Item - 2019.TE7.13

The Toronto and East York Community Council recommends that:

1. City Council amend the Official Plan, for the lands 11-25 Yorkville Avenue and 16-18 Cumberland Street substantially in accordance with the draft Official Plan Amendment attached as Attachment 6 to the report (June 24, 2019) from the Director, Community Planning, Toronto and East York District.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 11-25 Yorkville Avenue and 16-18 Cumberland Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to the report (June 24, 2019) from the Director, Community Planning, Toronto and East York District.

3. City Council amend Zoning By-law 438-86, for the lands at 11-25 Yorkville Avenue and 16-18 Cumberland Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 8 to the report (June 24, 2019) from the Director, Community Planning, Toronto and East York District.

4. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and/or draft Zoning By-law Amendments as may be required.

5. Before introducing the necessary Bills to City Council for enactment, the owner be required to enter into an Agreement pursuant to Section 37 of the Planning Act, and any other necessary agreements, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, with such Agreement to be registered on title to the lands at 11-25 Yorkville Avenue and 16-18 Cumberland Street in a manner satisfactory to the City Solicitor to secure the following community benefits at the owner's expense, including:

a. A financial contribution in the amount of $7,500,000.00 payable to the City prior to issuance of the first above-grade building permit, with such amount to be indexed upwardly in accordance with Statistics Canada Residential Building or Non-Residential Building Construction Price Index, as the case may be, for the Toronto Census Metropolitan Area, reported by Statistics Canada in the Building Construction Price Indexes Publication 327-0058, or its successor, calculated from the date of the Section 37 Agreement to the date of payment. The funds shall be directed as follows:

i. $2,500,000.00 towards capital improvements for new or existing Toronto Community Housing and/or affordable housing in consultation with the Ward Councillor;

ii. $2,500,000.00 towards capital improvements for new or existing cultural and/or community space, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; and

iii. $2,500,000.00 towards local area park or streetscape improvements, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Parks, Forestry and Recreation, and the Ward Councillor.

b. An additional 149 square metres of on-site parkland dedication above the required on-site parkland contribution pursuant to Section 42 of the Planning Act;

c. The provision of twenty (20) of the eighty-one (81) replacement rental units at reduced rents, comprised of ten (10) bachelor units at rents reduced from mid-range rents to eighty per cent (80%) of affordable rents, and five (5) two-bedroom and five (5) three-bedroom units at rents reduced from mid-range rents to affordable rents, all as defined by the Official Plan, all for a period of 20 years, beginning from the date of first occupancy, and all shall be offered to tenants in accordance with a Tenant Access Plan to ensure the benefit of the affordable units is linked to households in need of affordable housing, to the satisfaction of the Chief Planner and Executive Director, City Planning;

d. Should the City elect to close the public lanes, generally shown as Laneway A and Laneway B in Attachment 15 to the report (June 24, 2019) from the Director, Community Planning, Toronto and East York District, the owner agrees, at its sole expense, to convert and/or construct the portions of the public lane, generally shown as Laneway A and Laneway B in Attachment 15 to the report (June 24, 2019) from the Director, Community Planning, Toronto and East York District, for public parkland purposes to the satisfaction of the General Manager, Parks, Forestry and Recreation and General Manager, Transportation Services, and this may only occur if and when the north-south public lane along the eastern edge of the Site, is conveyed and assumed by the City to the satisfaction of the General Manager, Transportation Services;

e. 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 and maintain a Privately-Owned and Publicly-Accessible Space (POPS), with a minimum area of 248 square metres, on the lot with the specific location, configuration and design secured in a Site Plan Agreement with the City to the satisfaction of the City Solicitor, pursuant to Section 114 of the City of Toronto Act, 2006, as amended and as applicable, Section 41 of the Planning Act, as amended;

ii. The owner shall provide a minimum of 10 percent family sized units in the development, containing at least three bedrooms;

iii. The owner shall enter into a financially secured agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades and road improvements are required to support the development, according to the transportation report accepted by the General Manager of Transportation Services and the functional servicing and stormwater management report and/or any other engineering report accepted by, and to the satisfaction of, the Chief Engineer and Executive Director, Engineering and Construction Services and General Manager, Toronto Water;

iv. The owner shall provide space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapter 681-10; and

v. The owner shall enter into a maintenance agreement for the 455 square metre parkland dedication and converted lane generally shown as Laneway A and Laneway B in Attachment 15 to the report (June 24, 2019) from the Director, Community Planning, Toronto and East York District.

6. Before introducing the necessary Bills to City Council for enactment, the owner will be required to revise the Functional Servicing Report prepared by WSP Canada Group Ltd., dated March 23, 2018 and re-submit to the City for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and such report will determine, whether the municipal water, sanitary and storm sewer systems can support the proposed development and whether upgrades or improvements of the existing municipal infrastructure are required.

7. City Council accept an on-site parkland dedication pursuant to Section 42 of the Planning Act having a minimum size of 306 square metres and an on-site parkland dedication in accordance with Section 5.1.1 of the Official Plan and pursuant to section 37 of the Planning Act having a minimum size of 149 square metres for a total combined on-site parkland dedication of 455 square metres (the “Combined Parkland Dedication”), with the location and configuration of the Combined Parkland Dedication to be to the satisfaction of the General Manager, Parks, Forestry and Recreation as generally described in the report (June 24, 2019) from the Director, Community Planning, Toronto and East York District.

8. The Combined Parkland Dedication will be secured through the Section 37 Agreement, to the satisfaction of the General Manager, Parks, Forestry and Recreation, including securing the following:

a. The owner’s obligations to convey the Combined Parkland Dedication and to design and construct base and above-base park improvements, on terms and conditions set out in the Section 37 Agreement; and

b. The Combined Parkland Dedication to be transferred to the City shall be free and clear, above and below grade, of all easements, encumbrances, and encroachments and is to be conveyed to the City prior to the issuance of the first above-grade building permit, pursuant to the park policies set out in Section 3.2.3 of the Official Plan and to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

9. 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.

10. City Council approve the Rental Housing Demolition Application in accordance with Chapter 667 of the Toronto Municipal Code to allow for the demolition of eighty-one (81) existing rental dwelling units located at 11, 17, 19 and 21-25 Yorkville Avenue, subject to the following conditions:

a. The owner shall provide and maintain eighty-one (81) replacement rental dwelling units, comprised of seventeen (17) bachelor units, forty-five (45) one-bedroom units, twelve (12) two-bedroom units and seven (7) three-bedroom units, on the subject site for a period of at least twenty (20) years, beginning from the date that each replacement rental dwelling unit is first occupied, and as generally shown on the plans for the rental replacement component by Cecconi Simone dated March 2019 submitted to the City Planning Division with any revisions to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. The owner shall, as part of the eighty-one (81) replacement rental dwelling units required above, provide:

i. Twenty (20) replacement rental dwelling units for a period of at least twenty (20) years, beginning from the date of first occupancy, comprised of at least ten (10) bachelor units at eighty per cent (80%) of affordable rents, and five (5) two-bedroom and five (5) three-bedroom units at affordable rents; and

ii. Sixty-one (61) replacement rental dwelling units for a period of at least ten (10) years, beginning from the date of first occupancy, comprised of at least five (5) bachelor replacement rental dwelling units at affordable rents, and two (2) bachelor, forty-five (45) one-bedroom, seven (7) two-bedroom and two (2) three-bedroom replacement rental dwelling units at mid-range rents;

c. The owner shall provide tenants of the eighty-one (81) replacement rental dwelling units with access to all indoor and outdoor amenities in the proposed rental replacement building at no extra charge; access and use of these amenities shall be on the same terms and conditions as any other building resident without the need to pre-book or pay a fee, unless specifically required as customary practices for private bookings;

d. The owner shall provide nineteen (19) replacement rental dwelling units with a balcony or terrace;

e. The owner shall provide tenants of the eighty-one (81) replacement rental dwelling units with access to all bicycle parking and visitor parking on the same terms and conditions as any other resident of the building;

f. The owner shall provide tenant relocation and assistance to all eligible tenants occupying the rental dwelling units proposed to be demolished, including the right to return to a replacement rental dwelling unit, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and

g. The owner shall enter into and register on title one or more agreement(s), including a Section 111 Agreement and a Section 37 Agreement, to secure the conditions outlined above, including the matters related to the tenant relocation and assistance plan as detailed in the report (June 24, 2019) from the Director, Community Planning, Toronto and East York District, the Construction Mitigation Strategy and Tenant Communication Strategy and any other matters required to satisfy the conditions above, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

11. City Council authorize the Chief Planner and Executive Director, City Planning to issue the Preliminary Approval for the application under Chapter 667 of the Toronto Municipal Code for the demolition of the eighty-one (81) existing rental dwelling units at 11, 17, 19, and 21-25 Yorkville Avenue after all of the following have occurred:

a. the conditions in Recommendation 10 above have been fully satisfied;

b. The Official Plan and Zoning By-law Amendments have come into full force and effect;

c. The issuance of the Notice of Approval Conditions for site plan approval by the Chief Planner and Executive Director, City Planning or their designate, pursuant to Section 114 of the City of Toronto Act, 2006;

d. The issuance of excavation and shoring permits for the approved structure on the site; and

e. The execution and registration of a Section 37 Agreement pursuant to the Planning Act and/or other required agreements securing Recommendation 10 (a) through (f) and any other prescribed matters.

12. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Rental Housing Demolition under Municipal Code Chapter 667 after the Chief Planner and Executive Director, City Planning has given preliminary approval referred to in Recommendation 11 above.

13. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a demolition permit under Section 33 of the Planning Act no earlier than the issuance of the first building permit for excavation and shoring of the development, and after the Chief Planner and Executive Director, City Planning has given preliminary approval referred to in Recommendation 11 above, which permit may be included in the demolition permit for Chapter 667 under 363-11.1, of the Municipal Code, on condition that:

a. the owner remove all debris and rubble from the site immediately after demolition;

b. the owner erect solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building;

c. the owner erects a residential building on site no later than four and a half (4.5) years from the day demolition of the buildings is commenced; and

d. should the owner fail to complete the new building within the time specified in condition (C) above, the City Clerk shall be entitled to enter on the collector’s roll, to be collected in a like manner as municipal taxes, the sum of twenty thousand dollars ($20,000.00) for each dwelling unit for which a demolition permit is issued, and that each sum shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.

14. City Council authorize the appropriate City officials to take such actions as are necessary to implement the recommendations above, including execution of the Section 111 Agreement and other related agreements.

The Toronto and East York Community Council commenced a statutory public meeting on June 25, 2019 and notice was given in accordance with the Planning Act.

The applications propose to amend the Official Plan and Zoning By-law to permit a 62-storey (206 metres plus a 7-metre mechanical penthouse) mixed-use building with 2,467 square metres of retail uses on the ground and second floors and residential uses above at 11-25 Yorkville Avenue, and a 3-storey (13.5 metres) commercial building with 839 square metres of retail at 16-18 Cumberland Street. A total of 674 residential units, 235 vehicle parking spaces and 691 bicycle parking spaces are proposed. An open space comprised of a 455 square metre public park and a 248 square metre Privately-Owned Publically-Accessible Space (POPS) is proposed along the western edge of the property and connects to a stratified park previously secured as part of the development at 27-37 Yorkville Avenue and 26-50 Cumberland Street.

A Rental Housing Demolition application proposes to demolish the existing rental residential apartment buildings at 11, 19 and 21-25 Yorkville Avenue. The four existing buildings contain a total of 81 rental dwelling units. All 81 units would be replaced within the lower residential levels of the new 62-storey building on the subject site.

The proposed development is consistent with the Provincial Policy Statement (2014), conforms with the Growth Plan for the Greater Golden Horseshoe (2019), generally conforms with all relevant policies of the Official Plan, and is consistent with the Bloor-Yorkville/North Midtown Urban Design Guidelines and the Yorkville - East of Bay Planning Framework. The proposed development conforms with the development criteria for Mixed Use Areas and Downtown Official Plan policies, includes the second phase of the open space and pedestrian connection between Yorkville Avenue and Cumberland Street known as the Clock Tower Walkway, and fits in with the existing and planned context of the Bloor-Yorkville area.

This report reviews and recommends approval of the application to amend the Official Plan, Zoning By-law, and recommends approval of the Rental Housing Demolition, with conditions.