Item - 2022.CC47.20

City Council on July 19, 20, 21 and 22, 2022, adopted the following:

 

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 8, 2022) from the City Solicitor.

 

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A and B to the report (July 8, 2022) from the City Solicitor.

 

3. City Council direct the balance of Confidential Attachment 1 to the report (July 8, 2022) from the City Solicitor remain confidential, as it contains advice that is subject to solicitor-client privilege.

 

The confidential instructions to staff in Confidential Attachment 1 to the report (July 8, 2022) from the City Solicitor, were adopted by City Council and are now public as follows:

 

1. City Council accept the without prejudice settlement offer set out in Confidential Appendix A to the report (July 8, 2022) from the City Solicitor and support a revised proposal that is substantially in accordance with Confidential Appendix B (collectively the “Settlement Offer”) to the report (July 8, 2022) from the City Solicitor and subject to the Parts below.

 

2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing on this matter in support of the Settlement Offer for the lands municipally known as 510-528 Yonge Street and 7 Breadalbane Street.

 

3. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the Official Plan Amendment and the Zoning By-law Amendment until the earlier of August 12, 2022, or the Ontario Land Tribunal having been advised by the City Solicitor that:

 

a. the proposed Official Plan Amendment is in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; and

 

b. the proposed Zoning By-law Amendment(s) are in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, which shall include, but not be limited to, the provisions in Part 4 below.

 

4. City Council instruct the City Solicitor to request that the final form of the Zoning By-law Amendment(s) to be issued by the Ontario Land Tribunal contain the following provisions:

 

a. pursuant to Section 37 of the Planning Act, and subject to compliance with this By-law, the increase in height and density of the development is permitted beyond that otherwise permitted on the lands shown on Diagram 1 of this By-law, in return for the provision by the owner, at the owner’s expense of the facilities, services and matters set out in Schedule A hereof and which are secured by one or more agreements pursuant to Section 37(3) of the Planning Act that are in a form and registered on title to the lands to the satisfaction of the City Solicitor;

 

b. where Schedule A of this By-law requires the owner to provide certain facilities, services or matters prior to the issuance of a building permit, the issuance of such permit shall be dependent on satisfaction of the same;

 

c. the owner must not use, or permit the use of, a building or structure erected with an increase in height and density pursuant to this By-law, unless the provisions of Schedule A of such By-law are satisfied; and

 

d. Schedule A attached to the Zoning By-law Amendment(s) shall provide as follows:

 

Prior to the issuance of the first building permit in respect of the lands shown on Diagram 1 attached to this By-law, the owner shall enter into an agreement under Section 37(3) of the Planning Act and register same in priority, to the satisfaction of the City Solicitor, whereby the owner agrees to secure the facilities, services and matters set out below which are required to be provided to the City at the owner's expense as follows:

 

i. the owner will design, construct, finish, and maintain 25 affordable rental housing dwelling units on the site (the "Affordable Housing Units"), in accordance with the following terms:

 

a. at least 4 of the new affordable rental dwelling units will be three-bedroom rental units with an average unit size that is no smaller than the average size of 90 square metres;

 

b. at least 7 of the new affordable rental dwelling units will be two-bedroom rental units with an average unit size that is no smaller than the average size of 70 square metres;

 

c. at least 14 of the new affordable rental dwelling units have at least one bedroom per unit and will be no smaller than 50 square metres;

 

d. the 25 new affordable rental dwelling units will be provided in vertically and/or horizontally contiguous groups of 6 or more dwelling units within the development;

 

e. the location and layouts of the new affordable rental dwelling units within the development will be developed prior to site plan approval, to the satisfaction of the Chief Planner and Executive Director, City Planning;

 

f. all 25 new affordable rental dwelling units will be provided as secured rental housing at affordable rents, as currently defined in the Toronto Official Plan, for a minimum period of ninety-nine years beginning from the date that each such unit is first occupied; during such ninety-nine year period, the rent (inclusive of utilities) charged to any tenant of a new affordable rental dwelling unit shall not exceed one (1) times the average rent for the same bedroom type in the City of Toronto, as reported by the Canada Mortgage and Housing Corporation in its most recent Rental Market Survey, and no application shall be made to demolish any affordable rental dwelling unit or to convert any affordable rental dwelling unit to a non-residential rental purpose;

 

g. notwithstanding Part 4.d.i.f. above, after the first year of occupancy of an affordable rental dwelling unit, the rent (inclusive of utilities) charged to any first tenant or new tenant of a new affordable rental dwelling unit will be escalated annually by not more than the annual provincial rent guideline, irrespective of whether such guideline is applicable under the Residential Tenancies Act, 2006 or any successor legislation governing residential tenancies in Ontario, until the tenancy ends;

 

h. at least 6 months in advance of any new affordable rental dwelling unit being made available for rent, the owner will develop and implement a Tenant Access Plan in consultation with, and to the satisfaction of, the Executive Director, Housing Secretariat to ensure the affordable rental units are rented to eligible households;

 

i. the 25 new affordable rental dwelling units shall be made ready and available for occupancy no later than the date by which seventy percent (70 percent) of the new dwelling units in the development are available and ready for occupancy;

 

j. the owner will provide all tenants of the affordable rental dwelling units with access to, and use of, all indoor and outdoor amenities in the development at no extra charge and on the same terms and conditions as any other resident of the building without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings; and

 

k. the owner will provide all tenants of the affordable rental dwellings units with laundry facilities on the same basis as other residents of the development at no extra charge;

 

ii. pursuant to the site plan control application process but in any event prior to the first permit issuance under Section 8 of the Building Code Act, 1992 for the Site, the owner will submit documentation and financial contributions in the form of certified cheques for the implementation of a Transportation Demand Management plan; these provisions include:

 

a. a $50,000 cash payment for a bike-share station in the area of the development; and

 

b. the submission of comprehensive Construction Management Plans for each stage of the construction process, to the satisfaction of the General Manager, Transportation Services; these plans must illustrate the location of employee/trades parking, heavy truck access points, material storage, construction site fencing and overhead cranes; we advise the applicant that they cannot use the municipal right-of-way for construction-related purposes without first receiving written authorization from our Permits and Enforcement Section, including payment of the necessary fees;

 

iii. pursuant to the site plan control application process for the Site, the owner will:

 

a. in accordance with the City's Curb Extension and Lane Width Guidelines, provide a curb bump-out along the Breadalbane Street frontage of the site, extending from Yonge Street to St. Luke Lane, to the satisfaction of the General Manager, Transportation Services;

 

b. revise the boulevard cross-section of Breadalbane Street to include the above-noted curb bump-out and typical dimensions/spacing for the required buffer/planting zone and 2.1 metre wide pedestrian clearway, free and clear of obstructions to the satisfaction of the General Manager, Transportation Services;

 

c. submit a functional plan for the curb extension along Breadalbane Street, including pavement marking and signage modifications required to complete the work, to the satisfaction of the General Manager, Transportation Services; and

 

d. provide a minimum of two (2) bike repair stations provided on-site, to the satisfaction of the General Manager, Transportation Services;

 

iv. prior to site plan approval for the Site, the owner will at its sole expense convey to the City, for nominal consideration, a stratified 0.26 metre wide strip of land along the western limit of 510 Yonge Street abutting St. Luke Lane, to a minimum depth of 1.2 metres below the finished grade and a minimum height of 7.1 metres above the finished grade, such lands to be free and clear of all encumbrances and obstructions and in compliance with all City policies for the conveyance of land, with easements of support and subject to a right-of-way for access purposes, including construction access, until such time as the widening lands are laid out and dedicated by the City for lane widening purposes, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor;

 

v. the owner will provide 1 car-share membership per residential unit offered in the first year of occupancy;

 

vi. the owner will provide 1 bike-share membership per residential unit offered in the first year of occupancy;

 

vii. the owner will provided 1 pre-loaded Presto pass ($50.00 value each) per residential unit offered in the first year of occupancy;
 

viii. the owner shall 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 the development;

 

ix. prior to the issuance of the first permit pursuant to Section 8 of the Building Code Act, 1992, the owner shall obtain approval from the Chief Planner and Executive Director, City Planning for the Rental Housing Demolition Application (File 20 207360 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 the existing rental dwelling units, and satisfy any associated conditions, including entering into an agreement pursuant to Section 111 of the City of Toronto Act, 2006 with the City and register said agreement on title, to the satisfaction of the City Solicitor;

 

x. prior to the issuance of the first permit pursuant to Section 8 of the Building Code Act, 1992, the owner shall obtain approvals pursuant to Section 33 of the Ontario Heritage Act for the alteration of the properties municipally known as 516 Yonge Street and 526 Yonge Street, and satisfy any associated conditions, including the provision of Conservation Plans satisfactory to the Senior Manager, Heritage Planning and entering into agreement(s) pursuant to Section 37 of the Ontario Heritage Act with the City, to the satisfaction of the Senior Manager, Heritage Planning and the registration of said agreement(s) on title, to the satisfaction of the City Solicitor; and

 

xi. prior to the issuance of the first permit pursuant to Section 8 of the Building Code Act, 1992, the owner shall enter into a limiting distance agreement with the City and the owner of the lands municipally known as 502-504, 506 and 508 Yonge Street in respect of the site and the lands municipally known as 502-504, 506 and 508 Yonge Street and register said agreement on title, to the satisfaction of the City Solicitor.

 

5. If the Ontario Land Tribunal cannot issue its final Order on the Zoning By-law Amendment on or before August 11, 2022, City Council instruct the City Solicitor to request the Ontario Land Tribunal to render its Order on the Official Plan Amendment and the Zoning By-law Amendment effective as of no later than August 12, 2022.

 

6. City Council authorize the City Solicitor to enter into and register on title to the lands, one or more agreements pursuant to Section 37, at the owner's expense, to secure the following matters, on such terms and conditions as may be required, all satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor:

 

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

 

i. the owner will design, construct, finish, and maintain 25 affordable rental housing dwelling units on the site (the "Affordable Housing Units"), in accordance with the following terms:

 

1. at least 4 of the new affordable rental dwelling units will be three-bedroom rental units with an average unit size that is no smaller than the average size of 90 square metres;

 

2. at least 7 of the new affordable rental dwelling units will be two-bedroom rental units with an average unit size that is no smaller than the average size of 70 square metres;

 

3. at least 14 of the new affordable rental dwelling units have at least one bedroom per unit and will be no smaller than 50 square metres;

 

4. the 25 new affordable rental dwelling units will be provided in vertically and/or horizontally contiguous groups of 6 or more dwelling units within the development;

 

5. the location and layouts of the new affordable rental dwelling units within the development will be developed prior to site plan approval, to the satisfaction of the Chief Planner and Executive Director, City Planning;

 

6. all 25 new affordable rental dwelling units will be provided as secured rental housing at affordable rents, as currently defined in the Toronto Official Plan, for a minimum period of ninety-nine years beginning from the date that each such unit is first occupied; during such ninety-nine year period, the rent (inclusive of utilities) charged to any tenant of a new affordable rental dwelling unit shall not exceed one (1) times the average rent for the same bedroom type in the City of Toronto, as reported by the Canada Mortgage and Housing Corporation in its most recent Rental Market Survey, and no application shall be made to demolish any affordable rental dwelling unit or to convert any affordable rental dwelling unit to a non-residential rental purpose;

 

7. notwithstanding Part 6.a.i.6. above, after the first year of occupancy of an affordable rental dwelling unit, the rent (inclusive of utilities) charged to any first tenant or new tenant of a new affordable rental dwelling unit will be escalated annually by not more than the annual provincial rent guideline, irrespective of whether such guideline is applicable under the Residential Tenancies Act, 2006 or any successor legislation governing residential tenancies in Ontario, until the tenancy ends;

 

8.  at least 6 months in advance of any new affordable rental dwelling unit being made available for rent, the owner will develop and implement a Tenant Access Plan in consultation with, and to the satisfaction of, the Executive Director, Housing Secretariat to ensure the affordable rental units are rented to eligible households;

 

9. the 25 new affordable rental dwelling units shall be made ready and available for occupancy no later than the date by which seventy percent (70 percent) of the new dwelling units in the development are available and ready for occupancy;

 

10. the owner will provide all tenants of the affordable rental dwelling units with access to, and use of, all indoor and outdoor amenities in the development at no extra charge and on the same terms and conditions as any other resident of the building without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings; and

 

11. the owner will provide all tenants of the affordable rental dwellings units with laundry facilities on the same basis as other residents of the development at no extra charge; and

 

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

 

i. pursuant to the site plan control application process but in any event prior to the first permit issuance under Section 8 of the Building Code Act, 1992 for the Site, the owner will submit documentation and financial contributions in the form of certified cheques for the implementation of a Transportation Demand Management (TDM) plan; these provisions include:

 

1. a $50,000 cash payment for a bike-share station in the area of the development; and

 

2. the submission of comprehensive Construction Management Plans for each stage of the construction process, to the satisfaction of the General Manager, Transportation Services; these plans must illustrate the location of employee/trades parking, heavy truck access points, material storage, construction site fencing and overhead cranes; we advise the applicant that they cannot use the municipal right-of-way for construction-related purposes without first receiving written authorization from our Permits and Enforcement Section, including payment of the necessary fees;
 

ii. pursuant to the site plan control application process for the Site, the owner will:

 

1. in accordance with the City's Curb Extension and Lane Width Guidelines, provide a curb bump-out along the Breadalbane Street frontage of the site, extending from Yonge Street to St. Luke Lane, to the satisfaction of the General Manager, Transportation Services;

 

2. revise the boulevard cross-section of Breadalbane Street to include the above-noted curb bump-out and typical dimensions/spacing for the required buffer/planting zone and 2.1 metre wide pedestrian clearway, free and clear of obstructions to the satisfaction of the General Manager, Transportation Services;

 

3. submit a functional plan for the curb extension along Breadalbane Street, including pavement marking and signage modifications required to complete the work, to the satisfaction of the General Manager, Transportation Services; and

 

4. provide minimum of two (2) bike repair stations provided on-site, to the satisfaction of the General Manager, Transportation Services;

 

iii. prior to site plan approval for the Site, the owner will at its sole expense convey to the City, for nominal consideration, a stratified 0.26 metre wide strip of land along the western limit of 510 Yonge Street abutting St. Luke Lane, to a minimum depth of 1.2 metres below the finished grade and a minimum height of 7.1 metres above the finished grade, such lands to be free and clear of all encumbrances and obstructions and in compliance with all City policies for the conveyance of land, with easements of support and subject to a right-of-way for access purposes, including construction access, until such time as the widening lands are laid out and dedicated by the City for lane widening purposes, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor;

 

iv. the owner will provide 1 car-share membership per residential unit offered in the first year of occupancy;

 

v. the owner will provide 1 bike-share membership per residential unit offered in the first year of occupancy;

 

vi. the owner will provided 1 pre-loaded Presto pass ($50.00 value each) per residential unit offered in the first year of occupancy;

 

vii. the owner shall 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 the development;

 

viii. prior to the issuance of the first permit pursuant to Section 8 of the Building Code Act, 1992, the owner shall obtain approval from the Chief Planner and Executive Director, City Planning for the Rental Housing Demolition Application (File 20 207360 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 the existing rental dwelling units, and satisfy any associated conditions, including entering into an agreement pursuant to Section 111 of the City of Toronto Act, 2006 with the City and register said agreement on title, to the satisfaction of the City Solicitor;

 

ix. prior to the issuance of the first permit pursuant to Section 8 of the Building Code Act, 1992, the owner shall obtain approvals pursuant to Section 33 of the Ontario Heritage Act for the alteration of the properties municipally known as 516 Yonge Street and 526 Yonge Street, and satisfy any associated conditions, including the provision of Conservation Plans satisfactory to the Senior Manager, Heritage Planning and entering into agreement(s) pursuant to Section 37 of the Ontario Heritage Act with the City, to the satisfaction of the Senior Manager, Heritage Planning and the registration of said agreement(s) on title, to the satisfaction of the City Solicitor; and

 

x. prior to the issuance of the first permit pursuant to Section 8 of the Building Code Act, 1992, the owner shall enter into a limiting distance agreement with the City and the owner of the lands municipally known as 502-504, 506 and 508 Yonge Street in respect of the site and the lands municipally known as 502-504, 506 and 508 Yonge Street and register said agreement on title, to the satisfaction of the City Solicitor.

 

9. City Council require the owner to file an application(s) under Section 33 of the Ontario Heritage Act permitting the alteration of the properties municipally known as 516 and 526 Yonge Street, each designated under Part IV of the Ontario Heritage Act pursuant to the passing of City of Toronto By-laws 84-2022 and 85-2022 by no later than January 31, 2023.

 

10. Subject to the owner's satisfaction of the requirement set out in the Part 9 above, City Council direct the Senior Manager, Heritage Planning to file their report in respect of the application(s) to the Toronto Preservation Board during the second quarter of 2023.

 

11. City Council direct the Chief Planner and Executive Director, City Planning to file their final report in respect of the owner's Rental Housing Demolition Application (20 207360 STE 13 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of the existing rental dwelling units at 510-528 Yonge Street and 7 Breadalbane Street during the second quarter of 2023.

 

12. City Council require the owner to cause the withdrawal of the appeal of Official Plan Amendment 352 and the associated implementing zoning by-laws in respect of the Site on or before the Ontario Land Tribunal settlement hearing scheduled for July 27, 2022.

 

13. City Council require the owner to cause the withdrawal of the appeal of the North Downtown Yonge Site and Area Specific Policy 382 (Official Plan 183) in respect of the Site on or before the Ontario Land Tribunal settlement hearing scheduled for July 27, 2022.

 

14. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision.

 

Confidential Appendices A and B to the report (July 8, 2022) from the City Solicitor are now public and can be accessed under Background Information (City Council).

 

The balance of Confidential Attachment 1 to the report (July 8, 2022) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.