Item - 2021.TE29.3

That City Council adopt the following recommendations in the report (November 3, 2021) from Director, Community Planning, Toronto and East York District, as amended by the recommendations in the supplementary report (December 7, 2021) from the Chief Planner and Executive Director, City Planning [TE29.3a]:

1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 700 University Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 5 to the November 3, 2021 report from the Director, Community Planning, Toronto and East York District.

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 City Council for enactment, require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act 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, a cash contribution of $8,250,000 towards the provision of affordable housing in the vicinity of the site, to the satisfaction of the Chief Planner and Executive Director, City Planning Division, in consultation with the Ward Councillor and the Executive Director, Housing Secretariat;

ii. All cash contributions referred to in Recommendation 3(a)(i) shall be indexed upwardly in accordance with the Statistics Canada Construction Price Index for Toronto, calculated from the date of registration of the Section 37 Agreement to the date the payment is made.

iii. In the event the cash contributions referred to in Recommendation 3(a)(i) have not been used for the intended purposes within 3 years of the By-laws 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 Division, in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in Ward 11.

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

i. Prior to the commencement of any excavation and shoring work, the owner shall submit a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning Division, the General Manager of Transportation Services, and the Chief Building Official, in consultation with the Ward Councillor, in consultation with the Toronto District School Board through the Toronto Lands Corporation and the local community, 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 Toronto District School Board through the Toronto Lands Corporation and 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.

ii. Prior to the commencement of any excavation and shoring work, and as part of the Construction Management Plan, the owner submit an air quality and dust management plan prepared by a third party, and to the satisfaction of the Chief Planner and Executive Director, City Planning Division, and subject to peer review, and thereafter shall implement the plan during the course of construction. The owner shall be responsible for any costs associated with the mitigation measures recommended as part of the air quality and dust management plan such as, but not limited to, HVAC upgrades to the Orde Street School, as may be solely required or related to and during the period of its construction activities.  The owner shall also be responsible for any costs related to peer review of the air quality and dust review if deemed necessary by the Chief Planner.

4. Prior to issuance of the Statement of Approval, the owner is required to introduce wind mitigation measures during the Site Plan Control application, as identified in the Pedestrian Wind Study, dated August 25, 2021, to the satisfaction of the Chief Planner and Executive Director, City Planning.

5. Before introducing the necessary Bills to City Council, require the applicant to address comments identified in the Engineering & Construction Services memo to City Planning, dated September 3, 2021, and any subsequent memo prepared in response to applicant resubmission(s).

The Toronto and East York Community Council;

1.  Forward to City Council without recommendation; and

2.  Request staff to continue to work with the applicant prior to City Council to resolve outstanding concerns respecting  the community benefits set out in Recommendation 3, including but not limited to, Recommendation 3.a., regarding the re-allocation of $8,250,000 in S.37 contributions towards maximizing on-site affordable housing, and Recommendation 3.b., regarding securing additional measures to address noise and dust impacts from construction onto the adjacent public school to address any health and safety concern and any costs associated with abatement for dust or noise for the TDSB both inside the school and to the adjacent school yard; and to report directly to the December 15 and 16, 2021 meeting of City Council on their findings.