Item - 2016.TE18.8

The Toronto and East York Community Council recommends that:

1.  City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff to attend the Ontario Municipal Board hearing in support of a Zoning By-law Amendment based on the applicant's revised plans dated August 10, 2016 and described in the report (August 24, 2016) from the Director, Community Planning, Toronto and East York District, subject to any final revisions to the satisfaction of  the Chief Planner and Executive Director, City Planning and subject to the following:

a.  The provision by the owner, pursuant to Section 37 of the Planning Act the following community benefits to be included in the Zoning By-law amendment and such community benefits to be secured in an agreement pursuant to Section 37 of the Planning Act in a form satisfactory to the City Solicitor and such agreement shall be registered prior to a final order on the appeals by the Ontario Municipal Board;

i.  a cash contribution of $7,000,000.00 to be provided to the City to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor for the following capital improvements;

A.  $2,800,000.00 towards the multi-purpose community space within the shared community facility (Community Centre, Elementary Schools and Childcare Centre) proposed  at 20 Brunel Court (Block 31 Railway Lands) to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Parks, Forestry and Recreation in consultation with the Ward Councillor;

B.  $2,000,000.00 towards  the YMCA Centre at 505 Richmond Street West to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Parks, Forestry and Recreation in consultation with the Ward Councillor;

C.  $700,000.00 for the provision of new affordable housing in Ward 20;

D.  $700,000.00 for capital repairs to existing Toronto Community Housing buildings in Ward 20; and

E.   $800,000.00 toward parkland improvements;  in the Southern Linear Park including a Southern Linear Park bridge over Spadina Avenue;  in Canoe Landing Park; and/or for the Bentway (Project Under Gardiner) to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Parks, Forestry and Recreation in consultation with the Ward Councillor.

ii.    The required cash contributions pursuant to Recommendation 1.a.i. A, B, C, D and E above shall be provided to the City as follows:

A.  $2,800,000.00 immediately upon the  Zoning By-law coming into full force and effect;

B.  $1,400,000.00 prior to the issuance of an above-grade building permit on the lot; and

C.  $2,800,000.00 prior to any condominium registration.

iii.  The required cash contributions pursuant to Recommendation 1.a.i. A, B, C, D and E above are to 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 day the payment is made; and,

iv.  In the event the cash contribution in Recommendation 1.a.i.B above has not been used for the intended purpose within five (5) 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 Official Plan and will benefit the community in the vicinity of the lands.

b.    The following matters are recommended to be secured in the Section 37 Agreement as a legal convenience to support development, at the owner's expense, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

i.      The Owner shall convey and register for nominal consideration, a non-exclusive easement in perpetuity in favour of the City, for an area having a minimum size of approximately 100 square metres for use by the general public as publicly accessible, privately-owned open space (POPS) at the south east corner of the site, the extent of such area to be identified in the zoning by-law to the satisfaction of the Chief Planner and Executive Director, City Planning.  The specific configuration and design of the POPS to be determined to the satisfaction of the Chief Planner and Executive Director City Planning in consultation with the Ward Councillor and local community, as part of site plan approval, and to come into effect on the first residential or non-residential occupancy.  The maintenance of this POPS is to be the responsibility of the owner.

ii.    Prior to the 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, 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 limited to, details regarding size and location of construction staging areas, dates and significant concrete pouring activities, measures to ensure safety lighting does not negatively impact adjacent residences, construction vehicle parking locations, refuse storage, site security, site supervisor contact information, and any other matters deemed necessary; and,

iii.  Prior to site plan approval, the owner shall provide a Loading Management Plan to the satisfaction of the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor and the local community. The Loading Management Plan will include, but not limited to, hours of operation of the loading docks and frequency of use by type(s) of loading vehicles and will set out arrangements which will be put in place for the accommodation of smaller delivery vehicles within the parking garage that do not require a loading dock.

2.  City Council authorize the City Solicitor to request that the OMB withhold its final order on the Zoning By-law amendment pending:

a. Receipt of confirmation from the City Solicitor that the final form of the Zoning By-law amendment is to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. Receipt of confirmation from the City Solicitor of the satisfactory execution and registration of the Section 37 Agreement required in Recommendations 1.a. and 1.b above.

c. Receipt of confirmation from the City Solicitor of the resolution of outstanding items related to servicing outlined in the memo from City of Toronto, Development Engineering dated June 22, 2016 to the satisfaction of the Executive Director, Engineering and Construction Services.

The application proposes a mixed-use development including retail, office and residential uses at 23 Spadina Avenue. The site occupies the entire block bounded by Spadina Avenue to the west, Navy Wharf Court to the east, Blue Jays Way to the north and Bremner Boulevard to the south. It is one of the few remaining sites to be developed in the Railway Lands and the last site to be developed in the CityPlace neighbourhood of the Railway Lands West and Central areas, where the applicant has developed a number of residential and mixed use developments over the past 15 years.

The proposed development includes a base building of 10 storeys with two towers above. Tower A is proposed to be 59 storeys high (202.18 metres including mechanicals). Tower B is proposed to be 69 storeys high (231.2 metres including mechanicals). The total gross floor area of the proposed development is approximately 120,468 square metres.

The applicant appealed the Zoning By-law amendment application and an associated Site Plan application to the Ontario Municipal Board (OMB) due to Council's failure to make a decision within the prescribed period under the Planning Act. Two prehearings have been held by the OMB, the first on February 18, 2016, and the second July 27, 2016. A further prehearing is scheduled for September 1, 2016 and the full hearing is scheduled for October 31 to November 10, 2016.

A revised proposal for the zoning by-law amendment was submitted in April 2016 and was reviewed by City staff and agencies. Staff continued discussions with the applicant following the April submission on a number of issues. In August 2016 the applicant submitted a letter outlining its agreement to further amendments to the proposal to address remaining issues. The letter is included as Attachment 14 to this report. Main revisions include: a reduced building height, density and unit count; increased building setbacks along street frontages creating additional space for pedestrians and public realm enhancements including a Privately Owned, Publicly Accessible Open Space (POPS); design changes to the building to introduce more articulated elements and tower stepbacks; an increased separation distance between towers; an increased number of larger 2 and 3-bedroom dwelling units suitable for families, and new indoor and outdoor amenity spaces designed for children.

The development proposes a mix of uses that will add to the diversity, vitality and interest of the Railway Lands consistent with the objectives of the Railway Lands Central Secondary Plan. The planning framework for the Railway Lands has long identified this site as a significant site appropriate for a landmark building with complementary streetscape enhancements. Increased setbacks and stepbacks for base building and tower elements and the distinctive architectural design that incorporates public art, along with proposed public realm enhancements including a POPS on-site, reinforce the built form and public realm objectives of the Railway Lands Central Secondary Plan. A range of dwelling unit types and sizes are proposed including many larger apartments. Indoor and outdoor amenity areas specifically designed for children are also proposed. These changes are positive elements of the proposal providing housing and facilities appropriate for families with children.

Staff are recommending that Council authorize the City Solicitor, City Planning staff and other appropriate City staff to attend the OMB hearing to support the revised development proposal subject to the conditions outlined in this report.