Item - 2018.PG30.7

The Chief Planner and Executive Director, City Planning recommends that:

1.   City Council direct the City Solicitor, together with City Planning staff and any other City staff as appropriate, to attend the Local Planning Appeal Tribunal hearing in support of the with prejudice settlement offer dated May 28, 2018 (“Settlement Offer”), which is substantially in accordance with the plans identified as Attachments 1 – 15, and conditions identified as Attachments 19, 21 and 22 to the report (May 29, 2018) from the Chief Planner and Executive Director, City Planning.

2   City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order on the appeals of the Official Plan Amendment, Zoning By-Law Amendment, and Draft Plan of Subdivision Approval until such time as:

a.   An Official Plan amendment and Zoning By-law amendment(s) are prepared to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, to provide for the development substantially in accordance with the plans referred to in the Settlement Offer identified in Recommendation 1. above, which includes Attachment 1 (Master Site Plan), Attachment 3 (Draft Plan of Subdivision) and Attachment 16b (Applicant’s Project Statistics) to the report dated May 29, 2018;

b.   The Owner has agreed that the approval of the Draft Plan of Subdivision shall be subject to conditions to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the Chief Planner and Executive Director, City Planning and the City Solicitor;

c.   Any such revisions to the proposed subdivision plan dated March 16, 2018 (Attachment 3), or any such additional or modified conditions as the Chief Planner and Executive Director, City Planning may deem to be appropriate to reflect the recommendations in this report or to address matters arising from the on-going technical review of this development, have been made;

d.   The Owner has addressed the comments in the Engineering and Construction Services Memo dated April 18, 2018, as applicable, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

e.   The Owner has submitted a revised plan of subdivision with adjustments to the boundary of Block 12 and Block 14B to retain the West Courtyard and East Courtyard in private ownership for amenity space, as per the Toronto and Region Conservation Authority (TRCA) memorandum dated April 30, 2018, all to the satisfaction of the TRCA in consultation with the Chief Planner and Executive Director, City Planning; 

f.   The Owner has provided alternative rail safety mitigation measures, as set out in Recommendation 2.h.i, below, for any proposed development on the site, which is set back less than 30 metres from the CP Rail corridor, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the Chief Planner and Executive Director, City Planning;

g.   The Owner has entered into an agreement with the City to secure community benefits pursuant to Section 37 of the Planning Act, including the following, which shall also be secured in the zoning by-laws, all to the satisfaction of the City Solicitor:

i.   Prior to issuance of the first above grade building permit for any development on Blocks 6B, 6C,10, 11, 13 (being a portion of phase 2) and Blocks 1B, 4, 5 and 7 (being a portion of phase 3), as shown on Attachment 3 to the report (May 29, 2018) and all subsequent Blocks referring to Attachment 3, the Owner shall provide a financial contribution of twelve million dollars ($12,000,000) to be used for the enhancement/enlargement of the community centre within the development site, which will include the relocated twin pad arena planned on the development site, and may also include additional recreation facilities and community services (the “Enhanced and Enlarged Community Centre”).  In the event that the Owner enters into an agreement with the City to construct the Enhanced and Enlarged Community Centre as set out in Recommendation 20 prior to issuance of the first above grade building permit for any development on Blocks, 6B, 6C, 10, 11, 13 (being a portion of phase 2) and Blocks 1B, 4, 5 and 7 (being a portion of phase 3), the Owner shall, prior to issuance of the first above grade building permit for any development on Blocks  6B, 6C,10, 11, 13 (being a portion of phase 2) and Blocks 1B, 4, 5 and 7 (being a portion of phase 3), provide a letter of credit, including provisions for upward indexing, for twelve million dollars ($12,000,000) in lieu of such financial contribution to secure such construction, in a form and from an institution to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Parks, Forestry and Recreation.

ii.  Prior to the first above grade building permit for development within Blocks 1A, 8, 9 and 12 (being a portion of phase 1), the Owner shall provide a financial contribution of one million seven hundred and fifty thousand dollars ($1,750,000) to be used for parks and/or recreational facility improvements in the Flemingdon Park or Thorncliffe Park neighbourhoods;"

iii.   Prior to the registration of a plan of subdivision for Blocks 1A, 6A, 8, 9, 12, 14A, 14B, 15 and 16 (“phase 1”), the Owner shall submit a Public Art Plan and prior to the first above grade building permit for residential development in phase 1, the Owner shall provide a financial security of one million two hundred and fifty thousand dollars ($1,250,000) to secure the commission of public art in a process in accordance with City Planning’s Public Art Program;

iv.   Prior to the issuance of the first above grade building permit for residential development in phase 1, the Owner agrees to prepare the Public Art Plan in consultation with the local Councillor identifying locations for the anticipated public art works within Blocks 1B (with the completion of public art within 12 months of the occupancy of either Blocks 4 or 7), 3A and 6A (with the completion of public art concurrent with the completion of above base park improvements), or other Blocks deemed appropriate (completion with the completion of public art as set out in the public art plan), and a cost projection for each proposed location, with the total amount not to exceed the amount identified in Recommendation 2.g.iii above.  The Public Art Plan is subject to review and recommendation by the Toronto Public Art Commission through the Chief Planner and Executive Director, City Planning;

v.   The fifteen million dollar ($15,000,000) total cash or value contribution referred to in Recommendations 2.g.i, ii, and iii, above is to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, calculated from the date of execution of the agreement to the date of payment;

vi.   The Owner agrees to design, construct, finish, furnish, and equip at its expense, a two-storey (ground floor and second floor) non-profit licensed child care facility within the Block 1A Office Building to accommodate a minimum of 62 children, including infants, toddlers and preschoolers, comprising of a minimum of 985 square metres of interior space and a minimum of 270 square metres of exterior space adjacent to the second floor interior space which may be increased to meet daycare licensing standards, including outdoor storage, and the provision for a child pick-up and drop-off area with safe access to and from the underground garage, to the satisfaction of the Director, Real Estate Services in consultation with the General Manager, Children’s Services;

vii.   The Owner shall enter into a lease agreement with the City for 99 years for the child care facility in Recommendation 2.g.vi above, prior to occupancy of Block 1A, to the satisfaction of the Director, Real Estate Services in consultation with the General Manager, Children’s Services and the City Solicitor; 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; and the Owner shall agree to the registration of such agreement at the Owner’s expense, to the satisfaction of the City Solicitor;

viii.   The Owner shall provide a letter of credit in the amount of four million three hundred seventy one thousand dollars ($4,371,000), being 120 percent of the value of the day care contribution of $3,643,000 to the City, including provisions for upward indexing, in a form and from a bank satisfactory to the Director, Real Estate Services, in consultation with the General Manager, Children’s Services, prior to the issuance of the first above grade building permit for Block 1A to secure the child care facility pursuant to Recommendation 2.g.vi above, with such child care facility to be made available to the City within 6 months of occupancy of the Block 1A Office Building.  Such letter of credit to be returned once the child care facility is made available to the City, to the satisfaction of the Director, Real Estate Services, in consultation, with the General Manager, Children’s Services;

ix.   The Owner shall provide a one-time cash contribution in the amount of one-hundred fifty thousand dollars ($150,000) 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;

x.   The Owner shall provide a one-time cash contribution in the amount of one-hundred fifty thousand dollars ($150,000) 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;

xi.   The Owner agrees that one parking space will be provided free-of-charge for the use of the supervisor of the child care facility to the satisfaction of the General Manager, Children’s Services.  A parking pass will be provided for officials conducting inspections of the child care facility.  An appropriate pick-up/drop-off area will be identified through the site plan approval;

xii.   The amounts referred to in Recommendations 2.g.ix and x, above are to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, calculated from the date of execution of the Section 37 agreement to the date of payment;

xiii.   The Owner will construct and operate a minimum 25,000 square metres of affordable rental housing on Block 5A, in accordance with the terms outlined in Attachment 21 to the report (May 29, 2018), from the Chief Planner and Executive Director, City Planning.

xiv.   The Owner shall construct and enter into Agreements of Purchase and Sale (“the APS”) for at least 8 Affordable Ownership Housing Units (the “Affordable Ownership Housing Units”) with a non-profit affordable housing provider at nominal cost to the provider, with such units to be located on Block 9 and / or 12, with such APS to be assignable at no additional cost, in accordance with the terms outlined in Attachment 22, to the report (May 29, 2018) from the Chief Planner and Executive Director, City Planning.

xv.   Prior to the first residential use on the subject Block(s) containing the Affordable Ownership Housing Units, the Owner shall make ready and available for occupancy such Affordable Ownership Housing Units, to the satisfaction of the Chief Planner and Executive Director, City Planning.

xvi.   Prior to issuance of the first above grade building permit on Block 9 and/or Block 12, whichever is earlier, unless such later time is acceptable to the Chief Planner and Executive Director, City Planning, the Owner shall register, to the satisfaction of the City Solicitor, a Section 118 Restriction under the Land Titles Act on the portion of the lands containing Affordable Ownership Housing Units agreeing not to transfer or charge any part of such lands without the written consent of the Chief Planner and Executive Director, City Planning, all to the Satisfaction of the Chief Planner and Executive Director, City Planning.

h.   The following matters are also recommended to be secured in the Section 37 Agreement and / or the zoning by-laws as a legal convenience or otherwise to support development:

i.   Prior to the final order of the Local Planning Appeal Tribunal, the Owner agrees to provide alternative rail safety mitigation measures for any proposed development on the site, which is set back less than 30 metres from the CP Rail corridor, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the Chief Planner and Executive Director, City Planning, including the following:

1.   Proposed rail safety mitigation measures that provide at least the same level of rail safety for nearby residents, workers, visitors and shoppers as the required 30 metre setback and berm;

2.   A development viability report bearing the stamp of a fully insured, qualified, professional structural engineer, in addition to the noise, air quality and vibration reports, showing how at least the same level of rail safety is to be achieved, with reliance to be extended to the City, to be subject to peer review by a rail safety expert retained by and reporting to the City, at the expense of the Owner, and to be provided to the Canadian Pacific Railway for review;

3.   If the development viability assessment is accepted by the City:

a.   construction and on-going maintenance of the alternative mitigation measures will be secured through an agreement between the City and the landowner;

b.   warning clauses in all relevant documents should be registered on title to provide notice for future purchasers; and

c.   the Owner will enter into an agreement with the City to be registered on title, whereby the Owner assumes responsibility for, and indemnifies the City from, damages to the property resulting from a derailment on the Canadian Pacific North Toronto rail corridor.

4.   Any required rail safety, air quality and noise/vibration mitigation structures or other measures such as berms and noise walls must be of a high design quality. Berms should be landscaped and maintained and opportunities for murals and community artwork should be pursued on the south face of noise walls and other structures;

ii.   The Owner has submitted a Construction Management Plan and Neighbourhood Communication Strategy for each phase of development, prior to the issuance of the first building permit within such phase of development (including demolition and/or excavation permit), to the satisfaction of the Chief Building Official, and Executive Director of Engineering and Construction Services in consultation with the Chief Planner and Executive Director City Planning, and thereafter shall implement such approved plan(s) to the satisfaction of such City Officials;

iii.   No above grade building permit, including for clarity any conditional above grade building permit, on Blocks 1B, 4, 5, 6B, 6C, 7, 10, 11, and 13 (phase 2 and phase 3 lands), from the Chief Planner and Executive Director, City Planning, shall be issued prior to:

1.   issuance of the first above grade building permit for the affordable housing Block 5A; and

2.   conveyance of park Blocks 3A and 3B to the City;

iv.   No above-grade building permit for any high-rise buildings on Blocks 4 and 5 shall be issued, prior to the affordable rental housing building on Block 5A being ready and available for occupancy to the satisfaction of the Chief Planner and Executive Director, City Planning and the Chief Building Official;

v.   Prior to any residential use on Blocks 8, 9 and 12 at 1150 Eglinton Avenue East, all existing manufacturing and industrial uses located at 844 Don Mills Road will cease operation, to the satisfaction of the Chief Planner and Executive Director, City Planning;

vi.   The Owner shall apply for and receive a TRCA Permit under O. Reg. 166/06 on behalf of itself and the City of Toronto for a trail connection from Block 15 to E. T. Seton Park, and associated road, underpass and sidewalk works, and construct the works prior to any residential use on Block 12.  The TRCA permit application shall include the preparation of a Natural Heritage Impact Study, a Geotechnical Slope Stability Assessment, and associated Restoration and Planting Plans, and any other necessary studies and plans, to the satisfaction of TRCA.

vii.   The Owner agrees that above grade building permits for any buildings in phase 1 on Blocks 8, 9 or 12, shall not be issued until the first above grade permit is issued for Block 1A (office), to the satisfaction of the Chief Planner and Executive Director, City Planning;

viii.   Prior to any residential use on Block 12, an occupancy permit shall be issued for Block 1A (office);

ix.   Prior to registration of phase 2 of the plan of subdivision (Blocks 3A, 3B, 5A, 6B, 6C, 10, 11, and 13), the Owner shall register, to the satisfaction of the City Solicitor, a Section 118 Restriction under the Land Titles Act on Block 5A agreeing not to transfer or charge any part of the lands without the written consent of the Chief Planner and Executive Director, City Planning or his designate;

x.   The Owner agrees to the following heritage preservation matters for the property at 844 Don Mills Road:

1.   Carefully document, dismantle and store the reconstructed heritage elements (entrance portals) until such time that they can be re-introduced in tandem with phasing and construction related to development of Blocks 4 and 5A, all to the satisfaction of the Senior Manager, Heritage Preservation Services;

2.   Prior to the issuance of a demolition permit for 844 Don Mills Road, submit a dismantling and reconstruction plan, lighting plan and interpretation plan, for the heritage elements (entrance portals), to the satisfaction of the Senior Manager, Heritage Preservation Services; and

3.   To design and construct a base building for each of the mixed-use towers on Blocks 4 and 5A that incorporates the entrance portals, including the use of appropriate exterior finishes, the details of which to be secured during site plan approval, all to the satisfaction of the Senior Manager, Heritage Preservation Services;

xi.   Prior to the earlier of final site plan approval or the issuance of any building permit on Block 12, including for clarity any conditional permit or any demolition permit but excluding any building permit otherwise acceptable to the Senior Manager, Heritage Preservation Services, the Owner shall:

1.   Provide a detailed Conservation Plan, prepared by a qualified heritage consultant, for the existing building at 1150 Eglinton Avenue East, substantially in accordance with the Heritage Impact Assessment prepared by Goldsmith Borgal & Company Ltd., dated February 13, 2018 and the listed plans and drawings that form part of such Heritage Impact Assessment, subject to revisions, to the satisfaction of the Senior Manager, Heritage Preservation Services;

2.   Enter into a Heritage Easement Agreement with the City for the property at 1150 Eglinton Avenue East substantially in accordance with the Heritage Impact Assessment prepared by Goldsmith Borgal & Company Ltd., dated February 13, 2018 and the listed plans and drawings that form part of such Heritage Impact Assessment, subject to revisions, to the satisfaction of the Senior Manager, Heritage Preservation Services subject to and in accordance with the approved Conservation Plan required in Recommendation 2.h.xi.1 above, all to the satisfaction of the Senior Manager, Heritage Preservation Services, and shall register such agreement to the satisfaction of the City Solicitor; and

3.   Provide a Letter of Credit, including provisions for upward indexing, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Preservation Services to secure all work included in the approved Conservation Plan;

xii.   The Owner agrees to produce urban design guidelines prior to issuance of Notice of Approval Conditions for the first residential development on the lands, to the satisfaction of the Chief Planner and Executive Director, City Planning, that will:

1.   Achieve a high quality public realm;

2.   Allow incremental development with each phase adding to the fully built out development;

3.   Provide a context for existing heritage features for both landscape and buildings;

4.   Foster design excellence, and an innovative architecture and landscape design;

5.   Provide explicit direction for the new portions of the development, particularly those Blocks that are adjacent to 844 Don Mills Road and 1150 Eglinton Avenue East, in order to capitalize on the important thematic qualities of modernist architecture inherent in the design of these landmarks, and to ensure a continued spirit of architectural excellence augments the importance of other noteworthy buildings of the post-war era that contribute to the unique heritage of the Don Mills Community.

xiii.   Prior to Notice of Approval Conditions, the Owner agrees to provide architectural control guidelines for Blocks 8, 10 and 13 to the satisfaction of the Chief Planner and Executive Director, City Planning.

xiv.   Prior to the issuance of any above grade building permit on Blocks 8, 9, and 12 (being a portion of phase 1), the Owner is required to pay five hundred thousand dollars ($500,000), indexed from the date of execution of the Section 37 Agreement to the date of payment, for the remainder of the parkland dedication requirement through cash-in-lieu.  Such cash-in-lieu payment and the dedication of Blocks 3A, 3B and 6A satisfies the parkland dedication for the development before City Council.

xv.   The Owner agrees that appropriate conditions of approval for the draft plan of subdivision relating to parkland shall be reflected in Schedule A to the Zoning By-laws and the Section 37 Agreement to the satisfaction of the Chief Planner and Executive Director, City Planning.

xvi.   The Owner agrees to provide the following transportation-related improvements:

1.   Prior to September 15, 2018 and, in any event, no later than execution of the Section 37 Agreement, pay for the cost of a Phase 3 and 4 Municipal Class Environmental Assessment in an amount of three hundred and fifty thousand dollars ($350,000), for the extension of Wynford Drive and an active transportation connection to the Don Mills Trail across the railway tracks to the west of the site (the “Active Rail Crossing”) on such terms and conditions satisfactory to the General Manager, Transportation Services and in a form satisfactory to the City Solicitor.

2.   Within 30 days of final approval of the Phase 3 and 4 Municipal Class Environmental Assessment, provide a schedule for the submission and review of detailed design submissions (including, at a minimum, submissions at the 30/60/90/100 percent stages)  for the Active Rail Crossing to the satisfaction of the General Manager, Transportation Services.

3.   To provide refined cost estimates as part of the 30/60/90/100 detailed design submissions for proposed hard and soft costs, to the satisfaction of the General Manager, Transportation Services.

4.   Within one year of final approval of the Phase 3 and 4 Municipal Class Environmental Assessment, to design the Active Rail Crossing to 60 percent detailed design to the satisfaction of the General Manager, Transportation Services.

5.   Prior to the City securing the land rights set out in Recommendation 13 and required third party approvals, to design the Active Rail Crossing to 100 percent detailed design to the satisfaction of the General Manager, Transportation Services.
 

6.   Within two years of the City securing the land rights set out in Recommendation 13, the required third party approvals, as well as any City funding if required, to construct and make operational the Active Rail Crossing to the satisfaction of the General Manager, Transportation Services, unless the City has not secured the land rights and required third party approvals and any required funding within three years of approving a 100 percent detailed design for the Active Rail Crossing.  If such matters have not been secured within the aforesaid three-year period, Recommendation 2.h.xvi.7 below, does not apply.

7.   No above grade building permit, but excluding any building permit otherwise acceptable to the General Manager, Transportation Services, will be issued for Block 2 until the Active Rail Crossing has been constructed and made operational to the satisfaction of the General Manager, Transportation Services.

8.   Prior to the issuance the first above-grade building permit on Blocks 6B, 6C, 10, 11, and 13 (being a portion of phase 2) and Blocks 1B, 4, 5 and 7 (being a portion of phase 3), whichever is earlier, to submit a letter of credit in a form and amount and from a bank to the satisfaction of the General Manager, Transportation Services, for:

a.   four million dollars ($4,000,000), indexed from the date of execution of the Section 37 Agreement to the date the letter of credit is provided to the City; and

b.   the total amount of the Development Charge Credit available to the Owner in accordance with Recommendation 14 below.

9.   To adhere to City policies, as applicable, for procurement and construction of the Active Rail Crossing including but not limited to the Fair Wage Policy and Contractual Trades Obligations. 

10.   Prior to occupancy of the Block 1A Office Building, to design, construct, and make operational a direct underground connection from the proposed Block 1A Office Building, underneath Don Mills Road and/or Eglinton Avenue East into the LRT underground system for pedestrian access, with a minimum width of five (5) metres or the minimum width required by Metrolinx, to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services.  In the event the Owner is unable to obtain the necessary rights to construct and complete the direct underground connection, the Chief Planner and Executive Director, City Planning may extend the time to construct and make operational the direct underground connection in his sole discretion. 

11.   To provide a minimum of twenty five (25) publicly accessible car-share spaces on site, in locations satisfactory to the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Transportation Planning.

12.   Prior to issuance of the first above-grade building permit, provide one-time funding for five (5) bike-share stations totaling two hundred and fifty thousand dollars ($250,000) ($50,000 per station), and submit a general plan identifying locations on-site for five (5) bike-share facilities, with detailed information to be secured at site plan approval; all to the satisfaction of the General Manager, Transportation Services, and the Chief Planner and Executive Director of City Planning.

13.   Prior to registration of the plan of subdivision, submit a plan identifying locations for publicly accessible rideshare drop-off locations on-site, to the satisfaction of the Chief Planner and Executive Director, City Planning.

14.   To design and construct Blocks 1A, 1B, 4 and 7 with a shared underground parking facility with direct underground access to the below grade LRT connection and consolidate parking and loading access/facilities for these Blocks, the detailed design and location of such facilities to be secured through site plan approval, all to the satisfaction of the Chief Planner and Executive Director, City Planning. For clarity, such pedestrian connection may be combined with vehicular access in the underground parking facilities, to the satisfaction of the Chief Planner and Executive Director, City Planning. 

15.   To design and construct Blocks 2, 5 and 5A with a shared underground parking facility and consolidate parking and loading access/facilities for these Blocks, the detailed design and location of such facilities to be secured through site plan approval, all to the satisfaction of the Chief Planner and Executive Director, City Planning.  For clarity, such pedestrian connection may be combined with vehicular access in the underground parking facilities, to the satisfaction of the Chief Planner and Executive Director, City Planning.

16.   Prior to the issuance of any building permit on Block 2, to design, construct, and make operational a pedestrian connection between underground parking facilities and provide knock-out panels underneath Public Street C between Blocks 1A, 1B, 4, 7 and Blocks 2, 5, 5A, to the satisfaction of the Chief Planner and Executive Director, City Planning.  For clarity, such pedestrian connection may be combined with vehicular access in the underground parking facilities.

17.   To illustrate the locations of such future connection and knockout panels on the site plans for Blocks 1A, 1B, 4, 7 and Blocks 2, 5, 5A to the satisfaction of the Chief Planner and Executive Director, City Planning.

18.   To design, install and provide real-time transportation displays for all mid-rise buildings, tall buildings, and office buildings on the development site (Blocks 1A, 2, 4, 5, 5A, 6B, 6C, 7, 9, 11 and 12), to the satisfaction of the Chief Planner and Executive Director, City Planning;

19.   To provide and designate twenty-five (25) carpool spaces within the underground parking of Block 1A (office) and fifteen (15) carpool spaces within the underground parking of Block 2 (office), or as otherwise agreed to by the Chief Planner and Executive Director, City Planning;

20.   To provide a minimum of 20 percent of parking spaces designated for low-emission vehicles and install rough-in connections for publicly accessible plug-in stations for electric vehicle charging facilities as part of all development phases, to the satisfaction of the Chief Planner and Executive Director, City Planning;

21.   To design, construct and make operational, with specifications and in locations to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the General Manager of Transportation Services, conduits to on-street parking spaces for future electric vehicle charging facilities for public parking and shared vehicles;

22.   To provide space and design for at least one bicycle repair stand for each tall and mid-rise building on the site, as part of site plan approval, to the satisfaction of the Chief Planner and Executive Director, City Planning;

23.   To provide additional bicycle parking as per Tier 2 in the Toronto Green Standard or additional publicly accessible short-term bike parking facilities with shelter and lockers, to the satisfaction of the Chief Planner and Executive Director, City Planning;

24.   Prior to registration of the plan of subdivision, to submit a one-time payment in the amount of fifty thousand dollars ($50,000) for Smart Commute services to City Planning Division in the form of a bank draft or certified cheque;

25.   To design and provide for pick-up-drop-off space for taxi/rideshares and deliveries for each mid-rise and tall building, as part of site plan approval, to the satisfaction of the Chief Planner and Executive Director, City Planning;

26.   Prior to the registration of the plan of subdivision, to provide a one-time funding contribution to the City of fifty thousand dollars ($50,000) for a transportation monitoring program, to the satisfaction of the General Manager, Transportation Services.

xvii.   The Owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council at its meeting held on October 26 and 27, 2009 through the adoption of item PG32.3 of the Planning and Growth Committee, and as updated by Toronto City Council at its meeting held on December 5, 6 and 7, 2017 through the adoption of item PG23.9 of the Planning and Growth Committee, and as may be further amended by City Council from time to time.

xviii.   The Owner shall submit wind studies for all Blocks with buildings over four storeys in height, as part of site plan approval, to the satisfaction of the Chief Planner and Executive Director, City Planning.

xix.   The Owner agrees not to register phase 2, 3 or 4 of the plan of subdivision until the Don Mills Crossing Secondary Plan is adopted by City Council.

xx.   The Owner agrees that appropriate conditions of approval for the draft plan of subdivision shall be reflected in Schedule A to the Zoning By-laws and the Section 37 Agreement to the satisfaction of the Chief Planner and Executive Director, City Planning.

3.   City Council direct that the Owner shall convey to the City any necessary public easements securing access to the publicly accessible private open spaces (POPS) and or surface easement(s), to the satisfaction of the City Solicitor, and Chief Planner and Executive Director, City Planning, as generally shown on Attachment 1 (Master Site Plan), including:

a.   Over the Block 1B plaza space (POPS);  

b.   Private Street B public access having a minimum width of 16.5 metre (surface easement);

c.   Over Block 12 between Public Street C and Block 14B connecting in between the central and eastern most towers (POPS);

d.   The easements 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 a portion of which will remain open and accessible to the public, subject to temporary closures on terms and conditions satisfactory to the Chief Planner and Executive Director, City Planning and permitted encroachments for commercial activities, buildings and structures where appropriate and permitted by the Zoning By-law.

e.   The exact location and design and timing of delivery of the POPS and surface easement(s) to be determined in the context of site plan approval, with the POPS to be generally secured in the Section 37 Agreement, in addition to the matters listed in Recommendation 2.h. above.

4.   City Council direct that a Holding (H) symbol be included in the site specific Zoning Bylaw Amendments for Blocks 1B, 6B, 6C, 7, 10, 11, and 13, which shall prohibit the erection or use of the above grade component of a residential or mixed-use building otherwise permitted by the site specific zoning by-laws, except that a foundation, as well as an underground parking garage including the associated structural ramping system including any uses accessory thereto, or any use otherwise permitted at the sole discretion of the Chief Planner and Executive Director, City Planning, as well as temporary sales centre, may be erected and used on such lands, until such time as the first above grade permit is issued for the affordable housing Block 5A, all to the satisfaction of the Chief Planner and Executive Director, City Planning. 

5.   City Council direct that a Holding (H) symbol be included in the site specific Zoning Bylaw Amendments for Blocks 4 and 5, which shall prohibit the erection or use of the above grade component of a residential or mixed-use building otherwise permitted by the site specific zoning by-laws, except that a foundation, as well as an underground parking garage including the associated structural ramping system including any uses accessory thereto, or any use otherwise permitted at the sole discretion of the Chief Planner, as well as a temporary sales centre, may be erected and used on such lands, until such time as the affordable rental housing building on Block 5A is ready and available for occupancy, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the Chief Building Official.

6.   City Council direct that a Holding (H) symbol be included in the site specific Zoning Bylaw Amendments for Block 2, requiring the following matters to be provided, to the satisfaction of the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning:

a.   The development of lands designated Employment Areas (identified as General Employment Areas in Official Plan Amendment 231 necessary to achieve a minimum of 70,000 square metres of non-residential gross floor area, comprised of non-residential uses permitted in an Employment Areas designation or otherwise permitted for the lands under Site and Area Specific Policy 511 (SASP 511), the majority of which is to be office space, to proceed prior to, or concurrent with, the provision of up to 300 units of residential development on the lands located within Block 2.

7.   City Council direct City staff to continue discussions with area land owners and the Toronto District School Board regarding securing a school facility in the Don Mills Crossing Secondary Plan area to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Toronto District School Board.

8.   City Council direct that the subdivision agreement shall be subject to the conditions as generally listed in Attachment 19 to the report dated May 29, 2018 which except as otherwise noted must be fulfilled prior to final approval and the release of the plan of subdivision for registration.

9.   City Council direct that prior to final approval and the release of the plan of subdivision for registration, the Owner agrees to address the comments in the Engineering and Construction Services Memo dated April 18, 2018, as applicable, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

10.   City Council authorize the City Solicitor to take the necessary steps to release the Section 118 Restriction from title on Blocks 3A and 3B at such time as confirmation is received that Blocks 3A and 3B have been conveyed to the City, to the satisfaction of the General Manager, Parks, Forestry and Recreation.

11.   City Council authorize the City Solicitor to take the necessary steps to release the Section 118 Restriction from title on Block 5A at such time as confirmation is received that the first above grade permit has been issued for the affordable housing Block 5A, to the satisfaction of the Chief Planner and Executive Director, City Planning.

12.   City Council authorize the City Solicitor to take the necessary steps to release the Section 118 Restriction from title on the Affordable Ownership Housing Units on Blocks 9 and/or 12 following the 20-year period referred to in the terms outlined in Attachment 22, to the report (May 29, 2018) from the Chief Planner and Executive Director, City Planning.

13.   City Council authorize the Director, Real Estate Services, in consultation with the General Manager, Transportation Services, to secure the necessary land rights to extend the existing active transportation trail across the rail corridor to the site, including if necessary, to negotiate with the Owner of the adjacent rail corridor to acquire such land rights, and to seek further authority to acquire such land rights once negotiations have been settled.

14.   City Council approve a development charge credit against the Roads and Related component of the Development Charges for the construction by the Owner of the Active Rail Crossing, all to the satisfaction of the General Manager, Transportation Services; such credit to be a maximum amount that is the lesser of i) the costs to the Owner of constructing the crossing, such costs including but not limited to all the costs of design, consulting, working drawings and specifications, construction labour and materials, general supervision during construction, contract administration, inspection and testing and certification of completions as approved by the General Manager, Transportation Services less the Owner’s four million dollar ($4,000,000 as indexed) contribution, and ii) the Roads and Related component of Development Charges payable for the development, in accordance with the City’s Development Charges By-law, as may be amended.

15.   City Council authorize the execution of a development charge credit agreement between the City and the Owner to give effect to the foregoing, in a form satisfactory to the City Solicitor.

16.   City Council authorize the General Manager, Transportation Services, to enter into and execute an agreement with the Owner to fund the City’s completion of Phase 3 and 4 requirements under the Municipal Class Environmental Assessment referred to in Recommendation 2.h.xvi.1 above.

17.   City Council direct that in the event the cost of constructing the Active Rail Crossing, less the Owner’s four million dollar ($4,000,000, as indexed) contribution, exceeds the value of the Roads and Related component of the Development Charges for the development, the General Manager, Transportation Services report back to City Council through the subsequent Capital Budget process with options and a funding strategy to complete the Active Rail Crossing.

18.   City Council include the property at 1150 Eglinton Avenue East on the City of Toronto’s Heritage Register in accordance with the Statement of Significance (Reasons for Inclusion): 1150 Eglinton Avenue East, attached as Attachment 20 to the report (May 29, 2018), from the Chief Planner and Executive Director, City Planning.

19.   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 on Blocks 6A, 3A, and 3B, to the satisfaction of the General Manager, Parks, Forestry and Recreation; such credit to be in an amount that is the lesser of (i) the cost to the Owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, less the Owner's five hundred thousand dollar ($500,000, as indexed) cash-in-lieu contribution to parkland dedication and (ii) 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. 

20.   City Council authorize the General Manager, Parks, Forestry and Recreation to negotiate and enter into an agreement with the Owner for the construction of an Enhanced and Enlarged Community Centre, which includes the relocated twin pad arena planned on the development site, on terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor.

21.   City Council, if an agreement to construct the Enhanced and Enlarged Community Centre with the Owner is reached, approve a development charge credit against the Parks and Recreation component of the Development Charges for the construction by the Owner of the Enhanced and Enlarged Community Centre, all to the satisfaction of the General Manager, Parks, Forestry and Recreation; such credit to be in the amount that is the lesser of i) the cost to the Owner of constructing the Enhanced and Enlarged Community Centre as approved by the General Manager, Parks, Forestry and Recreation, less the Owner’s contributions of five hundred thousand dollars ($500,000 as indexed) and twelve million dollars ($12,000,000, as indexed), and ii) the Parks and Recreation component of Development Charges payable for the development, in accordance with the City’s Development Charge By-law, as may be amended.

22.   City Council direct that in the event the cost of constructing the Enhanced and Enlarged Community Centre less the Owner’s contributions of five hundred thousand dollars ($500,000 as indexed) and twelve million dollars ($12,000,000, as indexed) exceeds the Parks and Recreation component of the Development Charges, the General Manager of Parks, Forestry and Recreation report back to City Council through the subsequent Capital Budget process with options and a funding strategy to allow for the planned scope of work to be fully implemented.

23.   City Council direct that the total combined Development Charge credit under Recommendations 19 and 21 above shall under no circumstances exceed the Parks and Recreation component of Development Charges payable for the development, in accordance with the City’s Development Charge By-law, as may be amended.

24.   City Council allocate the cash-in-lieu payment for the parkland dedication requirement required by Recommendation 2.h.xiv towards Above-Base improvements to the on-site parkland or Enhanced and Enlarged Community Centre construction.

25.   City Council direct that should the Owner and the General Manager, Parks, Forestry and Recreation mutually agree that the Owner may construct the Enhanced and Enlarged Community Centre, the Owner must adhere to City policies for procurement and construction, as applicable, including but not limited to the Fair Wage Policy and Contractual Trades Obligations.  

26.   City Council direct that the Owner agrees to withdraw the Local Planning Appeal Tribunal appeal of the fees levied by the City of Toronto for the processing of the applications for Official Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision within 14 days of an Official Plan and Zoning By-law amendment which provides for the development coming into full force and effect and obtaining Draft Plan Approval, to the satisfaction of the City Solicitor.

27.   City Council be advised that the Chief Planner and Executive Director, City Planning intends to authorize the City Solicitor to support the Local Planning Appeal Tribunal appeal of Draft Plan of Subdivision Application 16 236405 NNY 26 SB as generally illustrated on Attachment 19 to the report dated May 29, 2018 from the Chief Planner and Executive Director, City Planning.

28.   City Council direct that the City Solicitor request the Local Planning Appeal Tribunal to delegate the clearance of conditions of subdivision approval back to the Chief Planner and Executive Director, City Planning.

29.  City Council authorize the Director, Affordable Housing Office, to provide Open Door Affordable Housing Program incentives to the Owner, or the not for profit housing provider, to which Block 5A is conveyed, for up to 393 affordable rental housing dwelling units to be developed on the lands currently known as 844 Don Mills Road, 1150 and 1155 Eglinton Avenue East, subject to the approval of  an Open Door Application by the Director, Affordable Housing Office,  proposed by the Owner or the not for profit housing provider to which Block 5A is conveyed with the affordable rental housing to be operated substantially in accordance with the terms set out below:

"Affordable Rental Housing Terms and Conditions

Conditions of approval for the Open Door Affordable Housing Program:

a.  The owner or non-profit housing provider will submit an Open Door Affordable Housing Application for approval by the Director, Affordable Housing Office to be eligible for the City's Open Door incentives package.

b.  The City of Toronto's Affordable Rental Housing Design Guidelines will be used to inform the design of the Units.

c.  An affordable housing access plan satisfactory to the General Manager, Shelter, Support and Housing Administration, or his designate, addressing the following matters:

i.  Project description, including number of units and their bedroom size, number and bedroom size of units that are fully accessible, affordability requirements and funding/benefits provided;

ii.  Eligibility, including income thresholds, status in Canada, and occupancy standards;

iii.  Equity, diversity and human rights; if any part of the affordable housing is to be operated in accordance with a mandate to serve a targeted group, terms and condition based substantially upon Council's existing policies for social housing mandates adopted by Council at its meetings of November 26-28, 2002 and July 8, 9, 10 and 11, 2014;

iv.  An open, fair and transparent process for the selection of tenants, including up to 20 percent of the Units available to households in receipt of housing benefits and referred from the City's Housing Access System;

v.  Review and appeal process regarding tenant eligibility and selection;

vi.  Accountability, reporting and compliance; both initial and annual or other periodic reporting and right of audit.

d.  Obligations during the 25-Year Affordability Period:

i.  Affordable rents must be provided for a minimum of 25 years. Thereafter rents may be charged in accordance with the Residential Tenancies Act or successor legislation.

ii.  When entering into a tenancy agreement for a unit, household income cannot exceed four times the annual equivalent of the rent for the unit.

iii.  The owner will provide to the General Manager, Shelter, Support and Housing Administration a first occupancy report no later than 6 months before first occupancy to report on rents at occupancy.

iv.  The owner will provide to the General Manager, Shelter, Support and Housing Administration an annual occupancy report at the end of each calendar year to report on rents during year of reporting and average rents at year end.

v.  The owner will provide a management representation report including management declarations to the General Manager, Shelter, Support and Housing Administration.

vi.  The owner will provide information on the household income and household composition of the units rented to new tenants during the year to the General Manager, Shelter, Support and Housing Administration."

30.  City Council authorize the Director, Affordable Housing Office, to negotiate and, should the Owner and the Director, Affordable Housing Office mutually agree, execute a municipal capital facility agreement (a "Contribution Agreement") with the Owner or the not for profit housing provider to which Block 5A is conveyed for the up to 393 affordable rental housing dwelling units to be developed on the lands currently known as 844 Don Mills Road, 1150 and 1155 Eglinton Avenue East to secure rents below 100 percent of average market rents, with a target of 80 percent of average market rents or below, subject to approval of an Open Door Application by the Director, Affordable Housing Office, together with any security, financing or other documents required, as well as any amendments thereto required from time to time, on terms and conditions acceptable to the Director, Affordable Housing Office, in a form satisfactory to the City Solicitor. 

31.  Subject to approval of an Open Door Application by the Director, Affordable Housing Office, City Council exempt the up to 393 new affordable rental housing dwelling units to be developed on the lands currently known as 844 Don Mills Road, 1150 and 1155 Eglinton Avenue East from taxation for municipal and school purposes for the 25-year term of the municipal capital facility agreement.

32. Subject to approval of an Open Door Application by the Director, Affordable Housing Office, City Council authorize that the up to 393 new affordable rental housing dwelling units to be developed on the lands currently known as 844 Don Mills Road, 1150 and 1155 Eglinton Avenue East be exempt from the payment of development charges and be exempt from the payment of planning and park dedication fees and building permits under existing City policy.

33. City Council authorize the City Solicitor to execute, postpone, confirm the status of and discharge any City security documents registered with respect to the delivery of the affordable rental housing dwelling units as required by normal business practices, subject to the execution of the municipal capital facility agreement and that security is provided as referred to in Recommendation 30. 

34. City Council authorize staff to cancel or refund any taxes paid pursuant to the by-law exempting the property from taxation if authority is given for an exemption from taxation as set out in Recommendation 30. 

35. City Council authorize the Director, Affordable Housing Office to work with the General Manager, Shelter Support and Housing Administration, to secure up to 78 housing benefits (for 20 percent of the affordable rental housing), subject to available funding and the execution of the municipal capital facility agreement referred to in Recommendation 30. 

36. City Council authorize the General Manager, Shelter, Support and Housing Administration, or his designate, to establish with the Owner, or the not for profit housing provider, the terms and conditions of an affordable housing access plan for the up to 393 affordable rental housing dwelling units, which may include a mandate to operate a part of the affordable rental housing to serve a targeted group, and which shall include terms and conditions described in Terms and Conditions "c" in Recommendation 29 above, satisfactory to the General Manager or his delegate and in a form satisfactory to the City Solicitor.

37. City Council direct the Director, Affordable Housing Office to work with the Owner or the not for profit housing provider to secure additional funding and/or beneficial financing arrangements to further reduce rents or extend the affordability period.

These applications propose the redevelopment of the 60 acre (24 hectare) property at the northwest quadrant of Eglinton Avenue East and Don Mills Road into a new mixed-use, transit supportive community called Wynford Green. The proposal includes a total gross floor area of 461,953 square metres consisting of: 376,408 square metres of residential uses; 59,966 square metres of offices uses; 11,119 square metres of commercial and retail uses; 2,231 square metres of community uses including a not for profit child care facility; 25,720 square metres of affordable housing; and 2.57 hectares of parkland including land to accommodate a 12,229 square metre community centre.

There are 4,974 residential units proposed within buildings ranging in height from three and four storey townhouses, eight to ten storey midrise buildings and tall buildings with heights between 27 and 48 storeys. The office uses would be located within two buildings of eight and nine storeys situated closest to the Eglinton Avenue East and Don Mills Road intersection. Celestica Inc. is proposing to relocate their corporate headquarters into one of the office buildings adjacent to the intersection. Retail uses would be focused along the Don Mills Road frontage and along a new publicly accessible private retail street interior to the site.

The proposal includes a 2.25 hectare public park (5.58 acre) at the northeast end of the site and a 0.31 hectare (0.77 acre) public park at the south end of the site adjacent to Eglinton Avenue East. Wynford Drive is proposed to be extended west and south through the site along with a network of additional public streets (see Attachment 1: Master Site Plan).

The property at 844 Don Mills Road contains the former Canadian IBM head office and factory complex (now known as Celestica), completed in 1951 with later additions. The property was included on the City of Toronto's Heritage Register in 2006. The property at 1150 Eglinton Avenue East contains the former IBM Headquarters (Canada) building completed in 1967.  Both properties have been identified and evaluated by staff as significant examples representing the Modern Movement of Architecture. In order to acknowledge the history, place and important role that 844 Don Mills Road had in the evolution of the Don Mills Community, key features of the building will be retained and incorporated into the proposed development. These include the north and south entrance portals.  Staff have negotiated a conservation strategy for 1150 Eglinton Avenue East that incorporates the building's landmark qualities and conserves the prominent public view of the building from the south side along Eglinton Avenue East.

The site is proposed to be developed in a number of phases with the first phase consisting of the nine-storey Celestica office building (24,258 square metres), a total of 1,604 residential dwelling units (127,509 square metres) in the form of three residential apartment buildings with heights of 32, 34 and 39 storeys, three midrise buildings of 8 storeys, three to four storey freehold and stacked townhouses and the public park at the south end of the site adjacent to Eglinton Avenue East.

On December 1, 2017 the Owner appealed the Official Plan Amendment, Zoning By-law Amendment and Plan of Subdivision applications to the Local Planning Appeal Tribunal (LPAT) citing Council's failure to make a decision within the prescribed time frames set out in the Planning Act. Since the LPAT appeal, the applicant has continued to work collaboratively with staff in order to advance the applications and resolve outstanding issues. The applicant continued to attend community consultation meetings, present revisions and make their resubmitted plans, drawings and materials available online to the public through the City's website. On May 28th, 2018 the applicant submitted a with prejudice public settlement offer to the City for its consideration.

The proposal has been reviewed in conjunction with the City's Don Mills Crossing (DMC) Study. The Study, launched in 2016, is a comprehensive review of the anticipated growth around the intersection of Don Mills Road and Eglinton Avenue East that builds on the principles advanced through the Eglinton Connects Planning Study. The DMC Study will result in a new planning framework which will include implementation measures to support the co-ordinated development of a complete, sustainable, transit- oriented, mixed-use, mixed-income community predicated on a vibrant public realm, access to existing and proposed parks and open spaces, integration with the future Eglinton Crosstown LRT and new community services and facilities. The proposals report and draft Secondary Plan for the Don Mills Crossing Study will also be considered at the June 7, 2018 Planning and Growth Management Committee meeting together with this report.

The proposal by the applicant is appropriate and represents good planning. The master planned Wynford Green community is being proposed along a higher order transit corridor by utilizing an underdeveloped brownfield site that is isolated and disconnected from the surrounding community. The proposal integrates these lands into the larger community and the Eglinton LRT by introducing a network of public streets; providing active pedestrian and cycling connections; providing direct at-grade and underground connections to the future Eglinton LRT; two new public parks with land large enough to accommodate a new community centre; providing for a mix of uses including residential, retail, employment and community uses; retaining and incorporating heritage resources, a variety of building types and range of residential unit sizes; providing both rental and ownership affordable housing totalling approximately 390 dwelling units; and a non-profit child care facility. The proposal conforms to Official Plan policies, to Site and Area Specific Policy (SASP 511) and aligns with the emerging draft policy direction from the Don Mills Crossing Study.

The proposal will provide a number of sustainability initiatives including: the dedication of 3.77 hectares of open space to the City; electric vehicle charging stations and auto-share spaces; active transportation connections; ravine stewardship plan; bike sharing facilities; Toronto Green Standards Tier 2 bicycle parking standards; and other Tier 2 incentives that will be assessed during the site plan control process.

The purpose of this report is to seek Council's direction for staff representation at the LPAT hearing to support the settlement offer in principle, as outlined in this report and the with prejudice settlement offer letter dated May 28th, 2018 and continue to work with the applicant to resolve details of the proposal through the drafting of the detailed official plan and zoning by-law amendments and subdivision approval conditions. A pre-hearing conference has been set for September 14, 2018. A full hearing date has not yet been set.