Item - 2020.NY14.1

The North York Community Council recommends that:

1. City Council adopt Official Plan Amendment 490 which amends Schedule 2: The Designation of Planned but Unbuilt Roads of the Official Plan, substantially in accordance with the draft Official Plan Amendment attached as Attachment 5 to the report (February 24, 2020) from the Acting Director, Community Planning, North York District.

2. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment, as may be required.

3. City Council direct the City Solicitor, and appropriate City staff to attend the Local Planning Appeal Tribunal in support of the Zoning By-law Amendment application subject to Recommendations 4 to 11 below.

4. City Council direct the City Solicitor, and appropriate City Staff to continue discussions to resolve the outstanding matters related to the Section 37 contribution for the lands at 2600 Don Mills Road, and if necessary, attend the Local Planning Appeal Tribunal to support the appropriate allocation of Section 37 benefits as it relates to 2600 Don Mills Road.

5. City Council accept an on-site parkland dedication pursuant to Section 42 of the Planning Act having a minimum size of 1,122 square metres (the "Parkland Dedication"), with the exact location and configuration of the Parkland Dedication to be to the satisfaction of the General Manager, Parks, Forestry and Recreation as generally described in the report (February 24, 2020) from the Acting Director, Community Planning, North York District.

6. City Council direct that the Parkland Dedication will be secured through the Section 37 Agreement, to the satisfaction of the General Manager, Parks, Forestry and Recreation, including the following:

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

b. the Parkland Dedication to be transferred to the City shall be free and clear, above and below grade, of all easements, encumbrances, and encroachments and in acceptable environmental condition 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; and

c. the owner's obligation to coordinate with the owner of 1650 Sheppard Avenue East for the design, construction and completion of the base park, and if Recommendation 7 below is relied upon, above base park improvements for the combined parkland dedication between 2600 Don Mills Road and 1650 Sheppard Avenue East.

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, should the owner elect to provide 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. The owner will required to submit a design and cost estimate to be approved by the General Manager, Parks, Forestry and Recreation, and a letter of credit equal to 120-percent of the Parks and Recreation Development Charges payable for the development; and the letter of credit will be required prior to the issuance of the first above grade building permit.

8. City Council instruct the City Solicitor to request that the Local Planning Appeal Tribunal withhold issuance of its Order on the Zoning By-law Amendment(s) until such a time as the Tribunal has been advised by the City Solicitor that:

a. the final form and content of the Zoning By-law Amendment(s) are satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor, in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services, and other appropriate Divisions, and, amongst other matters, includes:

i. securing the rental tenure of the existing rental units, securing of the needed improvements with no pass through of costs to tenants, a tenant communication plan, and a construction mitigation plan, together with other appropriate matters;

ii. securing the on-site parking ratios to the satisfaction of the General Manager, Transportation Services;

iii. securing a minimum of 10-percent of all new units in the proposed 33-storey building as 3-bedroom units;

iv. securing the required Parkland Dedication, and related matters, described in Recommendations 5 through 7 above.; and

v. the requirement for appropriate matters, services, and facilities to be provided by the owner, at its expense, and pursuant to Section 37 of the Planning Act and other matters necessary to support development;

b. a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, has been executed and registered on title to the lands to the satisfaction of the City Solicitor, securing the benefits and various matters required to support the development outlined in the report (February 24, 2020) from the Acting Director, Community Planning, North York District;

c. the owner has, at its sole expense:

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

ii. secured 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, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades and/or new infrastructure are required to support the development and such matters may be secured through the Draft Plan of Subdivision process satisfactory to the Chief Planner and Executive Director, City Planning, Chief Engineer and Executive Director, Engineering and Construction Services and City Solicitor;

iii. made satisfactory arrangements with Chief Engineer and Executive Director, Engineering and Construction Services for the construction of new infrastructure or any improvements to the existing municipal infrastructure, should it be determined that new infrastructure and/or upgrades/improvements are required to the existing infrastructure, to support this development, and that the applicant has entered into a financially secured agreement to pay for and construct any necessary municipal infrastructure;

iv. submitted a revised Traffic Impact, Parking and Loading study acceptable to, and to the satisfaction of, the General Manager, Transportation Services and that such matters arising from such study, be secured if required;

v. provided revised sun/shadow and wind study for review and acceptance by the City Planning Division to the satisfaction of the Chief Planner and Executive Director, City Planning;

vi. submitted a Landscape Plan acceptable to, and to the satisfaction of, the Chief Planner and Executive Director, City Planning, and that such matters arising from the Landscape Plan, including but not limited to, public realm improvements, any privately owned publicly-accessible spaces, including rights of support, easements, insurance where appropriate, will also be implemented through the Site Plan Approval and/or Draft Plan of Subdivision, where appropriate, and the details of terms and conditions relating to any potential privately owned publicly-accessible spaces and pedestrian connections, including indemnity and insurance requirements will be included in the Section 37 Agreement;

d. the owner, or jointly with the other owners on the Block constituting Leith Hill Road, Don Mills Road and Sheppard Avenue bounded by St. Timothy's School to the west in a manner satisfactory to the Chief Planner and Executive Director, City Planning, has submitted a Draft Plan of Subdivision for the lands, specifically the lands municipally known as 25 Leith Hill Road, 2600 Don Mills Road and 1650 Sheppard Avenue East, to implement the proposed development and redevelopment of the block and to secure matters such as lands to be conveyed to the City, new public streets, parkland dedication, and any required municipal infrastructure, as well as phasing of development on the Site (if necessary), to the satisfaction of the Chief Planner and Executive Director, City Planning and the Chief Engineer and Executive Director, Engineering and Construction Services; and

e. the Local Planning Appeal Tribunal has issued its decision with respect to Official Plan Amendment 476 (File No. 16 270525 NNY 33 OZ) associated with the property at 1650 Sheppard Avenue East which identifies the northwest quadrant of the Sheppard Avenue East and Don Mills Road intersection as a key development site having a maximum density of 3.99 times the lot area.

9. City Council direct that the following matters be addressed through the Site Plan Approval process:

a. should any mitigation measures be required resulting from the review of the sun/shadow and wind study, those mitigation measures will be secured within the Site Plan Control Agreement;

b. prior to the commencement of any excavation and shoring work, the owner shall submit a Construction Management Plan to the satisfaction of the Chief Building Official and Executive Director, Toronto Building, the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the Toronto Catholic District School Board and thereafter shall implement the plan during the course of construction. The Construction Management Plan will include, but not be limited to the following construction-related details: noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, parking and laneway uses and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, including matters related to the construction of streets or infrastructure, and any other matters requested by the Chief Planner and Executive Director, City Planning, and the City Solicitor and such general obligations, to be secured in the section 37 agreement; and

c. the owner shall convey the required right-of-way widening of 1.44 metres along Leith Hill Road to the City, including any required environmental assessments, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

10. City Council authorize the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act as follows:

a. a community benefit contribution with a value of no less than two million seven hundred thousand ($2,700,00.00) dollars, whereby the allocation of which will be negotiated with the owner and appropriate City divisions, including the local councillor;

b. should the community benefit contribution be directed to an on-site community facility, authorize the City Solicitor, and appropriate City staff, to obtain an interest in land, whether a stratified conveyance or leasehold interest, or otherwise acceptable arrangement in consultation with the Director, Real Estate Services, to implement the on-site community benefit facility, and where such a facility may involve other operating divisions, that the implementation of such a facility be consistent with City guidelines for such a facility;

c. the amount of funds allocated towards a community benefit referred to in Recommendation 10.a. above shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135, or its successor, calculated from the date of the Agreement to the date of payment;

d. in the event the amount of funds allocated towards a community benefit referred to in Recommendation 10.a. above cannot be directed for the determined purpose within five years of the amending Zoning By-law coming into full force and effect, the amount of funds allocated towards a community benefit 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 the purpose is identified in Official Plan Policy 5.1.1 and will benefit the community in the vicinity of the lands;

11. City Council direct that the following matters are also to be secured in the Section 37 Agreement as matters required to support the development of the lands, including: 

a. the owner construct and maintain the development of the Site in accordance with Tier 2 performance measures of the Toronto Green Standard, and the owner will be encouraged to achieve Toronto Green Standard, Tier 3 or higher, where appropriate;

b. prior to Site Plan Approval for the development, the owner shall provide a Construction Mitigation Plan and Tenant Communication Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning and thereafter the owner shall implement such strategy;

c. the owner shall continue to provide and maintain the 226 existing rental dwelling units in the existing apartment building at 2600 Don Mills Road as rental housing, together with the new and retained associated facilities and amenities of the existing apartment building, for a period of at least 20 years commencing from the date of the Zoning By-laws coming into full force and effect and with no applications for demolition or conversion from residential rental use during such 20 year period, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

d. the owner shall provide, repair, operate and/or maintain at its sole expense, improvements for tenants of the existing apartment building, all to the satisfaction of the Chief Planner and Executive Director, City Planning or his designate, including, but not limited to the following:

i. 1,259 square metres of new indoor amenity space in the new 33-storey residential building, which may include but not be limited to an indoor swimming pool, exercise spaces, a pet spa and multi-purpose spaces for use by tenants of the existing apartment building and new building, to be designed to the satisfaction of the Chief Planner and Executive Director, City Planning prior to Site Plan Approval;

ii. 360 square metres of programmed outdoor amenity areas on the site, including but not limited to outdoor seating and BBQs, a dog run to be designed to the satisfaction of the Chief Planner and Executive Director, City Planning prior to Site Plan Approval;

iii. a renovated two-storey lobby in the existing apartment building to be designed to the satisfaction of the Chief Planner and Executive Director, City Planning prior to Site Plan Approval. This renovated lobby for the existing apartment building shall be provided prior to issuance of the first above-grade building permit for the new 33-storey residential building;

iv. a new indoor recycling/bulk and organics storage area in the existing apartment building to be designed to the satisfaction of the Chief Planner and Executive Director, City Planning prior to Site Plan Approval; and

v. new indoor bicycle parking spaces and new outdoor bicycle parking spaces for tenants of the existing apartment building;

e. the owner shall provide, repair, operate and/or maintain, at its sole expense, additional improvements informed by the results of a tenant survey, to be identified and designed to the satisfaction of the Chief Planner and Executive Director, City Planning, prior to Site Plan Approval;

f. the owner shall provide tenants of the existing apartment building with access to all indoor and outdoor amenities within and adjacent to the proposed buildings on the site at no extra charge to the tenants and with no pass-through cost to tenants of the existing building. Access and the use of these amenities shall be on the same terms and conditions as any other resident in the new buildings;

g. the owner shall provide and maintain 147 indoor vehicle parking spaces, to be made available to tenants of the existing apartment building. The owner shall provide tenants of the existing apartment building who rented or had access to a vehicle parking space prior to the Zoning By-law Amendment coming into force and effect with the first priority to rent of one of these 147 indoor vehicle parking spaces;

h. the costs of the improvements to the existing apartment building and associated spaces within and outside the existing apartment building, new indoor and outdoor amenity spaces in the new 33-storey residential building and improvements and costs to facilitate the development of the proposed buildings, as described above, shall not be passed on to the tenants of the existing apartment building in any form, including by way of an application to the Landlord Tenant Board, or to any successor tribunal with jurisdiction to hear applications made under the Residential Tenancies Act, for the purpose of obtaining an increase in residential rent above the applicable guideline, or in the form of any additional costs and charges;

i. the owner agrees to implement the required mitigation measures from the accepted Wind Study, Parking and Traffic Impact Study, and Landscape Plan, through the Site Plan approval process for the Site to the satisfaction of the Chief Planner and Executive Director, City Planning; and

j. the owner shall submit a Construction Management Plan to the satisfaction of the Chief Building Official and Executive Director, Toronto Building, the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services, and the Chief Planner and Executive Director, City Planning.

12. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision.

North York Community Council held a statutory public meeting on March 12, 2020 and notice was given in accordance with the Planning Act.

The application proposes to develop the site with a 33-storey infill residential building with a height of 102.35 metres plus mechanical penthouse that would contain 354 residential dwelling units, to the west of the existing 19-storey residential building.  Fifteen, three to four-storey townhouses are proposed fronting onto Don Mills Road. An additional 15 three to four-storey stacked townhouse units are proposed at the south of the site, fronting onto a new public street. The existing 19-storey rental apartment building containing 226 units would be retained.

At the North York Community Council meeting on April 4, 2016, the applicant at 1650 Sheppard Avenue East was directed to develop a Context Plan for the lands bounded by Leith Hill Road to the north, Don Mills Road to the east, Sheppard Avenue East to the south, and St. Timothy's Catholic School to the west. The Context Plan is to address a number of matters including the provision of roads, parkland, open space, pedestrian linkages, and urban design and built form policies. The Block Context Plan Official Plan Amendment is before North York Community Council as part of the Request for Directions Report for 1650 Sheppard Avenue East (File No. 16 270525 NNY 33 OZ). The subject site is located within the boundary of the Block Context Plan.

The Zoning By-law amendment application has been appealed to the Local Planning Appeal Tribunal (LPAT) on the basis that the city failed to make a decision within the prescribed time period set out in the Planning Act. The LPAT has scheduled a 5-day hearing to commence May 11, 2020.

The revised Official Plan Amendment application has not been appealed to the LPAT. The Official Plan Amendment application proposes to amend Schedule 2: The Designation of Planned but Unbuilt Roads within the Official Plan by adding three new public streets in the block bound by Sheppard Avenue East, Don Mills Road, Leith Hill Road, and St. Timothy's Catholic School.

The proposed development is consistent with the Provincial Policy Statement (2014) and conforms with the Growth Plan for the Greater Golden Horseshoe (2019). The proposal conforms with the Toronto Official Plan, particularly as it relates to Apartment Neighbourhoods development criteria policies and the site is within close proximity to higher order transit and provides a range of housing types. The proposal conforms to the Sheppard East Subway Corridor Secondary Plan policies including sections related to the development node, and implementation. The Context Plan, draft Urban Design Guidelines, and associated Official Plan Amendment establish a planning framework for this quadrant, including the location of a new public road network, the requirement for a centrally located public park, policies to guide built form structure and transition, the requirement for provision of community services and facilities or affordable housing on each site, and holding provisions to ensure sufficient infrastructure exists and is installed. The proposal provides an appropriate separation and transition to the existing neighbourhoods, provides a new public road, and contributes part of a public road through the site which contributes to a larger public network through the quadrant as well as lands towards a new, centrally located public park.

The proposed increase in height and density is subject to Section 37 of the Planning Act. The applicant has agreed to a contribution of $2,700,000 for Section 37 benefits. Staff and the applicant are negotiating the allocation of the Section 37 contribution with the aim of securing the provision of a community service use on the site, but further discussion with various City Divisions is required. The applicant and City Staff will continue to work on the allocation of the contribution. Staff will report back to City Council regarding the Section 37 benefits secured for this site, if staff determine that it is necessary.

This report recommends that the City Solicitor, together with City Planning staff, and other appropriate city staff, attend the LPAT hearing in support of a settlement on the application based on the recommendations and comments contained within this report.