Item - 2017.TE27.2

The Toronto and East York Community Council recommends that:

1. City Council amend the Official Plan, for the lands at 666 Spadina Avenue substantially in accordance with the draft Official Plan Amendment attached as Attachment 9 to the report (September 29, 2017) from the Director, Community Planning, Toronto and East York District.

 
2. City Council amend Zoning By-law 438-86 for the lands at 666 Spadina Avenue substantially in accordance with the draft Zoning By-law Amendment in Attachment 10 to the report (September 29, 2017) from the Director, Community Planning, Toronto and East York District.

 
3. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 666 Spadina Avenue substantially in accordance with the draft Zoning By-law Amendment in Attachment 11 to the report (September 29, 2017) from the Director, Community Planning, Toronto and East York District.
 

4. City Council repeal former City of Toronto Zoning By-law 20-69 for the lands at 666 Spadina Avenue.

 
5. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and draft Zoning By-law Amendments as may be required.

 
6. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to provide the following:
 

a. a revised Hydrogeology Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
 

b. a revised Functional Servicing and Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
 

c. satisfactory arrangements 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, in accordance with the Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;
 

d. revised studies and/or plans related to loading facilities, including manoeuvring, pedestrian clearways, and the fire route to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and
 

e. the applicant agrees to withdraw appeals to OPA 320 respecting the 666 Spadina Avenue site.

 
7. 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 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 to design and construct the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, 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.

8. Before introducing the necessary Bills to City Council for enactment, require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act satisfactory to the City Solicitor and in consultation with the Chief Planner and Executive Director, City Planning to secure the following facilities, services and matters:

a. Prior to the issuance of the first above-grade building permit, the owner shall pay a cash contribution of $800,000.00 to the City to be allocated as follows;

i.  $475,000 to Wigwamen for new affordable housing on their site at 14 Spadina Road, in consultation with the Chief Planner and Executive Director, City Planning, and the Ward Councillor; and

ii. $325,000 towards local streetscape, and/or public realm, and/or neighbourhood greening improvements in the vicinity of the site which may include those identified as part of the Harbord Village Green Plan at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor.

 
b. the payment amounts identified in Recommendation 8.a. above shall be indexed upwardly in accordance with the Non-Residential Construction Price Index for Toronto, calculated from the date of execution of the Section 37 Agreement to the date of payment; and
 

c. in the event the cash contributions referred to in Recommendation 8.a. above have not been used for the intended purpose within three (3) 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 Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands.

 
9. 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:

a. The owner shall provide, at its own expense, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, a privately owned publicly accessible open space (POPS) of not less than 725 square metres, generally shown on the draft Zoning By-law Amendments attached as Attachments 10 and 11 to the report (September 29, 2017) from the Director, Community Planning, Toronto and East York District. Prior to the issuance of Site Plan Approval, the Owner shall convey to the City for nominal consideration an easement along the surface of the lands which shall constitute the POPS.  The Owner shall own, operate, maintain and repair the POPS and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the POPS at all times of the day and night, 365 days of the year. The specific location, configuration and design of the POPS shall be determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City;

b. The owner shall construct, to the satisfaction of the Chief Planner and Executive Director, City Planning, an accessible public pedestrian walkway, generally shown on the draft Zoning By-law Amendments attached as Attachments 10 and 11 to the report (September 29, 2017) from the Director, Community Planning, Toronto and East York District, which shall have a minimum width of 2.5 metres.  Prior to final site plan approval, the Owner shall convey to the City, for nominal consideration, an easement along the surface of the lands which shall constitute the pedestrian walkway, to the satisfaction of the City Solicitor.  The specific location, configuration and design of the pedestrian walkway shall be determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City;
 

c. The owner shall provide and maintain the 334 existing rental housing units at 666 Spadina Avenue as rental housing for the period of at least 20 years, from the date of the Zoning By-law coming into full force and effect, with all associated facilities and building amenity improvements to be secured for the rental housing units, at no extra cost to the existing tenants, and with no applications for demolition or conversion from residential rental use, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

 
d. The owner shall provide at least 30 percent 2-bedroom units and 10 percent 3-bedroom units within the proposed 11 storey building on the site;
 

e. Prior to the issuance of the first building permit, the owner will submit a Construction Management Plan and Mitigation Strategy, 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 be limited to, details regarding size and location of construction staging areas, dates and significant concrete pouring activities, mitigation strategies to reduce the impact on adjacent residents including negative effects of safety lighting, construction vehicle parking locations, refuse storage, site security, site supervisor contact information, and any other matters deemed necessary;

 
f. Prior to the issuance of the first building permit, the owner will submit a Tenant Communication Plan to the satisfaction of the Chief Planner and Executive Director, City Planning;
 

g. Any applications required to remove or injure trees (both City and private) to the satisfaction of the General Manager, Parks, Forestry and Recreation;
 

h. Prior to site plan approval, the owner shall submit a revised Wind Study for the proposed development and an undertaking to implement any necessary mitigation measures, to the satisfaction of the Chief Planner and Executive Director, City Planning;

 
I. On-site dog amenities will be provided at the owner's expense with proper disposal facilities for the building residents including dog relief stations, to the satisfaction of the Chief Planner and Executive Director, City Planning;

 
j. The owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard;
 

k. The owner shall be financially responsible for all costs associated with the excavation, improvement, removal and/or relocation of any above or below-grade public or private utility resulting from the development of this property to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
 

l. In support of development, the owner shall pay for and construct any improvements to the existing municipal infrastructure determined to be necessary as set out in a Functional Servicing Report accepted by the Chief Engineer and Executive Director Engineering and Construction Services;
 

m. The owner shall construct and maintain the indoor amenity space to be shared by both buildings;
 

n. The owner will provide and maintain new and renovated indoor amenity space to the satisfaction of the Chief Planner and Executive Director, City Planning in order to provide for at least the following: a common room with at least one boardroom table; a fitness and exercise room; and a party room that will include a kitchenette and direct access to a washroom;

 
o. The owner shall make available all indoor and outdoor amenity spaces generally as illustrated on the Ground Floor Plan for the proposed 11 storey building and existing building to tenants of both buildings without the need to pre-book or pay a fee, unless specifically required as customary practices for private bookings;

 
p. Prior to the issuance of the first above-grade building permit for the site, no less than 603 square metres of unencumbered parkland shall be satisfactorily conveyed to the City, located on the north-east corner of the site with frontage on both Spadina Avenue and Sussex Avenue, pursuant to section 42 of the Planning Act. These lands shall meet Parks, Forestry and Recreations environmental requirements and base park conditions, as set out in the  Memorandum to Community Planning and City Legal provided by Planning, Design and Development Parks, Forestry and Recreation dated September 27, 2016 as well as have no remaining underground parking garage structure beneath the park, to the satisfaction of the General Manager, Parks Forestry and Recreation; and
 

q. The owner shall be required to enter into Limiting Distance Agreements in relation to the new parkland should they be determined to be necessary by the General Manager, Parks, Forestry and Recreation.

10. City Council direct the Chief Planner and Executive Director, City Planning and the owner, in consultation with any necessary City officials and the Ward 20 Councillor, to consult with the local community as part of the Site Plan process, including the local Residents Association and other stakeholders, on the following prior to the issuance of Final Site Plan Approval pursuant to Section 114 of the City of Toronto Act:

a. construction management plan;

b. landscape plans and relationship to public realm; and

c. exterior building materials, and site lighting.

11. City Council authorize the appropriate City Officials to take such actions as are necessary to implement the recommendations above, including the execution of the Section 37 agreement.

The Toronto and East York Community Council held a statutory public meeting on October 17, 2017, and notice was given in accordance with the Planning Act.

This application for an Official Plan and Zoning By-law amendment at 666 Spadina proposes to retain the existing 25 storey residential rental building and add a new 11 storey mixed use building with a total of 133 rental apartments to the south of the existing structure and dedicate a new park at the north end of the site. A publicly accessible privately owned open space will also be secured along the west side of the site

The existing 334 unit apartment building, built in 1972 and listed on the City's Heritage Register, is located within the Neighbourhoods designation and was legally constructed prior to the approval of the Official Plan in 2006.  Infill development on sites with existing apartment buildings in Neighbourhoods is permitted subject to meeting criteria related to infill development in Apartment Neighbourhoods. 

The applicant has made significant modifications to the proposal since the initial submission to address comments from City Staff and residents' concerns.  The development is carefully massed providing a transition to Neighbourhoods and a base building along Spadina Avenue. The proposed landscape plan will provide a positive contribution to the neighbourhood through the addition of the new on-site park, POPs, and pedestrian circulation throughout the site.  This report reviews and recommends approval of the Official Plan and Zoning By-law Amendments.  Section 37 benefits towards affordable housing and public realm improvements are also proposed to be secured in association with the approval.