Item - 2021.TE24.10

The Toronto and East York Community Council recommends that:

1. City Council amend Zoning By-law 438-86, for the lands at 27 Grosvenor Street and 26 Grenville Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to the report (March 30, 2021) from the Director, Community Planning, Toronto and East York District, amended as follows:

a. Regulation 4(c) deleted and replaced with the following:

"(c) a minimum area of 975 square metres must be provided for a day nursery, of which 685 square metres must be interior floor area and 290 square metres must be outdoor space in a location adjoining or directly accessible to the interior space;"

b. Appendix 1 (15) deleted and replaced with the following:

 "(15) The provision of a non-profit licensed Child Care Centre to be located in the base building of the development on the lands, to accommodate 49 children, including infants, toddlers and preschoolers, comprising of a minimum of 685 square metres of interior space and approximately 290 square metres of exterior space adjacent to the interior space, including outdoor storage, and the provision for a child pick-up and dropoff area, with the precise location, capacity and related matters to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the General Manager, Children's Services and such Child Care Centre shall generally be in accordance with the following."

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 27 Grosvenor Street and 26 Grenville Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 8 to the report (March 30, 2021) from the Director, Community Planning, Toronto and East York District, amended as follows:

a. Regulation 4(C) deleted and replaced with the following:

"(C) A minimum area of 975 square metres must be provided for a day nursery, of which 685 square metres must be interior floor area and 290 square metres must be outdoor space in a location adjoining or directly accessible to the interior space;"

b. Schedule A (15) deleted and replaced with the following:

"(15) The provision of a non-profit licensed Child Care Centre to be located in the base building of the development on the lands, to accommodate 49 children, including infants, toddlers and preschoolers, comprising of a minimum of 685 square metres of interior space and approximately 290 square metres of exterior space adjacent to the interior space, including outdoor storage, and the provision for a child pick-up and dropoff area, with the precise location, capacity and related matters to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the General Manager, Children's Services and such Child Care Centre shall generally be in accordance with the following."

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

4. Before introducing the necessary Bills to City Council for enactment, require the owner to:

a. submit to the Chief Engineer and Executive Director, Engineering and Construction Services for review and acceptance, a revised Functional Servicing and Stormwater Management Report, Servicing Report Groundwater Summary, Hydrological Review Summary, and Hydrogeological Report to determine the stormwater runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development; and

 
b. make satisfactory arrangements and enter into the appropriate agreement(s) with the City for the design and construction of any improvements to the municipal infrastructure, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor, should it be determined that upgrades are required to the infrastructure to support this development, according to the revised Functional Servicing and Stormwater Management Report, Servicing Report Groundwater Summary, Hydrological Review Summary, and Hydrogeological Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services.
 

5. Before introducing the necessary Bills to City Council for enactment, require the owner to provide a signed solicitor's certificate confirming the conveyance was registered for the lot line adjustment application filed with the Committee of Adjustment (Application No. B0019/21TEY).

6. Before introducing the necessary Bills to City Council for enactment, require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act, and register same in priority to the satisfaction of the City Solicitor, as follows:

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

 
i. Prior to the issuance of the first above-grade building permit, the owner shall pay to the City the sum of $1,100,000.00 to be allocated towards new and/or existing affordable housing within Ward 13, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

ii. The cash contribution referred to in Recommendation 6.a.i. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential 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, and calculated from the date of the Agreement to the date of payment;

iii. In the event the cash contribution referred to in Recommendation 6.a.i. above has not been used for the intended purpose within three years of the Zoning By-law Amendments coming into full force and effect, the cash contribution may be directed 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 the Official Plan and will benefit the community in the vicinity of the lands.

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

 
i. Before introducing the necessary Bills to City Council for enactment, a restriction on the property at 32 Grenville Street will be secured through a Limiting Distance Agreement between the owner of 27 Grosvenor Street and 26 Grenville Street, the owner of 32 Grenville Street, and the City of Toronto, to the satisfaction of the City Solicitor, which will establish a Limiting Distance Area on the property at 32 Grenville Street where no new building or structure may be constructed within 7 metres of the east property line abutting 26 Grenville Street and 27 Grosvenor Street, above the height of the existing building;

ii. The owner shall:

A. Construct and maintain a pedestrian walkway in the location generally identified in the Zoning By-law Amendment with specific configuration and design of the pedestrian walkway to be determined in the context of Site Plan approval, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and

B. Prepare all documents and convey a public access easement in perpetuity in favour of the City over the pedestrian walkway, including support rights, free and clear of encumbrances, and for nominal consideration, as a condition of Site Plan approval, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

iii. Access to the fitness club within the development will be available to residents of of all rental units at no cost. In the event that the fitness club ceases operation as a commercial fitness club, the floor area containing the fitness club will revert to indoor amenity space for the rental building; and

iv. The fitness club will remain under the ownership of the owner of the rental building in perpetuity and will not be conveyed to a separate entity.

v. The owner will construct and maintain the development of the site in accordance with Tier 1 of the Toronto Green Standard, and the owner will be encouraged to achieve Tier 2 of the Toronto Green Standard, where appropriate;

vi. The owner will provide a minimum 30 percent of the total residential unit mix and a minimum 30 percent of the total residential gross leasable area as affordable rental housing units, as described and defined in the Contribution Agreement, executed March 29, 2019;

vii. The owner shall provide and maintain at least ninety-two (92) dwelling units as one-bedroom affordable rental units, at least ninety-three (93) dwelling units as two-bedroom affordable rental units, and at least (46) dwelling units as three-bedroom affordable rental units, in the new 32- and 46-storey mixed use buildings, such that at least 30 percent of the total residential units overall are affordable rental units, with any amendments to the satisfaction of the Chief Planner and Executive Director, City Planning, the Executive Director, Housing Secretariat, and in consultation with the City Solicitor;

viii. The general configuration and layout of the 231 affordable rental dwelling units in the new 32- and 46-storey mixed use buildings shall be to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat;

ix.The owner shall provide and maintain the 231 affordable rental dwelling units as rental dwelling units for a minimum of 40 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 40 years from the date of first occupancy. When the 40 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

x. The owner shall provide and maintain the 231 affordable rental dwelling units at affordable rents for at least 40 years, beginning with the date that each such unit is first occupied. During the first 40 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.

xi. The provision of a non-profit licensed Child Care Centre to be located in the base building of the development on the lands, to accommodate 49 children, including infants, toddlers and preschoolers, comprising of a minimum of 685 square metres of interior space and approximately 290 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, with the precise location, capacity and related matters to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the General Manager, Children's Services and such Child Care Centre shall generally be in accordance with the following:

A. The Child Care Centre shall be constructed and finished by the owner, including a minimum of 6 parking spaces for the use of the Child Care Centre for pick-up/drop-off operations. These spaces to be assigned accordingly and their location will be identified through the site plan approval process for the development, to the satisfaction of the Chief Planner.

B. Prior to the issuance of any above grade building permit for any portion of the lands, the owner shall provide a letter of credit in the amount sufficient to guarantee 120% 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 and Treasurer; and

C. The details of the other matters as described in these Recommendations, such as timing, location, obligations and any such matters to implement the Child Care Centre will be finalized between the owner and the City and will be substantially in accordance with all applicable provincial and municipal legislation, by-laws, regulations, guidelines and standards and provincial licensing requirements, including the City of Toronto's Child Care Development Guidelines (2016), and to the satisfaction of the Executive Director, Corporate and Real Estate Management, the General Manager, Children's Services, and the Chief Planner and Executive Director, City Planning, in consultation with the City Solicitor;

7. City Council authorize appropriate City Officials to take such actions as are required to implement City Council decision, including the execution and implementation of the Section 37 Agreement.

The Toronto and East York Community Council held a statutory public meeting on April 21, 2021 and notice was given in accordance with the Planning Act.

This application proposes to amend the Zoning By-law to permit a mixed-use building with two towers, 32 and 46 storeys in height, connected by a shared podium at 27 Grosvenor Street and 26 Grenville Street. The proposal includes 770 rental dwelling units, of which 231 will be affordable rental units; a 699 square metre child care facility; a 2,081.2 square metre fitness club; and 445.4 square metres of retail on the ground level. The total gross floor area of the proposed development is 62,751.5 square metres. The proposal also includes a pedestrian walkway through the site connecting Grosvenor Street and Grenville Street.

The proposed affordable housing component of this application is approved for Open Door incentives including exemption from the payment of certain development charges and fees, and property tax rebates for the affordability period of 40 years, all as part of the Provincial Affordable Housing Lands Program.

The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020).

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