Item - 2017.PG19.4

That City Council adopt the following recommendations contained in the report (March 8, 2017) from the Chief Planner and Executive Director, City Planning:

1. City Council amend Zoning By-law No. 24982 (Milliken Employment District), as amended, for the lands at 4665 Steeles Avenue East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 11, to the report dated March 8, 2017, subject to OPA 321 coming into effect and a Holding Symbol (H) on the lands that requires the extension of Redlea Avenue and the dedication of a new east-west public road prior to its removal.

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 shall require:

a. The Owner to enter into an agreement pursuant to Section 37 of the Planning Act to the satisfaction of the Chief Planner and Executive Director, City Planning Division, and the City Solicitor, such agreement to be registered on title to the lands to secure the following benefit:

i.  A cash contribution of $3,500,000 to be paid as follows: $1,000,000 payable to the City of Toronto, prior to the issuance of a building permit for Phase 1; $1,250,000 prior to the issuance of a building permit for Phase 2 and $1,250,000 prior to the issuance of a building permit for Phase 3. These funds are to be used as follows: $500,000 towards a public art installation in Phase 1; $500,000 towards a skateboard park at Fundy Bay Park in Phase 1; $1,250,000 towards the expansion of the L’Amoreaux Community Centre in Phase 2 and; $1,250,000 towards the expansion of L’Amoreaux Community Centre in Phase 3. These payments are to be provided in accordance with the terms of the agreement, or towards other eligible local community benefits as may be determined by the Chief Planner and Executive Director, City Planning Division, in consultation with the Ward Councillor. The payment shall be indexed from the date of the execution of the agreement in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto.

ii.  The provision and permanent use of 464 sq. m. (5,000 sq. ft.) of on-site, at-grade community space to the City in the proposed development based on the term sheet attached as Attachment No. 12;

iii. A cash contribution of $60,000 for the provision of speed humps in the Heathwood Community;

iv.  The provision of an on-site public art installation in accordance with the City’s Percent for Public Art Program at a minimum value of $500,000 at a location and scale to be determined by the Chief Planner and Executive Director, City Planning Division, in consultation with the Ward Councillor.

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

i.  The design and construction of an extension of Redlea Avenue to Passmore Avenue;

ii. The design, construction and provision of all or a portion of a new east-west public road to the satisfaction of the Chief Planner and Executive Director, City Planning Division and Executive Director of Engineering and Construction Services;

iii. The provision of a Project Phasing Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning Division;

iv.  The provision of a minimum of 15% of the total leasable/purchasable non-residential gross floor area proposed will be for office uses and in no case will be less than 3 000 sq. m. in size and will be provided within Phase 1 of the development;

v.  Confirmation that residents living in all buildings (Towers A, B and C) will have mutual access to the communal indoor and outdoor amenity areas to all buildings within this development (Towers A, B and C);

vi.  A Construction Agreement providing for a minimum of 10% (80 total units) of the total number of dwelling units in each Phase shall be either affordable rental housing or affordable ownership housing of which the method, timing and delivery shall be addressed through the Affordable Housing Strategy to the satisfaction of the Director, Affordable Housing Office and the Chief Planner and Executive Director, City Planning Division;

vii.  The Owner entering into a financially secured Agreement for the construction of all improvements to the municipal infrastructure to the satisfaction of the Executive Director of Technical Services to include the following:

a. The extension of Redlea Avenue to Passmore Avenue to the satisfaction of the Executive Director of Engineering and Construction Services;

b. Intersection improvements required at the Redlea Avenue and Steeles Avenue East intersection to accommodate two left-turn lanes, one through lane and one shared through/right-turn lane on the northbound approach, to the satisfaction of the Executive Director of Engineering and Construction Services;

c. Payment for the above municipal infrastructure improvements and make necessary arrangements with Engineering and Construction Services to carry out the work;

d. The Owner must provide a Letter of Credit in the amount of $400,000 for the proposed traffic control signals at the intersection of Redlea Avenue at Passmore Avenue and Redlea Avenue at the GO Northerly Site Driveway;

e. The Owner is responsible for any and all costs associated with pavement marking modifications to convert the existing eastbound right turn lane at the intersection of Kennedy Road and Steeles Avenue East to a shared through/right-turn lane;

f. The Owner is responsible for any and all costs associated with signal timing/plant modifications required at any and all intersections analysed in the noted Transportation Impact Study;

g. Submit to the Executive Director of Engineering and Construction Services for review and acceptance, a Site Servicing Review to determine the storm water runoff, sanitary flow and water supply demand resulting from this development and demonstrate how this site can be serviced and whether the existing municipal infrastructure is adequate;

h. Enter into a financially secured Development Agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the Site Servicing Review accepted by the Executive Director of Engineering and Construction Services;

i. Dedication of all required lands, public easements, future Steeles Avenue road widening and grade separation purposes, including maintenance and construction easements as required to implement the Steeles Avenue Environmental Assessment to the satisfaction of the Executive Director of Technical Services and the City Solicitor as follows;

i. Full acquisition of 253.6 sq. m varying in width from 4.6 metres to 4.7 metres along the Steeles Avenue frontage;

ii.  A permanent subsurface easement totalling 240.5 sq. m consisting of 4.0 metres from the south side of the proposed retaining wall along Steeles Avenue East;

j. The Owner shall provide and maintain to the satisfaction of the Chief Planner and Executive Director, City Planning, an accessible public pedestrian walkway (Privately-Owned Publicly-Accessible Walkway (POPS)) extending from Steeles Avenue East to the GO/Metrolinx station immediately to the south which shall have a minimum width of 12.0 metres and a minimum height of 6.0 metres, and shall provide a direct at-grade connection between Steeles Avenue East and the new public street that will be extending east from Redlea Avenue. The specific location, configuration and design to be determined during Site Plan Control Approval and secured in a Site Plan Agreement with the City;

k. The Owner shall provide and maintain to the satisfaction of the Chief Planner and Executive Director, City Planning, a privately owned publicly accessible (POPS) courtyard area located between Tower A and Tower B providing direct at-grade connections between the new pedestrian walkway. The specific location, configuration and design to be determined during Site Plan Control Approval and secured in a Site Plan Agreement with the City;

l. Prior to the registration of the first condominium building (Tower B) on the lands, the Owner shall have completed construction of the publicly accessible walkway and courtyard and shall convey public access easements to the City for nominal consideration, at no cost to the city and free and clear of encumbrances to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, including rights of support as applicable, on such terms and conditions as set out in the Section 37 Agreement, including provision for deposit of reference plans, environmental obligations as well as insurance and indemnification associated with public access easements.

m. Compliance with the submitted Air Quality and Odour Compatibility Study dated June 28, 2016 by Novus Environmental to the satisfaction of the City;

n. Compliance with the Environmental Noise & Vibration Feasibility Study, dated June 29, 2016 submitted by Novus Environmental, to the satisfaction of the City.

4. Council confirm the classification of the subject lands to Class 4 per NPC-300.

That in accordance with the provisions of Chapter 27, Council Procedures, City Council reconsider Item PG19.4.

That City Council adopt the recommendations contained in the report (March 8, 2017) from the Chief Planner and Executive Director, City Planning, as amended by the recommendations contained in the supplementary report (April 24, 2017) from the Chief Planner and Executive Director, City Planning so that the recommendations now read as follows:

1. City Council amend Zoning By-law No. 24982 (Milliken Employment District), as amended, for the lands at 4665 Steeles Avenue East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 1, to the supplementary report (April 24, 2017) from the Chief Planner and Executive Director, City Planning, subject to OPA 321 coming into effect and a Holding Symbol (H) on the lands that requires the extension of Redlea Avenue and the dedication of a new east-west public road prior to its removal.

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 shall require:

a. The Owner to enter into an agreement pursuant to Section 37 of the Planning Act to the satisfaction of the Chief Planner and Executive Director, City Planning Division, and the City Solicitor, such agreement to be registered on title to the lands to secure the following benefit:

i.  A cash contribution of $3,500,000 to be paid as follows: $1,000,000 payable to the City of Toronto, prior to the issuance of a building permit for Phase 1; $1,250,000 prior to the issuance of a building permit for Phase 2 and $1,250,000 prior to the issuance of a building permit for Phase 3. These funds are to be used as follows: $500,000 towards a public art installation in Phase 1; $500,000 towards a skateboard park at Fundy Bay Park in Phase 1; $1,250,000 towards the expansion of the L’Amoreaux Community Centre in Phase 2 and; $1,250,000 towards the expansion of L’Amoreaux Community Centre in Phase 3. These payments are to be provided in accordance with the terms of the agreement, or towards other eligible local community benefits as may be determined by the Chief Planner and Executive Director, City Planning Division, in consultation with the Ward Councillor. The payment shall be indexed from the date of the execution of the agreement in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto.

ii.  The provision and permanent use of 464 sq. m. (5,000 sq. ft.) of on-site, at-grade community space to the City in the proposed development based on the term sheet attached as Attachment No. 12;

iii. A cash contribution of $60,000 for the provision of speed humps in the Heathwood Community;

iv.  The provision of an on-site public art installation in accordance with the City’s Percent for Public Art Program at a minimum value of $500,000 at a location and scale to be determined by the Chief Planner and Executive Director, City Planning Division, in consultation with the Ward Councillor.

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

i.  The design and construction of an extension of Redlea Avenue to Passmore Avenue;

ii. The design, construction and provision of all or a portion of a new east-west public road to the satisfaction of the Chief Planner and Executive Director, City Planning Division and Executive Director of Engineering and Construction Services;

iii. The provision of a Project Phasing Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning Division;

iv.  The provision of a minimum of 15% of the total leasable/purchasable non-residential gross floor area proposed will be for office uses and in no case will be less than 3 000 sq. m. in size and will be provided within Phase 1 of the development;

v.  Confirmation that residents living in all buildings (Towers A, B and C) will have mutual access to the communal indoor and outdoor amenity areas to all buildings within this development (Towers A, B and C);

vi.  A Construction Agreement providing for a minimum of 10% (80 total units) of the total number of dwelling units in each Phase shall be either affordable rental housing or affordable ownership housing of which the method, timing and delivery shall be addressed through the Affordable Housing Strategy to the satisfaction of the Director, Affordable Housing Office and the Chief Planner and Executive Director, City Planning Division;

vii.  The Owner entering into a financially secured Agreement for the construction of all improvements to the municipal infrastructure to the satisfaction of the Executive Director of Technical Services to include the following:

a. The extension of Redlea Avenue to Passmore Avenue to the satisfaction of the Executive Director of Engineering and Construction Services;

b. Intersection improvements required at the Redlea Avenue and Steeles Avenue East intersection to accommodate two left-turn lanes, one through lane and one shared through/right-turn lane on the northbound approach, to the satisfaction of the Executive Director of Engineering and Construction Services;

c. Payment for the above municipal infrastructure improvements and make necessary arrangements with Engineering and Construction Services to carry out the work;

d. The Owner must provide a Letter of Credit in the amount of $400,000 for the proposed traffic control signals at the intersection of Redlea Avenue at Passmore Avenue and Redlea Avenue at the GO Northerly Site Driveway;

e. The Owner is responsible for any and all costs associated with pavement marking modifications to convert the existing eastbound right turn lane at the intersection of Kennedy Road and Steeles Avenue East to a shared through/right-turn lane;

f. The Owner is responsible for any and all costs associated with signal timing/plant modifications required at any and all intersections analysed in the noted Transportation Impact Study;

g. Submit to the Executive Director of Engineering and Construction Services for review and acceptance, a Site Servicing Review to determine the storm water runoff, sanitary flow and water supply demand resulting from this development and demonstrate how this site can be serviced and whether the existing municipal infrastructure is adequate;

h. Enter into a financially secured Development Agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the Site Servicing Review accepted by the Executive Director of Engineering and Construction Services;

i. Dedication of all required lands, public easements, future Steeles Avenue road widening and grade separation purposes, including maintenance and construction easements as required to implement the Steeles Avenue Environmental Assessment to the satisfaction of the Executive Director of Technical Services and the City Solicitor as follows;

i. Full acquisition of 253.6 sq. m varying in width from 4.6 metres to 4.7 metres along the Steeles Avenue frontage;

ii.  A permanent subsurface easement totalling 240.5 sq. m consisting of 4.0 metres from the south side of the proposed retaining wall along Steeles Avenue East;

j. The Owner shall provide and maintain to the satisfaction of the Chief Planner and Executive Director, City Planning, an accessible public pedestrian walkway (Privately-Owned Publicly-Accessible Walkway (POPS)) extending from Steeles Avenue East to the GO/Metrolinx station immediately to the south which shall have a minimum width of 12.0 metres and a minimum height of 6.0 metres, and shall provide a direct at-grade connection between Steeles Avenue East and the new public street that will be extending east from Redlea Avenue. The specific location, configuration and design to be determined during Site Plan Control Approval and secured in a Site Plan Agreement with the City;

k. The Owner shall provide and maintain to the satisfaction of the Chief Planner and Executive Director, City Planning, a privately owned publicly accessible (POPS) courtyard area located between Tower A and Tower B providing direct at-grade connections between the new pedestrian walkway. The specific location, configuration and design to be determined during Site Plan Control Approval and secured in a Site Plan Agreement with the City;

l. Prior to the registration of the first condominium building (Tower B) on the lands, the Owner shall have completed construction of the publicly accessible walkway and courtyard and shall convey public access easements to the City for nominal consideration, at no cost to the city and free and clear of encumbrances to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, including rights of support as applicable, on such terms and conditions as set out in the Section 37 Agreement, including provision for deposit of reference plans, environmental obligations as well as insurance and indemnification associated with public access easements.

m. Compliance with the submitted Air Quality and Odour Compatibility Study dated June 28, 2016 by Novus Environmental to the satisfaction of the City;

n. Compliance with the Environmental Noise & Vibration Feasibility Study, dated June 29, 2016 submitted by Novus Environmental, to the satisfaction of the City.

4. Council confirm the classification of the subject lands to Class 4 per NPC-300.

5.  City Council determine that no further notice is required pursuant to subsection 34(17) of the Planning Act in respect of the proposed by-law.