Item - 2015.TE11.4

The Toronto and East York Community Council recommends that:

1.  City Council amend Zoning By-law No. 438-86 for the lands at 629, 633, 675 Eastern Avenue, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 5 to the report (September 18, 2015) from the Director, Community Planning, Toronto and East York District, with the following amendments to Attachment No. 5:

a.  amending the third recital to read as follows, in order to provide further clarity on the importance of the studio employment intent use on site:

"Whereas the Council of the City of Toronto has determined to amend Zoning By-law No. 438-86, as amended, of the former City of Toronto as requested and to, inter alia, ensure the provision and maintenance of employment production and studio uses within the lands;"

b.  adding to part 6 under “Permitted Uses” the following:

"No building erected or used within the area marked “Studio” on Map 3 may contain any of the uses listed in Section 1(c) of Appendix 1, RETAIL AND SERVICES SHOPS, except where such uses are:

i.  located within a building with a maximum non-residential gross floor area of 275 square metres, excluding patios; or

ii.  such uses are ancillary to communication and broadcasting establishment, production studio or office uses such that the uses serve businesses and workers on the site."

c.  deleting Appendix 2 - Paragraph 1 and replacing it with the following:

"1.  Subject to Section 3 of this Appendix, the owner shall transfer a site of approximately 485 square metres, known municipally on the date of the passing of this By-law as 652 Eastern Avenue, to the City for nominal consideration, no later than six (6) months after the date upon which this By-law comes into full force and effect,  prior to the issuance of the first building permit for any new building constructed within the site, with the transfer of the land to be to the satisfaction of the City. In which event, the transfer of this land to the City shall constitute an off-site parkland dedication by the owner and shall represent the full parkland dedication requirement for the development of the site for the uses and density permitted by the zoning amendment."

d.  deleting Appendix 2 - Paragraph 2 and replacing it with the following:

"2.  The owner will be required to finalize the purchase of the off-site parkland and provide conveyance of the off-site parkland no later than six (6) months after the date upon which this By-law comes into full force and effect, prior to the issuance of the first building permit for any new building constructed within the site."

e.  deleting Appendix 2 - Paragraph 15 and replacing it with the following:

"15.  The owner shall pay for all costs for the installation of traffic control signals at the intersection of Caroline Avenue and Eastern Avenue and the intersection of 629 Eastern Avenue (the new Street A) and Lake Shore Boulevard East; and the owner shall pay all costs for the installation of traffic control signals at Pape Avenue and Eastern Avenue if recommended in the local traffic mitigation plan."

f.  deleting Appendix 2 - Paragraph 19.i. and replacing it with the following:

"19.i.  $400,000 for the design, development and construction of a new park, which will be secured as an off-site parkland dedication at 652 Eastern Avenue to be payable no later than six (6) months after the date upon which this By-law comes into full force and effect, prior to the issuance of the first building permit for any new building constructed within the site or other local area park improvements."

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 approve the installation of traffic control signals at the intersection of Caroline Avenue and Eastern Avenue, to the satisfaction of the General Manager, Transportation Services, at the applicant's expense.

4.  City Council approve the installation of traffic control signals at the intersection of the site driveway to 629, 633 and 675 Eastern Avenue (the extension of Caroline Avenue) and Lake Shore Boulevard East, to the satisfaction of the General Manager, Transportation Services, at the applicant's expense.

5.  City Council request the Director, Transportation Services, Toronto and East York District in co-operation with the Director of Community Planning, Toronto and East York District, to continue to work with the traffic working group for 629, 633 and 675 Eastern Avenue on addressing any traffic infiltration issues in the neighbourhood immediately north of the subject property and to bring forward any recommendations to Toronto and East York Community Council as required.

6.  City Council require that the owner shall agree that the required parkland dedication will be satisfied through an off-site parkland conveyance and subject to the conditions as set out in the Section 37 Agreement requirements and that there will be no additional credits given to the owner for any over dedication of parkland.

7. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:

a.  Subject to Section 3 of this Appendix, the owner shall transfer a site of approximately 485 square metres, known municipally on the date of the passing of this By-law as 652 Eastern Avenue, to the City for nominal consideration, no later than six (6) months after the date upon which this By-law comes into full force and effect, prior to the issuance of the first building permit for any new building constructed within the site, with the transfer of the land to be to the satisfaction of the City. In which event, the transfer of this land to the City shall constitute an off-site parkland dedication by the owner and shall represent the full parkland dedication requirement for the development of the site for the uses and density permitted by the zoning amendment.

b.  The owner will be required to finalize the purchase of the off-site parkland and provide conveyance of the off-site parkland no later than six (6) months after the date upon which this By-law comes into full force and effect, prior to the issuance of the first building permit for any new building constructed within the site.

c.  In the event that the owner does not successfully achieve an off-site parkland dedication, the owner will be required to otherwise satisfy the parkland dedication requirements to the satisfaction of the General Manager, Parks Forestry and Recreation.

d.  The land to be conveyed as parkland shall be free and clear, above and below grade, of all physical obstructions and easements, encumbrances and encroachments, including surface easements, unless otherwise approved by the General Manager, Parks, Forestry and Recreation.

e.  Prior to the conveyance of the parkland, the owner at their expense, will be responsible for base park construction and installation of the parkland.

f.  Prior to the conveyance of the parkland, the owner agrees to pay for the costs of the parkland dedication and the preparation and registration of all relevant documents. The owner shall provide, to the satisfaction of the City Solicitor, all legal descriptions and applicable reference plans for the parkland dedication.

g.  The owner will not be given any additional credits for any over dedication of parkland.

h.  The owner shall, when required by the City, build a roadway over the proposed main north-south thoroughfare through the site (between Lakeshore Boulevard East and Eastern Avenue) (the “Easement Road”) to the City’s applicable standards for public roads, the precise location and specifications of which are to be secured in conjunction with site plan approval for the first phase of the development.

i.  The owner shall, when required by the City, transfer a surface easement to the City and general public over the Easement Road for nominal consideration.

j. The terms of the transfer and the terms attaching to the easement shall be to the satisfaction of the City Solicitor in consultation with the Chief Planner and Executive Director of City Planning.

k.  The owner shall pay all applicable taxes and fees arising from the transfer of the easement to the City, including costs associated with the preparation and registration of all documents necessary for the registration of the easement.

l.  The Easement Road is to be open and accessible 24 hours a day, seven days a week for pedestrian, bicycle and motor vehicle access, subject to such closures as are acceptable to the Chief Planner and Executive Director of City Planning.

m.  The owner shall maintain the Easement Road, including the sidewalks, in accordance with the City’s applicable standards for public roads, and in particular, shall keep it reasonably free of all encumbrances to vehicular and pedestrian use, including keeping it free of snow, ice and rubbish.

n.  The owner shall acknowledge that the City Council has not fettered its discretion to seek a future conveyance of the Easement Road to the City either through expropriation or as a condition of development approval.

o.  The owner shall pay for all costs for the installation of traffic control signals at the intersection of Caroline Avenue and Eastern Avenue and the intersection of 629 Eastern Avenue (the new Street A) and Lake Shore Boulevard East; and the owner shall pay all costs for the installation of traffic control signals at Pape Avenue and Eastern Avenue if recommended in the local traffic mitigation plan.

p.  The owner shall comply with its obligations under the Certificate of Property Use registered on title to the site.

q.  The owner shall submit a Construction Staging Management Plan, to the satisfaction of the General Manager of Economic Development and Culture, to ensure that as the site develops consideration is given to the functioning of the existing film studio uses.

r.  The owner shall submit a Film Studio Security Plan to the satisfaction of the General Manager of Economic Development and Culture and the Director of Community Planning, Toronto and East York District, to ensure that appropriate consideration is given to matters of security for the existing studio on site.

s.  The owner of the site shall provide a cash contribution of $2.25 million, for the following local community improvement initiatives:

i.  $400,000 for the design, development and construction of a new park, which will be secured as an off-site parkland dedication at 652 Eastern Avenue to be payable no later than six (6) months after the date upon which this By-law comes into full force and effect, prior to the issuance of the first building permit for any new building constructed within the site, or other local area park improvements;

ii.  $350,000 for local area park improvements payable upon first building permit for any new building constructed within the site which would result in the total and combined non-residential gross floor area erected or used on the site to exceed 60,000 square metres;

iii.  $100,000 for Bruce School yard improvements or other local playground improvements payable upon first building permit for any new building constructed within the site which would result in the total and combined non-residential gross floor area erected or used on the site to exceed 50,000 square metres;

 
iv.  $100,000 for Morse School yard improvements or other local playground improvements payable upon first building permit for any new building constructed within the site which would result in the total and combined non-residential gross floor area erected or used on the site to exceed 50,000 square metres;

v.  $500,000 for public art, in accordance with the City of Toronto’s Percent for Public Art Program, to be located on or along the new north/south road between Eastern Avenue and Lake Shore Boulevard payable upon first building permit for any new building constructed within the site which would result in the total and combined non-residential gross floor area erected or used on the site to exceed 40,000 square metres;

vi.  $700,000 for off-site traffic safety and public realm improvements for Eastern Avenue and the surrounding local neighbourhood streets, or other public realm improvements as identified in the future South of Eastern Strategic Direction, of which $350,000 is payable at the time of first building permit for any new construction and the additional $350,000 payable upon first building permit for any new building constructed within the site which would result in the total and combined non-residential gross floor area erected or used on the site to exceed 40,000 square metres;

vii.  $50,000 for the Leslieville Historical Society heritage plaque project payable at the time of first building permit for any new construction; and

viii.  $50,000 for local tree planting payable at the time of first building permit for any new construction.
 

8.  City Council request that the Director of Urban Design, City Planning Division review all future site plan applications in consultation with the City of Toronto's Design Review Panel, to ensure the urban context of the site is respected and a high quality of urban design and architecture is achieved.

9.  City Council require the applicant to:

i.  create a construction liaison committee for the development at 629, 633 and 675 Eastern Avenue, in co-ordination with the Ward Councillor;

ii.  post a 24-hour monitored construction hotline number on the hoarding board, which must be prominently placed and legible from 20 metres and on all elevations from the construction site;

iii.  provide and install public art, including mural artwork, onto every elevation of the hoarding board with adequate spotlighting for night-time illumination, at their sole cost, to the satisfaction of the Ward Councillor.

10.  City Council request that the TTC review options to better service 629, 633 and 675 Eastern Avenue including the possibility of the extension of the 72 Pape Avenue bus route, the potential of creating an eastbound and westbound  stop for the 143 Downtown/Beach Express bus and/or any other possible service options.

11.  Prior to the lifting of the "H" By-law on the nine (9) storey hotel site and in the event that a hotel use is to be recommended, City Council direct the Director, Community Planning, Toronto and East York District to request the applicant to consider the entering into of a neutrality agreement for the employees of the hotel.

12.  City Council request the Executive Director, Engineering and Construction Services to report to the Toronto and East York Community Council on the street name for the new north south connection between Eastern Avenue and Lake Shore Boulevard - “Street A”, following a public naming process prior to the transfer of a surface easement to the City.

13.  City Council request the Director, Transportation Services, Toronto and East York District, in co-operation with the Director of Community Planning, Toronto and East York District to continue to work with the Traffic Working Group for 629, 633, and 675 Eastern Avenue to develop a Traffic Management Mitigation Plan (TMMP), and in doing so include the following:

a.  Include the Public Realm Office as part of the staff team in the development of the TMMP with the Traffic Working Group, and invite Toronto District School Board development staff, with a view to paying particular attention to student safety at Bruce Public School.

b.  Establish the geographic boundaries to be covered by the TMMP as the streets directly to the north of the applicant’s site - Pape, Winnifred, Caroline, Larchmount, Berkshire and Rushbrooke, as well as the Queen and Jones intersection.

c.  Require the TMMP take into account traffic improvements for the South of Eastern employment area between Rushbrooke and Leslie including heightened safety measures for pedestrians and cyclists.

d.  Review operations on Leslie Street and determine traffic patterns for vehicular traffic, including trucks, within six months of the new streetcars operating on Leslie going to the Leslie Barns.

e.  Relocate the Larchmount Traffic signal to Rushbrooke, to be paid for by the City of Toronto, if recommended in the local TMMP.

f.  Bike lane connection options for both Pape and Rushbrooke, to create better cycling connections to the Martin Goodman Trail and to increase the safety of the Eastern Bike Lane.

g.  Incorporate in the 5-year capital funding appropriate additional funds required to complete the recommendations in the TMMP.

h.  Work with Toronto Public Health and Parks, Forestry and Recreation to establish a community-based tree planting project for the rights of way and public realm improvements in the surrounding streets and neighbourhood as part of the TMMP.

i.  Report to the Toronto and East York Community Council as required on the status of the TMMP, on timing related to phases of construction, including quick starts, and medium and long-term projects.

The Toronto and East York Community Council requested the Director, Community Planning, Toronto and East York District, to report directly to City Council on November 3 and 4, 2015, if there are any further revisions to the draft Zoning By-law attached as Attachment No. 5 to the report (September 18, 2015) from the Director, Community Planning, Toronto and East York District, required to implement the employment intent of the draft by-law.

The Toronto and East York Community Council held a statutory public meeting on October 6, 2015, and notice was given in accordance with the Planning Act.