Item - 2016.TE20.7

City Council on January 31, 2017, adopted the following: 

1.  City Council amend Zoning By-law 438-86 and Comprehensive Zoning By-law 569-2013 for the property at 440, 444, 450 and 462 Front Street West; 425, 439, 441 and 443 Wellington Street West; 6-18 Spadina Avenue and 19 Draper Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachments 1 and 2 to the supplementary report (January 31, 2017) from the Chief Planner and Executive Director, City Planning.

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 determine that the revisions made to the proposed zoning by-law are minor in nature and, pursuant to subsection 34(17) of the Planning Act, no further public notice is required in respect of the proposed zoning by-law.

4.  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 to secure the following: 

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

i.  the construction, finishing, furnishing and equipping of a non-profit licensed child care facility within Building 4 (which may be relocated within the lands or lot for the remainder of the lease, subject to the approval of the Chief Planner and Executive Director, City Planning and the General Manager, Children's Services) to accommodate 57 children, including infants, toddlers and preschoolers, comprising of 613 square metres of interior space and a minimum of 192 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 safe access to and from the underground garage;

ii.  the entering into a lease agreement with the City for 99 years; and such facility shall be free of all rent, the cost of all utilities and municipal services supplied to the facility, caretaking costs (of the building common areas), repair and maintenance costs (excluding wear and tear), property damage, and local improvement charges;

iii.  a letter of credit in the amount of $4,000,000.00 will be provided to the City prior to the issuance of the first above grade building permit for non-residential uses in Building 4 to secure the child care facility pursuant to Part 4.a.i. above, with such child care facility to be made available to the City within 12 months of residential occupancy of Building 4;

iv.  a one-time cash contribution in the amount of $150,000.00 to the Child Care Facility Replacement Reserve Fund to replace appliances and large equipment due to wear and tear, to be paid prior to the child care facility being made available to the City;

v.  a one-time cash contribution in the amount of $150,000.00 towards Start-Up Operating Costs for the defrayment of operational deficits during the first year of operation, to be paid prior to the child care facility being made available to the City;

vi.  one parking space will be provided free-of-charge for the use of the supervisor of the child care facility.  A parking pass will be provided for officials conducting inspections of the child care facility.  An appropriate pick-up/drop-off facility will be identified through the site plan approval;

vii.  streetscape improvements on Wellington Street West, up to a maximum cost of $4,500.000, substantially in accordance with the concept drawings prepared by Claude Cormier + Associates Inc., dated November 23, 2016, with the details to be determined to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor in connection with the master site plan in accordance with the following:

a.  a letter of credit in the amount of $2,800,000.00 shall be provided to the City prior to the first above-grade building permit for the non-residential uses in Buildings 1, 2 and 3 to secure above base streetscape improvements on Wellington Street West adjacent the site with such improvements to be completed within 12 months of residential occupancy of the last of Buildings 1, 2 and 3;

b.  a letter of credit in the amount of $1,700,000.00 shall be provided to the City prior to the first above-grade building permit for the non-residential uses in Buildings 1, 2 and 3 to secure streetscape improvements on Wellington Street West east of the subject site to Spadina Avenue (the "East Improvements") and west of the subject site to Draper Street (the "West Improvements") collectively the "Improvements" subject to the following:

i.  the owner shall construct the Improvement as follows:

a.  the West Improvements shall be completed within one year of the last residential occupancy of Buildings 1, 2 and 3; and

b.  the East Improvements shall be completed the later of one year from June 30, 2023 and within one year of the last residential occupancy of Buildings 1, 2 and 3;

ii.  notwithstanding Part 4.a.vii.b.i. above, if the City has not provided the lands required to allow the construction of the East Improvements free and clear of encumbrances, existing uses and structures prior to the later of June 30, 2023 and the last residential occupancy of Buildings 1, 2 or 3, the owner at its sole discretion may elect to make a cash payment to the City in the amount of $1,100,000.00 to be used for streetscape improvements in proximity to the site; and

iii. notwithstanding Part 4.a.vii.b.i. above, if the City has not provided the lands required to allow for the construction of the West Improvements free and clear of encumbrances, existing uses and structures prior to the later of June 30, 2023 and the last residential occupancy of Buildings 1, 2 or 3, the owner at its sole discretion may elect to make a cash payment to the City in the amount of $600,000.00 to be used for streetscape improvements on in proximity to the site;

viii.  a cash contribution of $1,000,000.00 toward construction of the YMCA facility to be constructed at 505 Richmond Street West;
 

ix.  the owner shall provide a contribution of $900,000.00 to commission public art in a process in accordance with the City Planning's Public Art Program.  A letter of credit in the amount of $900,000.00 will be provided prior to the first above-grade building permit.  Public art provided through this process will be provided on site within 12 months of the last residential occupancy;

x.  a letter of credit in the amount of $220,000.00 shall be provided to the City prior to the above-grade building permit for the last of Buildings 1, 2 and 3 to secure street lighting associated with the streetscape improvements on Wellington Street West, to the satisfaction of the Chief Planner and Executive Director, City Planning and the Ward Councillor, with such street lighting to be completed in accordance with the streetscape improvements and timing set out in Part 4.a.vii. above, subject to obtaining Toronto Hydro approval;

xi.  a cash contribution of $1,130,000.00 for streetscape improvements on Draper Street, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

xii.  a cash contribution of $75,000.00 for a new crosswalk on Wellington Street West, to the satisfaction of the General Manager, Transportation Services;

xiii.  a cash contribution of $500,000.00 for the provision of new affordable rental housing in Ward 20, to be directed to the Capital Revolving Fund for Affordable Housing;

xiv.  a cash contribution of $500,000.00 toward the Toronto Community Housing  revolving capital fund for repairs to Toronto Community Housing Corporation housing in Ward 20;

xv.  the owner shall convey to the City two public pedestrian easements securing access to two publicly accessible private open spaces (POPS) having a total minimum area of 600 square metres, with each having a minimum area of 200 square metres, to the satisfaction of the Chief Planner and Executive Director, City Planning , generally as shown on the Zoning schedules as Attachment 1 and 2 to the supplementary report (January 31, 2017) from the Chief Planner and Executive Director, City Planning.  The exact location and design and timing of delivery of the POPS to be determined in the context of the master site plan approval.  The easement will acknowledge the use of the space as part of a large pedestrian area which will be animated with a variety of activities throughout the year, but which will remain open and accessible to the public and temporary commercial activities, buildings and structures shall be permitted;

xvi.  in the event the cash contributions referred to in Parts 4.viii., xi. and xii. above has not been used for the intended purpose within seven (7) years of this 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 local Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands;

 
xvii.  the $3,505,000.00 cash contribution referred to in Parts 4.iv., v., viii., xi., xii., xiii. and xiv. above are to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, calculated from the date of the introduction of Bills to the date of payment.  All cash contributions, except for those noted in Parts 4. iv. and v. above will be payable prior to the first above grade building permit; and

xviii.  the $9,620,000 provided in letters of credit referred to in Parts 4.iii., vii.a., vii.b., ix. and x. above are to be reviewed every three years and the owner will provide supplementary letters of credit to the City for any difference between the face value of the letter of credit and the current value as determined by the Statistics Canada Non-Residential Construction Price Index for Toronto; and

b.  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 the issuance of master Site Plan approval, the owner shall have addressed the requirements for the removal of private trees on the site and adjacent the property as required by the City of Toronto Private Tree By-law as outlined in the memorandum from Urban Forestry Services staff dated April 1, 2015;

ii.  detailed landscape and lighting plans will be submitted and approved through the master Site Plan approval process to realize the objective of creating a 'green link' on Wellington Street West to connect Clarence Square with Victoria Memorial Square.  These plans will be subject to the approval of the Chief Planner and Executive Director, City Planning and the General Manger, Transportation Services;

iii.  obligations related to the maintenance of the streetscape improvements will be to be to the satisfaction of the Manager, Right-of Way Management, Transportation Services;

iv.  implementation of the recommendations in the noise and vibration study and certification by the owner's noise and vibration consultant confirming that the subject proposed building as shown on the final site plan drawings for each of the proposed buildings are designed and built in accordance with the recommendations of the study;

v.  wind tunnel testing as recommended in the Pedestrian Level Wind Conditions – Letter of Opinion prepared by RWDI will be completed and recommended mitigation measures be secured as a condition of final site plan approval;

vi.  a construction management plan will to be submitted prior to master site plan approval to the satisfaction of the Local Councillor, in consultation with the local community;

vii.  prior to the issuance of the first above-grade building permit the owner shall enter into and register a 118 Restriction under the Land Titles Act (to the satisfaction of the City Solicitor) agreeing not to transfer or charge the lands municipally known as 19 Draper Street and 456 Wellington Street West (collectively the "Public Parks") until such lands are conveyed to the City to the satisfaction of the General Manager, Parks, Forestry and Recreation which conveyance represent a portion of the owner's Section 42 on-site and off-site parkland dedication requirement respectively, with the remainder being provided in the form of payment referenced in Part 4.b.x below;

viii.  the lands municipally known as 19 Draper Street are to be conveyed as an on-on-site parkland dedication within 30 months of the issuance of the first non-residential above-grade permit for the later of Building 3 or 4;

ix.  the lands municipally known as 456 Wellington Street West are to be secured through an Escrow Agreement prior to the execution of the Section 37 Agreement and released to the City as an off-site parkland dedication no later than September 22, 2022, or to the satisfaction of the General Manager, Parks, Forestry and Recreation;

x.  any remaining parkland dedication requirement not fulfilled through the required on-site and off-site land conveyances as set out under Part 4.b.vii and ix above shall be satisfied through a cash-in-lieu of parkland payment, of two million dollars ($2,000,000.00) where the owner shall provide a letter of credit to secure such payment prior to the first above-grade building permit for the later of Building 3 or 4 and the parties acknowledge that these funds will be directed towards the Above Base Park Improvements of the park at 456 Wellington Street West to the satisfaction of the General Manager, Parks, Forestry and Recreation, with the remainder of any required funding for the Above Base Park Improvements to the Draper Park if the development charge credits available are insufficient for such improvements or if such remaining funds are not required to complete such above Base Improvements to Draper Park such funds may be allocated to other parks in the vicinity as otherwise determined by the General Manager, Parks, Forestry and Recreation.  The letter of credit shall increase annually by the amount of the Construction Price Statistics for the previous year.  This satisfies the parkland dedication for the development before City Council;

xi.  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 for the Draper Park that are not part of the contributions and credits identified in Part 4.b.x above, 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 eligible component of the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and set out in a further agreement with the City including financial securities, 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;

xii.  the owner shall provide dwelling units having at least three bedrooms distributed throughout the site as follows:

a.  a minimum ten percent (10%) of the total number of dwelling units within Buildings 1, 2 and 6 shall have at least three bedrooms; and

b.  a minimum ten percent (10%) of the total number of dwelling units within Buildings 3, 4 and 5 shall have at least three bedrooms;

xiii.  the owner shall obtain above-grade building permit(s) for at least 65,000 square metres of non-residential gross floor area for office and ancillary non-residential purposes and have commenced construction, prior to the issuance of an Above-Grade Building Permit for the residential portion of Building 6;

xiv.  up to three below-grade knock-out panels shall be provided within the development adjacent to Front Street West and/or Spadina Avenue, to facilitate connections to a potential transit station, in a location to be determined in the context of site plan approval to the satisfaction of the Chief Planner and Executive Director, City Planning;

xv.  the owner shall construct the following watermain upgrades to service the development prior to the issuance of the first above-grade building permit for any building fronting Wellington Street West (Buildings 1, 2 and 3): 

a.  a new 300mm watermain within the Wellington Street West right-of-way, between Spadina Avenue and Draper Street;

In the event the following watermain upgrades are not completed by the City in a timeframe which allows the owners to obtain building permits for Buildings 1, 2 and 3, the owner may complete this work on behalf of the City to the satisfaction of the Executive Director, Engineering & Construction Services and in compliance with the City's standards for watermain design and construction;

b.  a new 300mm watermain on the west side of Spadina Avenue, between Wellington Street West and Clarence Square; and

c.  a new 300mm watermain crossing Spadina Avenue to connect to the 300mm watermain on the east side of Spadina Avenue at Clarence Square;

If the owner enters into a further agreement to construct the watermain upgrades noted in Parts 4.b.xv.b. and 4.b.xv.c above to the satisfaction of the Executive Director, Engineering and Construction Services, City Council hereby authorizes the granting of a development charges credit to the owner, which shall be in an amount that is the lesser of:

i.  eighty four percent (84%) of the cost to the owner of constructing the watermain, as approved by the Executive Director, Engineering and Construction Services;

ii. eighty four percent (84%) of the cost of construction of the watermain based on the City's sewer and watermain design criteria and unit costs at the time of construction; and

iii.  the water component of the development charges payable for the project;

City Council authorizes Toronto Water to pay for the remaining 16 percent of the cost to the owner from the approved 2017 Capital Budget and 2018-2026 Capital Plan, which shall be in an amount that is the lesser of:

iv.  the cost to the owner of constructing the watermain, as approved by the Executive Director, Engineering and Construction; and

v.  the cost of construction of the watermain based on the City's sewer and watermain design criteria and unit costs at the time of construction;

xvi.  the owner shall complete the following works as identified in the Transportation Considerations Report and Supplementary Study updated (June 25, 2015) prepared by BA Group, subject to the approval of the General Manager, Transportation Services.  The details and timing of the following works will be secured as part of master site plan approval:

a.  changes to the lane configuration at the Spadina Avenue and Front Street West intersection;

b.  a new traffic control signal at the main site access driveway on Front Street West;

c.  a new pedestrian mid-block traffic control signal on Wellington Street West (if warranted) as outlined in Part 4.a.xii. above;

d.  a series of parking lay-by areas on Wellington Street and Front Street West which are intended for use as parking and pick-up and drop-off purposes, subject to Site Plan approval; and

e.  shared vehicular/bike lanes along Wellington Street, between Portland Street and Spadina Avenue;

Prior to site plan approval, the owner shall post such financial security as may be required by the General Manager, Transportation Services, for the above noted works.

Prior to site plan approval, the owner shall be responsible for making a one-time payment to the City for the future maintenance costs of the traffic control signals.

xvii.  the owner agrees that the following Union Station Rail Corridor-specific warning clause will be included in offers to purchases and agreements of purchase and sale or lease for all residential units within 300 metres of the rail corridor:

Warning:  Metrolinx owns and, through Metrolinx’s GO Transit Division, operates the Union Station Railway Corridor (“USRC”), the busiest rail corridor in Canada, adjacent to or within close proximity to the subject lands.  The USRC is operated on a continuous basis, 24 hours a day every day of the year.  Said operations include:  the operation and idling of diesel locomotives that generate diesel fumes and odours; artificial lighting of the USRC which may illuminate the sky; the loading, unloading and switching of passenger rail cars; and the operation of various processes for the maintenance of rail equipment.  Noise and vibration originating from a number of different sources, including normal train movements (including bells and whistles), train idling, rail corridor construction, and snow removal (including switch blowers) activities will emanate from the USRC.  This warning may be relied upon by Metrolix and its successors and assigns and any specific successors or assigns of Metrolinx’s interests referred to in this warning clause; and

xii.  at the time of the submission of the first phase of site plan approval, submit updated Urban Design Guidelines to the satisfaction of the Chief Planner and Executive Director, City Planning.  The Design Guidelines will be brought forward for the approval of City Council subsequent to the approval of the zoning by-law for the site.

City Council on December 13, 14 and 15, 2016, deferred consideration of Item TE20.7 until the January 31, February 1 and 2, 2017 meeting of City Council.