Item - 2015.PG5.4

City Council on July 7, 8 and 9, 2015, adopted the following:

1.  City Council request City Planning staff to modify the draft Site and Area Specific Policies attached to the March 25, 2015 report from the Chief Planner and Executive Planner, City Planning to:

a.  incorporate density across all properties within the proposed Mixed Use Areas, south of Wilson Avenue as discussed in this report;

b.  modify built form and public realm policies to reflect discussions with landowners; and

c.  refine the language on affordable rental and ownership housing to set targets for the study area that would include the following:

i.  the provision of affordable housing units will be required in all new development throughout the Tippett Road Area, with particular emphasis on lands under the ownership or authority of Build Toronto at the time of the adoption of this Site and Area Specific Policy; and

ii.  in the area south of Wilson Avenue, a minimum of 250 affordable housing units will be required and distributed throughout all the development sites; and

d.  allow for a broad range of retail and commercial uses within the proposed Mixed Use Area "A", north of Wilson Avenue.

2.  City Council direct City Planning staff to work towards a settlement of the appeals pertaining to 9 Tippett Road with Malibu Investments, the applicants of 9 Tippett Road, which includes:

a.  a mixed use building with a total maximum gross floor area of 36,232 m2 resulting in a maximum floor space index of 3.93 times the lot area;

b.  a maximum of 500 residential dwelling units;

c.  a minimum of 1,068.38 m2 of non-residential gross floor area;

d.  a minimum of 700 m2 of privately-owned publically-accessible (POPS) space;

e.  building heights as generally set out in Attachment 9 to the report (May 29, 2015) from the Chief Planner and Executive Director, City Planning;

f.  the dedication of a unencumbered strip of land a minimum of 9.25 metres wide along the south property boundary for a future east/west road including a turning bulb;

g.  a north-south 3 metre wide easement along the east property line for a pedestrian walkway to contribute to the Mud Creek Pathway;

h.  the provision of an east-west pedestrian connection along the north property line to connect Tippett Road with the above-noted north-south connection;

i.  a commitment to provide 25 on-site affordable ownership housing units;

j.  a commitment to provide Section 37 benefits including community space for seniors, possible cash contributions for public art and other local benefits; and

k.  cash-in-lieu of parkland.

3.  City Council direct City Planning staff to continue discussions with Shiplake Developments respecting their property at 30 Tippett Road north as part of their Zoning By-law Amendment application including the following matters:

a.  the dedication and construction of a unencumbered strip of land a minimum of 14.5 metres wide along the south property boundary for a future east/west street terminating at the west end in a cul-de-sac;

b.  connection to the Wilson Subway Station entrance from the west end of the new public street through a privately-owned publically-accessible space (POPS);

c.  a mixed use development with a site layout and building heights generally as shown on Attachment 8 to the report (May 29, 2015) from the Chief Planner and Executive Director, City Planning and a proposed maximum density of approximately 2.45 times the lot area;

d.  appropriate setbacks along the west side of the development to provide for the W. R. Allen Road Walkway connecting Wilson Avenue with the lands to the south of the site;

e.  the provision of a new central public park block to be located south of the new east-west road, augmented by additional on-site privately-owned publically-accessible space (POPS);

f.  the submission of an application for a plan of subdivision to enable the creation of a public street and park block;

g.  an estimated total number of dwelling units of 431;

h.  provision of affordable rental and ownership housing units in the range of a total of 100 units, the final number to be determined through further discussion; and

i.  the provision of a 464.5 m2 daycare and/or multi-use space in the base of the building nearest to the Wilson Subway Station entrance as a Section 37 benefit.

4.  City Council direct City Planning staff to continue discussions with Build Toronto for their parcel of land at 30 Tippett Road south including the following matters:

a.  connection to the Wilson Subway Station entrance from the west end of the new public street through a privately-owned publically-accessible space (POPS);

b.  a mixed use development with a site layout and heights generally as shown on Attachment 8 to the report (May 29, 2015) from the Chief Planner and Executive Director, City Planning and a proposed maximum density of approximately 3.45 times the lot area;

c.  appropriate setbacks along the west side of the development to provide for the W. R. Allen Road Walkway connecting Wilson Avenue with the lands to the south of the site;

d.  the provision of a new central public park block augmented by other privately-owned publically-accessible space (POPS);

e.  the submission of an application for a plan of subdivision to enable the creation of a public street and park block;

f.  a private street, designed and functioning like a public street, extending south along the east side of the development parcel providing access to the buildings further south;

g.  an estimated total number of dwelling units of 529; and

h.  approximately 100 affordable housing units, both rental and ownership.

5.  City Council direct City Planning staff to continue discussions with the Malibu Investments who have an interest in 4 and 6 Tippett Road, including such matters as:

a.  the dedication of a unencumbered strip of land a minimum of 4.0 metres wide along the north property boundary for a future east/west street;

b.  the provision of a private driveway extending west from Tippett Road to connect with the private street proposed on the Build Toronto site to the west;

c.  the provision of a park block to be incorporated with the park block contributed by Shiplake Developments and Build Toronto augmented by other privately-owned publically-accessible space (POPS);

d.  a refined building design, located and massed, which minimizes shadows on the proposed public park block and other privately-owned publically-accessible space (POPS);

e.  a maximum floor space index reduced from the current proposal of 4.1 FSI to be more consistent with other sites in the study area;

f.  a requirement that development which includes residential units also increase the non-residential gross floor area to the extent possible in keeping with SASP 387; and

g.  a commitment to provide 25 affordable ownership housing units.

6.  City Council direct City Planning staff to continue discussions with Build Toronto for their lands at 50 Wilson Heights Boulevard, including such matters as:

a.  a new public street network through the site that aligns with Goodwill Avenue and Ansford Avenue, east of Wilson Heights Boulevard;

b.  a centrally located public park block located east of the new public street with additional contiguous privately-owned publically-accessible space (POPS) proposed adjacent to the west of the new public street;

c.  a proposed mixed use development of 1,100 dwelling units with a layout and building heights generally in keeping with Attachment 7 to the report (May 29, 2015) from the Chief Planner and Executive Director, City Planning;

d.  buildings set back from W. R. Allen Road to create a setback zone that will be a privately-owned publically-accessible space (POPS);

e.  the provision of The Allen Road Pathway in the lands abutting the W. R. Allen Road right-of-way which would connect the north end of the site with Wilson Avenue;

f.  the provision for north-south connections through the site for pedestrians and cyclists between Wilson Avenue and the proposed new street;

g.  the provision of non-residential gross floor area; and

h.  a minimum number of affordable housing units, the number to be determined through further discussion.

7.  City Council direct staff to initiate discussions with other landowners, including the Toronto District School Board (3 Tippett Road) within the Tippett Road Area Regeneration Study.

8.  City Council direct staff to initiate discussions with Build Toronto and the owners of 2 Tippett Road respecting the expansion of the non-residential development at 2 Tippett Road.

9.  City Council direct staff to continue conversations with the applicants regarding the provision and appropriate approach for implementation of/securing affordable housing within the study area.

10.  City Council direct City Planning staff to continue discussions with all landowners on issues of infrastructure, the required improvements, cost-sharing and when infrastructure is needed.

11.  City Council request the Director, Affordable Housing Office to work with Build Toronto, City Planning, Corporate Finance and the residential developers and landowners within the Tippet Road Regeneration Area to develop the affordable housing program and financial incentives necessary to achieve the 250 affordable rental and ownership homes outlined in the report (May 29, 2015 from the Chief Planner and Executive Director, City Planning and report back to the Planning and Growth Management meeting on November 16, 2015.

12. City Council direct the Chief Planner and Executive Director, City Planning to report back to Planning and Growth Management Committee with a final version of the Site and Area Specify Policy and any other implementing documents for consideration at a statutory public meeting under the Planning Act on November 16, 2015.

13.  City Council direct City Planning staff to continue discussions with Artscape on a possible live/work facility within the Study Area.

14.  City Council adopt the confidential instructions in Confidential Attachment 1 to the supplementary report (June 29, 2015) from the City Solicitor, as amended by the confidential attachment to motion 1 by Councillor David Shiner.

15.  City Council authorize the public release of the confidential instructions together with Appendices A and B to the supplementary report (June 29, 2015) from the City Solicitor.

The following confidential instructions in Confidential Attachment 1 to the supplementary report (June 29, 2015) from the City Solicitor were adopted by City Council, as amended, and are now public:

City Council accept the Settlement Offer dated June 25, 2015 made by the applicant for 9 Tippett Road, subject to:

1.  City Council authorizing the City Solicitor and appropriate City staff to attend the Ontario Municipal Board hearing scheduled to commence October 5, 2015 in support of the applicant's Settlement Offer for the Official Plan and Zoning By-law Amendment application made by Malibu Investments to permit the proposed development of the lands in accordance with the proposal as set out in Appendix "A" and "B" to Confidential Attachment 1 to the supplementary report (June 29, 2015) from the City Solicitor.

2.  City Council authorizing the City Solicitor to request that prior to the Board issuing its order to approve an Official Plan or Zoning By-law Amendment for the subject lands the City and the Owner shall present a draft by-law to the Board that secures community benefits through a Section 37 Agreement.

3.  City Council authorizing the City Solicitor to request that prior to the Board issuing its order to approve an Official Plan or Zoning By-law Amendment for the subject lands, the owner shall enter into an Agreement pursuant to Section 37 of the Planning Act, to be registered on title and to the satisfaction of the City Solicitor, to secure the following:

a.  Prior to the issuance of the first above-grade building permit for the proposed development, the owner shall provide a contribution in the amount of $1,400,000 to be indexed in accordance with City practice. Such funds shall be used for any and/or all of the following:

i.  a multi-user service space to serve the Tippett Regeneration Area and vicinity; and/or

ii. acquisition of lands for the expansion and/or improvement of Champlain Parkette; and/or

iii. other capital improvements to City assets, community facilities, child care facilities, affordable housing, streetscapes or the creation of a public plaza to service the Tippett Regeneration Area and vicinity.

b.  Should the above funds be used for a multi-user service space, the owner shall lease the multi-user service space for all age groups, including seniors, to the City for a term of 99 years on a turn-key basis.  The lease shall ensure that the City does not pay any rent or any facility fees or other charges, and that the owner shall be responsible for the cost of all utilities and municipal services supplied to the facility, caretaking costs of the building's common areas, repair and maintenance costs (excluding reasonable wear and tear), realty taxes and any local improvement charges.

c.  Prior to the issuance of the first above-grade building permit for the proposed development, the owner shall provide a minimum contribution in the amount of $300,000 to be indexed in accordance with City practice, for on-site public art.

d.  The owner shall convey to the City an unencumbered strip of land with a width of 9.25 metres across the south property boundary for a future east-west road including a turning bulb.

e.  The owner shall convey to the City an easement, at no cost to the City and free and clear of all encumbrances, for a north-south 3 metre wide publicly-accessible pedestrian walkway along the east property boundary of the site for a pedestrian/cycling walkway to contribute to the Mud Creek Pathway.  The owner shall maintain, repair and insure the said walkway.

f.  The owner shall convey to the City an east-west pedestrian/cycling connection along the north property line to connect Tippett Road with the above-noted north-south Mud Creek Pathway.  The owner shall maintain, repair and insure the said walkway.

g.  The owner shall provide a minimum of 1,068 m2 of non-residential space.

4.  City Council jointly authorizing the City Solicitor and the Chief Planner and Executive Director, City Planning to support minor changes to the final built form of the development proposal.

5.  City Council authorizing the City Solicitor, in consultation with appropriate City staff, to prepare a Contribution Agreement to be entered into by the Owner and registered on title to secure a minimum of 25 on-site affordable ownership housing units prior to Site Plan Control approval.

6.  City Council authorizing the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, to finalize the elements of the settlement, including the official plan amendment, the zoning by-law amendment and any other related planning instruments and City Council authorizing the City Solicitor to request that the Ontario Municipal Board approve the development in accordance with Parts 1 to 5 above.

Appendices A and B to Confidential Attachment 1 to the supplementary report (June 29, 2015) from the City Solicitor, are now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the supplementary report (June 29, 2015) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation or potential litigation that affects the City or one of its agencies or corporations and contains advice or communications that are subject to solicitor-client privilege.