Item - 2019.TE7.7

The Toronto and East York Community Council recommends that:

1. City Council amend the Official Plan for the lands located south of Dundas Street West, east of Augusta Avenue, north of Paul Lane Gardens, and west of Cameron Street, being Phase 2 within the Alexandra Park and Atkinson Co-op Revitalization, substantially in accordance with the draft Official Plan Amendment 458 attached as Attachment 6 to the report (June 7, 2019) from the Director, Community Planning, Toronto and East York District.

 
2. City Council amend Zoning By-law 438-86, as amended, for the lands located south of Dundas Street West, east of Augusta Avenue, north of Paul Lane Gardens, and west of Cameron Street, being Phase 2 within the Alexandra Park and Atkinson Co-op Revitalization, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to the report (June 7, 2019) from the Acting Director, Community Planning, Toronto and East York District, amended by adding the following:

Holding Provision 

a. Lands zoned with the "h" Holding Symbol shall not be used for any purpose other than those lawfully existing on the date of passing of this By-Law until the "h" Holding Symbol has been removed. An amending by-law to remove the "h" Holding Symbol in whole, or in part, shall be enacted by City Council when the following plans and studies have been submitted for the lands from which the "h" Holding symbol is proposed to be removed to the satisfaction of the Chief Planner and Executive Director, City Planning secured through an agreement or agreements binding on the owner and successors entered into pursuant to Sections 37, 41 or 51 of the Planning Act, or any combination thereof, as appropriate:

i. submission of updated Detailed Context Plans, to the satisfaction of the Chief Planner and Executive Director, City Planning;

ii. submission of updates to the Construction Mitigation and Safety Plan, and Tenant Communication Strategy, to the satisfaction of the Chief Planner and Executive Director, City Planning;

iii. provision of a Tenant Relocation and Assistance Plan, and periodic updates to the Plan, being satisfactory to the General Manager, Shelter, Support and Housing Administration and the Chief Planner and Executive Director, City Planning;

iv. execution of a subdivision agreement satisfactory to the Chief Planner and Executive Director, City Planning pursuant to Section 51 of the Planning Act;

v. periodic Housing Issues report updates relating to each phase of revitalization demonstrating adequate progress in the replacement and/or refurbishment of social housing units to the satisfaction of the Chief Planner and Executive Director, City Planning;

vi. submission of a satisfactory Community Service and Facility Implementation Plan, which will include a financial strategy to finance any determined required community service or facility to the satisfaction of the Chief Planner and Executive Director, City Planning; and

vii. confirmation of funding or financing of transportation infrastructure, servicing infrastructure, parks, and/or community facilities required to support development to the satisfaction of the Executive Director, Corporate Finance.

 
b. Prior to the removal of the "h" Holding Symbol, shoring and demolition is permitted within the Alexandra Park and Atkinson Co-op Area.

3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and Draft Zoning By-law Amendment, noted in Recommendations 1 and 2 above, as may be required.

 
4. Before introducing the necessary Bills contemplated in Recommendations 1 and 2 above to City Council for enactment, City Council require the owner(s) to enter into appropriate Agreement(s) pursuant to Section 37 of the Planning Act amending the original Section 37 Agreement (Instrument Number AT 3518413) satisfactory to the City Solicitor, together with satisfactory provisions in the amending By-laws, to secure the following, at the owner's expense, in connection with 571 Dundas Street West, 91 Augusta Avenue and 73-75 Augusta Square, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, with such agreement to be registered to the satisfaction of the City Solicitor prior to the bills coming into force:

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

i. A financial contribution of $2,000,000.00 indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto for the period from the date of the execution of the Section 37 Agreement to the date of payment, towards the construction and finishing of the replacement community centre location on Block 10 to the satisfaction of the Chief Planner and Executive Director of City Planning, in consultation with the Ward Councillor.

ii. In the event the financial contribution referred to in recommendation 4.a.i has not been used for the intended purpose within eight (8) years of this By-law coming into full force and effect, the financial contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director of City Planning, in consultation with the Ward Councillor, provided that the purpose(s) is/are identified in the Toronto Official Plan and will benefit the community in the vicinity of the site.

b. The following changes are recommended to the Section 37 Agreement:

i. All refurbishment work to retained social housing buildings in Phase 2 will be completed prior to the earlier of, the first residential occupancy of, or the registration of the Draft Plan of Condominium for, the final market building to be constructed within Phase 2;

ii. Prior to the issuance of any above grade permit for a building on a Block in Phase 2, the owner will submit an updated wind study. The owner will design and construct any measures that may be required to mitigate the negative impact of any wind conditions;

iii. Amend Sections 8.1 and 8.2 to provide for the construction of a new community facility, with a minimum size of 2,000 square metres, to be owned by Toronto Community Housing Corporation and operated by Atkinson Housing Co-op and Alexandra Park Residents Association and located within a new Toronto Community Housing building to be constructed on Block 10 to the satisfaction of the Chief Planner and Executive Director, City Planning, Director, Affordable Housing Office, Director, Toronto Community Housing, General Manager, Parks, Forestry and Recreation and in consultation with the Ward Councillor. The new facility will:

A. Have a minimum gross floor area of 2,000 square metres;

B. Be valued at a minimum of $9,000,000.00, including all construction, finishing, fixtures, HVAC systems and equipment to the satisfaction of the Director, Real Estate Services, City of Toronto, of which $5,000,000.00 was required by the original Section 37 Agreement, $2,000,000.00 will be redirected from the overall value of the Public Art Contribution required by the original Section 37 Agreement towards the financing the construction of the community facility, including the outfitting of art studio space accessible to the community, and $2,000,000.00 will be an additional contribution by the owner.

C. Be constructed to a commercial standard, ready for occupancy for the intended use, containing all finishing, fixtures and equipment necessary to implement programming of the facility, including HVAC systems;

D. Include the construction of two new basketball courts within or adjacent to the facility, one of which may be constructed on Block 11; and,

E. Be completed in accordance with the requirements of the Section 37 agreement, prior to the issuance of a demolition permit for the existing community centre at 105 Grange Court.

iv. Amend Sections 3.3, 4.2, and 4.4 of the Section 37 Agreement to include the 77 units at 73-75 Augusta Square to be demolished and replaced, so that a total of not less than 410 replacement social housing units, comprising 183 townhouse units and 227 apartment units, all of which are rental housing units and shall have rents geared-to-income, are to be provided and maintained for a period of at least 25 years;

v. Amend Section 3.6 of the Section 37 Agreement to clarify the required parkland dedication area.

vi. Amend the table in Section 4.11 of the Section 37 Agreement to include the 34 one-bedroom apartment units and the 43 two-bedroom apartment units at 73-75 Augusta Square to be demolished and replaced, so that a total of not less than 410 replacement social housing units, comprising 183 townhouse units and 227 apartment units, are to be provided and maintained;

vii. Amend Sections 7.1, 7.3, 7.5, of the Section 37 Agreement to remove references to 73-75 Augusta Square.

viii. Amend Sections 8.3 of the Section 37 Agreement to allow part or all of the required Local Enterprise Space to be constructed on Block 10, subject to appropriate conditions including regarding timing of completion.

ix. Amend Section 13 of the Section 37 Agreement as necessary to permit the allocation of up to $2,000,000.00 to the community facility noted in 4.b.iii above.

x. Amend Section 37 to delete Section 10.3. and replace with the following:  

“The owner shall provide detailed floor plans for the replacement social housing units and associated common amenity areas for the social housing units to be demolished in the applicable Site Plan Control application area, the replacement of which may be part of a concurrent or prior phase of redevelopment, to the satisfaction of the Chief Planner and Executive Director, City Planning”

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

i. Prior to the issuance of an above grade permit for development on Sites 4, 6, 8, 9 and 17 the owner will submit an updated wind study and incorporate into the building design and site plan any wind mitigation measures.

5. City Council require the owner(s) to enter into appropriate Agreement(s) pursuant to Section 111 of the City of Toronto Act amending the existing Section 111 Agreement (Instrument Number AT3518416) to address the items in Recommendation 4 above, as required, satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

  
6. City Council authorize the appropriate City officials to take such actions as are necessary to implement City Council's decision, including execution of the necessary Section 37 Agreement(s) amending the existing Section 37 Agreement and Section 111 Agreement amending the existing Section 111 Agreement.

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 (PFR). 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, PFR, 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.

8. City Council approve the application for a Rental Housing Demolition permit in accordance with Municipal Code Chapter 667 to allow the demolition of 77 existing social housing apartment units at 73-75 Augusta Square subject to the following conditions:

a. The owner shall provide and maintain not less than four hundred and ten (410) replacement social housing units on the 71 Dundas Street West, 21, 21a, 23, 23a, 91 Augusta Avenue, 73-75 Augusta Square, and 20 Vanauley Street lands for a period of at least 25 years, all of which will have rents-geared-to-income, comprising the following:

Replacement Social Housing Units
Unit Type by Number of Bedrooms
Total
1 Bedroom Apartments
48
2 Bedroom Apartments
99
3 Bedroom Apartments
80
3 Bedroom Townhouse
79
4 Bedroom Townhouse
77
5 Bedroom Townhouse
27
Total
410
 

b. The owner shall provide tenant relocation assistance to each eligible tenant, including the right for eligible tenants to return to a replacement social housing unit to the satisfaction of the Chief Planner and Executive Director, City Planning and as further detailed in the draft Zoning By-law Amendment attached as Attachment 7 to the report dated June 7, 2019 from the Director, Community Planning, Toronto and East York District;

c. The owner shall provide detailed floor plans for the replacement social housing units and associated common amenity areas for the social housing units to be demolished in the applicable Site Plan Control application area, the replacement of which may be part of a concurrent or prior phase of redevelopment, to the satisfaction of the Chief Planner and Executive Director, City Planning; and,

d. The owner shall to enter into appropriate Agreement(s) pursuant to Section 111 of the City of Toronto Act amending the existing Section 111 Agreement (Instrument Number AT3518416) to secure the conditions outlined in a., b., and c. above and as detailed in the draft Zoning By-law Amendment attached as Attachment 7 to the report dated June 7, 2019 from the Director, Community Planning, Toronto and East York District.

9. City Council authorize the Chief Planner and Executive Director, City Planning to issue a preliminary approval for the application under Municipal Code Chapter 667 for the demolition of the 77 existing social housing units at 73-75 Augusta Square after all of the following have occurred:

a. Satisfaction or securing of the conditions in Recommendations 4 and 8 above;

b. The Zoning By-law Amendment referred to in Recommendation 2 above has come into full force and effect;

10. City Council authorize the Chief Building Official to issue a Rental Housing Demolition permit under Municipal Code Chapter 667 after the Chief Planner and Executive Director, City Planning has issued the preliminary approval referred to in Recommendation 9 above for the demolition of the 77 existing social housing units at 73-75 Augusta.

11. City Council authorize the Chief Building Official to issue a permit under Section 33 of the Planning Act for the demolition of 77 existing social housing units at 73-75 Augusta no earlier than the issuance of the first Building Permit for Phase 2 of the development and after the Chief Planner and Executive Director, City Planning has given the preliminary approval referred to in Recommendations 9 and 10 above, which permit may be included in the demolition permit under Chapter 667 and under 363-11.1, of the Municipal Code, on the condition that:

a. The owner erect a residential building on site no later than four (4) years from the day demolition of the buildings is commenced; and,

b. Should the owner fail to complete the new building within the time specified in Recommendation 11.a. 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.

12. Before introducing the necessary Bills contemplated in Recommendations 1 and 2 above to City Council for enactment, City Council require the owner(s) to submit: 
 

a. revised Functional Servicing, Geotechnical and Stormwater Management Reports, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

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.

On July 13, 2012, City Council approved Official Plan Amendment 189, and on October 8, 2013, City Council approved Zoning By-law Amendments, and Rental Housing Demolition and Conversion applications, to guide the Revitalization Plan for the Alexandra Park and Atkinson Housing Co-operative lands located generally between Queen Street West to the south, Spadina Avenue to the east, Dundas Street West to the north and Augusta Avenue to the west.

Phase 1 of the Revitalization, comprising a 14-storey residential building, a 15-storey residential building, 66 townhouse units and the refurbishment of the existing apartment building at 20 Vanauley Street, is nearing completion of construction south of the newly constructed Paul Lane Gardens. 

Toronto Community Housing and Tridel - the development partnership for both phases of the Revitalization - are proposing a number of changes to the previously approved Revitalization Plan as it applies to Phase 2.

Changes to the area noted as Phase 2A, located generally in the north west portion of the Revitalization site, were approved by City Council on July 23, 2018. Phase 2A comprises a 13-storey market building, a 14-storey social housing building and 6 replacement townhouses.

The proposed changes to the balance of Phase 2 include: an increase to the size of the on-site public park space; minor changes to the block layout; relocation of the proposed community centre; changes to approved building heights and massing; the demolition and reconstruction of the apartment building at 73-75 Augusta Square; and general increases in floor area for both the market and social housing portions of the development.

An application for Rental Housing Demolition and Conversion under Section 111 of the City of Toronto Act (Chapter 667 of the Municipal Code) has been submitted to permit the demolition of the 77 social housing units at 73-75 Augusta Square. All 77 existing units will be replaced in the new development and tenant relocation and assistance will be provided so that the known objective of Zero Displacement continues to be achieved.

This report recommends approval of proposed amendments to the Official Plan and Zoning By-law, and the Rental Housing Demolition and Conversion Application, subject to conditions. The report also recommends approval of amendments to the Section 37 and Section 111 agreements for the site, as they apply to the area known as Phase 2.