Item - 2020.TE15.1

The Toronto and East York Community Council recommends that:

1.  City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 1467 Bathurst Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (May 28, 2020) from the Director, Community Planning, Toronto and East York District, amended so that the number of residential storeys in Tower 1 does not exceed 35 storeys plus one storey of rooftop amenity space including any enclosure required to access the amenity space.

2. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

3. Before introducing the necessary Bills to Council for enactment, City Council direct that 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 1467 Bathurst Street in a manner satisfactory to the City Solicitor to secure the following community benefits at the owner's expense, including:

a. the design, construction, and finishing of a non-profit licensed child care facility on the ground floor of the base building of Towers 2 and 3 (which may be relocated within the lands or lot during the term of the lease, subject to the approval of the Chief Planner and Executive Director, City Planning and the General Manager, Children's Services) to accommodate 49 children, including infants, toddlers and preschoolers, comprising of 513 square metres of interior space and a minimum of 192 square metres of exterior space adjacent to the interior space, including outdoor storage, and the provision for a child pick-up and drop-off area:

i. the entering into a lease agreement with the City for 99 years for the child care facility; and such facility shall be free of all rent, the cost of all utilities and municipal services supplied to the facility, caretaking costs (of the building common areas), repair and maintenance costs (excluding wear and tear), property damage, and local improvement charges;

ii. a letter of credit in the amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and handover of the Child Care Centre complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the General Manager, Children's Services and the Chief Financial Officer, will be provided to the City prior to the issuance of the first above grade building permit for non-residential uses to secure the child care facility pursuant to Recommendation 3.a. above, with such child care facility to be made available to the City within 12 months of residential occupancy of the base building for Towers 2 and 3;

iii. a one-time cash contribution in the amount of $90,000.00 to the Child Care Facility Replacement Reserve Fund to replace appliances and large equipment due to wear and tear, to be paid prior to the child care facility being made available to the City;

iv. a one-time cash contribution in the amount of $135,000.00 towards Start-Up Operating Costs for the defrayment of operational deficits during the first year of operation, to be paid prior to the child care facility being made available to the City;

v. a one-time cash contribution in the amount of $150,000.00 towards toys, furnishing and equipment in accordance with provincial and municipal standards based on a mutually agreeable inventory list provided by the Child Care Centre Operator and/or the General Manager, Children's Services, which will be finalized and approved by the General Manager, Children's Services;

vi. one parking space will be provided free-of-charge for the use of the supervisor of the child care facility. A parking pass will be provided for officials conducting inspections of the child care facility. An appropriate pick-up/drop-off facility will be identified through the site plan approval process; and

vii. all cash contributions shall be indexed upwardly in accordance with the Construction Price Index, calculated from the date of the Section 37 Agreement to the date of payment;

b. the design, construction, finishing and furnishing of a Community Agency Space a minimum of 465 square metres on the at-grade lobby and mezzanine level of Tower 1 [total = 419 square metres at mezzanine level + 45 square metres at lobby at-grade] at no cost to the City and provided in accordance with the City's Community Space Tenancy Policy and Base Building Conditions, with the terms and specifications to be finalized and secured in the Section 37 Agreement, all satisfactory to Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning, and the City Solicitor:

i. the entering into a lease agreement with the City at no cost for 99 years for the Community Agency Space and such facility shall be free of all rent, caretaking costs (of the building common areas), repair and maintenance costs (excluding wear and tear), structural and servicing elements, property damage, and utilities for a period of (25) years; and

ii. a letter of credit in the amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and handover of the Community Agency Space complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning, and the City Solicitor; will be provided to the City prior to the issuance of the first above grade building permit for non-residential uses to secure the Community Agency Space pursuant to Recommendation 3.b. above, with such Community Agency Space to be made available to the City within 12 months of residential occupancy of the Tower 1;

c. the provision and maintenance of at least sixteen (16) dwelling units as affordable rental dwelling units in the mixed-use building. The sixteen units will include at least six (6) one-bedroom units, eight (8) two-bedroom units and two (2) three-bedroom units. The affordable rental dwelling units shall be provided in contiguous groups of at least six (6) dwelling units. The general configuration and layout of the sixteen (16) affordable rental dwelling units shall be to the satisfaction of the Chief Planner and Executive Director, City Planning:

i. the owner shall provide and maintain the sixteen (16) affordable rental dwelling units as rental dwelling units for at least twenty-five (25) years, beginning with the date each such unit is first occupied. No affordable rental dwelling unit shall be registered as a condominium or any other form of ownership such as life lease or co-ownership which provide a right to exclusive possession of a dwelling unit, and no application for conversion for non-rental housing purposes, or application to demolish any affordable rental dwelling unit shall be made for at least twenty-five (25) years from the date of first occupancy. When the twenty-five (25) year period has expired, the owner shall continue to provide and maintain the affordable rental dwelling units as rental dwelling units, unless and until such time as the owner has applied for and obtained all approvals necessary to do otherwise; and

ii. the owner shall provide and maintain the affordable rental dwelling units at affordable rents for at least fifteen (15) years, beginning with the date that each such unit is first occupied. During the first fifteen (15) years of occupancy, increases to initial rents charged to tenants occupying any of the affordable rental dwelling units shall be in accordance with the Residential Tenancies Act and shall not exceed the Provincial rent guideline.

d. tenants of the affordable rental dwelling units shall have access to all amenities, car parking, bicycle parking and visitor parking on the same terms and basis as all other residents of the building.

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, at its own expense, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, a minimum area of 640 square metres north of the new public park, between Towers 1 and 2, with a minimum 5.0 metre wide pedestrian clearway, as a Privately-Owned Publicly-Accessible Space (POPS) and shall provide to the City for nominal consideration POPS easements subject to public access easements for use of the POPS by members of the general public. Such easements to be conveyed to the City prior to the issuance of the Statement of Approval, and with the configuration and design to be determined to the satisfaction of the Chief Planner and Executive Director, City Planning in the context of site plan approval. The owner shall, operate, maintain and repair the POPS and install and maintain signs, at its own expense, stating that members of the public shall be entitled to use the POPS at all times of the day and night, 365 days of the year. The owner shall have completed the construction of the POPS prior to the earlier of any new commercial or any residential use of the site;

ii. the owner shall provide, to the satisfaction of the Chief Planner and Executive Director, City Planning, a minimum area of 232 square metres and a minimum of 165 square metres to the east and west of the POPS respectively, as per 3(e)(i) as private landscaped outdoor space;

iii. the owner shall provide, prior to the earlier of Site Plan Approval or the issuance of any foundation permit, a more detailed Pedestrian Level Wind Study, including wind tunnel analysis report, to the satisfaction of the Chief Planner and Executive Director, City Planning, which identifies recommendations for the pedestrian realm, new public park, and the outdoor areas of the base buildings and outdoor amenity areas to mitigate wind impacts year-round, and the owner will implement and maintain in support of the development all recommended mitigation measures to the satisfaction of the Chief Planner and Executive Director, City Planning;

iv. the owner shall at its expense provide and maintain public access easements to the City for the following: a minimum 9.0 metre wide publicly-accessible pedestrian landscaped walkway on the north side of St. Clair Avenue West and a minimum 2.5 metre pedestrian clearway; a minimum 5.0 metre wide publicly-accessible pedestrian landscaped walkway on the east side of Bathurst Street and a minimum 2.1 metre pedestrian clearway; a minimum 5.0 metre wide publicly-accessible pedestrian landscaped walkway on the south side of the east-west private driveway to the north and a minimum 2.1 metre pedestrian clearway; and a publicly-accessible pedestrian walkway on the west side of the north-south private driveway to the east with a minimum 2.1 metre pedestrian clearway. Public access easements shall be conveyed to the City prior to the issuance of the Statement of Approval.

v. the owner shall at its expense provide and maintain an accessible, indoor, east-west publicly-accessible route, with knock out panel identified in Recommendation 3(vi) to facilitate a climate-controlled pedestrian connection to the Toronto Transit Commission (TTC) subway station, and provide public access easements, for nominal consideration, to the City, such easement to be conveyed to the City prior to the earlier of the issuance of any Site Plan Approval or the issuance of any foundation permit for the site, to accommodate linkages through the site for the publicly-accessible underground pedestrian network to the satisfaction of the Chief Planner and Executive Director, City Planning. Public access to the publicly-accessible route would be granted at the time that the entire route connecting to the Toronto Transit Commission (TTC) subway station is secured;

vi. the owner shall at its expense provide a minimum of one knock-out panel along the P2 level of the east wall of the underground garage for potential future underground pedestrian network connection to the Toronto Transit Commission (TTC) subway station, to the satisfaction of the Chief Planner and Executive Director, City Planning;

vii. the owner is required at its expense to secure, construct and maintain a below-grade publicly-accessible underground pedestrian tunnel, under the north-south private driveway to the east, from the knock out panel(s) at the east end of the site to the adjacent property further east (currently Joe Fresh), when the lands to the east of the north-south private driveway are redeveloped, to complete a climate-controlled pedestrian route from Bathurst Street and St. Clair Avenue West to the Toronto Transit Commission (TTC) subway station. The location, configuration and design will be determined in consultation with the City and the adjacent property owner east of the north-south private driveway. The construction of the tunnel would occur at the time when the entire publicly-accessible route connecting to the Toronto Transit Commission (TTC) subway station is secured;

viii. provide documentation demonstrating that there is an agreement with the adjacent property owner to provide a pedestrian tunnel below the north-south private driveway to the east, and necessary public easements to the satisfaction of the Chief Planner and Executive Director of the City Planning Division and the City Solicitor prior to the earliest of first use or the closing of the final building permit for the development.

ix. for greater certainty, and without limiting the generality of the foregoing the owner agrees that the provision of the pedestrian tunnel includes the following: the cost of designing, administering, and constructing pedestrian tunnel; the cost of constructing the publicly-accessible pedestrian pathway through the site and any associated loss of revenue in order to accommodate the publicly-accessible pedestrian pathway; the cost of appropriate wayfinding signage above and below grade indicating the pedestrian pathway; the cost of designing, administering and constructing any required relocation of existing utilities and municipal infrastructure; the cost of design and construction of sidewalks, curbs and roadways on completion of the tunnel, any cost of design by a third party as may be required; the cost of peer review of design, the cost of diversion of transit facilities as well as the costs associated with the implementation of any required traffic control measures during construction; and the cost of all engineering and professional services and related permits;

x. the owner shall construct and maintain the development of the Site in accordance with Tier 1 performance measures of the Toronto Green Standard, and the owner will be encouraged to achieve Toronto Green Standard, Tier 2 or higher, where appropriate; and

xi. the owner shall provide a minimum of 10 percent three-bedroom units.

4. City Council direct the owner to provide a Construction Management Plan and Neighbourhood Communication Strategy, prior to the issuance of Site Plan Approval, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Transportation Services and the Ward Councillor.

5. 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, 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.

6. City Council require that the conditions related to the conveyance of the required parkland dedication having an area of 772.58 square metres be satisfied prior to the issuance of the first above grade building permit for the lands, to the satisfaction of General Manager, Parks, Forestry and Recreation, the Director, Real Estate Services and the City Solicitor.

7. City Council direct the City Solicitor to secure such matters as outlined in the memorandum from Parks, Forestry and Recreation dated February 28, 2020, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

8.  City Council request City Planning staff, in consultation with the Ward Councillor, to conduct a community consultation process to further review park design, the traffic impact study and the construction management plan prior to site plan approval.

9.  City Council request Engineering and Construction Services, in consultation with City Legal, to undertake a review of the 2001 Council-approved remediation and the status of implementation, including, but not limited to the recovery wells along the south side of St. Clair Avenue West between Bathurst Street and Hilton Avenue.

10.  City Council request Urban Forestry, Ravine and Natural Feature, to undertake an inspection of the Nordheimer ravine to determine whether there is indication of excessive deterioration of trees or atypical forest health concerns and whether there are related fire hazard concerns.  

The Toronto and East York Community Council held a statutory public meeting on June 18, 2020 and notice was given in accordance with the Planning Act.

This application proposes to amend the Zoning By-law to permit a mixed-use development with three towers and a new public park. The proposal consists of: a new 772 square metre public park at the intersection of St. Clair Avenue West and Bathurst Street; a 36-storey tower fronting onto Bathurst Street (Tower 1), a privately-owned publicly-accessible open space (POPS), and two 30-storey towers (Towers 2 and 3) joined by a 6 and 9-storey base building. A 464 square metre community agency space and a 513 square metre non-profit child care facility with a 192 square metre outdoor playground are proposed.

Proposed are 825 residential units, with approximately 2% of the units being affordable rental units. A total of 2,137 square metres of non-residential gross floor area, and 884 vehicle parking spaces are proposed including 575 residential and 309 non-residential parking spaces.

The proposal is consistent with the Provincial Policy Statement (2020), conforms with the Growth Plan for the Greater Golden Horseshoe (2019), conforms with all relevant policies of the Official Plan and Site and Area Specific Policy 226, and is consistent with the Tall Building Guidelines, and the St. Clair Avenue West and Bathurst Street Planning Framework. The proposed development conforms with the development criteria for Mixed Use Areas and fits within the existing and planned context.

This report reviews and recommends approval of the application to amend the Zoning By-law.