bedroom Affordable Housing Units shall have a minimum unit size of 48.7 square metres and a minimum average unit size of 55 square metres and two-bedroom Affordable Housing Units shall have a minimum unit size of 60 square metres and a minimum average unit size of 67.3 square metres;

C. the general configuration, location and layouts of the Affordable Housing Units shall be to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Executive Director, Housing Secretariat, provided that the Affordable Housing Units will be located in contiguous groupings of at least six rental units and that all the Affordable Housing Units will be located on the third floor or higher;

D. the owner shall provide and maintain the Affordable Housing Units as rental dwelling units for a minimum period of forty (40) years beginning from the date that each such unit is first occupied, (the "Affordability Period"). During the Affordability Period, no Affordable Housing Unit shall be registered as a condominium or any other form of ownership housing such as life-lease or co-ownership which provide a right to exclusive possession of a dwelling unit, and no application shall be made to demolish any Affordable Housing Unit or to convert any Affordable Housing Unit to a non-residential rental purpose. Upon the expiration of the Affordability Period, the owner shall continue to provide and maintain the Affordable Housing Units as rental dwelling units, unless and until such time as the owner has applied for, and obtained, all approvals necessary to do otherwise; 

E. the initial rent (inclusive of utilities) charged to the first tenants of any Affordable Housing Units shall not exceed 100% the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report;

F. if an Affordable Housing Unit becomes vacant and is re-rented to a new tenant during the Affordability Period, the initial rent (inclusive of utilities) charged to the new tenant shall not exceed 100% the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report;

G. after the first year of occupancy of any Affordable Housing Units, and for the duration of the Affordability Period, the rent (inclusive of utilities) charged to the first tenants or new tenants occupying such unit may be escalated annually by not more than the annual provincial rent guideline, regardless of whether such guideline is applicable to the units under the Residential Tenancies Act or any successor legislation governing residential tenancies in Ontario, until the tenancy ends;

H. notwithstanding the annual rent increases permitted in 5.a) i. G.. above, the rent (inclusive of utilities) charged to any first tenants or new tenants occupying an Affordable Housing Unit during the Affordability Period shall not be increased to an amount that exceeds 100% of the average 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;

I. the City's Centralized Affordable Housing Access System will be used to advertise and select tenants, provided it is in place. In addition, at least six months in advance of any new Affordable Housing Units being made available for rent, the owner shall develop and implement an Access Plan, which will outline how units will be rented to eligible households in consultation with, and to the satisfaction of, the Executive Director, Housing Secretariat;

J. the new Affordable Housing Units to be constructed shall be made ready and available for occupancy no later than the date by which seventy (70) percent of the new dwelling units in the new mixed use building are available and ready for occupancy, or to the satisfaction of the Chief Planner and Executive Director, City Planning, and the Executive Director, Housing Secretariat;

K. the owner shall provide all tenants of the Affordable Housing Units with access to, and use of, all indoor and outdoor amenities in the new mixed use building at no extra charge and on the same terms and conditions as any other resident of the mixed use building, without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings;

L. the owner shall provide all of the Affordable Housing Units with central air conditioning and ensuite laundry facilities at no extra charge;

M. the owner shall provide all tenants of the Affordable Housing Units with access to visitor parking and permanent and visitor bicycle parking/bicycle lockers on the same terms and conditions as any other resident of the building in which the Affordable Housing Units are located, and in accordance with the Zoning By-law;

N. prior to the issuance of the first building permit for a residential use on any part of the site, including permits for excavation and shoring, the owner shall enter into a municipal housing facility agreement with the City (the "Contribution Agreement"), for the Affordable Housing Units that are approved for Open Door incentives, on terms satisfactory to the Executive Director, Housing Secretariat and in a form satisfactory to the City Solicitor. The owner shall provide such Affordable Housing Units in accordance with such agreement(s);

b. the following be secured in the Section 37 Agreement as a legal convenience as matters required to support development:

i. the owner shall provide, prior to the earlier of Site Plan Approval or the issuance of any foundation permit, a more detailed Pedestrian Level Wind Study, including wind tunnel analysis report, to the satisfaction of the Chief Planner and Executive Director, City Planning, which shall include recommendations to mitigate wind impacts year-round for the pedestrian realm, including the POPS, new public park to the east, and the outdoor areas of the base buildings and outdoor amenity areas. The owner shall implement and maintain all recommended mitigation measures, in support of the development to the satisfaction of the Chief Planner and Executive Director, City Planning;

ii. the owner shall provide an Interpretation Plan for the subject properties, to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning.

iii. the owner shall provide ten (10%) percent of all net new residential units in the proposed development on the Lands as three-bedroom units;

iv. the owner shall pay for and construct any improvements to the municipal infrastructure in connection with the accepted Functional Servicing Report, to be submitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development.

v. the owner shall provide a staging pad abutting the front of the Type G loading space of at least 13.6 square metres, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

vi. the owner shall submit documentation and/or cash contributions toward Transportation Demand Management measures, as listed below, and such cash contributions shall be paid by the owner prior to the issuance of the site plan approval for the development, in the form of certified cheques, to the satisfaction of the General Manger, Transportation Services, and such cash contribution shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication No. 18-10-0135-01, or its successor, calculated from the date of the Section 37 Agreement to the date of payment:

A. The provision of a minimum of three (3) car-share parking spaces;

B. Written confirmation from a car-share operator that the allocated publicly-accessible car-share spaces, provided on-site, have been accepted and included in their services;

C. A payment of $50,000 to provide a new bike-share station on-site or in the area;

D. One (1) car-share membership per unit, offered for the first year of occupancy;

E. One (1) bike-share membership per unit, offered for the first five (5) years of occupancy; and

F. One (1) Presto card per unit, pre-loaded with the value of a monthly pass, offered at the time of occupancy.

vii. Prior to site plan approval and issuance of the first building permit, the owner shall revise and submit to the City, Landscape Plan and plan details, for review and acceptance, to the satisfaction of the Supervisor, Tree Protection and Plan Review, and address all comments made in the Urban Forestry memo dated May 20, 2022.

6. City Council authorize the Executive Director, Housing Secretariat to negotiate and execute the Contribution Agreement with the owner for the development of twenty (20) Affordable Housing Units at 888 Dupont Street to secure 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.

7. City Council approve the provision of financial incentives pursuant to the City's Open Door Affordable Housing Program in relation to the Affordable Housing Units as follows:

a. City Council exempt the twenty (20) new affordable rental dwelling units at 888 Dupont Street from taxation for municipal and school purposes for the 40-year term of the municipal capital facility agreement; and

b. City Council authorize the twenty (20) new affordable rental dwelling units at 888 Dupont Street to be eligible for waivers of fees for planning applications, building permits and parkland dedication, and for development charges exemptions, unless already paid.

8. 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 Housing Units, including any documents required by the owner 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 Council.

9. 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 Contribution Agreement.

This report reviews and recommends approval of the application to amend the Official Plan and Zoning By-laws to permit a 14-storey mixed-use building at 888 Dupont Street. The building is proposed to contain 155 dwelling units, including 20 affordable housing units and 2,028 square metres of non-residential uses including retail, commercial, and light industrial uses. All units will have exanded home occupation (live/work) permissions. A 179 square metres Privately Owned Publicly-Accessible space (POPS) is proposed along both the Dupont Street and Ossington Avenue frontages. A one-level underground parking garage is proposed with 18 vehicle parking spaces and 174 bicycle parking spaces. Also proposed is the preservation and relocation of the existing chimney stack with heritage value which will be integrated into the public realm at the building's entrance. The proposal is targeting Tier 2 of the Toronto Green Standards Version 3.

Affordable Housing

This report recommends City Council approval of financial incentives under the Open Door Affordable Housing Program of approximately $1,576,595.00 for 20 affordable rental dwelling units to be created at 888 Dupont Street.

Were the City to accept the proposed affordable housing units solely as a Section 37 contribution, the anticipated affordability period would have been 25 years secured at 100% of average market rent. However, in exchange for receiving Open Door Program incentives for these affordable rental units, the applicant has agreed to extend the affordable rental period to 40 years. This extended affordability period reflects the value of these incentives.

The proposed incentives through the Open Door Affordable Housing Program includes exemptions from development charges, planning and building permit fees, and property taxes for 40 years. Based on applicable fees, charges, and tax exemption estimates, the average of these incentives is $78,830.00 per unit, for a total of approximately $1,576,595.00 in City incentives as outlined in Table 1 below.

These incentives are not a direct capital payment from the City but rather foregone revenues that the City waives or forgives under the Open Door Affordable Housing Program. Values are based on 2022 tax rates, 2022 AMR rates, November 2021 development charge rates, 2022 building permit fees and 2022 planning fees.

Table 1:  Breakdown of Value of Open Door Program Incentives

At current 2022 rates, the value of the annual property tax exemptions associated with this development is estimated at $21,185. The net present value of this tax relief, over the 40-year term that the incentives would be in effect, is estimated at $489,697, as summarized in Table 2 below.

A tax exemption would have no net present impact to the City for the educational portion of taxes remitted to the Province.

Table 2:  Value of Property Tax Exemption

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the information as presented in the Financial Impact Section.

The City Planning Division recommends that:

1. City Council amend Zoning By-law 569-2013, for the lands at 661 and 663-665 Huron Street, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District.

2. City Council amend City of Toronto Zoning By-law 438-86 for the lands at 661 and 663-665 Huron Street, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District.

3. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendments as may be required.

This report reviews and recommends approval of the application to amend the Zoning By-law to permit a two-storey six-unit townhouse development at 661 and 663-665 Huron Street which is adjacent to a public lane. The proposed development will be located at the rear of two existing 2 1/2 storey multi-unit house-form buildings, which is also located on the site. The two existing 2 1/2 storey multi-unit house-form buildings with 19 rental dwelling units are on the Heritage Register and are proposed to be retained.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year, or in future years.

The City Planning Division recommends that:

1. City Council amend Zoning By-law 438-86, for the lands at 185 Balliol Street and 8 Pailton Crescent, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District.

2. City Council amend Zoning By-law 569-2013, for the lands at 185 Balliol Street and 8 Pailton Crescent, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District.

3. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendments as may be required.

4. City Council authorize the City Solicitor to submit the necessary bills to implement the foregoing recommendations provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will be issued until such time as the Section 37 Agreement is executed and registered.

5. City Council require the owner to provide the following:

a. submission of a Functional Servicing Report to the City for review and acceptance by Engineering and Construction, prior to Site Plan Approval. The report will determine whether the municipal water, sanitary and storm sewer systems can support the proposed development and whether upgrades or improvements of the existing municipal infrastructure are required.

b. prior to the earlier of Site Plan Approval or the first building permit for shoring and excavation, the owner shall submit the following materials for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services:

            i. Updated Functional Servicing and Stormwater Management Report;

            ii. Updated Hydrogeological Report;

            iii. Servicing Report Groundwater Summary Form; and

            iv. Hydrogeological Review Summary Form.

c. prior to the earlier of Site Plan Approval or the first building permit for shoring and excavation, the owner shall pay for and construct any improvements to the municipal infrastructure in  connection with the Functional Servicing and Stormwater Management Report, to be resubmitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development.

d. prior to the commencement of any excavation or shoring work, the owner shall submit a Construction Management Plan to the satisfaction of the General Manager of Transportation Services and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor and thereafter in support of the development, will implement the Plan during the course of construction.  The Construction Management Plan will include, but not be limited to the following construction-related details: noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, parking and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, and any other matters requested by the General Manager, Transportation Services, in consultation with the Ward Councillor.

e. space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapter 681-10.

6. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act (the "Section 37 Agreement") to secure 654.1 square metres of additional land for parkland to be provided on the site above and beyond the requirements of Section 42 of the Planning Act, at nominal cost, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor;

7. The following matters to be secured in the Section 37 Agreement as a legal convenience to support development:

a. the owner shall make reasonable efforts, to the satisfaction of the Chief Planner and Executive Director, City Planning, to promote the return of businesses and/or services displaced by the proposed development;

b. the owner shall provide a landscaped space with a minimum area of 370 square metres located along a section of the west property line of the new park;

c. Prior to site plan approval, the owner must work with City staff to determine the final design and dimensions of the landscaped space described above, to promote soft landscaping and pedestrian connectivity.

8. In accordance with Section 42 of the Planning Act, prior to the issuance of the first above-grade building permit, the owner shall convey to the City, an on-site parkland dedication, having a minimum size of 1,120.2 square metres of parkland comprised of the required on-site parkland dedication pursuant to Section 42 of the Planning Act, together with additional land for parkland at nominal cost pursuant to Section 37 of the Planning Act), located on the corner of Balliol Street and Pailton Crescent, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

9. City Council approve the acceptance of an 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, with the exception of a sanitary sewer connection, 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, Forestry 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, Forestry and Recreation and the Executive Director, Corporate Real Estate Management.

10. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the applicant of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation (PFR). The development charge credit shall be in an amount that is the lesser of the cost to the applicant of designing and constructing the Above Base Park Improvements, as approved by the General Manager, PFR, 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.

11. City Council authorize the City Solicitor and appropriate City staff to take such actions as are required to implement City Council's decision, including the execution and implementation of appropriate agreements.

This report reviews and recommends approval of the application to amend Zoning By-laws 569-2013 and 438-86 to permit a 35-storey mixed-use building and a new 1,120.2 square metre park at 185 Balliol Street and 8 Pailton Crescent. The new park will be located along the Pailton Crescent frontage. The building is proposed to contain 437 dwelling units and 113.3 square metres of retail space. One level of underground parking is proposed with 71 vehicle parking spaces for residents and a total of 438 bicycle parking spaces.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year, or in future years.

The City Planning Division recommends that:

1. City Council amend Zoning By-law 569-2013 for the lands at 744-758 Mount Pleasant Road, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District.

2. City Council authorize the City Solicitor to submit the necessary bill(s) to implement the foregoing recommendations provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will issue until such time as the Section 37 Agreement is executed and registered.

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

4. City Council authorize the City Solicitor and appropriate City staff to take such actions as are required to implement City Council's decision, including the execution and implementation of appropriate agreements.

5. City Council require the owner to pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report, to be resubmitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development; and

6. Prior to the earlier of Site Plan Approval or the first building permit for shoring and excavation, the Applicant shall submit the following materials for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services: Functional Servicing and Stormwater Management Report, Hydrogeological Report, Servicing Report Groundwater Summary Form, and Hydrogeological Review Summary Form.

7. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:

a) a financial contribution in the amount of $4,000,000.00 payable prior to the issuance of the first above-grade building permit, to go towards community services and facilities, parks, and/or streetscaping improvements that comply with the Streetscape Manual, to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager Parks, Forestry and Recreation, and the General Manager of Transportation Services;

b) the amount will be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for the Toronto Census Metropolitan Area, reported by Statistics Canada in the Building Construction Price Indexes Table: 18-10-0135- 01, or its successor, calculated from the date of the execution of the Section 37 Agreement, or any other necessary agreement, to the date of payment which will be no later than issuance of first above grade building permits;  

c) in the event the cash contribution referred to in Recommendations 7.a) above has not been used for the intended purpose within three (3) years of the amending zoning by-law coming force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; and

d) the following matters to be secured in the Section 37 Agreement as a legal convenience to support development are as follows:

i. The provision by the owner of a 4.0 metre wide, open to the sky, publicly-accessible mid-block pedestrian connection, to be secured by means of a pedestrian easement, to be secured as part of the site plan control process, to the satisfaction of the Chief Planner and Executive Director, City Planning.

ii. The owner agrees to consult with the Toronto District School Board and other neighbouring land owners as part of the Site Plan Control process to coordinate public and private open spaces and potentially integrate a school and other land uses across adjoining properties.

This report reviews and recommends approval of the application to amend the Zoning By-law to permit a 35-storey mixed use building at 744-758 Mount Pleasant Road. The building is proposed to contain 487 residential dwelling units and 300 square metres of retail space. Three levels of underground parking are proposed to accommodate 128 vehicle parking spaces and a total of 531 bicycle parking spaces.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year, or in future years.

The City Planning Division recommends that:

1. City Council amend the Official Plan, for the lands at 1406-1428 Yonge Street substantially in accordance with the draft Official Plan Amendment attached as Attachment 4 to this report (June 13, 2022) from the Director, Community Planning, Toronto and East York District.

2. City Council amend Zoning By-law 569-2013 for the lands at 1406-1428 Yonge Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to this report (June 13, 2022) from the Director, Community Planning, Toronto and East York District.

3. City Council authorize the City Solicitor to submit the necessary bill(s) to implement the foregoing recommendation(s) provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will be issued until such time as the Section 37 Agreement and the Heritage Easement Agreement are executed and registered.

4. City Council authorizes 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.

5. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:

a) a financial contribution in the amount of $3,380,000.00 payable prior to the issuance of the first above-grade building permit, to go towards community services and facilities, parks, and/or streetscaping improvements that comply with the Streetscape Manual, to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager Parks, Forestry and Recreation, and the General Manager of Transportation Services;

b) the amount will be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for the Toronto Census Metropolitan Area, reported by Statistics Canada in the Building Construction Price Indexes Table: 18-10-0135- 01, or its successor, calculated from the date of the execution of the Section 37 Agreement, or any other necessary agreement, to the date of payment which will be no later than issuance of first above grade building permits; and

c) in the event the cash contribution referred to in Recommendations 5.a) above has not been used for the intended purpose within three (3) years of the amending zoning by-law coming force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor.

d) The following matters of convenience are also recommended to be secured in the Section 37 Agreement:

i. As a condition of Site Plan approval, the owner agrees to submit a relocation strategy for the existing street tree currently located in front of the property at 1406 Yonge Street, to the satisfaction of the General Manager, Parks, Forestry and Recreation;

ii. As a condition of Site Plan Approval, the owner shall submit a Pedestrian Level Wind Study, satisfactory to the Chief Planner and Executive Director, City Planning, including wind tunnel analysis, which identifies recommendations for the pedestrian realm and the outdoor areas of the podiums to mitigate wind impacts year-round, and the owner shall implement and maintain in support of the development all recommended mitigation measures to the satisfaction of the Chief Planner and Executive Director, City Planning;

iii. As a condition of Site Plan Approval, a Construction Management Plan and Neighbourhood Communication Strategy to the satisfaction of the Chief Planner and Executive Director, City Planning Division in consultation with the Executive Director, Engineering and Construction Services and the Ward Councillor;

iv. Pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report, to be resubmitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development;

v. As a condition of Site Plan Approval, the owner agrees to register a Limiting Distance Agreement between 1406-1428 Yonge Street, 1404 Yonge Street and the City of Toronto, to the satisfaction of the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning;

vi. The owner shall provide an acceptable tenant relocation and assistance plan to all existing tenants of the four (4) rental dwelling units proposed to be demolished at 1406, 1408, 1414, 1418, 1428 (the "Lands"). The tenant relocation and assistance plan shall be consistent with the City's standard practices and developed in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning, addressing the following:

aa. Minimum financial compensation and notice as required under the Residential Tenancies Act, 2006 when a tenant receives a notice of termination to terminate their tenancy for the purposes of demolition;

bb. Additional compensation above and beyond Residential Tenancies Act, 2006 requirements including rent gap payments to mitigate hardship;

cc. Additional notice of the date of termination of the each existing tenant's tenancy, above and beyond the minimum notice required under the Residential Tenancies Act, 2006;

dd. A moving allowance of $1,500 for each existing tenant; and

ee. Special needs compensation for any existing tenant who suffers from a physical and/or mental health challenge, and/or is sixty-five (65) years of age or older;

This report reviews and recommends approval of the application to amend the Zoning By-law to permit a 40-storey mixed-use building at 1406-1428 Yonge Street. The building is proposed to contain 419 dwelling units and 73 square metres of retail space. The existing building at 1418-1428 Yonge Street will be conserved.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year or in future years.

The City Planning Division recommends that:

1. City Council amend Zoning By-law 569-2013, for the lands at 2323-2329 Yonge Street, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District.

2. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

3. City Council authorize the City Solicitor to submit the necessary bill(s) to implement the foregoing recommendation(s) provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will be issued until such time as the Section 37 Agreement is executed and registered.

4. City Council authorize the City Solicitor and appropriate City staff to take such actions as are required to implement City Council's decision, including the execution and implementation of appropriate agreements.

5. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:

a) a financial contribution in the amount of $4,200,000.00 payable prior to the issuance of the first above-grade building permit, to go towards community services and facilities, parks, and/or streetscaping improvements that comply with the Streetscape Manual, to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager Parks, Forestry and Recreation, and the General Manager of Transportation Services;

b) the amount will be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for the Toronto Census Metropolitan Area, reported by Statistics Canada in the Building Construction Price Indexes Table: 18-10-0135- 01, or its successor, calculated from the date of the execution of the Section 37 Agreement, or any other necessary agreement, to the date of payment which will be no later than issuance of first above grade building permits; and

c) in the event the cash contribution referred to in Recommendations 5.a) above has not been used for the intended purpose within three (3) years of the amending zoning by-law coming force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor.

6. City Council direct that the following be secured in the Section 37 Agreement as a legal convenience to secure matters required to support the development:

a) The owner shall pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report, to be resubmitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development;

b) Prior to the earlier of Site Plan Approval or the first building permit for shoring and excavation, the owner shall submitted the following materials for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services:

i. Functional Servicing and Stormwater Management Report;

ii. Hydrogeological Report;

iii. Servicing Report Groundwater Summary Form; and

iv. Hydrogeological Review Summary Form.

This report reviews and recommends approval of the application to amend the Zoning By-law to permit a 34-storey mixed use building at 2323-2329 Yonge Street. The building is proposed to contain 352 dwelling units and 6,651 square metres of non-residential space on levels 1-5, including 855 square metres of retail space at grade, and 5,796 square metres of office space on levels 2-5 which will replace and exceed the existing 5,295 square metres of existing office space on the site. An 11.0-metre building setback at-grade along Roehampton Avenue will provide an enhanced public realm and pedestrian animation zone. Two levels of underground parking are proposed with 60 vehicle parking spaces for residents and visitors and a total of 391 bicycle parking spaces.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year, or in future years.

The City Planning Division recommends that:

1. City Council amend Zoning By-law 438-86 for the lands at 483-491 Bay Street and 20 Albert Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No.5 to the June 6, 2022 report 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. Before introducing the necessary Bill to City Council for enactment, City Council require the owner to:

a) enter into an Agreement pursuant to Section 37 of the Planning Act, and any other necessary agreements, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor securing the matters identified in Recommendations 4 at the owner's expense, with such Agreement(s) to be registered on title to the lands at 483-491 Bay Street and 20 Albert Street in a manner satisfactory to the City Solicitor;

b) make satisfactory arrangements to withdraw its appeals to Official Plan Amendment 352, being the Downtown Tall Buildings Setback Area Specific Policy and the associated Zoning By-laws 1106-2016 and 1107-2016, as they relate to the subject lands.

4. City Council direct that the owner be required to enter into an Agreement pursuant to Section 37 of the Planning Act to secure the following community benefits at the owner's expense, as follows:

a) a cash contribution of three million two hundred thousand dollars ($ 3.2 million) dollars to be allocated toward:

i. $1,200,000.00 for capital improvements to new or existing City-owned affordable housing, community, cultural and/or recreation facilities; and

ii. $2,000,000.00 to local area streetscape and park improvements

b) the cash contribution referred to in Recommendation 4(a) shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of the Agreement to the date of payment;

c) In the event the cash contribution referred to in this section has not been used for the intended purposes within three years of the By-law coming into full force and effect, the cash contribution may be redirected for other purposes, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose(s) is identified in the Toronto Official Plan and will benefit the community in the vicinity of the site.

5. City Council also direct that the following be secured in the Section 37 Agreement as a legal convenience to secure matters required to support the development:

a) prior to the commencement of any excavation or shoring work, the owner shall submit a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning, General Manager of Transportation Services and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor and thereafter in support of the development, will implement the Plan during the course of construction.  The Construction Management Plan will include, but not be limited to the following construction-related details: noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, parking and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, and any other matters requested by the Chief Planner and Executive Director, City Planning and General Manager, Transportation Services, in consultation with the Ward Councillor;

b) the owner will construct and maintain the development of the site in accordance with Tier 1, Toronto Green Standard, and the owner will be encouraged to achieve Tier 2 Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the site.

This application proposes to amend Zoning By-law 438-86 to permit a 59-storey addition on top of an existing 10-storey office tower (69-storeys total) at 483-491 Bay Street and 20 Albert Street.  The addition entails 3 new office floors and 56 new residential floors with 538 dwelling units.  The gross floor area of the tower addition would be 45,276 square metres and the total gross floor area including the existing building would be 133,949 square metres. The proposed building would have a height of 226.63 metres including the mechanical penthouse.

The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with the A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) and conforms to the City's Official Plan.

The proposal is in keeping with the intent of the Toronto Official Plan, particularly as it relates to intensification in the Downtown, which is a designated growth area, in the form of a tall building which conforms to the Downtown Plan and generally conforms with the applicable guidelines. Staff worked with the applicant and the community to address and resolve various massing issues including appropriate tower heights and massing. This report reviews and recommends that Council approve the Zoning by-law amendment application.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year or in future years.

The City Planning Division recommends that:

1. City Council amend the Official Plan, for the lands at 506-516 Church Street substantially in accordance with the draft Official Plan Amendment attached as Attachment 6 to the report (June 13, 2022) 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 506-516 Church Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District.

3. City Council authorize the City Solicitor to submit the necessary bill(s) to implement the foregoing recommendation(s) provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will issue until such time as the Section 37 Agreement and the Heritage Easement Agreement are executed and registered.

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

5. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:

a. The community benefits recommended to be secured in the Section 37 Agreement are as follows:

i. Prior to the issuance of the first above-grade building permit for the development, the owner shall make a cash contribution of $1,600,000.00 to be allocated towards local streetscape and laneway improvements for Donna Shaw Lane and Alexander Place;

ii. All cash contributions referred to in Recommendation 5.a)i above, shall be indexed upwardly in accordance with the Statistics Canada Construction Price Index for Toronto, calculated from the date of the execution of the Section 37 Agreement to the date the payment is made;

iii. In the event the cash contribution referred to in Recommendation 5.a)i above, has not been used for the intended purpose within three (3) years of the By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in Ward 13.

This report reviews and recommends approval of the application to amend the Official Plan and Zoning By-law to permit a 14-storey mixed-use building at 506-516 Church Street. The building is proposed to contain 165 dwelling units and 798 square metres of retail space. Two levels of underground parking are proposed with 23 vehicle parking spaces for residents, 9 vehicle parking spaces for visitors, and a total of 176 bicycle parking spaces. A portion of the existing building at 508-510 Church Street will be retained and integrated into the new building.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year, or in future years.

The City Planning Division recommends that:

1.  City Council amend Zoning By-law 569-2013 for the lands at 333-351 King Street East and 200 Front Street East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 7 to the report (June 15, 2022) 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 Official Plan and Zoning By-law Amendments as may be required.

3.  City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor, in a form satisfactory to the City Solicitor to secure the following:

a)    Community benefits:

i.         Prior to issuance of any first above-grade building permit, the Owner shall elect to provide one of the following:

A.    prior to the issuance of the first above-grade building permit for any building on the Subject Site, the owner shall pay a cash contribution of five million dollars ($5,000,000) to be allocated as follows:

1.    $1,666,666.67 towards new and/or existing affordable housing within Ward 13, in consultation with the Ward Councillor;

2.    $1,666,666.67 towards local area park or streetscape improvements located within Ward 13 and within the vicinity of the subject lands, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, the General Manager, Parks, Forestry and Recreation and the General Manager, Transportation Services; and

3.    $1,666,666.67towards community, cultural or recreational facilities capital improvements within Ward 13, in consultation with the Ward Councillor; OR

B.    the provision of a non-profit licensed Child Care Centre to be located in the base building of the Central Office Tower on the lands, comprising a minimum of 942 square metres of interior space and approximately 308 square metres of exterior space adjacent to the interior space, including outdoor storage, and the provision for a child pick-up and drop-off area, with the precise location, capacity and related matters to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the General Manager, Children Services and such Child Care Centre shall generally be in accordance with the following:

1.    shall be constructed, finished, furnished and equipped by the owner, including a minimum of five (5) parking spaces for the use of the Child Care Centre for pick-up/drop-off operations with two (2) to three (3) spaces dedicated for staff and visitors. These spaces to be assigned accordingly, and their location will be identified through the site plan approval process for the development, to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Children's Services;

2.    prior to the issuance of any above grade building permit for any portion of the lands, a letter of credit in the amount sufficient to guarantee 120% of the estimated cost of the design, construction and handover of the Child Care Centre, indexed upwardly and calculated from the date of the Agreement, complying with the specifications and requirements of the Section 37 Agreement, shall be provided to the City to the satisfaction of the General Manager, Children's Services and the Chief Financial Officer and Treasurer;

3.    prior to the earlier of occupancy of the building in which the Child Care Centre is located and/or registration of any condominium for the building in which the Child Care Centre is located, the Child Care Centre shall be conveyed to the City, at no cost to the City, in fee simple, in an acceptable environmental condition to the satisfaction of the Executive Director, Corporate and Real Estate Management and City Solicitor;

4.    the details of the other matters as described in these Recommendations, such as timing, location, obligations (including financial obligations), and any such matters to implement the Child Care Centre, in respect of the non-profit licensed Child Care Centre community benefit will be finalized between the owner and the City and will be substantially in accordance with the City of Toronto's Child Care Development Guidelines (2021) and to the satisfaction of the Executive Director, Corporate and Real Estate Management, the General Manager, Children's Services, and the Chief Planner and Executive Director, City Planning, in consultation with the City Solicitor; and

5.    on, or prior to, the conveyance of the Child Care Centre, the City and the owner enter into, and register on title to, the appropriate lands an Easement and Shared Facilities Agreement for nominal consideration and at no cost to the City, that is in a form satisfactory to the City Solicitor; the Easement and Shared Facilities Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the owner as they pertain to the Child Care Centre, and the development to be constructed within the base building of the development;

6.    prior to the conveyance of the Child Care Centre, the owner shall provide one-time cash contributions in support of the Child Care Centre, allocated generally as follows:

a)    a one-time cash contribution in the amount of $250,000.00 to the City's Child Care Capital Reserve Fund to be used towards Start-Up Operating Costs, to replace appliances and large equipment due to wear and tear, and to support ongoing financial viability, to be paid prior to the child care facility being made available to the City;

b)    a one-time cash contribution in the amount of $250,000.00 to the future child care operator towards toys, furnishing and equipment in accordance with provincial and municipal standards based on a mutually agreeable inventory list provided by the Child Care Centre Operator and/or the General Manager of Children's Services, which will be finalized and approved by the General Manager of Children's Services;

ii.         the cash contributions referred to in Recommendations 3.a.i.A., 3.a.i.B.6.a. and 3.a.i.B.6.b. above and where applicable shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of the Agreement to the date of payment; and

iii.         streetscape improvements on Front Street East not adjacent to the Subject Site, generally as shown in the drawing titled "Final Layout Plan" attached as Attachment No. 1 to the report (December 14, 2021) from the Director, Planning and Capital Program, Transportation Services, and attached as Attachment No. 8 to the report (June 15, 2022) from the Director, Community Planning, Toronto and East York District, with the details of such improvements (including the location, dimensions, configuration and design) to be secured as part of and through the Site Plan Approval process for the Development to the satisfaction of the Chief Planner and Executive Director, City Planning Division and the General Manager, Transportation Services, in consultation with the Ward Councillor in accordance with the following:

A.    a letter of credit in the amount of $2,000,000, indexed upwardly and calculated from the date of the Agreement, shall be provided to the City prior to the first above-grade building permit with such improvements to be completed prior to occupancy or as othersie agreed to by the Chief Planner and Executive Director, City Planning Division with any unsused funds allocated towards capital facilities in the vicinity of the site at the discretion of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor ;

b)    Matters of legal convenience to support the development:

i.   The owner shall:

A.  construct, provide and maintain, at its own expense, two Privately-Owned and Publicly-Accessible Spaces ("POPS") on 333-351 King Street East and 200 Front Street East with minimum areas of 1,100 square metres and 400 square metres and fronting onto Front Street East with the specific location, configuration and design to be determined and secured in the context of Site Plan Approval to the satisfaction of the Chief Planner and Executive Director, City Planning; and

B. prepare all documents and convey, free and clear of encumbrances and for nominal consideration, a public access easement, including support rights, in perpetuity in favour of the City over the Privately-Owned and Publicly-Accessible Spaces ("POPS"), on terms set out in the Section 37 Agreement, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

ii.   The owner shall alter, at no cost to the City, the portion of the Front Street East right-of-way adjacent to the Subject Site, generally as shown in the drawing titled "Final Layout Plan" attached as Attachment No. 1 to the report (December 14, 2021) from the Director, Planning and Capital Program, Transportation Services, and attached as Attachment No. 8 to the report (June 15, 2022) from the Director, Community Planning, Toronto and East York District, with the details of such improvements (including the location, dimensions, configuration and design) to be secured as part of and through the Site Plan Approval process for the Development to the satisfaction of the Chief Planner and Executive Director, City Planning Division and the General Manager, Transportation Services;

iii.  The owner shall submit a comprehensive Construction Management Plan for each stage of the construction process, to the satisfaction of the General Manager, Transportation Services, the Chief Building Official and Executive Director, Toronto Building and the Ward Councillor. The Construction Management Plan will include, but not be limited to the following construction-related details: noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, parking and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, and any other matters requested by the General Manager, Transportation Services, in consultation with the Ward Councillor;

iv.  Prior to site plan approval the owner shall submit documentation and financial contributions/payments in the form of a letter of credit or certified cheques (overall amount to be determined) for the implementation of a Transportation Demand Management ("TDM") plan to the satisfaction of the General Manager of Transportation Services. These provisions include, but are not limited to:

A.  A payment of $50,000 for a new bike-share station on-site;

B.  A minimum of five (5) car-share spaces on-site;

C.  One (1) bike-share membership per unit, offered for the first year of occupancy;

D.  One (1) car-share membership per residential unit, offered for the first year of occupancy;

E.  A minimum of two (2) bike repair stations provided on-site; and

F.  Non-residential parking spaces provided beyond the minimum requirement are to include a combination of electric vehicle, carpooling and/or car-share parking spaces;

iii. The owner shall design and submitfinancial securities for any upgrades or required improvements to the existing municipal infrastructure and/or new municipal infrastructure identified in the accepted Engineering Reports to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades and/or new infrastructure are required to support the development;

iv.  The owner will construct and maintain the development of the site in accordance with Tier 1 of the Toronto Green Standard, and the owner will be encouraged to achieve Tier 2 or higher of the Toronto Green Standard;

c)    Withdraw its appeal of Official Plan Amendment 352, being the Downtown Tall Buildings Setback Area Specific Policy, and the associated Zoning By-laws 1106-2016 and 1107-2016, as they relate to the subject lands; and

d)    Withdraw its appeal of Official Plan Amendment 525, being the King-Parliament Secondary Plan, and the associated Zoning By-law 393-2021, as they relate to the subject lands.

6. City Council authorize the City Solicitor to submit the necessary bills to implement the foregoing recommendations provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will issue until such time as the Section 37 Agreement is executed and registered.

7. City Council authorize appropriate City Officials to take such actions as are required to implement City Council's decision, including the execution and implementation of the Section 37 Agreement.

This report review and recommends approval of the application to amend the Zoning By-law to permit two new buildings on the site at 333-351 King Street East and 200 Front Street East. The proposed development includes a 37-storey residential building (140 metres tall, including mechanical penthouse) on the west side of the site and a 28-storey office building (127 metres tall, including mechanical penthouse) in the centre of the site. The lower level of the new office building would replace some of the existing retail uses fronting on Front Street East. The existing Globe and Mail Centre, Coca-Cola/George Brown building and existing buildings fronting on King Street East would remain in place. The proposal also includes two privately owned publicly-accessible spaces fronting onto Front Street East, and a child care facility with outdoor space on the second floor of the proposed office building.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year, or in future years.

The City Planning Division recommends that:

1. City Council amend the Official Plan for the lands at 353-355 Sherbourne Street and 157 Carlton Street substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 5 to the report (June 13, 2022) 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 353-355 Sherbourne Street and 157 Carlton Street, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District.

3. City Council authorize the City Solicitor to submit the necessary bill(s) to implement the foregoing recommendation(s) provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will issue until such time as the Section 37 Agreement and the Heritage Easement Agreement is/are executed and registered.

4. 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.

5. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:

a) The owner shall construct, provide, and maintain a privately owned publicly-accessible open space on the lands, having a minimum size of 250 square metres along the Sherbourne Street and Carleton Street frontages of the site to the satisfaction of the Chief Planner and Executive Director, City Planning. The owner shall convey to the City, for nominal consideration, easement(s) along the surface of the lands, to the satisfaction of the City Solicitor, which shall constitute the privately owned publicly accessible open space and any required public access easements to connect the privately owned publicly accessible open space to adjacent privately owned publicly accessible open space and/or public rights-of-way, where necessary. The owner shall own, operate, maintain and repair the privately owned publicly accessible open space and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the privately owned publicly accessible open space at all times of the day and night, 365 days of the year. The specific location, configuration, design and timing of conveyance of the privately owned publicly accessible open space shall be determined in the context of site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City;

b) The owner shall provide and maintain thirty-one (31) new affordable rental dwelling units on the lands at 353-355 Sherbourne Street and 157 Carlton Street (the "Affordable Housing Units"), all to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Executive Director, Housing Secretariat, in accordance with the following:

i. Three (3) of the Affordable Housing Units shall be three-bedroom rental units with an average unit size that is no smaller than the average unit size of a non-affordable three-bedroom dwelling unit within the development;

ii. Nine (9) of the Affordable Housing Units shall be two-bedroom rental units with an average unit size that is no smaller than the average unit size of a non-affordable two-bedroom dwelling unit within the development;

iii. Eleven (11) of the Affordable Housing Units shall be one-bedroom rental units with an average unit size that is no smaller than the average unit size of a non-affordable one-bedroom dwelling unit within the development;

iv. The remaining eight (8) Affordable Housing Units shall be studio rental units with an average unit size that is no smaller than the average unit size of a non-affordable studio dwelling unit within the development;

v. The location and layouts of the Affordable Housing Units within the development shall be to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat;

vi.  The owner shall provide and maintain the Affordable Housing Units as secured rental housing for a minimum period of 40 years beginning from the date that each such unit is first occupied (the "Affordability Period"). During the Affordability Period, no Affordable Housing Unit shall be registered as a condominium or any other form of ownership housing that provides a right to exclusive possession of a dwelling unit, including life lease or co-ownership, and no application shall be made to demolish any Affordable Housing Unit or to convert any Affordable Housing Unit to a non-residential rental purpose. Upon the expiration of the Affordability Period, the owner shall continue to provide and maintain the units as rental dwelling units, unless and until such time as the owner has applied for, and obtained, all approvals necessary to do otherwise;

vii. the owner shall provide and maintain the Affordable Housing Units with affordable rents for the Affordability Period. The initial rent (inclusive of utilities) charged to the first tenants of any Affordable Housing Units shall not exceed 100% of the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report;

viii.  if an Affordable Housing Unit becomes vacant and is re-rented to a new tenant during the Affordability Period, the initial rent (inclusive of utilities) charged to the new tenant shall not exceed 100% of the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report;

ix.  after the first year of occupancy of any Affordable Housing Units, the rent (inclusive of utilities) charged to the first tenants or new tenants occupying such unit may be escalated annually by not more than the annual provincial rent guideline, regardless of whether such guideline is applicable to the units under the Residential Tenancies Act or any successor legislation governing residential tenancies in Ontario, until the tenancy ends;

x. notwithstanding the annual rent increases permitted in x. above, the rent (inclusive of utilities) charged to any first tenants or new tenants occupying an Affordable Housing Unit shall not be increased to an amount that exceeds 100% of the average 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;

xi. at least six months in advance of any new Affordable Housing Units being made available for rent to the general public, the owner shall develop and implement a Tenant Access Plan to ensure units are rented to eligible households in consultation with, and to the satisfaction of, the Executive Director, Housing Secretariat;

xii. the new Affordable Housing Units shall be made ready and available for occupancy no later than the date by which seventy percent (70%) of the new dwelling units erected within the development are available and ready for occupancy, or to the satisfaction of, the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat.

xiii. the owner shall provide all tenants of the Affordable Housing Units with access to, and use of, all indoor and outdoor amenities in the development at no extra charge and on the same terms and conditions as any other resident of the mixed use building, without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings;

xiv. the owner shall provide all tenants of the Affordable Housing Units with laundry facilities and air conditioning at no extra charge;

xv. the owner shall provide all tenants of the Affordable Housing Units with access to permanent and visitor bicycle parking/bicycle lockers on the same terms and conditions as any other resident of the building in which the Affordable Housing Units are located, and in accordance with the Zoning By-law;

c) The owner shall construct and maintain the development of the site in accordance with Tier 3 of the Toronto Green Standard Version 4.0, or the equivalent in the Toronto Green Standard version applicable at the time of the site plan application for each building on the site;

d) As a pre-approval condition to site plan approval, the owner shall convey lands to widen the existing Central Hospital Lane by 0.87 metres through a conveyance to the City along the east limit of the lands; and

e) Prior to the issuance of the first building permit for a residential use on any part of the site, including permits for excavation and shoring, the owner shall enter into a municipal housing facility agreement with the City ("Contribution Agreement"), for the Affordable Housing Units that are approved for Open Door incentives, on terms satisfactory to the Executive Director, Housing Secretariat and in a form satisfactory to the City Solicitor. The owner shall provide such Affordable Housing Units in accordance with such agreement(s);

6. 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 Open Door Incentives, for 31 affordable rental dwelling units at 353-355 Sherbourne Street and 157 Carlton Street to secure rents at or below 100% of the average rent by bedroom 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 period of 40 years, on terms and conditions acceptable to the Executive Director, Housing Secretariat, in a form satisfactory to the City Solicitor.

7. City Council approve the provision of financial incentives pursuant to the City's Open Door Affordable Housing Program in relation to the Affordable Housing Units as follows:

a) City Council exempt the 31 affordable rental dwelling units at 353-355 Sherbourne Street and 157 Carlton Street from taxation for municipal and school purposes for the 40-year term of the municipal housing facility agreement; and

b) City Council authorize the 31 new affordable rental dwelling units at 353-355 Sherbourne Street and 157 Carlton Street to be eligible for waivers of fees for planning applications, building permits and parkland dedication, and for development charges exemptions, unless already paid.

8. 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 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 Council.

9. 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 Recommendation 7 above.

10. City Council authorize the City Solicitor and appropriate City staff to take such actions as are required to implement City Council's decision, including the execution and implementation of appropriate agreements.

This application proposes a 12-storey (42-metre) mixed-use building at 353-355 Sherbourne Street and 157 Carlton Street. The building would contain 100 rental residential units (7,942 square metres of residential gross floor area), of which 30%, or 31 dwelling units, would be affordable housing, as well as 3,087 square metres of community space. The proposal entails the removal of two components of the existing heritage-designated St. Luke's United Church (the narthex and gymnasium) while retaining the rest of the building. A 250-square metre Privately Owned Publicly Accessible Space (POPS) is proposed on the Sherbourne Street frontage.         

The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020). This report recommends approval of the application to amend the Official Plan and Zoning By-law. The report also recommends approval of Open Door Affordable Rental Housing Program incentives for 31 new affordable rental homes in the development.

Affordable Housing

The financial implications associated with the City's Open Door Affordable Rental Housing Program contributions for this site have been previously approved by City Council through Decision Item PH21.5, which may be found here: http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2021.PH21.5.

Through item PH21.5 City Council provided Open Door Program support for up to 500 affordable rental housing units proposed by the United Property Resource Corporation ("UPRC") across seven sites in the city. The UPRC is a partnership between the United Church of Canada and the Canada Mortgage and Housing Corporation, created to help communities of faith of all denominations and other non-profit organizations unlock the value of their real estate assets. Staff were directed to report on site-specific Open Door contributions to the seven UPRC sites and 353-355 Sherbourne Street and 157 Carlton Street is the first such site recommended for planning approvals.

This report recommends City Council approval of financial incentives under the Open Door Affordable Housing Program of approximately $2,826,863 for 31 affordable rental dwelling units to be created at 353-355 Sherbourne Street and 157 Carlton Street.

Were the City to accept the proposed affordable housing units solely as a Section 37 contribution, the anticipated affordability period would have been only 15 years. However, in exchange for receiving Open Door Program incentives for these affordable rental units, the applicant has agreed to extend the affordable rental period to 40 years. This extended affordability period reflects the value of these incentives.

The proposed incentives through the Open Door Affordable Housing Program include exemptions from development charges, planning and building permit fees, and property taxes for 40 years. Based on applicable fees, charges, and tax exemption estimates, the average of these incentives is $91,189 per unit, for a total investment of approximately $2,826,863 in City incentives as outlined in Table 1 below.

These incentives are not a direct capital payment from the City but rather foregone revenues that the City waives or forgives under the Open Door Affordable Housing Program. Values are based on 2022 tax rates, 2022 AMR rates, November 2021 development charge rates, 2022 building permit fees and 2022 planning fees.

Table 1:  Breakdown of Value of Open Door Program Incentives

At current 2022 rates, the value of the annual property tax exemption is estimated at $31,308. The net present value of this tax relief over the 40-year term that the incentives would be in effect is estimated at $723,678, as summarized in Table 2 below.

A tax exemption would have no net present impact to the City for the educational portion of taxes remitted to the Province.

Table 2:  Value of Property Tax Exemption

The City Planning Division confirms that there are no additional financial implications resulting from the recommendations included in this report in the current budget year or in future years.

The Chief Financial Officer and Treasurer have reviewed this report and agree with the information as presented in the Financial Impact Section.

The City Planning Division recommends that:

1. City Council amend Chapter 7, Site and Area Specific Policy 509 for the lands at 838, 840, 842 and 844 Broadview Avenue, substantially in accordance with the draft Official Plan Amendment attached as Attachment 6 to the report June 10, 2022 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 838, 840, 842 and 844 Broadview Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to the report June 10, 2022 from the Director, Community Planning, Toronto and East York District.

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

4. City Council require the owner to provide and implement Tenant Assistance to mitigate hardship for the former tenant of 844 Broadview Avenue, proposed to be demolished, prior to the issuance of Notice of Approval Conditions for Site Plan Approval. The Tenant Relocation and Assistance Plan shall be developed in consultation with, and to the satisfaction of, the City Solicitor and the Chief Planner and Executive Director, City Planning.

5. Before introducing the necessary Bills to City Council for enactment, the owner shall provide a legal undertaking to the City, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, to secure the Tenant Relocation and Assistance Plan required in Recommendation 4 above.

6. City Council authorize the Executive Director, Housing Secretariat to negotiate and enter into, on behalf of the City, a municipal housing facility agreement (the City's "Contribution Agreement") and any other agreements necessary to secure the financial assistance for up to 18 affordable housing units and to set out the terms of the development and operation of the Affordable Housing, on terms and conditions satisfactory to the Executive Director, Housing Secretariat, in consultation with the Chief Financial Officer and Treasurer.

7. City Council authorize that an additional two affordable rental housing units, in addition to the previously approved 16 affordable housing units to be developed on the property, be eligible for waivers of fees for planning application, building permit, parkland dedication and development charges exemptions, unless already paid.

8. City Council exempt the two additional affordable rental homes, in addition to the previously approved 16 affordable rental homes to be developed on the Property, from taxation for municipal and school purposes for the term of 50 years, from the date of first occupancy.

9. 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).

10. The owner will pay for and construct any improvements to the municipal infrastructure in connection with the site servicing report, should it be determined that upgrades to such infrastructure are required to support this development.

This report reviews and recommends approval of a City-initiated Official Plan Amendment, a private application to amend the Zoning By-law, and authorization for the purchase of up to 18 affordable housing units be provided on site as well as provide Open Door Program funding and incentives for the affordable housing units. This approval would permit the construction of a 9 storey mixed use building at 838-844 Broadview Avenue with 107 residential dwelling units including 18 affordable rental housing units. The affordable housing units would be owned by the City of Toronto and operated by a community non-profit housing group under a long term lease. Council previously authorized the purchase of up to 16 affordable housing units on site and provision of Open Door Program funding and incentives for up to 16 affordable housing units. Through the review of the development applications an additional two affordable housing units are being proposed on site for a total of 18.

This report is seeking Council approval for waiver of fees for planning application, building permit, parkland dedication and exemptions for development charges, as well as exemption from property taxes for municipal and school purposes for the affordability period of 50 years. These financial incentives are through the Open Door Affordable Housing Program totalling $258,546 as outlined in Charts A and B below. This is required for two additional affordable rental homes developed on the property at 838 Broadview, for a total of 18 affordable rental units on the second floor of the building. These 18 affordable units will be owned by the City and operated by a non-profit operator. The incentives for the initial 16 affordable rental housing units in the development were already approved by Council at its meeting December 17 and 18, 2019 through Item PH11.9.

These incentives are not a direct capital payment from the City but rather foregone revenues that the City waives or forgives. Values are based on 2022 tax rates, 2022 AMR rates, November 2021 development charge rates, 2022 building permit fees and 2022 planning fees.

Chart A: Details of Open Door Affordable Rental Housing Program Incentives for 2 Additional Units at 838 Broadview Ave.

Chart B: Details of Annual and Net Present Value of Property Tax Exemption for 2           Additional Units at 838 Broadview Ave.

While there is an increase in the number of affordable housing units to be included in the development, there is no increase to the purchase price of the affordable housing as there is no material change to the square metres being purchased.

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial impact information.

The City Planning Division recommends that:

1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 1684-1702 Queen Street East, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 5 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District.

2. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendments as may be required.

3. City Council authorize the City Solicitor and appropriate City staff to take such actions as are required to implement City Council's decision, including the execution and implementation of appropriate agreements.

This report reviews and recommends approval of the application to amend the Zoning By-law to permit a 6-storey mixed-use building. The proposed development will have 90 residential units, and 1,130 square metres of non-residential gross floor area, including conservation of the Imperial Bank of Canada Building at 1702 Queen Street East. One level of underground parking is proposed with 56 vehicular and 91 residential and visitor bicycle parking spaces.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year or in future years.

The Senior Manager, Heritage Planning, Urban Design, City Planning recommends that:

1. City Council approve the alterations to the heritage properties at 1404 Yonge Street and 1420 Yonge Street (including entrance addresses at 1418, 1422, 1424, 1426 and 1428 Yonge Street), in accordance with Section 33 of the Ontario Heritage Act, to allow for the construction of a 40-storey tower, with such alterations to be substantially in accordance with architectural drawings dated May 10, 2022, prepared by IBI Group and on file with the Senior Manager, Heritage Planning and the Heritage Impact Assessment (HIA), prepared by Goldsmith Borgal & Company Ltd. Architects, dated May 3, 2022 and on file with the Senior Manager, Heritage Planning, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Planning and subject to the following conditions:

a. That the related site-specific Official Plan Amendment and Zoning By-law Amendment permitting the proposed alterations has been enacted by City Council and has come into full force and effect in a form and with content acceptable to City Council, as determined by the Chief Planner and Executive Director, City Planning, in consultation with the Senior Manager, Heritage Planning.

b. That the owner:

1. Enter into a Heritage Easement Agreement with the City for the properties at 1404 Yonge Street and 1420 Yonge Street in accordance with the plans and drawings dated May 10, 2022, prepared by IBI Group and on file with the Senior Manager, Heritage Planning, the Heritage Impact Assessment prepared by Goldsmith Borgal & Company Ltd. Architects, dated May 3, 2022 and in accordance with the Conservation Plan required in Recommendation 1.b.2, to the satisfaction of the Senior Manager, Heritage Planning including registration of such agreement to the satisfaction of the City Solicitor.

2. Provide a detailed Conservation Plan, prepared by a qualified heritage consultant that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 1404 Yonge Street and 1420 Yonge Street prepared by Goldsmith Borgal & Company Ltd. Architects, dated May 3, 2022, to the satisfaction of the Senior Manager, Heritage Planning.

3. Recommendation b.1. and 2. above are required to be satisfied prior to the introduction of the bill for any Zoning By-law Amendment related to the property, unless other legal mechanisms are utilized so as to satisfy the City Solicitor that no Building Permit will be issued until such time as the Owner has entered into the Heritage Easement Agreement and registered the agreement on title.  In any case, the Conservation Plan must be accepted and the Heritage Easement Agreement must be entered into and registered no later than December 9, 2022, or such later date as may be agreed by the owner and the Senior Manager, Heritage Planning in writing, failing which this condition will be determined to be unfulfilled.

c. That prior to final Site Plan approval for the proposed Official Plan Amendment and Zoning By-law Amendment for the properties located at 1406 Yonge Street and 1420 Yonge Street (including entrance addresses at 1418, 1422, 1424, 1426 and 1428 Yonge Street) the owner shall:

1. Provide final Site Plan drawings substantially in accordance with the approved Conservation Plan required in Recommendation 1.b.2 to the satisfaction of the Senior Manager, Heritage Planning.

2. Have obtained final approval for the necessary Official Plan Amendment and  Zoning By-law Amendment required for the subject property, such Amendment to have come into full force and effect;

3. Provide a Heritage Lighting Plan that describes how the exterior of the heritage properties will be sensitively illuminated to enhance their heritage features to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning.

4. Provide a detailed landscape plan for the subject property, satisfactory to the Senior Manager, Heritage Planning.

5. Provide an Interpretation Plan for the subject property, to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning.

6. Submit a Signage Plan for the subject property to the satisfaction of the Senior Manager, Heritage Planning.

d. That prior to the issuance of any permit for all or any part of the properties at 1404 Yonge Street and 1420 Yonge Street (including entrance addresses at 1418, 1422, 1424, 1426 and 1428 Yonge Street), including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage buildings as are acceptable to the Senior Manager, Heritage Planning, the owner shall:

1.  Have entered into a Heritage Easement Agreement with the City required in Recommendation 1.b.1.

2. Provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Recommendation 1.b.2, including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Planning.

3. Provide a Letter of Credit, including provision for upward indexing, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Planning, to secure all work included in the approved Conservation Plan, Heritage Lighting Plan and Interpretation Plan.

4. Provide full documentation of the existing heritage properties, including two (2) printed sets of archival quality 8” x 10” colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set on a USB flash drive in tiff format and 600 dpi resolution keyed to a location map, elevations and measured drawings, and copies of all original drawings as may be available, to the satisfaction of the Senior Manager, Heritage Planning.

e. That prior to the release of the Letter of Credit required in Recommendation 1.d.3, the owner shall:

1. Provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work and the required interpretive work has been completed in accordance with the Conservation Plan, Heritage Lighting Plan and Interpretation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning.

2. Provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning.

2. City Council approve the request to remove the heritage property at 1406 Yonge Street under Section 34 of the Ontario Heritage Act, to allow for the construction of a 40-storey tower, with such removal to be undertaken substantially in accordance with architectural drawings dated May 10, 2022, prepared by IBI Group and on file with the Senior Manager, Heritage Planning and the Heritage Impact Assessment (HIA), prepared by Goldsmith Borgal & Company Ltd. Architects, dated May 3, 2022 and on file with the Senior Manager, Heritage Planning, subject to the following additional conditions:

a. That the related site-specific Official Plan Amendment and Zoning By-law Amendment permitting the proposed removal has been enacted by City Council and has come into full force and effect in a form and with content acceptable to City Council, as determined by the Chief Planner and Executive Director, City Planning, in consultation with the Senior Manager, Heritage Planning

b. That prior to the issuance of any permit for all or any part of the property at 1406 Yonge Street, including a heritage permit or a building permit, the owner shall:

1. Enter into a Heritage Easement Agreement with the City for the properties at 1404 and 1420 Yonge Street in accordance with the plans and drawings dated May 10, 2022, prepared by IBI Group and on file with the Senior Manager, Heritage Planning, the Heritage Impact Assessment prepared by Goldsmith Borgal & Company Ltd. Architects, dated May 3, 2022 and in accordance with the Conservation Plan required in Recommendation 1.b.2, to the satisfaction of the Senior Manager, Heritage Planning including registration of such agreement to the satisfaction of the City Solicitor.

2. Provide building permit drawings for the development at 1404-1406 Yonge Street and 1420 Yonge Street, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Recommendation 1.b.2, including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Planning.

3. Provide a Letter of Credit, including provision for upward indexing, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Planning, to secure all work included in the approved Conservation Plan, Heritage Lighting Plan and Interpretation Plan.

4. Provide full documentation of the existing heritage property at 1406 Yonge Street, including two (2) printed sets of archival quality 8” x 10” colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set on a flash drive in tiff format and 600 dpi resolution keyed to a location map, elevations and measured drawings, and copies of all existing interior floor plans and original drawings as may be available, to the satisfaction of the Senior Manager, Heritage Planning;

3. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of 1404 and 1420 Yonge Street (including entrance addresses at 1418, 1422, 1424, 1426 and 1428 Yonge Street) in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

4. City Council authorize the City Solicitor to introduce the necessary Bill in Council authorizing the entering into of a Heritage Easement Agreement for the property at 1404 and 1420 Yonge Street (including entrance addresses at 1418, 1422, 1424, 1426 and 1428 Yonge Street).

This report recommends that City Council approve the alterations proposed for the heritage properties at 1404 Yonge Street and 1420 Yonge Street (including entrance addresses at 1418, 1422, 1424, 1426 and 1428 Yonge Street) under Part IV, Section 33 of the Ontario Heritage Act and approve the demolition proposed for the heritage property at 1406 Yonge Street under Part IV, Section 34 of the Ontario Heritage Act in connection with the proposed redevelopment of the site. This report also recommends that City Council grant authority to enter into a Heritage Easement Agreement for 1404 and 1420 Yonge Street.

Located on the west side of Yonge Street just south of St. Clair Avenue within the Deer Park neighbourhood, the properties at 1404-1406 Yonge Street form the end of a row of 3-storey main street commercial buildings that were constructed in 1932 in the Spanish Colonial Revival style. To their immediate north, and separated by a driveway entry into St. Michael's Cemetery, the adjacent 1420 Yonge Street contains a complete block of four, 2-storey main street commercial row buildings that were also constructed in 1932. City Council issued a Notice of Intention to Designate under Part IV of the Ontario Heritage Act for each of these properties at its meeting on April 6, 2022.

In conjunction with an Official Plan Amendment application and a Zoning Bylaw Amendment application, the development proposal is for a 40-storey tower that would encompass the front façade of the heritage building at 1420 Yonge Street, which will be conserved in-situ. The project also proposes the demolition of the building at 1406 Yonge Street, and the repair and conservation of the newly exposed north wall of 1404 Yonge Street. The proposed alterations are consistent with the existing heritage policy framework and the demolition of 1406 Yonge Street is considered acceptable within the broader conservation strategy. The heritage impacts of the development proposal will be appropriately mitigated.

There are no financial implications resulting from the adoption of this report.

At its meeting on June 14, 2022, the Toronto Preservation Board considered Item PB35.5 and made recommendations to City Council.

Summary from the report (May 24, 2022) from the Senior Manager, Heritage Planning, Urban Design, City Planning:

This report recommends that City Council approve the alterations proposed for the heritage properties at 1404 Yonge Street and 1420 Yonge Street (including entrance addresses at 1418, 1422, 1424, 1426 and 1428 Yonge Street) under Part IV, Section 33 of the Ontario Heritage Act and approve the demolition proposed for the heritage property at 1406 Yonge Street under Part IV, Section 34 of the Ontario Heritage Act in connection with the proposed redevelopment of the site. This report also recommends that City Council grant authority to enter into a Heritage Easement Agreement for 1404 and 1420 Yonge Street.

Located on the west side of Yonge Street just south of St. Clair Avenue within the Deer Park neighbourhood, the properties at 1404-1406 Yonge Street form the end of a row of 3-storey main street commercial buildings that were constructed in 1932 in the Spanish Colonial Revival style. To their immediate north, and separated by a driveway entry into St. Michael's Cemetery, the adjacent 1420 Yonge Street contains a complete block of four, 2-storey main street commercial row buildings that were also constructed in 1932. City Council issued a Notice of Intention to Designate under Part IV of the Ontario Heritage Act for each of these properties at its meeting on April 6, 2022.

In conjunction with an Official Plan Amendment application and a Zoning Bylaw Amendment application, the development proposal is for a 40-storey tower that would encompass the front façade of the heritage building at 1420 Yonge Street, which will be conserved in-situ. The project also proposes the demolition of the building at 1406 Yonge Street, and the repair and conservation of the newly exposed north wall of 1404 Yonge Street. The proposed alterations are consistent with the existing heritage policy framework and the demolition of 1406 Yonge Street is considered acceptable within the broader conservation strategy. The heritage impacts of the development proposal will be appropriately mitigated.

The Senior Manager, Heritage Planning, Urban Design, City Planning recommends that:

1. City Council include the property at 518 Church Street on the City of Toronto's Heritage Register in accordance with the Listing Statement (Reasons for Inclusion), attached as Attachment 3 to the report (May 24, 2022) from the Senior Manager, Heritage Planning, Urban Design, City Planning.

This report recommends that City Council include the property at 518 Church Street on the City of Toronto’s Heritage Register for its cultural heritage value.

Located on the southwest corner of Church Street and Maitland Street, the property at 518 Church Street comprises a three-storey brick building, originally constructed as part of a row of six residences (508-518 Church Street) in c.1856-1858. It was converted to commercial use by the late-19th century, initially as a grocery and later as a restaurant. The property has evolved physically in its 160-year history, including the loss of the adjacent residential units of the historic row (now a parking lot). The other surviving units are located at 508 and 510 Church Street. Situated within the centre of the Church and Wellesley Village, the subject property is important in defining the area's character.

Following research and evaluation, it has been determined that 518 Church Street meets Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act, which the City of Toronto also applies when evaluating properties for its Heritage Register. The property at 518 Church Street is significant due to its design/physical and contextual value.

Properties on the Heritage Register will be conserved and maintained in accordance with the Official Plan Heritage Policies.

There are no financial implications resulting from the adoption of this report.

At its meeting on June 14, 2022, the Toronto Preservation Board considered Item PB35.7 and made recommendations to City Council.

Summary from the report (May 24, 2022) from the Senior Manager, Heritage Planning, Urban Design, City Planning:

This report recommends that City Council include the property at 518 Church Street on the City of Toronto’s Heritage Register for its cultural heritage value.

Located on the southwest corner of Church Street and Maitland Street, the property at 518 Church Street comprises a three-storey brick building, originally constructed as part of a row of six residences (508-518 Church Street) in c.1856-1858. It was converted to commercial use by the late-19th century, initially as a grocery and later as a restaurant. The property has evolved physically in its 160-year history, including the loss of the adjacent residential units of the historic row (now a parking lot). The other surviving units are located at 508 and 510 Church Street. Situated within the centre of the Church and Wellesley Village, the subject property is important in defining the area's character.

Following research and evaluation, it has been determined that 518 Church Street meets Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act, which the City of Toronto also applies when evaluating properties for its Heritage Register. The property at 518 Church Street is significant due to its design/physical and contextual value.

Properties on the Heritage Register will be conserved and maintained in accordance with the Official Plan Heritage Policies.

The Senior Manager, Heritage Planning, Urban Design, City Planning recommends that:

1. City Council consent to the application to alter the designated property at 508 and 510 Church Street, with conditions, under Part IV, Section 33 of the Ontario Heritage Act for the reasons stated in the report (May 24, 2022) from the Senior Manager, Heritage Planning and with such alterations substantially in accordance with the plans and drawings dated April 8, 2022, prepared by Diamond Schmitt Architects and on file with the Senior Manager, Heritage Planning and the Heritage Impact Assessment prepared by ERA Architects Inc., dated December 16, 2021 and on file with the Senior Manager, Heritage Planning, all subject to and in accordance with the Conservation Plan satisfactory to the Senior Manager, Heritage Planning and subject to the following conditions:

a. That the related site specific Official Plan Amendment and Zoning By-law Amendment  permitting the proposed alterations has been enacted by City Council and has come into full force and effect in a form and with content acceptable to City Council, as determined by the Chief Planner and Executive Director, City Planning, in consultation with the Senior Manager, Heritage Planning.

b. That the owner:

1. Enter into a Heritage Easement Agreement with the City for the property at 508 and 510 Church Street substantially in accordance with the plans and drawings dated April 8, 2022, prepared by Diamond Schmitt Architects and on file with the Senior Manager, Heritage Planning, the Heritage Impact Assessment prepared by ERA Architects Inc., dated December 16, 2021, subject to and in accordance with the Conservation Plan required in Recommendation 1.b.2, to the satisfaction of the Senior Manager, Heritage Planning including  execution of such agreement to the satisfaction of the City Solicitor.

2. Provide 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 for the property at 508 and 510 Church Street prepared by ERA Architects Inc., dated December 16, 2021, to the satisfaction of the Senior Manager, Heritage Planning.

3. Recommendation b.1. and 2. above are required to be satisfied prior to the introduction of the bill for any Zoning By-law Amendment related to the property, unless other legal mechanisms are utilized so as to satisfy the City Solicitor that no Building Permit will be issued until such time as the Owner has entered into the Heritage Easement Agreement and registered the agreement on title.  In any case, the Conservation Plan must be accepted and the Heritage Easement Agreement must be entered into and registered no later than December 9, 2022, or such later date as may be agreed by the owner and the Senior Manager, Heritage Planning in writing, failing which this condition will be determined to be unfulfilled.

c. That prior to Site Plan approval for the proposed Official Plan Amendment and Zoning By-law Amendment for the properties located at 508 and 510 Church Street, the subject owner shall:

1. Provide final Site Plan drawings substantially in accordance with the approved Conservation Plan required in Recommendation 1.b.2 to the satisfaction of the Senior Manager, Heritage Planning.

2. Provide a Heritage Lighting Plan that describes how the exterior of the heritage property will be sensitively illuminated to enhance its heritage character to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning.

3. Provide a detailed landscape plan for the subject property, satisfactory to the Senior Manager, Heritage Planning.

4. Provide an Interpretation Plan for the subject property, to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning.

5. Submit a Signage Plan for the subject property to the satisfaction of the Senior Manager, Heritage Planning.

d. That prior to the issuance of any permit for all or any part of the property at 508 and 510 Church Street, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Planning the owner shall:

1. Have entered into a Heritage Easement Agreement with the City required in Recommendation 1.b.1.

2. Provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Recommendation 1.b.2, including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Planning.

3. Provide a Letter of Credit, including provision for upward indexing, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Planning to secure all work included in the approved Conservation Plan, Heritage Lighting Plan and Interpretation Plan.

4. Provide full documentation of the existing Crews and Tangos building and coach house, including two (2) printed sets of archival quality 8” x 10” colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set on a USB flash drive in tiff format and 600 dpi resolution keyed to a location map, elevations and measured drawings, and copies of all existing interior floor plans and original drawings as may be available, to the satisfaction of the Senior Manager, Heritage Planning.

e. That prior to the release of the Letter of Credit required in Recommendation 1.d.3, the owner shall:

1. Provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work and the required interpretive work has been completed in accordance with the Conservation Plan, Heritage Lighting Plan and Interpretation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning.

2. Provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning.

2. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of the properties at 508 and 510 Church Street in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

3. City Council authorize the City Solicitor to introduce the necessary Bill in Council authorizing the entering into of a Heritage Easement Agreement for the properties at 508 and 510 Church Street.

This report recommends that City Council approve the alterations proposed for the heritage properties at 508 and 510 Church Street (designated under Part IV of the Ontario Heritage Act) in connection with the development of the subject site.

The development site at 506-516 Church Street contains the Crews and Tangos building at 508 and 510 Church Street, which comprises two adjoining structures, originally constructed as part of a row of six residences in c.1856-1858, along with a surviving nineteenth-century coach house to the rear. The primary structures are a unique example of semi-detached house-form buildings from the mid-nineteenth century that have evolved for commercial use. Since 1994 they have been the home of Crews, later Crews and Tangos, a storied venue for drag performances and queer gatherings. The building is notable for its asymmetrical configuration and details that demonstrate the influence of the Romanesque Revival style. The property is a cultural landmark within the Church and Wellesley Village and for Toronto's broader 2SLGBTQ+ community.

The development application proposes a 14-storey mixed-use building, the retention of a portion of the existing Crews and Tangos building at 508 and 510 Church Street and the demolition of the coach house to the rear. The retained portion of the heritage building is proposed to be restored with minor modifications to support ground floor retail uses. The existing World Pride Mural will be removed to allow for masonry restoration and it will be commemorated through documentation and two new murals. The proposed alterations conserve the heritage properties and are consistent with the policy framework. The heritage impacts of the development proposal are appropriately mitigated through the overall conservation strategy.

There are no financial implications resulting from the adoption of this report.

At its meeting on June 14, 2022, the Toronto Preservation Board considered Item PB35.6 and made recommendations to City Council.

Summary from the report (May 24, 2022) from the Senior Manager, Heritage Planning, Urban Design, City Planning:

This report recommends that City Council approve the alterations proposed for the heritage properties at 508 and 510 Church Street (designated under Part IV of the Ontario Heritage Act) in connection with the development of the subject site.

The development site at 506-516 Church Street contains the Crews and Tangos building at 508 and 510 Church Street, which comprises two adjoining structures, originally constructed as part of a row of six residences in c.1856-1858, along with a surviving nineteenth-century coach house to the rear. The primary structures are a unique example of semi-detached house-form buildings from the mid-nineteenth century that have evolved for commercial use. Since 1994 they have been the home of Crews, later Crews and Tangos, a storied venue for drag performances and queer gatherings. The building is notable for its asymmetrical configuration and details that demonstrate the influence of the Romanesque Revival style. The property is a cultural landmark within the Church and Wellesley Village and for Toronto's broader 2SLGBTQ+ community.

The development application proposes a 14-storey mixed-use building, the retention of a portion of the existing Crews and Tangos building at 508 and 510 Church Street and the demolition of the coach house to the rear. The retained portion of the heritage building is proposed to be restored with minor modifications to support ground floor retail uses. The existing World Pride Mural will be removed to allow for masonry restoration and it will be commemorated through documentation and two new murals. The proposed alterations conserve the heritage properties and are consistent with the policy framework. The heritage impacts of the development proposal are appropriately mitigated through the overall conservation strategy.

The City Planning Division recommends that:

1.  City Council direct the City Solicitor, together with City Planning staff and other appropriate staff, to attend the Ontario Land Tribunal hearing scheduled from September 26, 2022 to October 4, 2022 to oppose the Application for 2-24 Temple Avenue, and to continue discussions with the applicant in an attempt to resolve outstanding issues.

2.  In the event that the Ontario Land Tribunal allows the appeals in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Orders be withheld until such time as the City Solicitor advises that:

a.  Draft Zoning By-law Amendments are provided in a form and with content satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b.  The owner has provided confirmation that outstanding issues listed in the Engineering and Construction Services memo to City Planning dated June 7, 2021 have been addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c.  City Council has approved the Rental Housing Demolition application (File No. 21 105909 STE 04 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of the existing rental dwelling units at 2-24 Temple Avenue, and the owner has entered into, and registered on title to the lands, one or more agreements with the City, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing all rental housing-related matters, including tenant assistance to address Official Plan policy 3.2.1.12,  necessary to implement City Council's decision.

3.         City Council authorize the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement City Council's decision.

A Zoning By-law Amendment application was submitted on January 18, 2021 proposing a 16-storey residential building comprised of 273 dwelling units at 2-24 Temple Avenue. The application was deemed complete on February 16, 2021, and has since been revised to include 275 residential units.

An associated Rental Housing Demolition and Conversion application was submitted accompanying the Zoning By-law Amendment application regarding the existing rental dwelling units and dwelling rooms. This application is still under review.

On September 1, 2021, the applicant notified the City Clerk that an appeal was submitted to the Ontario Land Tribunal (OLT) due to Council not making a decision within the 90-day time frame for the Zoning By-law Amendment as outlined in the Planning Act.

This report recommends that the City Solicitor, with the appropriate City staff, attend the OLT hearing to oppose the application in its current form, and to continue discussions with the applicant to resolve outstanding issues. The OLT has scheduled a hearing from September 26, 2022 to October 4, 2022. Mediation sessions were held on May 27, 2022 and June 1, 2022.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in the report in the current budget year or in future years.

The City Planning Division recommends that:

1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the current application regarding the Official Plan and Zoning By-law Amendment appeals for the lands at 175-195 St. Clair Avenue West and 273 Poplar Plains Road, and to continue discussions with the applicant in an attempt to resolve outstanding issues.

2. In the event that the Ontario Land Tribunal allows the appeals in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Orders be withheld until such time as the City Solicitor advises that:

a. the final form and content of the draft Official Plan and Zoning By-laws are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the owner has provided confirmation of water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the determination of whether holding provisions are required in the Zoning By-law Amendment;

c. City Council has approved the Rental Housing Demolition Application (21 111463 STE 12 RH) in accordance with Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, which allows for the demolition of the one (1) existing rental dwelling unit on the site;

d. if applicable, community benefits and other matters in support of the development are secured in a Section 37 Agreement executed by the owner and registered on title to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

3. City Council authorize the City Solicitor, if appropriate, to request the issuance of any final Orders prior to the owner entering into a Section 37 Agreement referenced in Recommendation 2.d), above.

4. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

On November 19, 2020, an Official Plan and Zoning By-law Amendment application was submitted to permit a 13 to 15-storey residential building containing 206 dwelling units. The proposal has since been reduced to an 11 to 13-storey residential building containing 164 dwelling units. A Rental Housing Demolition application was submitted to permit the demolition of 1 rental dwelling unit on the site on February 2, 2021.

On February 15, 2022, the applicant appealed the Official Plan and Zoning By-law Amendment application to the Ontario Land Tribunal ("OLT") due to Council not making a decision within the 120-day time frame of the Planning Act.

This report recommends that the City Solicitor, with the appropriate City staff, attend the OLT hearing to oppose the application in its current form, and to continue discussions with the applicant to resolve outstanding issues.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year, or in future years.

The City Planning Division recommends that:

1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the current application regarding the Zoning By-law Amendment appeal for the lands at 15 Charles Street East and 16 Isabella Street and to continue discussions with the Applicant in an attempt to resolve outstanding issues.

2. In the event that the Ontario Land Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Orders be withheld until such time as the City Solicitor advises that:

a.    the final form and content of the draft Zoning By-law are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b.    the owner has addressed all outstanding issues raised by Parks, Forestry and Recreation as they relate to the required parkland dedication, and setbacks to George Hislop Park, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor;

c.    the owner has addressed all outstanding issues raised by Urban Forestry as they relate to tree planting, soil volume, utility conflicts, tree protection, and Toronto Green Standards, to the satisfaction of the Supervisor, Tree Protection and Plan Review;

d.    the owner has resolved matters related to roadway widenings and conveyances, as well as matters related to functional servicing and stormwater management, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

e.    where applicable community benefits and other matters in support of the development are to be secured in a Section 37 Agreement executed by the owner and registered on title to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

3. City Council authorizes the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

On December 31, 2021 a Zoning By-law Amendment application was submitted to permit a 54-storey mixed use building including a 6-storey base building. The application proposes 146 square metres of commercial uses on the ground floor and 549 residential units above.

On May 12, 2022, the Applicant appealed the application to the Ontario Land Tribunal ("OLT") due to Council not making a decision within the 90-day time frame prescribed in the Planning Act.

This report recommends that the City Solicitor with the appropriate City staff attend the OLT hearing to oppose the application in its current form and to continue discussions with the Applicant to resolve outstanding issues.

The City Planning Division confirms that there are no financial implications resulting from the recommendations included in this report in the current budget year or in future years.

The Senior Manager, Heritage Planning, Urban Design, City Planning recommends that:

1. City Council, in accordance with Section 41 of the Ontario Heritage Act, designate by by-law the area shown on Attachment 1 to the report (May 24, 2022) from the Senior Manager, Heritage Planning, Urban Design, City Planning, as the Parkdale Main Street Heritage Conservation District.

2. City Council adopt by by-law the Parkdale Main Street Heritage Conservation District Plan as the district plan for the Parkdale Main Street Heritage Conservation District, attached as Attachment 5 to the report (May 24, 2022) from the Senior Manager, Heritage Planning, Urban Design, City Planning.

3. If there are any appeals to the by-law under Section 41 of the Ontario Heritage Act, City Council direct the City Solicitor, together with the City's outside counsel and any other appropriate City staff and/or outside consultants to appear before the Ontario Land Tribunal to defend the by-law.

This report recommends that City Council designate the area referred to as Parkdale Main Street as a Heritage Conservation District ("HCD") and adopt the Parkdale Main Street (the "District") HCD Plan by by-law under Part V of the Ontario Heritage Act. The designation of Parkdale Main Street as an HCD and adoption of the HCD Plan will manage change within the District to conserve the area's cultural heritage value through the implementation of contextual policies and guidelines.

The study of Parkdale Main Street for designation as an HCD was led by Heritage Planning staff and was initiated in 2015 on Council direction. The Parkdale Main Street HCD Study process and the HCD Plan have been prepared in accordance with provincial legislation and Heritage Conservation Districts in Toronto: Procedures, Policies and Terms of Reference.

There are no financial implications resulting from the adoption of this report.

At its meeting on June 14, 2022, the Toronto Preservation Board considered Item PB35.11 and made recommendations to City Council.

Summary from the report (May 24, 2022) from the Senior Manager, Heritage Planning, Urban Design, City Planning:

This report recommends that City Council designate the area referred to as Parkdale Main Street as a Heritage Conservation District ("HCD") and adopt the Parkdale Main Street (the "District") HCD Plan by by-law under Part V of the Ontario Heritage Act. The designation of Parkdale Main Street as an HCD and adoption of the HCD Plan will manage change within the District to conserve the area's cultural heritage value through the implementation of contextual policies and guidelines.

The study of Parkdale Main Street for designation as an HCD was led by Heritage Planning staff and was initiated in 2015 on Council direction. The Parkdale Main Street HCD Study process and the HCD Plan have been prepared in accordance with provincial legislation and Heritage Conservation Districts in Toronto: Procedures, Policies and Terms of Reference.

The Senior Manager, Heritage Planning, Urban Design, City Planning recommends that:

1. City Council include the following 220 properties on the City of Toronto's Heritage Register in accordance with the Historic Context and Listing Statement (Reasons for Inclusion) attached as Attachment 3 to the report (May 24, 2022) from the Senior Manager, Heritage Planning, Urban Design, City Planning:

742 Broadview Avenue

744 Broadview Avenue

749 Broadview Avenue

751 Broadview Avenue

750 Broadview Avenue

752 Broadview Avenue

753 Broadview Avenue

114 Danforth Avenue

120 Danforth Avenue

117 Danforth Avenue

119 Danforth Avenue

123 Danforth Avenue

129 Danforth Avenue

124 Danforth Avenue

128 Danforth Avenue

131 Danforth Avenue

135 Danforth Avenue

139 Danforth Avenue

143 Danforth Avenue

132 Danforth Avenue

136 Danforth Avenue

140 Danforth Avenue

146 Danforth Avenue

148 Danforth Avenue

156 Danforth Avenue

162 Danforth Avenue

164 Danforth Avenue

161 Danforth Avenue

165 Danforth Avenue

169 Danforth Avenue

185 Danforth Avenue

189 Danforth Avenue

193 Danforth Avenue

199 Danforth Avenue

201 Danforth Avenue

205 Danforth Avenue

209 Danforth Avenue

237 Danforth Avenue

241 Danforth Avenue

245 Danforth Avenue

249 Danforth Avenue

261 Danforth Avenue

265 Danforth Avenue

269 Danforth Avenue

273 Danforth Avenue

279 Danforth Avenue

281 Danforth Avenue

283 Danforth Avenue

285 Danforth Avenue

298 Danforth Avenue

300 Danforth Avenue

309 Danforth Avenue

311 Danforth Avenue

315 Danforth Avenue

319 Danforth Avenue

323 Danforth Avenue

327 Danforth Avenue

333 Danforth Avenue

335 Danforth Avenue

337 Danforth Avenue

341 Danforth Avenue

310 Danforth Avenue

345 Danforth Avenue

347 Danforth Avenue

351 Danforth Avenue

353 Danforth Avenue

355 Danforth Avenue

348 Danforth Avenue

359 Danforth Avenue

373 Danforth Avenue

375 Danforth Avenue

439 Danforth Avenue

443 Danforth Avenue

449 Danforth Avenue

440 Danforth Avenue

444 Danforth Avenue

480 Danforth Avenue

481 Danforth Avenue

487 Danforth Avenue

488 Danforth Avenue

490 Danforth Avenue

492 Danforth Avenue

510 Danforth Avenue

516 Danforth Avenue

519 Danforth Avenue

525 Danforth Avenue

526 Danforth Avenue

532 Danforth Avenue

536 Danforth Avenue

529 Danforth Avenue

541 Danforth Avenue

551 Danforth Avenue

557 Danforth Avenue

583 Danforth Avenue

639 Danforth Avenue

641 Danforth Avenue

643 Danforth Avenue

674 Danforth Avenue

676 Danforth Avenue

680 Danforth Avenue

681 Danforth Avenue

702 Danforth Avenue

704 Danforth Avenue

706 Danforth Avenue

708 Danforth Avenue

705 Danforth Avenue

707 Danforth Avenue

709 Danforth Avenue

713 Danforth Avenue

710 Danforth Avenue

744 Danforth Avenue

777 Danforth Avenue

798 Danforth Avenue

801 Danforth Avenue

803 Danforth Avenue

805 Danforth Avenue

807 Danforth Avenue

810 Danforth Avenue

812 Danforth Avenue

818 Danforth Avenue

837 Danforth Avenue

855 Danforth Avenue

859 Danforth Avenue

861 Danforth Avenue

867 Danforth Avenue

862 Danforth Avenue

866 Danforth Avenue

884 Danforth Avenue

886 Danforth Avenue

888 Danforth Avenue

950 Danforth Avenue

954 Danforth Avenue

958 Danforth Avenue

962 Danforth Avenue

966 Danforth Avenue

972 Danforth Avenue

974 Danforth Avenue

980 Danforth Avenue

982 Danforth Avenue

988 Danforth Avenue

990 Danforth Avenue

1000 Danforth Avenue

1002 Danforth Avenue

1008 Danforth Avenue

1010 Danforth Avenue

1014 Danforth Avenue
1020 Danforth Avenue

1022 Danforth Avenue

1028 Danforth Avenue

1015 Danforth Avenue

1096 Danforth Avenue

1098 Danforth Avenue

1104 Danforth Avenue

1106 Danforth Avenue

1158 Danforth Avenue

1160 Danforth Avenue

1162 Danforth Avenue

1164 Danforth Avenue

1166 Danforth Avenue

1170 Danforth Avenue

1174 Danforth Avenue

1180 Danforth Avenue

1182 Danforth Avenue

1190 Danforth Avenue

1194 Danforth Avenue

1232 Danforth Avenue

1236 Danforth Avenue

1238 Danforth Avenue

1242 Danforth Avenue

1246 Danforth Avenue

1252 Danforth Avenue

1254 Danforth Avenue

1258 Danforth Avenue

1260 Danforth Avenue

1262 Danforth Avenue

1266 Danforth Avenue

1268 Danforth Avenue

1316 Danforth Avenue

1318 Danforth Avenue

1328 Danforth Avenue

1330 Danforth Avenue

1336 Danforth Avenue

1331 Danforth Avenue

1333 Danforth Avenue

1335 Danforth Avenue

1337 Danforth Avenue

1347 Danforth Avenue

1351 Danforth Avenue

1355 Danforth Avenue

1359 Danforth Avenue

1365 Danforth Avenue

1367 Danforth Avenue

1416 Danforth Avenue

1426 Danforth Avenue

1428 Danforth Avenue

1430 Danforth Avenue

1432 Danforth Avenue

1434 Danforth Avenue

1436 Danforth Avenue

1442 Danforth Avenue

1446 Danforth Avenue

1450 Danforth Avenue

1458 Danforth Avenue

1464 Danforth Avenue

1468 Danforth Avenue

1472 Danforth Avenue

1474 Danforth Avenue

1506 Danforth Avenue

1516 Danforth Avenue

1520 Danforth Avenue

1524 Danforth Avenue

1526 Danforth Avenue

1528 Danforth Avenue

1550 Danforth Avenue

1552 Danforth Avenue

1556 Danforth Avenue

1562 Danforth Avenue

1564 Danforth Avenue

1568 Danforth Avenue

1573 Danforth Avenue

2. City Council include the following five properties on the City of Toronto's Heritage Register in accordance with the Listing Statement (Reasons for Inclusion) attached as Attachment 4 to the report (May 24, 2022) from the Senior Manager, Heritage Planning, Urban Design, City Planning:

1 Danforth Avenue

5 Donlands Avenue

685 Danforth Avenue

1111 Danforth Avenue

71 Gough Avenue

This report recommends that City Council include 225 properties with cultural heritage value on the City of Toronto's Heritage Register. The properties are good examples of the Main Street Commercial Row, Main Street Commercial Block, Bank, Place of Worship and Theatre typologies that support the historic context of the Danforth Avenue study area. All of the recommended properties meet Ontario Regulation 9/06, the provincial criteria prescribed for municipal designation, which the City also applies when assessing properties for its Heritage Register.

The properties were identified through the Danforth Avenue Cultural Heritage Resource Assessment (CHRA), and are located on Danforth Avenue, between the Don Valley and Coxwell Avenue. This report also presents the methodology and results of the Danforth Avenue CHRA including community consultation.

The 225 properties that are recommended for inclusion on the Heritage Register in this report reflect  building types that define, support, and maintain Danforth Avenue's historic main street character. The collection of historic main street buildings along Danforth Avenue, the vast majority of which were constructed between 1910 and 1929, define an often continuous streetwall of low-rise buildings, articulated by a rhythm of narrow storefronts with recessed entrances, and punctuated by landmark banks, places of worship, and theatres. All of these building types were consistently identified throughout consultations as important to the history of Danforth Avenue, and important to its contemporary identity and sense of place. Within these building types all 225 properties are considered significant heritage resources. 

The listing of non-designated properties with cultural heritage value on the Heritage Register extends interim protection from demolition and provides an opportunity for City Council to determine whether the property warrants conservation through designation under the Ontario Heritage Act should a development or demolition application be submitted. Heritage Impact Assessments (HIA) are required for development applications that affect listed properties.

There are no financial implications resulting from the adoption of this report.

At its meeting on June 14, 2022, the Toronto Preservation Board considered Item PB35.8 and made recommendations to City Council.

Summary from the report (May 24, 2022) from the Senior Manager, Heritage Planning, Urban Design, City Planning:

This report recommends that City Council include 225 properties with cultural heritage value on the City of Toronto's Heritage Register. The properties are good examples of the Main Street Commercial Row, Main Street Commercial Block, Bank, Place of Worship and Theatre typologies that support the historic context of the Danforth Avenue study area. All of the recommended properties meet Ontario Regulation 9/06, the provincial criteria prescribed for municipal designation, which the City also applies when assessing properties for its Heritage Register.

The properties were identified through the Danforth Avenue Cultural Heritage Resource Assessment (CHRA), and are located on Danforth Avenue, between the Don Valley and Coxwell Avenue. This report also presents the methodology and results of the Danforth Avenue CHRA including community consultation.

The 225 properties that are recommended for inclusion on the Heritage Register in this report reflect  building types that define, support, and maintain Danforth Avenue's historic main street character. The collection of historic main street buildings along Danforth Avenue, the vast majority of which were constructed between 1910 and 1929, define an often continuous streetwall of low-rise buildings, articulated by a rhythm of narrow storefronts with recessed entrances, and punctuated by landmark banks, places of worship, and theatres. All of these building types were consistently identified throughout consultations as important to the history of Danforth Avenue, and important to its contemporary identity and sense of place. Within these building types all 225 properties are considered significant heritage resources. 

The listing of non-designated properties with cultural heritage value on the Heritage Register extends interim protection from demolition and provides an opportunity for City Council to determine whether the property warrants conservation through designation under the Ontario Heritage Act should a development or demolition application be submitted. Heritage Impact Assessments (HIA) are required for development applications that affect listed properties.

The Senior Manager, Heritage Planning, Urban Design, City Planning recommends that:

1. City Council include the following six properties on the City of Toronto's Heritage Register in accordance with a Listing Statement (Reasons for Inclusion), attached as Attachment 2 to the report, May 24, 2022, from the Senior Manager, Heritage Planning, Urban Design, City Planning:

·         1897 Queen Street East

·         1899 Queen Street East

·         1907 Queen Street East

·         2241 Queen Street East (including an entrance at 2239 Queen Street East)

·         2243 Queen Street East (including an entrance at 2235 Queen Street East)

·          2247 Queen Street East (including entrances at 2249 Queen Street East, and 96 and 98 Hammersmith Avenue)

This report recommends that City Council include on the City's Heritage Register six properties located on Queen Street East, east of Woodbine Avenue, in the Beach Neighbourhood. All of the recommended properties meet one or more of the provincial criteria for determining cultural heritage value or interest.

In recent years Heritage Planning has received a number of community heritage nominations for properties in this neighbourhood. Staff have reviewed all of the nominations and identified that two important collections of properties that merited evaluation would be recommended for inclusion on the Register at this time, with the balance of the nominations to be reviewed in a future phase. The recommended six properties are an important part of the Queen Street East streetscape and include a collection of some of the earliest surviving residential buildings in the neighbourhood, along with a collection of single and double-duplex, residential typology buildings according to designs by Price Brothers that are unique to the Beaches area. The properties being recommended for inclusion on the Heritage Register are contained in Recommendation 1 of this report.

All of the recommended properties have been researched and evaluated by staff using the criteria prescribed by the Province in Regulation 9/06 and all of the properties meet one or more of the provincial criteria for determining cultural heritage value or interest for designation under Part IV of the Ontario Heritage Act, which the City applies when assessing properties for inclusion on the City's Heritage Register. The remaining outstanding nominations will be processed systematically along Queen Street East as part of the City's Heritage Survey program or on a case by case basis as the need arises.

Properties on the Heritage Register will be conserved and maintained in accordance with the Official Plan Heritage Policies.

There are no financial implications resulting from the adoption of this report.

At its meeting on June 14, 2022, the Toronto Preservation Board considered Item PB35.9 and made recommendations to City Council.

Summary from the report (May 24, 2022) from the Senior Manager, Heritage Planning, Urban Design, City Planning:

This report recommends that City Council include on the City's Heritage Register six properties located on Queen Street East, west of Woodbine Avenue, in the Beach Neighbourhood. All of the recommended properties meet one or more of the provincial criteria for determining cultural heritage value or interest.

In recent years Heritage Planning has received a number of community heritage nominations for properties in this neighbourhood. Staff have reviewed all of the nominations and identified that two important collections of properties that merited evaluation would be recommended for inclusion on the Register at this time, with the balance of the nominations to be reviewed in a future phase. The recommended six properties are an important part of the Queen Street East streetscape and include a collection of some of the earliest surviving residential buildings in the neighbourhood, along with a collection of single and double-duplex, residential typology buildings according to designs by Price Brothers that are unique to the Beaches area. The properties being recommended for inclusion on the Heritage Register are contained in Recommendation 1 of this report.

All of the recommended properties have been researched and evaluated by staff using the criteria prescribed by the Province in Regulation 9/06 and all of the properties meet one or more of the provincial criteria for determining cultural heritage value or interest for designation under Part IV of the Ontario Heritage Act, which the City applies when assessing properties for inclusion on the City's Heritage Register. The remaining outstanding nominations will be processed systematically along Queen Street East as part of the City's Heritage Survey program or on a case by case basis as the need arises.

Properties on the Heritage Register will be conserved and maintained in accordance with the Official Plan Heritage Policies.

Municipal Licensing and Standards recommends that Toronto and East York Community Council:  

1. Refuse to grant the application for an exemption permit, by the property owner of 17 Boswell Ave, for a proposed fence that fails to comply with the provisions of Toronto Municipal Code, Chapter 447, Fence By-Law.

OR

2. Grant the application for an exemption permit to the property owners of 17 Boswell Ave., thereby allowing the proposed fence to be installed. Direct and require that the installation be maintained in good repair without alteration. Direct and require that at such time as replacement of the fence is required that such installation will comply with Municipal Code Chapter 447, Fences, or its successor by-law.

This staff report concerns a matter for which the Toronto and East York Community Council has delegated authority from City Council to make a final decision.

The purpose of this report is to advise Community Council concerning an application by the property owner of 17 Boswell Avenue for a site-specific Fence Exemption, pursuant to Section 447-1.5(B) of Toronto Municipal Code, Chapter 447- Fences. The property owner is seeking Community Council's permission to keep a fence for a pool enclosure above the standards 2.0 metres. This would not comply with the standards stipulated by Section 447-1.2 B. (1).

There is no anticipated Financial Impact from this report.

Municipal Licensing and Standards recommends that Toronto and East York Community Council:  

1. Refuse to grant the application for an exemption permit, by the property owner of 50 Cumberland St, for a proposed fence that fails to comply with the provisions of Toronto Municipal Code, Chapter 447-1.3 D- Fence Bylaw.

OR

2. Grant the application for a fence exemption permit to the property owners of 50 Cumberland St., thereby allowing the proposed fence to be installed. Direct and require that the installation be maintained in good repair without alteration. Direct and require that at such time as replacement of the fence is required that such installation will comply with Municipal Code Chapter 447, Fences, or its successor bylaw.

This staff report concerns a matter for which the Toronto and East York Community Council has delegated authority from City Council to make a final decision.

The purpose of this report is to consider an application by the property owner of 50 Cumberland St. for a site-specific Fence Exemption, pursuant to Section 447-1.5(B) of Toronto Municipal Code, Chapter 447 - Fences. The property owner is seeking permission to keep a fence for a pool enclosure at the height of 1.2 metres. This pool fence enclosure will be located on the 7th floor of 50 Cumberland St. This would not comply with the standards stipulated by Section 447-1.3 D. Namely, pool on Multi Residential Property is to be a minimum of 1.8 metres in height.

There is no anticipated Financial Impact from this report.

Municipal Licensing and Standards recommends that the Toronto and East York Community Council:

1. Refuse to grant the application for an exemption permit, by the owner(s) of

408 Roxton Road, to allow them to maintain the wooden fence with a height of 2.4 meters (8 feet) in the rear yard on the north, west, and south side of the property, which does not comply with the Toronto Municipal Code, Chapter 447, Fences, specifically section 447-1.2B (1) Table 1- Maximum Height of Fences.

OR

2. Grant the application for an exemption permit, by the owner(s) of

408 Roxton Road, to allow them to maintain the wooden fence with a height of 2.4 meters (8 feet) in the rear yard on the north, west, and south side of the property. Direct and require that the existing fence be maintained in good repair without alteration.  Direct and require that at such time as a replacement of the fence is required that such installation will comply with Municipal Code Chapter 447-Fences, or its successor by-law.

This staff report concerns a matter for which the Toronto and East York Community Council has delegated authority from City Council to make a final decision.

The purpose of this report is to consider an application by the owner(s) of 408 Roxton Road to maintain a wooden fence with a height of 2.4 meters (8 feet) in the rear yard on the north, west, and south side of the property. The fence is for security and privacy. The fence would be in contravention of the Toronto Municipal Code, Chapter 447-1.2B (1) Table 1 – Maximum Height of Fences. Based on a complaint, a Notice of Violation was issued on April 21, 2021.

There is no financial impact anticipated in this report.

The District Manager, Municipal Licensing and Standards, Central District recommends that Toronto and East York Community Council:  

1. Refuse to grant the application for an exemption permit, by the property owner of 99 Broadway Ave, for a proposed fence that fails to comply with the provisions of Toronto Municipal Code, Chapter 447-1.3 D- Fence Bylaw.

OR

2. Grant the application for an exemption permit to the property owners of 99 Broadway Ave., thereby allowing the proposed fence to be installed. Direct and require that the installation be maintained in good repair without alteration. Direct and require that at such time as replacement of the fence is required that such installation will comply with Municipal Code Chapter 447, Fences, or its successor by-law.

This staff report concerns a matter for which the Toronto and East York Community Council has delegated authority from City Council to make a final decision.

The purpose of this report is to advise Community Council concerning an application by the property owner of 99 Broadway Ave. for a site-specific Fence Exemption, pursuant to Section 447-1.5(B) of Toronto Municipal Code, Chapter 447- Fences. The property owner is seeking Community Council's permission to keep a fence for a pool enclosure at the height of 1.2 metres. This pool fence enclosure will be located on the 6th floor podium of 95-99 Broadway Ave. This outdoor terrace is flanked on the north and south by the two condominium towers. The east and west sides has 2.0 metres wind screens.  This would not comply with the standards stipulated by Section 447-1.3 D. Namely, Pool fence on Multiple Residential Property is to be at least 1.8 metres in height.

There is no anticipated Financial Impact from this report.

Municipal Licensing and Standards recommends that the Toronto and East York Community Council:

1. Refuse to grant the application for an exemption permit, by the owner(s) of 103 Sumach Street, to allow them to maintain the wooden fence with a height of 2.4 meters (8 feet) in the rear yard on the north and south side of the property, which does not comply with the Toronto Municipal Code, Chapter 447, Fences, specifically section 447-1.2B (1) Table 1- Maximum Height of Fences.

OR

2. Grant the application for an exemption permit, by the owner(s) of 103 Sumach Street, to allow them to maintain the wooden fence with a height of 2.4 meters (8 feet) in the rear yard on the north and south side of the property. Direct and require that the existing fence be maintained in good repair without alteration.  Direct and require that at such time as a replacement of the fence is required that such installation will comply with Municipal Code Chapter 447-Fences, or its successor by-law.

This staff report concerns a matter for which the Toronto and East York Community Council has delegated authority from City Council to make a final decision.

The purpose of this report is to consider an application by the owner(s) of 103 Sumach Street to maintain a wooden fence with a height of 2.4 meters (8 feet) in the rear yard on the north and south side of the property. The fence is on a corner lot and the outside is exposed to Wascana Avenue. The fence was built for security and privacy reasons. The fence would be in contravention of the Toronto Municipal Code, Chapter 447-1.2B (1) Table 1 – Maximum Height of Fences. Based on a complaint, a Notice of Violation was issued on June 22, 2021.

There is no financial impact anticipated in this report.

Municipal Licensing and Standards recommends that the Toronto and East York Community Council:

1. Refuse to grant the application for an exemption permit, by the owner(s) of

65 Berkshire Avenue, to allow them to maintain the wooden fence with a height of 2.3 meters (7.5 feet) in the rear yard on the northeast end of the property, which does not comply with the Toronto Municipal Code, Chapter 447, Fences, specifically section 447-1.2B (1) Table 1- Maximum Height of Fences.

OR

2. Grant the application for an exemption permit, by the owner(s) of

65 Berkshire Ave, to allow them to maintain the wooden fence with a height of 2.3 meters (7.5 feet) in the rear yard on the northeast property. Direct and require that the existing fence be maintained in good repair without alteration.  Direct and require that at such time as a replacement of the fence is required that such installation will comply with Municipal Code Chapter 447-Fences, or its successor by-law.

This staff report concerns a matter for which the Toronto and East York Community Council has delegated authority from City Council to make a final decision.

The purpose of this report is to consider an application by the owner(s) of 65 Berkshire Avenue to maintain a wooden fence with a height of 2.3 meters (7.5 feet) in the rear yard on the northeast rear of the property. The fence has a length of approximately 3 meters (9.8 feet) and is abutting 67 Berkshire Avenue. The fence consists of pressure treated vertical wood posts. The fence was built for privacy, noise reduction, and light pollution purposes. The fence would be in contravention of the Toronto Municipal Code, Chapter 447-1.2B (1) Table 1 – Maximum Height of Fences. Based on a complaint, a Notice of Violation was issued on February 15, 2022.

There is no financial impact anticipated in this report.

Municipal Licensing and Standards recommends that Toronto and East York Community Council:  

1. Refuse to grant the application for an exemption permit, by the property owner of 48 Lankin Boulevard, for a proposed fence that fails to comply with the provisions of Toronto Municipal Code, Chapter 447-Fences.

OR

2. Grant the application for a fence exemption permit (with or without conditions) to the property owners of 48 Lankin Boulevard, thereby allowing the proposed fence to be installed. Direct and require that the installation be maintained in good repair without alteration. Direct and require that at such time as a replacement of the fence is required that such installation will comply with Municipal Code Chapter 447-Fences, or its successor by-law.

This staff report concerns a matter for which the Toronto and East York Community Council has delegated authority from City Council to make a final decision.

The purpose of this report is to advise Community Council concerning an application by the property owner of 48 Lankin Boulevard for a site-specific Fence Exemption, pursuant to Section 447-1.5 (B) of Toronto Municipal Code, Chapter 447- Fences. The property owner is seeking Community Council's permission to keep a fence less than 1.2 Metres horizontally from the water's edge in the pool. This would not comply with the standards stipulated in section 447-1.3. E(1)(a).

There is no anticipated Financial Impact from this report.

Municipal Licensing and Standards recommends that the Toronto and East York Community Council:

1. Refuse to grant the application for an exemption permit, by the owner(s) of 77 Boardwalk Drive, to allow them to maintain a wooden gate with a height of 2.4 meters (7.8 feet) , which does not comply with the Toronto Municipal Code, Chapter 447, Fences, specifically section 447-1.2B (1) Table 1 – Maximum Height of Fences

OR

2. Grant the application for an exemption permit, by the owner(s) of

77 Boardwalk Drive, to allow them to maintain a wooden gate with a height of 2.4 meters (7.8 feet). Direct and require that the existing fence be maintained in good repair without alteration.  Direct and require that at such time as a replacement of the fence is required that such installation will comply with Municipal Code Chapter 447 Fences, or its successor by-law.

This staff report concerns a matter for which the Toronto and East York Community Council has delegated authority from City Council to make a final decision.

The purpose of this report is to consider an application by the owner(s) of 77 and 79 Boardwalk Drive to maintain a wooden gate with a height of 2.4 meters (7.8 feet) which exceeds the maximum allowable height of 2.0 meters (6.5 feet) as specified in the Toronto Municipal Code, Chapter 447-1.2B (1) Table 1 – Maximum Height of Fences. The fence is in the side yard west of 79 Boardwalk Drive and is between the properties of 77 and 79 Boardwalk Drive. This fence is for security and safety.

There is no financial impact anticipated in this report.

Municipal Licensing and Standards recommends that the Toronto and East York Community Council:

1. Refuse to grant the application for an exemption permit, by the owner(s) of 79 Boardwalk Drive, to allow them to maintain a wooden gate with a height of 2.4 meters (7.8 feet) , which does not comply with the Toronto Municipal Code, Chapter 447, Fences, specifically section 447-1.2B (1) Table 1 – Maximum Height of Fences

OR

2. Grant the application for an exemption permit, by the owner(s) of

79 Boardwalk Drive, to allow them to maintain a wooden gate with a height of 2.4 meters (7.8 feet). Direct and require that the existing fence be maintained in good repair without alteration.  Direct and require that at such time as a replacement of the fence is required that such installation will comply with Municipal Code Chapter 447 Fences, or its successor by-law.

This staff report concerns a matter for which the Toronto and East York Community Council has delegated authority from City Council to make a final decision.

The purpose of this report is to consider an application by the owner(s) of 77 and 79 Boardwalk Drive to maintain a wooden gate with a height of 2.4 meters (7.8 feet) which exceeds the maximum allowable height of 2.0 meters (6.5 feet) as specified in the Toronto Municipal Code, Chapter 447-1.2B (1) Table 1 – Maximum Height of Fences. The fence is in the side yard east of 77 Boardwalk Drive and is between the properties of 77 and 79 Boardwalk Drive. This fence is for security and safety.

There is no financial impact anticipated in this report.

Municipal Licensing and Standards recommends that the Toronto and East York Community Council:

1. Refuse to grant the application for an exemption permit, by the owner(s) of 46 Ferris Road, to maintain a vinyl fence in the rear yard on the east side of the property that measures 1.8 meters (5.9 feet) which does not comply with the Toronto Municipal Code, Chapter 447, Fences, specifically section 447-1.2A (5)-Restrictions on fences.

OR

2. Grant the application for an exemption permit, by the owner(s) of 46 Ferris Road, to allow them to maintain a vinyl fence in the rear yard on the east side of the property that measures 1.8 meters (5.9 feet). Direct and require that the existing fence be maintained in good repair without alteration.  Direct and require that at such time as a replacement of the fence is required that such installation will comply with Municipal Code Chapter 447-Fences, or its successor by-law.

This staff report concerns a matter for which the Toronto and East York Community Council has delegated authority from City Council to make a final decision.

The purpose of this report is to consider an application by the owner(s) of 46 Ferris Road to maintain a fence of vinyl horizontal boards in the rear yard on the east side of the property that measures 1.8 meters (5.9 feet) high. The fence is part of a pool enclosure and vinyl was used for aesthetics. The Toronto Municipal Code, Chapter 447-1.2A (5)-Restrictions on fences states that every fence that uses materials not usually intended for use in permanent fencing, unless specifically permitted by this chapter or another by-law. Based on a complaint, a Notice of Violation was issued on March 11, 2021.

There is no financial impact anticipated in this report.

Municipal Licensing and Standards recommends that the Toronto and East York Community Council:

1. Refuse to grant the application for an exemption permit, by the owner(s) of 245 Holborne Avenue, to allow them to erect a wooden fence with a height of 2.4 meters (8 feet) in the rear yard on the east property, which does not comply with the Toronto Municipal Code, Chapter 447, Fences, specifically section 447-1.2B (1) Table 1- Maximum Height of Fences.

OR

2. Grant the application for an exemption permit, by the owner(s) of 245 Holborne Avenue, to allow them to erect a wooden fence with a height of 2.4 meters (8 feet) in the rear yard on the east property. Direct and require that the existing fence be maintained in good repair without alteration.  Direct and require that at such time as a replacement of the fence is required that such installation will comply with Municipal Code Chapter 447 Fences, or its successor by-law.

This staff report concerns a matter for which the Toronto and East York Community Council has delegated authority from City Council to make a final decision.