Item - 2019.TE11.5

The Toronto and East York Community Council recommends that:

1. City Council authorize and direct the City Solicitor and appropriate staff to attend the Local Planning Appeal Tribunal in support of the revised proposal prepared by Hariri Pontarini architects, dated November 13, 2019 for the requested Zoning By-law Amendment for the lands municipally known as 1141 Bloor Street West, 980 Dufferin Street, and 90 Croatia Street, as described in the report (November 25, 2019) from the Director, Community Planning, Toronto and East York District and subject to the recommendations below.

2. City Council authorize and direct the City Solicitor and appropriate staff to attend the Local Planning Appeal Tribunal in support of the application to amend the Official Plan for 1141 Bloor Street West, 980 Dufferin Street, and 90 Croatia Street, generally as described in Attachment 5: Draft Official Plan Amendment to the report (November 25, 2019) from the Director, Community Planning, Toronto and East York District and subject to technical and stylistic changes by the City Solicitor as required.

3. City Council authorize and direct the Chief Planner and Executive Director, City Planning and the City Solicitor to prepare the form of Zoning By-law Amendment(s) to both former  City of Toronto Zoning By-law 438-86, as amended, and City-Wide Zoning By-law 569-2013 that reflect and implement the revised proposal and the requirements set out in these recommendations, including the matters to be secured in the Section 37 Agreement with such modification as may be required to implement the revised proposal as described in the report (November 25, 2019), from the Director, Community Planning, Toronto and East York District.

4.  City Council accept an on-site parkland dedication pursuant to Section 42 of the Planning Act having a minimum size of 3,580 square metres, generally as shown on Attachment 6: Site Plan to the report (November 25, 2019) from the Director, Community Planning, Toronto and East York, with the exact size, location and configuration of the on-site parkland dedication to be to the satisfaction of the General Manager, Parks, Forestry and Recreation, and such on-site parkland dedication to be transferred to the City shall be in an acceptable environmental condition, free and clear, above and below grade, of all easements, encumbrances, and encroachments, with the exception of the Garrison Trunk Sewer.

5. City Council require that the parkland dedication shall be conveyed to the City, at no cost to the City, prior to the earlier of, (1) the issuance of a first above grade building permit for any of Phase 3, 4, or 5 (illustrated on the phases in Draft Phasing Plan in Attachment 12: Draft Phasing Plan, to the report (November 25, 2019) from the Director, Community Planning, Toronto and East York, and (2) the registration of all or any part of the development under the Condominium Act within Phase 2 of the Draft Phasing Plan to the satisfaction of the General Manager, Parks, Forestry and Recreation, and the City Solicitor.

6. 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 may be amended from time to time.

7. City Council authorize the City Solicitor to provide for in the Section 37 Agreement a permission of up to a maximum of one third of the public park (1,074 square metres) described in Recommendation 4 above to be used for staging purposes after the lands have been conveyed to the City to the satisfaction of the General Manager, Parks, Forestry and Recreation and such staging permission will be subject to the Parkland Occupation Permit Process, as detailed in the memorandum from Park, Forestry and Recreation, dated June 20, 2018.

8. City Council accept the general location and right-of-way width of the proposed new public street from Bloor Street West connecting south to Croatia Street for the purpose of the Zoning By-law Amendments, as generally shown on Attachment 6: Site Plan to the report (November 25, 2019) from Director, Community Planning, Toronto and East York. The conveyance of the proposed new public street to be transferred to the City shall be free and clear, above and below grade, of all easements, encumbrances, and encroachments and the following shall apply:

a. the owner shall, at its own cost, design, construct, build, and convey, a new public street from Bloor Street West connecting south to Croatia Street, that together with the right of way widening conveyance described below, will be a minimum of 18.5 metres in width generally as shown on the Draft Phasing Plan. The new public street, excluding the right of way widening, and development blocks are intended to be identified in a Plan of Subdivision, and the new public street and services will secured in the appropriate agreement(s), including any required works external to the plan of subdivision, such as the intersection improvements and signalization or signage, pedestrian/cycling infrastructure and construction of the right of way widening, all in accordance with the City’s applicable policies, standards and guidelines for public streets, including any required environmental assessments, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning.

b. the owner shall, at its own cost, ensure that all required water mains and sanitary sewers, and appropriate appurtenances, within the new public street in Recommendation 8.a. above have been installed, and are operational and timing is coordinated with the Final Phasing Plan, and secured as part of the Draft Plan of Subdivision and/or Section 37 Agreement, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. the owner shall provide to the City financial securities by way of an irrevocable letter of credit in the amount of 120-percent of the value required to secure the design and construction of the public street identified in Recommendation 8.a. above, all on terms and such time as are secured to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services; and

d. that the construction of the new public street and services may proceed concurrent with below grade construction on the lands rather than be required in advance of any building permit provided that, (1) the owner has entered into a subdivision agreement with the City to the satisfaction of the Chief Planner and Executive Directory, City Planning, Chief Engineer and Executive Director Engineering and Construction Services, (2) the construction of the public street and services proceed only once release for construction of services is obtained, (3) all other requirements of the Chief Building Official and Executive Director, Toronto Building have been satisfied, including provision of necessary services for construction purposes, and (4) the right of way widening referred to in Recommendation 10 below that will form part of the new public street has either been conveyed to the City to the satisfaction of the City Solicitor, or arrangements for its conveyance, including provision for timing and any required environmental remediation that may be required, have been made at the discretion of and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services. 

9. City Council require that the new public street, and associated services, identified in Recommendation 8 above be constructed and fully completed subject to modification to timing deemed appropriate by the Chief Planner and Executive Director, City Planning in the context of the subdivision review process, prior to the earlier of, (1) the issuance of a first above grade building permit for any of Phase 3, 4, or 5 in the Draft Phasing Plan, and (2) the registration of all or any part of the development under the Condominium Act for Phase 2a (the first of Building A or B) in the Draft Phasing Plan, satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, and General Manager, Transportation Services.

10. City Council direct that the owner be required to coordinate the timing of construction and dedication of the new public street, inclusive of the future right-of-way widening that is contemplated to be conveyed to the City to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services in the context of Consent Application 19 217341 STE 09 CO or as part Site Plan Application 18 126273 STE 18 SA relating to the demolition and construction of a new public school on adjacent lands, and such arrangements shall be on terms as set out in the Section 37 and/or the Subdivision Agreement with the City all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Transportation Services.

11. City Council require that pursuant to Section 37 of the Planning Act, the owner shall construct a residential building, known as Building F, in the northwest area of the property containing a minimum of 56 affordable rental housing units as part of the owner’s Section 37 contribution, and Building F will be conveyed to the City in fee simple on such terms and conditions to be secured in the Section 37 Agreement satisfactory to the Executive Director, Housing Secretariat, Chief Planner and Executive Director, City Planning, and the City Solicitor.

12. City Council direct that the Building F property shall be conveyed to the City, free and clear, above and below grade, of all easements, encumbrances, and encroachments, unless otherwise authorized by the City, upon completion of construction of the Building F, which shall be conveyed prior to the earlier of (1) any residential use on any part of the lands, and (2) the first registration under the Condominium Act of all or any part of the development on the lands to satisfaction of the Executive Director, Housing Secretariat, Chief Planner and Executive Director, City Planning and the City Solicitor.

13. City Council require that, prior to the issuance of the first above-grade building permit for any part of the development site, the Chief Financial Officer of Habitat for Humanity Greater Toronto Area (“Habitat”) shall confirm in writing to the City that it has entered into a binding agreement with the owner whereby a not-for-profit and affordable housing trust or entity, with its objective being the management of a set of funds for the creation and support of affordable housing, will created to receive a capital contribution from the owner in the amount of $9,000,000 to be used for the purpose of providing affordable housing in the City of Toronto, where a minimum of 50-percent shall be directed to affordable housing in Ward 9, and as part of the capital contribution, up to a maximum of $2,000,000.00 may be directed to the provision of community space in Ward 9 and such confirmation shall be to satisfaction of the Executive Director, Housing Secretariat, and the City Solicitor.

14. City Council require that, prior to the issuance of the last above grade building permit for the lands at 1141 Bloor Street West, 980 Dufferin Street, and 90 Croatia Street, the Chief Financial Officer of Habitat will confirm in writing to the City that the $9,000,000 has been contributed to the affordable housing trust and such confirmation shall be to satisfaction of the Executive Director, Housing Secretariat, and the City Solicitor.

15. City Council authorize the Executive Director, Housing Secretariat, to provide capital funding from the Development Charges Reserve Fund for Subsidized Housing (XR2116) in an amount not to exceed $11,000,000 of which:

a. $10,800,000 be directed towards the purchase of the 56 affordable rental housing units for Building F on the terms and conditions described in the Section 37 Agreement and the Agreement of Purchase and Sale; and,

b. $200,000 be provided to hire an architect and such other professionals deemed advisable to represent the City in design and construction-related matters for Building F on terms and conditions satisfactory to the Executive Director, Housing Secretariat.

16. City Council approve an increase to the 2020 Recommended Operating Budget for Shelter, Support and Housing Administration, in coordination with the Executive Director, Housing Secretariat, cost centre FH5417, of $11,000,000 gross, $0 net for the construction and purchase of affordable and/or supportive units on the Building F property, funded from the Development Charges Reserve Fund for Subsidized Housing (XR2116).

17. City Council authorize a minimum of 56 affordable rental housing units to be developed in the Building F to be exempt from the payment of development charges, building, planning, and parkland dedication fees in accordance with the terms of the City's Open Door Program.

18. City Council exempt a minimum of 56 affordable rental housing units to be developed in Building F from taxation, arising from By-law 124-2016 contemplated in recommendation 21 below, for municipal and school purposes for a term of 99 years commencing from date of first occupancy of the 56 affordable rental units in Building F.

19. City Council authorize City staff to cancel or refund any taxes paid from the by-law exempting the portion of the land on which Building F is proposed from taxation.

20. City Council authorize the Executive Director, Housing Secretariat, to negotiate and execute a municipal housing facility agreement (the City's Contribution Agreement) and any other agreements or documents necessary, including an assignment of the Contribution Agreement to the successful non-profit proponent under the competitive process for an operator, and provide any consent necessary under the Contribution Agreement, to secure the financial assistance being provided, and to set out the terms of the development and operation of the new affordable and/or supportive rental homes at the property on terms and conditions satisfactory to the Executive Director, Housing Secretariat, and in a form satisfactory to the City Solicitor.

21. City Council direct the City Solicitor to withhold entering the Bill to City Council for enactment regarding the municipal housing facility as authorized under section 252 of the City of Toronto Act, 2006, paragraph 18, section 2 of O.Reg 598/06, subsection 7(1) of O.Reg 598/06 and By-law 124-2016, until such a time as the Official Plan Amendment and Zoning By-law Amendment have come into full force and effect.

22. City Council authorize the Executive Director, Housing Secretariat to undertake a competitive process for the selection of a not for profit affordable rental housing provider to operate Building F as permanently affordable rental housing, under a long term lease with the City.

23. City Council direct that the Section 37 Agreement set out the processes and timing for negotiating the agreement of purchase and sale for the design, construction, purchase and turn-over of the minimum of 56 affordable rental units in Building F, and any other agreements or documents necessary, with the owner or its successor corporation and in consultation with the successful non-profit proponent under the competitive process for an operator, to the satisfaction of the Executive Director, Housing Secretariat, and in a form satisfactory to the City Solicitor, and that the agreement of purchase and sale be entered into prior to the issuance of the first above grade building permit for any portion of the development site.

24. City Council delegate authority to the Executive Director, Housing Secretariat, the General Manager, Shelter, Support and Housing Administration to execute, on behalf of the City, any security or financing documents required to secure the City's financial incentives and contributions, including any documents required by the owner of the lands, or a related corporation, or the successful non-profit proponent under the competitive process for an operator of Building F, to secure construction and conventional financing and subsequent refinancing, including any postponement, tripartite agreement, confirmation of status, discharge or consent documents where and when required during the term of the Contribution Agreement, as required by normal business practices, and provided that such documents do not give rise to financial obligations on the part of the City that have not been previously approved by City Council, and such arrangements are satisfactory to the City Solicitor.

25. City Council declare the lands on which Building F is situated surplus, effective as of the date the City acquires ownership, with the intended manner of disposal to be by way of a long-term lease, as contemplated by Recommendation 18 above to a not for profit affordable rental housing provider for the purposes of operating Building F permanently as affordable rental housing.

26. City Council delegate authority to the Director, Real Estate Services to take all necessary steps to implement Recommendation 25 above, in accordance with Chapter 213, Sale of Real Property of the City of Toronto Municipal Code.

27. City Council authorize the Executive Director, Housing Secretariat, to submit on behalf of the City request(s) to the Federal and/or Provincial Governments for any appropriate affordable housing program funding that may be or become available for Building F.

28. City Council authorize the Executive Director, Housing Secretariat, to negotiate and execute, on behalf of the City, any agreements and security required by the Federal and/or Provincial Governments to obtain the Federal/Provincial affordable housing program funding considered above on such terms and conditions deemed reasonable by the Executive Director, Housing Secretariat, and in a form approved by the City Solicitor.

29. City Council authorize the Executive Director, Housing Secretariat, to approve the acceptance of Federal/Provincial affordable housing program funding, in accordance with the Recommendations 27 and 28 above.

30. City Council authorize the Executive Director, Housing Secretariat, in the event that the Federal/Provincial affordable housing program funding contemplated above is allocated to the City for Building F, to decrease the funding for Building F from the City's Development Charges Reserve Fund for Subsidized Housing (XR2116) by the same amount as the Federal/Provincial affordable housing program funding allocation to the City for Building F, if deemed reasonable by the Executive Director, Housing Secretariat and the Chief Financial Officer.

31. City Council authorize the Executive Director, Housing Secretariat, to execute all other documents, security, consents, waivers and ancillary agreements with respect to the lease and operation of Building F, on behalf of the City, in a form satisfactory to the City Solicitor and the Director, Real Estate Services.

32. City Council authorize the Executive Director, Housing Secretariat, to execute, on behalf of the City, any funding agreements with the Province/Federal Government, assignments, security or financing documentation required by the City, the Province or lenders associated with Building F, when, and as, required, in a form satisfactory to the City Solicitor and in consultation with the Chief Financial Officer.

33. City Council authorize the Executive Director, Housing Secretariat, to make all decisions, including any necessary elections, waivers, approvals, consents and notices, on behalf of the City, as they relate to Building F, during the pre and post- construction and construction phases of Building F in accordance with the terms and conditions set out in the relevant agreement(s).

34. City Council direct the City Solicitor to secure the owner's agreement to design, construct, and convey the Community Hub and Child Care Centre to be located at 980 Dufferin Street in the Section 37 Agreement, including a minimum of 4 parking spaces for the Community Hub and Child Care Centre.

35. City Council require that prior to or concurrent with the registration of all or any part of the lands under the Condominium Act within Phase 4 (Building D) in the Draft Phasing Plan, and prior to the registration of all or any part of the lands under the Condominium Act within Phase 5 (Building C) in the draft phasing plan, and, in any event prior to any residential use of the building within Phase 4 (Building D) in the Draft Phasing Plan, the owner shall design, construct, and convey to the City, for nominal consideration and at no cost to the City, a minimum 30,000 square foot (approximately 2,787 square metres) Community Hub located in the lower two floors of the existing Kent School building (connected to Building D) in the Draft Phasing Plan, including an 8,000 square foot (approximately 743 square metre) Child Care Centre, in fee simple, and in an acceptable environmental condition, with the final design to be determined in the context of the site plan approval process, all satisfactory to the Director, Real Estate Services, the Chief Planner and Executive Director, City Planning, and the City Solicitor and prior to the issuance of a first above grade building permit for any part of the lands within Phase 4 (Building D) in the Draft Phasing Plan, the owner shall provide a letter of credit that is 120 percent of the value of the Community Hub and the Child Care Centre, along with a satisfactory cost estimate, to be constructed on the property and subject to the following terms in release of the credit, 50 percent at shell, 50 percent at substantial completion of the Community Hub and Child Care Centre; 10 percent at the end of the construction lien period; and 10 percent at the end of the warranty period (one year after the conveyance of the space to the City and/or occupancy).

36. City Council require that the Community Hub be delivered to the City finished to Base Building Condition, including, but not limited to, a fitted and operational community kitchen, electrical, plumbing, heating, venting and air conditioning service connections, with the terms and specifications to be finalized and secured in the Section 37 Agreement as agreed to between the City and the owner, all satisfactory to the Executive Director, Social Development, Finance and Administration, Director, Real Estate Services, the Chief Planner and Executive Director, City Planning, and the City Solicitor.

37. City Council require that The Child Care Centre will be designed, constructed, finished, furnished and equipped, all to the satisfaction of the Chief Planner and Executive Director, City Planning, the Director, Real Estate Services, the Executive Director, Social Development, Finance and Administration, and the Executive Director, Children Services, in accordance with Provincial and City of Toronto Child Care Development Guideline (2016) and secured in the Section 37 Agreement as agreed to between the City and the owner, and will be subject to the following:

a. the owner will provide a one-time financial contribution for defrayment of operational deficits incurred during the first year of operation based on the licensed capacity of the program (approximately $180,000), and a one-time financial contribution towards a replacement reserve fund for the Child Care Centre to replace appliances and large equipment (approximately $150,000), with such amounts will be finalized and secured in the Section 37 Agreement;

b. will be located on the ground floor in Building D, with a minimum size of 8,000 square feet (743 square metres) of interior space and 3003 square feet (279 square metres) of exterior space;

c. will be constructed, finished, furnished and equipped by the owner and be in accordance with the Child Care and Early Years Act 2014; CAN/CSA-Z614-03 Children's Play Spaces and Equipment or equivalent, Annex H; the Toronto Child Care Design and Technical Guideline R1 2016, the Toronto Accessibility Guidelines, the Toronto Green Development Standards – Tier 1 and 2; Children's Services Early Learning and Child Assessment for Quality Improvement, 2014 (AQI);

d. will accommodate a minimum number of 49 children, generally in accordance with the Child Care and Early Years Act 2014, and the City of Toronto's Child Care Development Guidelines and such minimum capacity of the Child Care Centre may be reduced at the sole discretion of the Chief Planner and Executive Director, City Planning in consultation with the General Manager, Children’s Services;

e. the details such as phasing, timing, location, obligations, and any such matters to implement the Child Care Centre will be coordinated with the Community Hub; and

f. a not for profit child care centre operator will be chosen through an Expression of Interest process, the child care centre operator must be approved by the General Manager, Children’s Services, and such child care operator meets the City of Toronto's not for profit status, and the Executive Director, Social Development, Finance and Administration, and the General Manager, Children Services are authorized to carry out such a processes.

38. City Council require that on, or prior to, the conveyance of the Community Hub and Child Care Centre as provided above, the City and the owner enter into, and register on title to, the appropriate lands an Easement and Cost Sharing Agreement for nominal consideration and at no cost to the City, that is in a form satisfactory to the City Solicitor. The Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement, and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the owner as they pertain to the Community Hub and the Child Care Centre, and the development to be constructed within Block D of the development.

39. City Council direct that if there are any development charges payable on the gross floor area associated with the Community Hub and/or Child Care Centre, the owner may apply for a refund of such development charges, and City Council authorize a refund of any development charges payable, if any are charged, for the gross floor area associated with the Community Hub and/or Child Care Centre, to the owner, without interest. However, the owner may not apply for a refund of such development charges until the Community Hub and the Child Care Centre have been conveyed to the City in a manner satisfactory to the City Solicitor and Director, Real Estate Services.  

40. City Council direct the City Solicitor to secure the owner's agreement to design, finance and construct a below-grade pedestrian tunnel connection linking the proposed building on Phase 5 (Building C) in the Draft Phasing Plan to the Dufferin Subway Station on the north side of Bloor Street West at no cost to the City or the Toronto Transit Commission, including the supply and installation of payment turnstiles/gates that provide access to Dufferin Subway Station via the Toronto Transit Commission entrance connection (if determined to be required by the Toronto Transit Commission), and such below-grade Toronto Transit Commission entrance connection shall be designed, constructed, repaired and maintained to the City and Toronto Transit Commission standards at the sole cost and expense of the owner. The cost, at the sole expense of the owner, is up to $8,000,000, and such maximum cost will be subject to a satisfactory cost estimate provided to the City confirming the maximum cost or identifying any increased cost required to ensure that the Toronto Transit Commission entrance connection will be completed satisfactory to the City and the Toronto Transit Commission and the owner.

41. City Council require that, prior to the earlier of any residential use and the registration of any residential component of the development under the Condominium Act within Phase 5 (Building C) in the Draft Phasing Plan, the owner will complete the Toronto Transit Commission Entrance Connection, at the sole cost and expense of the owner, and at no cost to the City or the Toronto Transit Commission, and a public access easement, or license as applicable, shall be provided to the City concurrently to provide access through the interior of Phase 5 (Building C) in the Draft Phasing Plan to the Toronto Transit Commission entrance connection to the Dufferin Subway Station in a manner and form satisfactory to the Director, Real Estate Services, the Toronto Transit Commission, and the City Solicitor.

42. City Council require that, prior to Site Plan Approval for Phase 5 (Building C) and prior to the issuance of any above grade building permit for Phase 5 (Building C) and prior to any works conducted within or below Bloor Street West as it relates to the Toronto Transit Commission Entrance Connection, the owner shall obtain all necessary approvals and enter into a Tunnel Encroachment Agreement and/or an Entrance Connection Easement Agreement with the City and/or the Toronto Transit Commission, at no cost to the City and/or Toronto Transit Commission, regarding the below-grade Toronto Transit Commission Entrance Connection, which shall include the required maintenance, licensing permissions, any required letters of credit prior to the construction for a period of time as specified in the agreement, insurance, indemnity and any necessary provisions, to the satisfaction of the General Manager, Transportation Services, the Director, Real Estate Services, the Toronto Transit Commission, and with such agreement(s) entered into, executed and registered on title satisfactory to the City Solicitor and subject to the following:

a. that the owner shall be responsible for all costs relating to the preparation, execution registration of the Tunnel Encroachment Agreement and/or the Entrance Connection Easement Agreement, including without limiting the generality of the foregoing: (i) a Toronto Transit Commission Entrance Connection Fee as determined by the Toronto Transit Commission, (ii) the costs for providing any surveys or reference plans that may be required by the City and/or the Toronto Transit Commission and (iii) all the registration costs relating to the registration of such agreements on title to lands owned by the owner in first priority subject to such permitted encumbrances as may be permitted by the City; and,

b. that the owner satisfy any required pre-conditions and post-conditions, including any agreements, easements, maintenance arrangements, and fees of the Toronto Transit Commission and the City in relation to the Toronto Transit Commission Entrance Connection, to the satisfaction of the General Manager, Transportation Services, the Toronto Transit Commission, and the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning. 

43. City Council require that the owner convey to the City, for nominal consideration and at no cost to the City or the Toronto Transit Commission, licences and/or public access easements, as may be required for public use of the proposed below-grade Toronto Transit Commission entrance connection, including any space internal to the building as required to access the below-grade Toronto Transit Commission entrance connection to the satisfaction of the City Solicitor.

44. City Council require that, prior to the earlier of any residential use and the registration of any component of the development under the Condominium Act, within Phase 5 (Building C) in the Draft Phasing Plan, the owner will construct the plaza area, which includes the plaza at the northeast corner of the Project lands and the two pedestrian mews on the north and south sides of the Kent School connecting between Dufferin Street (the “POPS Areas”) and the private street, and subject to the following:

a. the owner shall convey a surface easement to the City, including support rights, at no cost to the City, for public access over the POPS Areas and private street, where the owner shall operate, maintain, and repair the POPS Areas and the private street, at its own expense, and the public shall be entitled to use the POPS Areas and private street at all times of the day and night, 365 days of the year, unless otherwise reduced times are authorized by the City;

b. the details of terms and conditions relating to the POPS Areas and private street, including indemnity and insurance requirements will be included in the Section 37 Agreement;

c. the plaza area POPS shall be a minimum size 150 square metres;

d. the north pedestrian mews POPS Areas shall be a minimum width of 9.5 metres and the south pedestrian mews POPS Areas shall be a minimum width of 6.1 metres, and exclusive of any architectural features such as overhangs, canopies, building entry stairs, accessible entrances, landscaping, bicycle parking areas and outdoor play areas which may encroach;

e. the private street, connecting Bloor Street West to Croatia Street shall be a minimum width 20.0 metres as shown on the Plans, including the activity zone, landscaping, bicycle parking areas and sidewalks; and,

f. the specific configuration and design of the private street and the POPS Areas shall be determined in the context of a Site Plan Approval application pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City, including any require signage relating to public access, satisfactory to the Chief Planner and Executive Director, City Planning.

45. City Council direct the Chief Planner and Executive Director to ensure that the following built form parameters are secured in the proposed Zoning By-law, in particular:

a. Building A shall be a maximum of 11 storeys and a maximum building height of 43.5 metres, inclusive of a mechanical and amenity penthouse;

b. Building B East shall be a maximum of 37 storeys and a maximum building height of 123.9 metres, plus a mechanical penthouse;

c. Building B West shall be a maximum of 34 storeys and a maximum building height of 114.9 metres, plus a mechanical penthouse;

d. Building C shall be a maximum of 32 storeys and a maximum building height of 108.1 metres, plus a mechanical penthouse;

e. Building D shall be a maximum of 19 storeys and a maximum building height of  62.1 metres, plus a mechanical penthouse;

f. Building E shall be a maximum of 22 storeys and a maximum building height of  76.2 metres, plus a mechanical penthouse;

g. Building F shall be a maximum of 8 storeys and a maximum building height of 27.0 metres, plus a mechanical penthouse; and,

h. the requirement to provide a minimum of 20 percent of the total residential units as 2-bedroom units, and a minimum of 11 percent of the total residential units as 3-bedroom units to the satisfaction of the Chief Planner and Executive Director, City Planning; and,

i. the requirement to provide a minimum of 1.3 square metres of outdoor amenity space per unit, and a minimum of 1.5 square metres of indoor amenity space per unit for all market units to the satisfaction of the Chief Planner and Executive Director, City Planning.

46. City Council authorize and direct the City Solicitor to request that the Local Planning Appeal Tribunal withhold its Order respecting the approval of the Zoning By-law Amendment until such a time as:

a. the proposed Official Plan Amendment has come into force prior to, or will come into force concurrently with, the proposed Zoning by-law Amendment for the property in a form and content satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor;

b. the proposed Zoning By-law Amendment for the property are in a content and form satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor;

c. the owner has provided a final form of Phasing Plan, in a content and form acceptable to the Chief Planner and Executive Director, City Planning in consultation with the General Manager, Transportation Services, the General Manager, Parks, Forestry and Recreation, the Chief Engineer and Executive Director, Engineering and Construction Services, the Toronto Transit Commission, the Director, Children's Services, the Director, Housing Secretariat, Director, Real Estate Services, and the City Solicitor;

d. the owner has, at its sole expense:

i. submitted a revised Functional Servicing Report, together with supporting documentation, including confirmation of water and fire flow, sanitary and storm water capacity, Stormwater Management Report and Hydrogeological Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

ii. confirmed that the implementation of the Engineering Reports that are accepted by the Chief Engineer and Executive Director, Engineering and Construction Services either do not require changes to the proposed Zoning By-law Amendment or any such required changes have been made to the proposed Zoning By-law Amendment to the satisfaction of the Chief Planner and Executive Director, City Planning, the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services;

iii. filed a complete revised Draft Plan of Subdivision application to the City, including updated plans, drawings, reports and studies in support of the same, which reflect the revised proposal for circulation and comment by all applicable divisions, agencies and boards, both internal and external, to the City, the circulation of the Draft Plan of Subdivision shall have been completed and the Chief Planner and Executive Director, City Planning, shall be satisfied with the Draft Plan of subdivision, and shall have prepared draft plan approval conditions in acceptable form for approval of the Local Planning Appeal Tribunal, as applicable; and,

iv. to secure the design and the provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure and/or new municipal infrastructure identified in the accepted Engineering Reports to support the development, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and such upgrades or improvements shall have been secured at the discretion of the Chief Engineer and Executive Director, Engineering and Construction Services in the Section 37 Agreement and/or in a Subdivision Agreement with the City. 

e. arrangements are in place to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, for the construction and City acquisition of that portion of the proposed public street located outside of the property, including, if necessary, use of the Consent Application B0087/19TEY;

f. the owner has entered into a Section 37 agreement with the City that has been executed, and registered on title to the property all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor securing the owner's Section 37 contributions identified in Recommendations 11 and 12 above and the matters agreed to and/or required in support of the development of the property as identified in Recommendations 4 to 10, and 13 to 46.a.-e. above, in addition to the following matters below:

i. the requirement of the owner to enter into a Heritage Easement Agreement with the City for the property at 980 Dufferin Street (Kent School) in a form and content, including the requirement for a conservation plan, satisfactory to the Senior Manager, Heritage Preservation Services, Urban Design, City Planning and registered on title in a manner satisfactory to the City Solicitor;

ii. the requirement of the owner to provide, prior to the issuance of the first above-grade building permit for any portion of the property, a Commemoration Plan for the Bloor Collegiate Institute building that includes, among other matters, retention of portions of the of the façade of the Bloor Collegiate Institute building at 1141 Bloor Street West, and the dismantling, relocation, and reconstruction of other portions of Bloor Collegiate and/or the Timothy Eaton Embroidery Factory building in a content and form satisfactory to the Chief Planner and Executive Director, City Planning, in consultation with the Senior Manager, Heritage Preservation Services, Urban Design, City Planning;

iii. that the owner construct and maintain the development of the property in accordance with Tier 1 performance measures of the Toronto Green Standard, and the owner aim to achieve Toronto Green Standard, Tier 2 or higher;

iv. that the owner submit a wind study, including the required wind tunnel test, prior to the issuance of final Site Plan Approval, and implement any mitigation measures identified in the analysis to the satisfaction of the Chief Planner and Executive Director, City Planning; and,

v. mechanisms to ensure coordination of the entirety of the new public street and services contemplated through the Draft Plan of Subdivision in a form satisfactory to the Chief Planner and Executive Director, City Planning and the Chief Engineer and Executive Director, Engineering and Construction Services.

47. City Council authorize and delegate the authority of the Chief Planner and Executive Director, City Planning, in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services, and in the context of the Draft Plan of Subdivision, to make final determinations as to any modifications required relating to the timing, phasing, and implementation of municipal infrastructure and municipal services to be provided to the City, including the right of way widening that will form part of the new public street referred to in Recommendation 10 above, and for securing the same pursuant to Section 37 Agreement and/or a Subdivision Agreement, with such determination to include the timing for entering into any Subdivision Agreement as well as timing for registration of the plan of subdivision.

48. City Council authorize that in the event that there are any land conveyances related to City to be obtained that are not otherwise captured under the Section 37 Agreement, a Site Plan Agreement, Consent Agreement or a Subdivision Agreement, then the Director, Real Estate Services be authorized to execute any and all documents in relation to such matters, subject to the terms and conditions set out therein, and the City Solicitor be authorized to complete the transaction contemplated by the land conveyances, including amending the closing, due diligence and other dates, and amending and waiving terms and conditions, on such terms as the City Solicitor considers reasonable.

49. City Council authorize and direct City Officials to take the necessary steps to implement the recommendations above, including execution of the Section 37 Agreement and any other necessary agreement(s).

This application proposes a large-scale, mixed-use redevelopment of the Toronto District School Board (TDSB) land, located at the southwest corner of Bloor Street West and Dufferin Street, municipally known as 1141 Bloor Street West, 980 Dufferin Street, and 90 Croatia Street. The application proposes:

- 6 buildings ranging in height from 8 to 37 storeys;

- a new City-owned affordable rental residential building;
 

- a City-owned Community Hub, inclusive of a City-owned childcare centre;
 

- a new public park;
 

- a below-grade connection to the Dufferin Subway Station;
 

- a new north-south public street and a new north-south private street providing

connections from Bloor Street West south to Croatia Street;
 

- two east-west pedestrian pathways from Dufferin Street into the interior of the site;
 

- a privately-owned publically accessible space (POPS) at the corner of Bloor Street West and Dufferin Street;
 

- the heritage conservation and designation of the Kent School building at 980 Dufferin Street; and, the commemoration of the Bloor Collegiate Institute building generally at 1141 Bloor Street West.

An application to amend the Official Plan and the former City of Toronto Zoning By-law 438-86, along with a Draft Plan of Subdivision application, was submitted to the City for review on September 22, 2017. An associated Site Plan Control application was subsequently submitted on April 26, 2018. City Planning staff were not supportive of the initial proposal, broadly identifying concerns of overdevelopment of the sight resulting from excessive heights, and concern of the proposal's lack of fit within, and transition to, the low-scaled surrounding residential and commercial context.

The applicant appealed the Official Plan and Zoning By-law Amendment application and the related Draft Pan of Subdivision and Site Plan Control applications to the Local Planning Appeal Tribunal on March 26, 2018, citing the City's failure to issue a decision within the time prescribed by the Planning Act.

This report reviews the revised application, and requests that City Council authorize the City Solicitor and appropriate City Staff to attend the LPAT in support of the revised submission, dated November 13, 2019, proposing to amend the Official Plan and the Zoning By-law. The revised application proposes a transit-oriented mixed-use development on the Toronto District School Board lands which currently contains a public high school. The revised application proposes a built form that transitions well to the surrounding context, new connections that will knit this property back into the existing fabric of the surrounding neighbourhood, and along with public city-building components, will create a complete community, and a new focal point in the Bloor and Dufferin neighbourhood.