Item - 2019.NY3.1

North York Community Council recommends that:

1. City Council amend Zoning By-law No. 7625, for the lands at 30 Tippett Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 9 to the report (February 6, 2019) from the Director, Community Council, North York District.

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

3. Before introducing the necessary Bills to City Council for enactment, City Council require the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act, to be registered on title, to the satisfaction of the City Solicitor, to secure the following matters, services and facilities as follows:

a. prior to the issuance of an above-grade building permit the Owner shall make a financial contribution to the City in the amount of $1,950,000.00 to be allocated as follows at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor:

i.  $1,950,000.00 towards improvements to parks, recreational facilities and/or the public realm located within the vicinity of the application site;

 b. the financial contributions referred to in a. shall be indexed in accordance with the Statistics Canada Apartment Building Construction Price Index for Toronto calculated from the date of execution of the Section 37 Agreement to the date of submission of the funds by the Owner to the City; and

c. in the event the financial contribution referred to in a. above has not been used for the intended purpose within 3 years of the By-law coming into full force and effect, the cash contribution may be redirected for another purpose at the sole 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.

4.  City Council direct that the following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support the development:

a. the Owner shall provide and maintain to the satisfaction of the Chief Planner and Executive Director, City Planning, "Privately-Owned Publicly-Accessible Open Spaces (POPS) at the Ground Level of Buildings A and B" as identified on Context Plan & POPS Diagram, Drawing No. A100, prepared by gh3 Architects, dated April 24, 2018, and revised to November 9, 2018, Revision No. 4, with the specific location, configuration and design to be determined during Site Plan Control Approval and secured in a Site Plan Agreement with the City;

b. prior to registration of the first condominium on the lands, the Owner shall have completed construction of the "Privately-Owned Publicly-Accessible Open Spaces" referred to in a. above and shall convey public access easements to the City for nominal consideration, at no cost to the City and free and clear of encumbrances to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, on such terms and conditions as set out in the Section 37 Agreement, including provision for deposit of reference plans, environmental obligations as well as insurance and indemnification associated with public easements;

c. 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; and

d. the Owner shall provide the following Transportation Demand Management measures, to the satisfaction of the Director of Community Planning, North District:

i. the provision of 3 car-share spaces at publicly accessible locations;

ii. the provision for 20% of resident parking spaces designed with conduits to allow future installation of Electric Vehicle Supply Equipment (EVSE);

iii. the provision for one (1) visitor parking space installed with EVSE;

iv. the provision of five (5) vehicle pick-up/drop-off spaces to be available on a shared use basis for a taxi stand, pick-up/drop-off, ride share and service delivery;

v. the provision of a smart transportation information display in the northerly building lobby;

vi. the provision of $50,000.00 in funding to support the bike share program.  Location of the bike share station to be determined during the site plan control approval process; and

vii. the provision of two (2) bicycle repair stations.  The bicycle repair stations should be located near major cycling access points or bike parking locations.

5. 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 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 development in accordance with the City's Development Charges By-law, as amended from time to time.

6. City Council direct the City Solicitor and appropriate staff to attend the Local Planning Appeal Tribunal for Official Plan Amendment No. 309 and present such amendments to the policies contained in the Official Plan for the City of Toronto, as amended by City-initiated Official Plan Amendment No. 309 to give effect to this proposal.

7. City Council authorize the appropriate City Officials to take the necessary action to implement the foregoing, including execution of the contemplated agreements.

North York Community Council held a statutory public meeting on February 14, 2019 and notice was given in accordance with the Planning Act. No one addressed the North York Community Council on February 14, 2019.

This application proposes an Official Plan and Zoning By-law amendment to permit a 13-storey condominium building (340 units) and a 16-storey rental apartment building (176 units), for a total of 516 residential units at 30 Tippett Road.  As part of the total residential units, there are 50 affordable rental units and up to 50 affordable ownership units, proposed in the buildings.  The proposal includes approximately 1,033 square metres of non-residential gross floor area at grade within the condominium building.  A total of 361 parking spaces would be provided in a three level underground garage.  An overall floor space index (FSI) of 3.54 times the area of the lot is proposed.  The proposal also includes the conveyance to the City of a 1,554 square metre portion of the site towards the creation of a central public park.

The application is proposing a mixed use development in close proximity to the Wilson subway station entrance, providing a variety of uses and tenure of housing in the area including the provision of affordable rental dwelling units and affordable ownership dwelling units.  Staff are recommending approval of the development application as the proposal represents good planning.  The proposal conforms to the policies within the City's Official Plan and is consistent with the Council adopted Official Plan Amendment No. 309 (Tippett Road Study) and Site and Area Specific Policy No. 387 for the Tippett Road Area Regeneration Study.  The proposed development is also consistent with the Provincial Policy Statement (2014) and conforms and does not conflict with the Growth Plan for the Greater Golden Horseshoe (2017).

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