Item - 2017.TE26.29

The Toronto and East York Community Council recommends that:

1. City Council authorize the City Solicitor together with City Planning staff and other appropriate staff to attend the Ontario Municipal Board hearing generally in support of the revised plans submitted to City Planning and date stamped February 16, 2017 and draft Zoning By-law Amendments 569-2013 and 438-86 in Attachments 6 and 7, respectively, to the report (August 30, 2017) from the Director, Community Planning, Toronto and East York District. 

2. City Council authorize the City Solicitor and the Chief Planner and Executive Director, City Planning to continue to work with the applicant on the final form of the draft Zoning By-law Amendment to be presented to the Ontario Municipal Board.

3. City Council instruct the City Solicitor to request the Ontario Municipal Board to withhold its final order until such time as it is advised by the City Solicitor that:

i. The owner has provided an updated Functional Servicing Report to the satisfaction of the Executive Director, Engineering and Construction Services, and has made acceptable arrangements to pay for and construct any improvements to the municipal infrastructure that are identified in those reports;

 
ii. The zoning by-law is in a final form acceptable to the City, and if there are infrastructure improvements required as a result of the updated Functional Servicing Report, include such provisions to prohibit the erection or use of buildings until such municipal services are installed and operational;

 
iii. The City and the owner have entered into one or more Agreements(s) pursuant to Section 37 of the Planning Act to secure the following at the owner's sole expense all to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with appropriate civic officials and the Ward Councillor:
 

a. The following facilities, services, matters:

i. Prior to the issuance of the first above-grade building permit, the owner shall pay to the City the sum of $2,180,000 to be used for the following:

A. $160,000 towards at-grade exterior improvements to the Toronto Parking Authority /Toronto Community Housing building at 55 The Esplanade, which may include lands at 45 The Esplanade over which easements exist in favour of Toronto Community Housing and the City, in consultation with the Ward Councillor and Toronto Community Housing; and,

 
B. $2,020,000 for any combination of the following:

 
I. the development of a park located between Market Street, Wilton Street, The Esplanade and Parliament Street;

 
II. implementation of the Heritage Interpretation Master Plan for Old Town Toronto and/or the Heritage Lighting Master Plan for Old Town Toronto;

 
III. North St. Lawrence Market redevelopment; and/or

 
IV. Local streetscape improvements;

 
ii. The payment amounts identified in Recommendations 3.a.i.A. and B. above shall be indexed upwardly in accordance with the Non-Residential Construction Price Index for the Toronto CMA, reported by statistics Canada in Construction Price Statistics Publication No. 62-007-XPB, or its successor, calculated from the date of execution of the Section 37 Agreement to the date of payment of the funds by the owner to the City; and

 
b. The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development, all to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the appropriate civic officials and the Ward Councillor:

i.  At least 10 percent of the total number of dwelling units to be constructed on the lot shall contain family sized units with three or more bedrooms in compliance with the provisions of the Ontario Building Code;

ii. Prior to condominium registration for first residential use of the site, the owner shall convey to the City a 3.8 metre road widening along the Church Street frontage, free and clear of all encumbrances and in environmental condition satisfactory to Engineering and Construction Services in consultation with City Legal;

 
iii. Prior to site plan approval, the owner will provide a 3 metre wide pedestrian clearway easement in favour of the public over an at-grade setback along the Church Street frontage, in addition to the road widening described in Recommendation 3.iii.b.ii. above;

iv.  Prior to site plan approval, the owner shall agree to design the pedestrian weather protection along the Church Street and The Esplanade frontages as part of site plan approval and will agree to construct it as a condition of site plan approval;

 
v. Prior to site plan approval, the owner shall provide a revised wind study to the satisfaction of the Chief Planner and Executive Director, City Planning; and

 
iv. Prior to the issuance of any above grade building permit, the owner be required to pay for and construct any improvements to the municipal infrastructure in connection with a Functional Servicing Report as accepted by the Executive Director, Engineering and Construction Services should such Director determine that improvements to such infrastructure are required to support the development all to the satisfaction of the Executive Director, Engineering and Construction Services.

4. City Council instruct the City Solicitor to request the Ontario Municipal Board to withhold its final order until the owner makes arrangements acceptable to the City Solicitor to convey in escrow the lands located within 3.8 metres of the Church Street property line, free and clear of encumbrances.

5. City Council instruct the City Solicitor that, in the event the Ontario Municipal Board does not withhold its final order until such time as it is advised by the City Solicitor that items in Recommendation 3.i. and 3.ii. above have been addressed to the satisfaction of the Executive Director, Engineering and Construction Services, the City Solicitor request that a holding mechanism ("H") be included in the final form of the zoning by-law, to be lifted at such time as the Executive Director, Engineering and Construction Services, is satisfied that all local municipal infrastructure upgrades required to service the proposed development are operational.

The applicant has appealed a Zoning By-law Amendment application to the Ontario Municipal Board (OMB) due to Council's failure to make a decision on the application within the time prescribed by the Planning Act. A pre-hearing has been scheduled for January 3, 2018. The purpose of this report is to seek City Council's direction with respect to the position of the City at the Ontario Municipal Board pre-hearing including instructions regarding the applicant's revised submission.

The applicant proposes to redevelop the site with a 29-storey mixed-use building. The development would consist of a 7-storey (25 metre) podium along The Esplanade with a 22- storey tower above. The development would have a total gross floor area of 22,828 square metres, including 1,014 square metres of retail space and 21,814 square metres of residential development comprised of 308 residential units.

It is staff's opinion that the most recent submission date stamped February 16, 2017, along with the proposed community benefits under Section 37 of the Planning Act and the conveyance to allow for the future extension of Church Street south under the railway corridor to the lake is appropriate. Staff is recommending that the revised zoning by-law amendment application be supported, subject to the conditions in the Recommendations Section of this report, including potential conditions related to servicing. With respect to the site plan control application, further revisions to drawings and information are required prior to finalizing conditions of approval.