Item - 2020.TE14.4

The Toronto and East York Community Council recommends that:

1. City Council amend the Official Plan and the Davenport Village Secondary Plan for the lands at 900 and 980 Lansdowne Avenue, the lands identified as PIN 213250433 and the lands at 30 Powerhouse Street substantially in accordance with the Draft Official Plan Amendment attached as Attachment 4 to the report (January 24, 2020) from the Director, Engineering Support Services, Engineering and Construction Services.

2. City Council amend former City of Toronto Zoning By-law No. 438-86 for the lands at 900 and 980 Lansdowne Avenue and the lands identified as PIN 213250433 substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment 5 to the report (January 24, 2020) from the Director, Engineering Support Services, Engineering and Construction Services; with Attachment 5 amended by replacing Sections 1 and 2 in Schedule A with the following new Sections:

1.  Prior to the issuance of the first above grade building permit for any building within Phase 6, a cash contribution to be paid to the City to be allocated within Ward 9 Davenport, as follows:

a.   The owner shall pay to the City the sum of $1.2 million to be allocated towards the Capital Revolving Reserve Fund for Affordable Housing (XR1058) to be directed to 640 Lansdowne Avenue, to the satisfaction of the Executive Director, Housing Secretariat and the Ward Councillor.

b.  The owner shall pay to the City the sum of $300,000 to be directed toward public art, parkland and/or streetscape improvements within the local area.

c.  The cash contributions referred to in Section 1.a. and b. above shall be 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.

d.   In the event the cash contributions referred to in Section 1.a. and b. above have not been used for the intended purposes within three (3) years of the Bylaw coming into full force and effect, the cash contributions 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 that the purpose is identified in the City of Toronto Official Plan and will benefit the community in the vicinity of the lands.

2.   In addition to the cash contribution in Section 1 above, prior to the issuance of the first above grade building permit for any building within Phase 6 the owner shall be required to fund, design and construct a splash pad addition at the Davenport Village Park, to a minimum value of $280,000 being the local park at 18 Foundry Avenue, in consultation with Parks, Forestry and Recreation staff and the Ward Councillor to the satisfaction of the General Manager, Parks, Forestry and Recreation as per the following:

a.   The splash pad is a local park improvement that would address the requirements of Section 1.1 of the Section 37 Agreement executed on August 14, 2006 and registered on July 19, 2007 as Instrument No. AT1511978 (the "2006 Section 37 Agreement"), wherein the owner is required to pay $200 per unit to the city indexed accordingly.

b.  The funds directed to the splash pad shall be considered a minimum, and the owner shall pay all additional costs required to design and construct the splash pad addition as required.  If the splash pad addition is provided for less than the indexed value described in Section 2.a. above, the difference shall be paid as a cash contribution to the City to be directed toward public art, parkland and/or streetscape improvements within the local vicinity.

c.  The owner shall be required to provide a Letter of Credit in the amount of $56,000.00 no later than the commencement of Park Construction for the splash pad addition.  This Letter of Credit will be released two years after substantial park completion as identified by the General Manager, Parks, Forestry and Recreation, provided that all deficiencies have been rectified to the satisfaction of the General Manager, Parks, Forestry and Recreation.

d.  The owner must obtain a Park Access Agreement (PAA) from Parks, Forestry and Recreation's Park Supervisor for that Ward. The Park Access Agreement will outline in detail the insurance requirements, extent of area permitted, permitted use, tree removal and replacement, and duration to the satisfaction of the General Manager, Parks, Forestry and Recreation.

e.  The owner will indemnify the City against any claim during any interim use of or work carried out by the applicant on the park.

f.   In the event the splash pad is not constructed in accordance with the requirements in Section 2 above, the owner shall provide a cash contribution in accordance with Section 2.a. above which if not used for the intended purposes within three (3) years of the Bylaw coming into full force and effect, the cash contributions 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 that the purpose is identified in the City of Toronto Official Plan and will benefit the community in the vicinity of the lands.

3. City Council amend City-wide Zoning By-law No. 569-2013 for the lands at 900 and 980 Lansdowne Avenue and the lands identified as PIN 213250433 substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment 6 to this report (January 24, 2020) from the Director, Engineering Support Services, Engineering and Construction Services; with Attachment 6 amended by replacing Sections 1 and 2 in Schedule A with the following new Sections:

1.  Prior to the issuance of the first above grade building permit for any building within Phase 6, a cash contribution to be paid to the City to be allocated within Ward 9 Davenport, as follows:

a.   The owner shall pay to the City the sum of $1.2 million to be allocated towards the Capital Revolving Reserve Fund for Affordable Housing (XR1058) to be directed to 640 Lansdowne Avenue, to the satisfaction of the Executive Director, Housing Secretariat and the Ward Councillor.

b.  The owner shall pay to the City the sum of $300,000 to be directed toward public art, parkland and/or streetscape improvements within the local area.

c.  The cash contributions referred to in Section 1 a. and b. above shall be 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.

d.   In the event the cash contributions referred to in Section 1 a. and b. above have not been used for the intended purposes within three (3) years of the Bylaw coming into full force and effect, the cash contributions 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 that the purpose is identified in the City of Toronto Official Plan and will benefit the community in the vicinity of the lands.

2.   In addition to the cash contribution in Section 1 above, prior to the issuance of the first above grade building permit for any building within Phase 6 the owner shall be required to fund, design and construct a splash pad addition at the Davenport Village Park, to a minimum value of $280,000 being the local park at 18 Foundry Avenue, in consultation with Parks, Forestry and Recreation staff and the Ward Councillor to the satisfaction of the General Manager, Parks, Forestry and Recreation as per the following:

a.   The splash pad is a local park improvement that would address the requirements of Section 1.1 of the Section 37 Agreement executed on August 14, 2006 and registered on July 19, 2007 as Instrument No. AT1511978 (the "2006 Section 37 Agreement"), wherein the owner is required to pay $200 per unit to the city indexed accordingly.

b.  The funds directed to the splash pad shall be considered a minimum, and the owner shall pay all additional costs required to design and construct the splash pad addition as required.  If the splash pad addition is provided for less than the indexed value described in Section 2 a. above, the difference shall be paid as a cash contribution to the City to be directed toward public art, parkland and/or streetscape improvements within the local vicinity.

c.  The owner shall be required to provide a Letter of Credit in the amount of $56,000.00 no later than the commencement of Park Construction for the splash pad addition.  This Letter of Credit will be released two years after substantial park completion as identified by the General Manager, Parks, Forestry and Recreation, provided that all deficiencies have been rectified to the satisfaction of the General Manager, Parks, Forestry and Recreation.

d.  The owner must obtain a Park Access Agreement (PAA) from Parks, Forestry and Recreation's Park Supervisor for that Ward. The Park Access Agreement will outline in detail the insurance requirements, extent of area permitted, permitted use, tree removal and replacement, and duration to the satisfaction of the General Manager, Parks, Forestry and Recreation.

e.  The owner will indemnify the City against any claim during any interim use of or work carried out by the applicant on the park.

f.   In the event the splash pad is not constructed in accordance with the requirements in Section 2 above, the owner shall provide a cash contribution in accordance with Section 2 a. above which if not used for the intended purposes within three (3) years of the Bylaw coming into full force and effect, the cash contributions 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 that the purpose is identified in the City of Toronto Official Plan and will benefit the community in the vicinity of the lands.

4. City Council amend former City of Toronto Zoning By-law No. 438-86 for the lands at 30 Powerhouse Street substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment 7 to the report (January 24, 2020) from the Director, Engineering Support Services, Engineering and Construction Services.

5. City Council authorize the City Solicitor to make such stylistic and technical changes to the Draft Official Plan and Zoning By-law Amendments as may be required.

6. Before introducing the necessary Bill to City Council for enactment to amend former City of Toronto Zoning By-law No. 438-86 for the lands at 30 Powerhouse Street, City Council require that a Site Plan Control application for this property be submitted and be reviewed by staff to the satisfaction of the Chief Planner and Executive Director, City Planning.

7. Before introducing the necessary Bill to City Council for enactment to amend former City of Toronto Zoning By-law No. 438-86 for the lands at 30 Powerhouse Street, City Council require the owner to enter into an Agreement as a legal convenience pursuant to Section 37 of the Planning Act as follows:

a. Through the Site Plan review process, the owner shall agree to provide access to all off site bicycle and vehicular parking spaces to address the parking requirements for Building '15' in the adjacent below grade parking structure.  The owner shall provide access keys and warning clauses in the purchase and sale agreements or tenancy agreements to future purchasers and/or tenants of Building '15' who are allocated the six parking spaces located off-site in the separate underground parking area, to be secured in the Site Plan Agreement to the satisfaction of the General Manager, Transportation Services.

b. Through the Site Plan review process, the owner shall agree to erect signs requested by the Toronto Lands Corporation and include the requirements of Toronto Lands Corporation and the Toronto Catholic District School Board to include warning clauses in the tenancy agreements and/or purchase and sale agreements to be secured in the Site Plan Agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning.

c. The owner shall agree to submit with the next re-submission of the Site Plan Control application updated Noise and Vibration Studies as requested by Metrolinx, have these studies peer reviewed, undertake any revisions if necessary and have those revisions peer reviewed and to address matters identified by the City's peer reviewer at the owner's expense.  The owner shall also agree that the mitigation measures and conditions required by Metrolinx and Canadian Pacific Railway (CPR) be secured in the Site Plan Agreement to the satisfaction of the Chief Planner and Executive Director, City Planning, Metrolinx and Canadian Pacific Railway.

8. Before introducing the necessary Bills to City Council for enactment to amend former City of Toronto Zoning By-law No. 438-86 and City-wide Zoning By-law No. 569-2013 for the lands at 900 and 980 Lansdowne Avenue, City Council require the owner to enter into and register on title one or more Agreement(s) pursuant to Section 37 of the Planning Act at the owner's sole expense for the purpose of securing community benefits to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor as follows:

a.    Prior to the issuance of the first above grade building permit for any building within Phase 6 a cash contribution is to be paid to the City to be allocated within Ward 9 Davenport, generally as follows:

i.  The owner shall pay to the City the sum of $1.2 million to be allocated towards the Capital Revolving Reserve Fund for Affordable Housing (XR1058) to be directed to 640 Lansdowne Avenue, to the satisfaction of the Executive Director, Housing Secretariat and the Ward Councillor.

ii.  The owner shall pay to the City the sum of $300,000 to be directed toward public art, parkland and/or streetscape improvements within the local area.

iii. The cash contributions referred to in 8.a.i. and ii. above shall be 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.

iv. In the event the cash contributions referred to in 8 a) i) and ii) above have not been used for the intended purposes within three (3) years of the Bylaw coming into full force and effect, the cash contributions 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 that the purpose is identified in the City of Toronto Official Plan and will benefit the community in the vicinity of the lands.

b.   In addition to the cash contribution in Recommendation 8.a. above, prior to the issuance of the first above grade building permit for any building within Phase 6 the owner shall be required to fund, design and construct a splash pad addition at the Davenport Village Park, to a minimum value of $280,000 being the local park at 18 Foundry Avenue, in consultation with Parks, Forestry and Recreation staff and the Ward Councillor to the satisfaction of the General Manager, Parks, Forestry and Recreation. as per the following:

i.  The splash pad is a local park improvement that would address the requirements of Section 1.1 of the Section 37 Agreement executed on August 14, 2006 and registered on July 19, 2007 as Instrument No. AT1511978 (the "2006 Section 37 Agreement"), wherein the owner is required to pay $200 per unit to the city indexed accordingly.

ii.  The funds directed to the splash pad shall be considered a minimum, and the owner shall pay all additional costs required to design and construct the splash pad addition as required.  If the splash pad addition is provided for less than the indexed value described in Recommendation 8.b.I. above, the difference shall be paid as a cash contribution to the City to be directed toward public art, parkland and/or streetscape improvements within the local vicinity.

iii.  The owner shall be required to provide a Letter of Credit in the amount of $56,000.00 no later than the commencement of Park Construction for the splash pad addition.  This Letter of Credit will be released two years after substantial park completion as identified by the General Manager, Parks, Forestry and Recreation, provided that all deficiencies have been rectified to the satisfaction of the General Manager, Parks, Forestry and Recreation.

iv.  The owner must obtain a Park Access Agreement (PAA) from Parks, Forestry and Recreation's Park Supervisor for that Ward. The Park Access Agreement will outline in detail the insurance requirements, extent of area permitted, permitted use, tree removal and replacement, and duration to the satisfaction of the General Manager, Parks, Forestry and Recreation.

v.  The owner will indemnify the City against any claim during any interim use of or work carried out by the applicant on the park.

vi.  In the event the splash pad is not constructed in accordance with the requirements in Recommendation 8.b. above, the owner shall provide a cash contribution in accordance with 8b) i) which if not used for the intended purposes within three (3) years of the Bylaw coming into full force and effect, the cash contributions 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 that the purpose is identified in the City of Toronto Official Plan and will benefit the community in the vicinity of the lands.

c. The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor:

i. The owner shall agree to develop a Tenant Access Plan in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning, to ensure each phase and/or building within the phase is marketed initially to the local community to provide opportunities for local residents to move into the development.

ii. The owner shall agree to enter into a financially secured agreement with the City that contains the following improvements/requirements:

a. The owner shall make any traffic control signal timing adjustments at signalized intersections in the immediate area to improve the overall level-of-service in accordance with the Traffic Impact and Operations Study by GHD dated November 1, 2018 as amended, at no cost to the City of Toronto to the satisfaction of General Manager, Transportation Services.

b. The owner shall design and install at no cost to the City traffic control signals at the intersection of Lansdowne Avenue and Brandon Avenue in the ultimate road location and shall provide detailed engineering design drawings for the traffic control signals, including any associated pavement marking and signage information, and the associated road works to the satisfaction of the General Manager, Transportation Services.  The owner also agrees that the cost for the physical road widening on the south side of Brandon Avenue west of Lansdowne Avenue, and property conveyances to accommodate this widening, shall be undertaken to the satisfaction of the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services.

c. The owner shall conduct an environmental site assessment for lands to be conveyed to the City in accordance with terms and conditions as set out by the City of Toronto, including providing payment for a peer reviewer and submission of a Record of Site Condition (RSC) at no cost to the City and all to the satisfaction of the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services.

d. Prior to the issuance of the first above-grade permit for any building in Phase 6, the owner shall construct a new four-way intersection, consisting of Foundry Road, Brandon Avenue, the existing Phase 4 driveway and the proposed Phase 6 driveway, all four legs of which shall be stop-controlled, complete with the installation of all-way 'stop' signage with 'all-way' tabs, all of which is to be undertaken at no cost to the City, and to the satisfaction of General Manager, Transportation Services.

e. The owner shall provide space within the development for the construction of any transformer vaults, Hydro and Bell maintenance holes and sewer maintenance holes required in connection with the development.

iii. Through the Site Plan review process, the owner shall agree to convey the lands required for the relocated bus shelter on Lansdowne Avenue, construct the new level brush concrete platform, install the new bus shelter, provide noise attenuation for the units immediately adjacent to the future bus shelter, and provide warning clauses in the purchase and sale agreements or tenancy agreements to future purchasers and/or tenants of the units immediately adjacent to the future bus shelter to warn of the potential for noise from bus operations, all at no cost to the City, to be secured in the Site Plan Agreement, to the satisfaction of the Toronto Transit Commission and the General Manager, Transportation Services.

iv. Through the Site Plan review process, for any building in Phase 6, the owner shall provide to the City for nominal consideration Privately Owned Publicly Accessible Open Space (POPS) easements for the on-site POPS of approximately 3,963 m2 located on the south and west perimeter of the Phase 6 lands, for public access and provisions for rights of support if necessary, encumbrances and insurance and indemnification of the City by the owner, to the satisfaction of the Director, Real Estate Services, the Chief Planner and Executive Director, City Planning and the City Solicitor in consultation with the Ward Councillor.  The owner shall own, operate, maintain and repair the POPS and install signage in a location to be determined through the Site Plan review process, at its own expense, stating that members of the public shall be entitled to the use of the POPS at any time, 365 days a year. The final design and program of the POPS will be determined through the site plan review process and secured in a Site Plan Agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning.

v. Through the Site Plan review process, the owner shall agree to install and maintain children's play structures for youth ages 2.5 to 5 years and 5 to 12 years within the outdoor amenity area between Buildings A, B, D and E, and identified as "Play Area" on the site plan, and that the "Play Area" be expanded, if necessary, to accommodate sufficiently sized equipment, to be secured in the Site Plan Agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning.

vi. Through the Site Plan review process, the owner shall agree to erect signs requested by the Toronto Lands Corporation (TLC) and include the requirements of TLC and the Toronto Catholic District School Board to include warning clauses in the tenancy agreements and/or purchase and sale agreements to be secured in the Site Plan Agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning.

vii. The owner shall agree to submit with the next re-submission of the Site Plan Control application updated Noise and Vibration Studies as requested by Metrolinx, have these studies peer reviewed, undertake any revisions if necessary and have those revisions peer reviewed and to address matters identified by the City's peer reviewer at the owner's expense.  The owner shall also agree that the mitigation measures and conditions required by Metrolinx and Canadian Pacific Railway (CPR) be secured in the Site Plan Agreement to the satisfaction of the Chief Planner and Executive Director, City Planning, Metrolinx and Canadian Pacific Railway.

viii. The owner shall agree to submit building design drawing details to verify that the crash wall structure will be structurally isolated from the residential towers to the satisfaction of the City and the City's rail safety peer reviewer as part of the site plan review process and the owner shall agree to pay for the peer review of the drawings.  The owner shall also agree to consult with Metrolinx (and their technical advisor) and the Canadian Pacific Railway (and their technical advisor) regarding the rail safety study submitted and the owner shall agree to Metrolinx and CPR requirements, conditions and mitigation to be secured in the Site Plan Agreement to the satisfaction of the Chief Planner and Executive Director, City Planning, Metrolinx and the Canadian Pacific Railway. 

ix. The owner shall agree to address and incorporate Metrolinx's requirements addressing construction measures, warning clauses and other rail safety requirements, as noted in the Metrolinx letter dated December 9th, 2019, during the site plan review process to the satisfaction of the Chief Planner and Executive Director, City Planning and Metrolinx.

x. The owner shall agree to address the Canadian Pacific Railway requirements related to the property line fence, drainage and dewatering, and to include warning clauses in the tenancy agreements and/or purchase and sale agreements to advise of the existence of the railway and their operations and that, regardless of attenuating noise and vibration measures, the railway would not be responsible for complaints or claims arising from the use of its facilities and/or operations all to be secured in the Site Plan Agreement to the satisfaction of the Chief Planner and Executive Director, City Planning and Canadian Pacific Railway.

xi. The owner shall agree to construct and maintain the development in accordance with the Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council at its meeting held on October 26 and 27, 2009 through the adoption of item PG32.3 of the Planning and Growth Management Committee, and as updated by Toronto City Council at its meeting held on December 5, 6 and 7, 2017 through the adoption of item PG23.9 of the Planning and Growth Management Committee, and as may be further amended by City Council from time to time. 

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

This application proposes to amend the Official Plan, the Davenport Village Secondary Plan, the former City of Toronto Zoning By-law No. 438-86 and City-wide Zoning By-law No. 569-2013 to permit the construction of two tall residential apartment buildings, one mid-rise building, two blocks of stacked townhouses and a stand-alone daycare building on Phase 6 of the Davenport Village Secondary Plan area, municipally known as 900 and 980 Lansdowne Avenue.  These buildings would include 960 new purpose built rental units. The proposed Zoning By-law Amendments would also allow for the change of use of existing Building '15' (municipally known as 30 Powerhouse Street) into a mixed residential and commercial building with the flexibility to provide up to 35 residential units with small scale retail space at grade, or to provide a combination of retail space at grade, office uses on floors 1 through 4 and up to 8 residential units on floors 5 and 6. Lastly, the proposed Official Plan and Zoning By-law Amendments would redesignate and rezone lands owned by Metrolinx and identified as PIN 213250433 to Utility Corridor and U and UT respectively, and to adjust the boundary of the Davenport Village Secondary Plan to exclude these lands from Phase 6.

The proposed development is consistent with the Provincial Policy Statement (2014) and conforms with the Growth Plan for the Greater Golden Horseshoe (2019).  The proposed development is appropriate for the Davenport Village Area and largely conforms to the City of Toronto Official Plan, the Davenport Village Secondary Plan and the City's Urban Design Guidelines.  The proposed development is the final phase of development in the Davenport Village Secondary Plan and fits within the existing and planned context of this Secondary Plan area.

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