Item - 2018.TE32.8

The Toronto and East York Community Council recommends that:

1. City Council amend Zoning By-law 438-86, as amended, for the lands at 150 Eglinton Avenue East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 11 to the report (April 16, 2018) from the Acting Direction, Community Planning, Toronto and East York District.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 150 Eglinton Avenue East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 12 to the report (April 16, 2018) from the Acting Direction, Community Planning, Toronto and East York District.

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

4. Before introducing the necessary Bills to City Council for enactment, the owner of 150 Eglinton Avenue East shall withdraw their appeal to Official Plan Amendment No. 231.

5. 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 as follows:

a. The community benefits recommended to be secured in the Section 37 Agreement are as follows:

i. Prior to issuance of an above grade building permit, the owner shall make a cash contribution to the City in the amount of $1,000,000 to be allocated at the discretion of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor, toward any one or more of the following:

a. Public realm improvements in the Yonge-Eglinton Secondary Plan area; and/or

b. Additional community services and facilities in the Yonge-Eglinton Secondary Plan area in accordance with emerging infrastructure priorities identified in the Yonge-Eglinton Secondary Plan Review.

ii. The required cash contribution pursuant to Recommendation 5.a.i. above is to 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;

iii.  In the event the cash contribution in Recommendation 5.a.i. above has 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.

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

i. 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 (POPS) courtyard area of not less than 260 square metres, located generally along the Eglinton Avenue East frontage of the site, and shall convey, prior to the registration of the condominium, an easement along the surface of the lands which shall constitute the Privately Owned Publicly-Accessible (POPS), for nominal consideration, to the City. The specific location, configuration and design of the Privately Owned Publicly-Accessible (POPS) shall be determined in the context of site plan approval pursuant to Section 114 of the City of Toronto Act, 2006 and secured in a Site Plan Agreement with the City. The owner shall own, operate, maintain and repair the Privately Owned Publicly-Accessible (POPS) and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the Privately Owned Publicly-Accessible (POPS) at all times of the day and night, 365 days of the year;

ii. The owner shall construct, to the satisfaction of the Chief Planner and Executive Director, City Planning, an accessible public pedestrian walkway on the east portion of the subject property which shall have a minimum 2.1 metres pedestrian clearway and a minimum height of 4.5 metres and shall provide a direct at-grade connection from Eglinton Avenue East north along the east property line of the subject site.  Prior to first occupancy, 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;

 
iii. The owner shall pay for and construct any improvements to the municipal infrastructure in connection with the accepted Functional Servicing Report (February 2, 2018) prepared by WSP Canada Group Limited, to be submitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure is required to support this development.

iv. The owner shall provide on-site dog off-leash amenities with proper disposal facilities for the building residents or dog relief stations within the building.

The Toronto and East York Community Council held a statutory public meeting on May 2, 2018, and notice was given in accordance with the Planning Act.

This application proposes a 46-storey (167.0 metres, including 6.0 metre mechanical penthouse) mixed use building with a 6-storey base building, with retail uses on the first and second floors, office uses on floors 3 to 6, and 429 residential units in a tower above.  A total of 233 parking spaces are proposed in a 3-level underground garage accessed from Redpath Avenue.

Staff have reviewed the proposal and find it to be appropriate for the site in the context of the existing in force planning framework and Official Plan Amendment Nos. 231 and 289.  The proposal provides for 100% replacement of the existing office space on the site, and improves the public realm on Eglinton Avenue East by providing the 12-metre Eglinton Green Line setback.

This report reviews and recommends approval of the application to amend the Zoning By-law.