Item - 2020.TE18.7

That City Council adopt the following recommendations in the supplementary report (September 28, 2020) from the Chief Planner and Executive Director, City Planning [TE18.7a]:

1. City Council amend Zoning By-law 438-86 for the lands at 90-104 Queen Street East and 3 Mutual Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 1 to this Supplementary Report.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 90-104 Queen Street East and 3 Mutual Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 2 to this Supplementary Report.

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

4. City Council approve the Rental Housing Demolition Application File No. 19 112644 STE 13 RH in accordance with Chapter 667 of the Toronto Municipal Code and pursuant to Section 111 of the City of Toronto Act, 2006 which allows for the demolition of five (5) existing rental dwelling units located at 90-104 Queen Street East, subject to the following condition:

a. The owner shall provide an acceptable tenant relocation and assistance plan to mitigate hardship for existing tenants of the existing five (5) existing rental dwelling units proposed to be demolished at 90-104 Queen Street East. The tenant relocation and assistance plan shall be developed in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning.
 

5. City Council authorize the Chief Planner and Executive Director, City Planning, to issue the Preliminary Approval for the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 for the demolition of the five (5) existing rental dwelling units located at 90-104 Queen Street East after all of the following have occurred:

a. Satisfaction or securing of the condition in Recommendation 4 above;
 

b. The Zoning By-law Amendment(s) 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 (conditional or full permit) for the approved development on the site;
 

e. The owner has confirmed, in writing, that all existing rental dwelling units proposed to be demolished are vacant;
 

f. The execution and registration of an agreement pursuant to Section 111 of the City of Toronto Act, 2006 securing Recommendation 4 above; and
 

g. The execution and registration of an agreement pursuant to Section 37 of the Planning Act.
 

6. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning has given Preliminary Approval referred to in Recommendation 5 above.

7. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Residential Demolition Permit under Section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for 98-104 Queen Street East after the Chief Planner and Executive Director, City Planning has given Preliminary Approval referred to in Recommendation 5 above, which may be included in the Rental Housing Demolition Permit under Chapter 667 pursuant to section 6.2 of Chapter 363, on condition that:

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

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

c. The owner erects the proposed mixed use building on the site no later than four (4) years from the from the date that the demolition of such building commences, subject to the timeframe being extended to the discretion of the Chief Planner and Executive Director, City Planning; and
 

d. Should the owner fail to complete the proposed mixed use building within the time specified in Recommendation 7.c. above, the City Clerk shall be entitled to enter on the collector’s roll, as with municipal property taxes, an amount equal to the sum of twenty thousand dollars ($20,000.00) per dwelling unit for which a demolition permit is issued, and that such amount shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.

8. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Residential Demolition Permit under Section 33 of the Planning Act  and Chapter 363 of the Toronto Municipal Code for 90-94 Queen on condition that:

a. The Zoning By-law Amendments have come into full force and effect;

 
b. The owner erects construction fences in accordance with the provisions of the Municipal Code, Chapter 363, Article 7, if deemed appropriate by the Chief Building Official;

 
c. The owner removes all debris and rubble from the site immediately after demolition; and

 
d. Any holes on the property are backfilled with clean fill.
 

9. Before introducing the necessary Bills to City Council for enactment, City Council direct that the owner of the lands at 90-104 Queen Street East and 3 Mutual Street shall provide, pursuant to Section 37 of the Planning Act, at no expense to the City, and secure such in the implementing Zoning By-law Amendments and enter into and register on title to the above noted lands, one or more agreements pursuant to Section 37, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor the following:

a. prior to the issuance of the first above grade building permit for the lands, the owner shall pay to the City a cash contribution of one million ($1,000,000.00) dollars to be allocated as follows:

 
i. five hundred thousand ($500,000.00) dollars towards capital improvements in Toronto Community Housing buildings and/or new or existing affordable housing units within proximity of the lands in the Ward, in consultation with the Ward Councillor; and

 
ii. five hundred thousand ($500,000.00) dollars towards local streetscape, parkland and/or community facilities within proximity of the lands in the Ward, in consultation with the Ward Councillor;
 

b. the cash contribution referred to in Recommendation 9(a) 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 18-10-0135-01, or its successor, calculated from the date of the Agreement to the date of payment;
 

c. in the event the cash contribution referred to in Recommendation 9(a) above has not been used for the determined purpose within three years of the amending Zoning By-law coming into full force and effect, the cash contribution 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;

d. the Owner shall design, construct, finish, and convey to the City, in an acceptable environmental condition, for nominal consideration and at no cost to the City, a minimum 345.7 square metres Community Agency Space as measured from interior side walls, located on the second floor and inclusive of the ground floor entrance and elevator, and subject to the following:

i. the Community Agency Space shall be delivered to the City in accordance with the City's Community Space Tenancy Policy and finished to Base Building Condition, with the terms and specifications to be secured in the Section 37 Agreement, all satisfactory to the Executive Director, Social Development, Finance and Administration, Executive Director, Corporate Real Estate Management , the Chief Planner and Executive Director, City Planning, and the City Solicitor;
 

ii. prior to the issuance of the first above grade building permit, the owner shall provide 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;
 

iii. prior to conveyance of the community agency space to the City, the owner shall provide a one-time cash contribution in the amount of $280,000.00 towards operating costs of the community agency space;
 

iv. prior to conveyance of the community agency space to the City, the owner shall provide a one-time cash contribution in the amount of $560,000.00 towards the initial finishing costs, less the cost of constructing the kitchen, washrooms and janitorial closet, to be paid prior to conveyance to the City with the remaining funds to be used for future capital improvements to the community agency space;
 

v. the one-time cash contribution referred to in Recommendation 9(d)(iii) and 9(d)(iv) 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 18-10-0135-01, or its successor, calculated from the date of the Agreement to the date of payment;
 

vi. concurrent with or prior to, the conveyance of the Community Agency Space to the City, the owner and the City shall enter into, and register on title to, the appropriate lands an Easement and Cost Sharing Agreement  at no cost to the City, that is in a form satisfactory to the City Solicitor; the Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement, and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the owner as they pertain to the Community Agency Space; and
 

e.  the owner has withdrawn its appeal(s) of Official Plan Amendment 352, and By-laws 1106-2016 and 1107-2016.

10. City Council also direct that the following be secured in the Section 37 Agreement as a legal convenience to as matters required to support development:

a. An acceptable tenant relocation and assistance plan shall be developed and implemented to mitigate hardship for existing tenants of the existing five (5) rental dwelling units proposed to be demolished. The tenant relocation and assistance plan shall be developed in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning;
 

b. prior to the issuance of the first building permit on the site, the owner shall provide confirmation from St. Michael's Hospital, or their representative, that any temporary (including construction cranes or related construction machinery) and permanent structures are below or outside the protected flight path, as per By-law 1432-2017, to the satisfaction Chief Building Official and Executive Director, Toronto Building;
 

c. the owner will construct and maintain the development of the site in accordance with Tier 1, Toronto Green Standard, and the owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the site;
 

d. requirements for a construction management plan with the general matters included in the Section 37 Agreement, including but not limited to, 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, coordination with adjacent on-going development construction, parking and laneway uses and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, and any other matters requested by the Chief Planner and Executive Director, City Planning, and the General Manager, Transportation Services, in consultation with the Ward Councillor

e. Prior to any site plan approval for the site, the owner shall obtain from Metrolinx, or its successor, written confirmation to the Chief Planner and Executive Director, City Planning and City Solicitor, that the owner has satisfied any required technical or related review for any proposed below grade structural elements, including the manner of excavation and shoring for the development of the site as these matters relate to the Ontario Line tunnel; and

f. Prior to site plan approval for the site, should Metrolinx, or its successor, provide a recommendation related to any tiebacks, or similar mechanism, that may impact the City’s right-of-way, the owner shall first obtain any required approvals from the City prior to agreeing to implement any recommendations from Metrolinx that may impact the City’s right-of-way.  

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

12. City Council determine that the revisions reflected in the proposed Zoning By-law Amendments appended as Attachments 1 and 2 to this Supplementary Report (September 17, 2020) from the Chief Planner and Executive Director, City Planning are minor in nature and pursuant to Section 34 of the Planning Act, no further public notice is required in respect of the proposed Zoning By-law Amendments.

That the item be forwarded to City Council without recommendation.