Item - 2018.TE31.7

The Toronto and East York Community Council recommends that:

1. City Council amend the Official Plan, for the lands at 88 Queen Street East, 10 Mutual Street and parts of 30-50 Mutual Street substantially in accordance with the draft Official Plan Amendment attached as Attachment 9 to report (March 15, 2018) from the Acting Director, Community Planning, Toronto and East York District.

2. City Council amend Zoning By-law 438-86, for the lands at 88 Queen Street East, 10 Mutual Street and parts of 30-50 Mutual Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 10 to the report (March 15, 2018) from the Acting Director, Community Planning, Toronto and East York District.

3. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 88 Queen Street East, 10 Mutual Street and parts of 30-50 Mutual Street substantially in accordance with the draft Zoning By-law Amendment 569-2013 attached as Attachment 11 to the report  (March 15, 2018) from the Acting Director, Community Planning, Toronto and East York District.

4. 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.

5. Before introducing the necessary Bills to City Council for enactment, require the owner to satisfy outstanding items in relation to servicing, solid waste, and groundwater discharge for the proposed development and submit revised servicing and storm water management reports and associated municipal servicing plans to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

6. 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 to secure the following prior to issuance of the first above-grade building permit, the owner shall pay by  certified cheque payable to the Treasurer – City of Toronto, a financial contribution in the amount of $3.3 million dollars to be applied in the vicinity of the site and allocated at the discretion of the Acting Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor as follows: $1.1 million to park or streetscape improvements; $1.1 million to community, recreation and/or cultural space improvements and $1.1 million for purpose built rental housing with mid-range or affordable rents and/or land for affordable housing and/or affordable ownership housing;

a. prior to issuance of the first above-grade building permit, the owner shall pay by  certified cheque payable to the Treasurer – City of Toronto, a financial contribution in the amount of $3.3 million dollars to be applied in the vicinity of the site and allocated at the discretion of the Acting Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor as follows: $1.1 million to park or streetscape improvements; $1.1 million to community, recreation and/or cultural space improvements and $1.1 million for purpose built rental housing with mid-range or affordable rents and/or land for affordable housing and/or affordable ownership housing;

b. the cash contribution pursuant to Recommendation 6.a. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto calculated from the date of execution of the Section 37 Agreement to the day the payment is made;

c. prior to issuance of the first above-grade building permit for each of Phase 2A and 2B, the owner shall pay by cash or certified cheque payable to the Treasurer – City of Toronto, a financial contribution in the amount of $300,000 dollars per phase to be allocated at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor toward one or more of the following: the establishment and/or the improvement of a community facility at 261 Jarvis Street; off-site streetscape improvements within the Shuter Street right-of-way; and/or other local community facilities;

 
d. the cash contribution pursuant to Recommendation 6.c. above, originally secured pursuant to By-law 108-2005, shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto calculated from March 16, 2005 to the day the payment is made;

 
e. in the event the cash contributions in Recommendation 6.a. and 6.c. above has not been used for the intended purpose within three (3) years of the by-law coming into full force and effect, the cash contributions may be redirected for another purpose(s), at the discretion of the Acting Chief Planner and Executive Director City Planning, in consultation with the Ward Councillor, provided that the purpose(s) is identified in the Official Plan and will benefit the community in the vicinity of the lands;

f.  a Public Art contribution in the amount of $1.5 million prior to the earlier of any residential use or occupancy and registration of the first condominium on Phase 2B on terms set out in the Section 37 Agreement and to the satisfaction of the Chief Planner and Executive Director, City Planning; 

g. the following matters are also recommended to be secured in the Section 37 Agreement in support of the development:

 
i. the owner shall pay for and construct any improvements to the municipal infrastructure in connection with the site servicing assessment, should it be determined that upgrades are required to the infrastructure to support the development, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

ii. prior to the issuance of the first above-grade building permit, the owner shall post securities and make satisfactory arrangements to guarantee completion of the construction of any municipal infrastructure required to service the site in accordance with the accepted servicing and storm water management reports and associated municipal servicing plan, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
 

iii. prior to the issuance of the first building permit on the site, the owner shall grant to the City, for the use of the TTC, a 3 meter buffer along the south property line in fee simple and negative support and access easements, if required, with the detailed requirements determined through a TTC Technical Review, to the satisfaction of the Toronto Transit Commission;
 

iv. prior to the issuance of the first building permit on the site, the owner shall provide confirmation from St Michael's Hospital, or their representative, that any temporary (including construction cranes) and permanent structures are below or outside the protected flight path to the satisfaction of the Acting Chief Planner and Executive Director, City Planning;
 

v. provision that neither of the two midblock buildings proposed to be linked will include units that have principal rooms with principal windows directly facing the adjacent linked building to the satisfaction of the Acting Chief Planner and Executive Director, City Planning;
 

vi. the owner shall construct and maintain to the satisfaction of the Acting Chief Planner and Executive Director, City Planning, an area of not less than 847 square meters at grade for use by the general public as publicly accessible, privately–owned open space (POPS), along the east side of the block and in the southeast corner of the site in a location generally identified in the Zoning By-law Amendments, with the location configuration and design of the POPS to be determined in the context of site plan approval to the satisfaction of the Acting Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor and secured in a Site Plan Agreement with the City;
 

vii. the owner shall construct and maintain, to the satisfaction of the Acting Chief Planner and Executive Director, City Planning, at grade publicly accessible pedestrian walkways having a minimum 7.5 meter width for the west-east mid block connection and a minimum  8.3 meter width for the north-south pedestrian mews connection with the details of the location, configuration and design of the POPS to be determined in the context of site plan approval to the satisfaction of the Acting Chief Planner and Executive Director, City Planning, and secured in a Site Plan Agreement with the City;

viii. prior to the earlier of any non-residential or residential use or occupancy and registration of the first condominium on Phase 2B, the owner shall have completed construction of the POPS and pedestrian walkways referred to in 6e.vi. and 6e.vii. above and shall prepare all documents and convey to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor, free and clear of encumbrances and for nominal consideration, a public access easement in perpetuity in favour of the City over the POPS and the pedestrian walkways, including rights of support as applicable, on such terms and conditions as are set out in the section 37 agreement, including provision for insurance and indemnification associated with public access easements;

ix. prior to the issuance of the final building permit on each of Phases 2A and 2B, the owner shall prepare all documents and  convey to the City, at nominal cost and free and clear of encumbrances, on a proportional basis, a 0.6 m wide road widening along the westerly limit of the lot for the widening of Dalhousie Street to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services on terms and conditions as are set out in the section 37 agreement, including environmental requirements in accordance with City Council policies respecting environmental conditions of lands being conveyed to the City; and,
 

h. in addition to the matters set out in Recommendation 6.g. above the section 37 Agreement will also secure the owner's obligations to convey a public park respecting parkland contributions for both Phase 1 and Phase 2 in the location shown on the Zoning By-law Amendments having a minimum size of 962 square meters (the "Proposed Park") and to design and construct base and above-base park improvements, on terms and conditions set out in the section 37 Agreement to the satisfaction of the General Manager, Parks Forestry and Recreation, including the following: 

i. prior to the issuance of the first above-grade building permit for all or any part of Phase 1, excluding a permit for demolition or a rental/sales centre, the owner shall register a Section 118 restriction on title to the Proposed Park, in form and priority to the satisfaction of the City Solicitor, to secure the conveyance to the City;

ii. the owner shall prepare all documents and convey the Proposed Park to the City to the satisfaction of the General Manager, Parks Forestry and Recreation prior to the earlier of any residential or non-residential use of all or any part of Phase 1, including first or interim occupancy, and registration of the first condominium pursuant to the Condominium Act, 1998, on all or any part of Phase 1 and the remaining 22m2  of parkland dedication be made by cash in lieu payment prior to issuance of the first above-grade  building permit for all or part of Phase 2A;

iii. prior to conveyance of the Proposed Park to the City, the owner shall complete all required environmental assessment and remediation of the lands in order to meet applicable laws, regulations and guidelines respecting sites to be used for public park purposes, including City Council policies respecting remediation of lands being conveyed to the City, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

iv. prior to issuance of the first above grade building permit for all or any part of Phase 1, the owner shall submit all necessary plans and drawings and financial security equal to 120 percent of the estimated cost of base park improvements to the satisfaction of the General Manager, Parks Forestry and Recreation;

v. prior to issuance of the first above grade building permit for all or any part of Phase 1, the owner shall submit a design and cost estimate for the above base park improvements together with financial security in the amount of 120 percent of the Parks and Recreation Development Charges payable for development within such Phase 1 to the satisfaction of the General Manager, Parks Forestry and Recreation and, prior to issuance of the first above grade building permit for all or any part of the respective subsequent phase, the owner shall submit financial security in the amount of 120 percent of the Parks and Recreation Development Charges payable for the development within the subsequent phase, as required to the satisfaction of the General Manager Parks, Forestry and Recreation;

vi. within four months after issuance of the first above-grade building permit for all or any part of Phase 1, the owner shall submit detailed working drawings, specifications and landscape plans showing the scope of work for the above base park improvements for review and approval of the General Manager, Parks Forestry and Recreation;

vii. the owner shall install and maintain at its own expense, temporary perimeter fencing around the Proposed Park until completion of park construction;

viii. the owner shall complete construction of the base park improvements and above base park improvements not more than six months after the conveyance of the Proposed Park to the City, to the satisfaction of the General Manager, Parks, Forestry and Recreation, subject to extensions for seasonality at the discretion of the General Manager, Parks, Forestry and Recreation;

ix. following completion of the base park improvements and the above base park improvements to the satisfaction of the General Manager, Parks Forestry and Recreation, the owner shall provide as built drawings together with certification from a landscape architect certifying that the work has been completed in accordance with the approved drawings and, further, the owner shall be required to guarantee all work and associated materials for a two year period; and

 
x. in the event that Phase 2 proceeds to first building permit in advance of Phase 1, all obligations set out in Recommendation 6.h.i. to viii. above shall apply to Phase 2, read with the necessary modification.

i. all conveyances to the City, including easements, shall be for nominal consideration, free and clear of encumbrances and at no cost to the City on terms set out in the Section 37 Agreement to the satisfaction of the City Solicitor and the owner shall be responsible to prepare, submit to the City for approval and deposit all required reference plans to describe the lands being conveyed.

 
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 for the Zoning Bylaw Application (16 165239 STE 27 OZ) associated with Phase 2 of the proposed development at 88 Queen Street East; the development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing 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 Phase 2 development in accordance with the City's Development Charges By-law, as may be amended from time to time.

8. City Council authorize appropriate City Officials to take such  actions as are necessary to implement the recommendations above, including execution and implementation of  such agreement or amending agreement as may be appropriate to secure the matters, services and facilities required pursuant to Section 37 of the Planning Act.

9.  City Council direct the Chief Planner and Executive Director, City Planning and the applicant, in consultation with City Planning, Transportation Services, Parks, Forestry and Recreation and any other necessary City officials, to create a working group and 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 and traffic management plan, landscape and public realm plans, building materials and lighting, and other issues as identified by the Ward Councillor.

10.  City Council authorize the City Solicitor to make such changes to the draft Zoning By-law Amendments as may be required to implement the recommendations above, including additional mapping to identify the phases referred to in the recommendations above. 

The Toronto and East York Community Council held a statutory public meeting on April 4, 2018, and notice was given in accordance with the Planning Act.

 A development proposal relating to an entire City block bounded by Queen Street East, Mutual Street, Shuter Street and Dalhousie Street was approved by City Council in 2005.  Official Plan and zoning amendments were enacted at that time and a Section 37 Agreement was entered into.  Phase 1 of the development proposal (being the northern portion of the block) is presently being developed under the existing zoning, amended through variance approvals, and the associated Site Plan Control application currently under review.

This Official Plan Amendment and Zoning Amendment application applies only to the Phase 2 portions of the lands, being the mid and southern portions of the block as identified on the key map.  The applications propose three mixed-use towers separated or interspaced by a public park, Privately Owned Publicly accessible Space (POPS) and pedestrian mews.  The three towers, two of which are linked by sky bridges, would be 49, 27, & 28 storeys.  A total of 1,126 residential units and 137 hotel rooms are proposed.  There would be 85,661 m2 of residential and 11,552 m2 of non- residential gross floor area; the total gross floor area would be 97,218 m2.  These statistics apply only to the Phase 2 portions of the development.

City Planning recommends that Council approve the Official Plan and Zoning By-law Amendment applications.  The introduction of a public park into this City block and the proposed POPS within Phase 2 are compatible with the adjacent original Phase 1 presently under development.  The proposal is consistent with the PPS and conforms to the Growth Plan.  The proposed development has been designed in the form of a complete community.  The introduction of a publicly accessible pedestrian mews connecting the proposed public park, POPS and Queen Street East provides porosity though the site, integrates with Phase 1 and thereby makes a significant contribution to the public realm. Section 37 contributions have been agreed upon and will be secured through one or more agreements pursuant to Section 37 of the Planning Act.

This report reviews and recommends approval of the applications to amend the Official Plan and Zoning By-law.