Item - 2022.PH34.3

The Planning and Housing Committee recommends that:

1. City Council amend Zoning By-law 569-2013, as amended, for the lands at 805 Don Mills Road and the lands shown as Block 6 on the Draft Plan of Subdivision, substantially in accordance with the recommended Zoning By-law Amendment attached as Attachment 4 to the report (May 16, 2022) from the Chief Planner and Executive Director, City Planning.

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

3. In accordance with the delegated authority under By-law 229-2000, as amended, City Council be advised that the Chief Planner and Executive Director, City Planning intends to approve the Draft Plan of Subdivision for the lands at 805 Don Mills Road as generally illustrated on Attachment 5 to the report (May 16, 2022) from the Chief Planner and Executive Director, City Planning, subject to:

a.   the City obtaining a fee simple interest in the lands shown as Block 6 and Block 7 in the Draft Plan of Subdivision, currently the northeast portion of the property municipally addressed as 24 Ferrand Drive;

b.   the condition that a Lease Agreement has been entered into between the City and the development partner that includes, to the satisfaction of the Chief Planner and Executive Director, City Planning, standard subdivision obligations as applicable and with necessary modifications for implementation of the proposed plan as well as site specific subdivision requirements generally outlined in Attachment 6 on such terms including details and timing, as are set out in the Lease Agreement; and

c.   revisions to the proposed Draft Plan of Subdivision and addition or modified subdivision requirements for inclusion in the Lease Agreement with the development partner as the Chief Planner and Executive Director, City Planning, may deem appropriate to address matters arising from the ongoing technical review of this development.

4. City Council request the Chief Executive Officer, CreateTO, in consultation with the Chief Planner and Executive Director, City Planning and the City Solicitor, to engage City partners and the development partner to advance the detailed design of development requirements identified in Attachment 7 to the report (May 16, 2022) from the Chief Planner and Executive Director, City Planning, to the satisfaction of the Chief Planner and Executive Director, City Planning and City Solicitor and to secure the delivery of the development requirements on terms, including details and timing, in a Lease Agreement with the development partner.

5. City Council direct that any future planning applications for 805 Don Mills Road, including an application for Site Plan Control, be reviewed in the context of the 805 Don Mills Road Design Brief (April 2022), provided as Attachment 8 to the report (May 16, 2022) from the Chief Planner and Executive Director, City Planning.

6. City Council authorize, as a component of the Registration of the M-Plan, a Transfer of Operational Management is to occur from Corporate Real Estate Management to Parks, Forestry and Recreation for those lands comprising of the Parkland, having a minimum size of 992 square metres, to the satisfaction of the General Manager, Parks, Forestry and Recreation.

7. City Council authorize the General Manager, Parks, Forestry and Recreation, to sign on behalf of the City, the City's standard form agreements, including insurance, release and indemnity in favor of the City with the development partner for tieback installations and crane swings, for the future park located at 805 Don Mills Road, on terms and conditions satisfactory to the General Manager Parks, Forestry and Recreation, including the payment of compensation to the City, in an amount as determined by the Executive Director, Corporate Real Estate Management.

8. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the development partner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation. The development charge credit shall be in the amount that is the lesser of the cost to the applicant 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 the development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

9. City Council authorize the installation of traffic control signals at the intersection of Eglinton Avenue East and Ferrand Drive.

The Planning and Housing Committee held a statutory public meeting on May 31, 2022 and notice was given in accordance with the Planning Act.

The City-owned property located at 805 Don Mills Road is one of 21 sites approved by City Council for redevelopment through the Housing Now Initiative. This report recommends approval of a City-initiated Zoning By-law Amendment to Zoning By-law 569-2013 to permit the proposed development concept. The report also outlines the proposed Draft Plan of Subdivision for the site, which prepares the site for development of two mixed use development blocks, parkland, a new public street and the realignment of Ferrand Drive. An associated Housing Now site to the west of this site at 770 Don Mills Road is subject of a separate report also being considered at the May 31, 2022 Planning and Housing Committee meeting.

The recommended Zoning By-law Amendment implements and conforms to the Don Mills Crossing Secondary Plan (Official Plan Amendment 404), which sets the foundation and guiding principles for implementation of the development vision for these lands, including the provision of new affordable housing, community facilities and parkland. The proposed development concept is for two mixed-use buildings at 48-storeys and 27-storeys, with frontage on Eglinton Avenue East. The development will deliver approximately 840 new residential units, of which 33 percent (277 units), will be provided as new affordable rental through the Housing Now Initiative. The site also includes a new public park, a new public street and the realignment of an existing public right-of-way. The development will provide space for retail and other non-residential uses, and a new non-profit child care. The net development density on the site has a floor space index of 7.85 on the mixed-used development blocks.

Redevelopment of 805 Don Mills Road will provide homes for Torontonians, located on two new transit lines linking the site with the rest of the City. The recommended Zoning By-law Amendment provides for elements of a complete community, while the Design Brief and the policy foundation of the Secondary Plan provide direction for high quality design in new buildings and the public realm. The mixed-use blocks will be leased to a selected development partner for a 99 year term. The selected partner will be responsible for detailed design and construction of the required municipal infrastructure, including streets and services, based on the initial work undertaken as outlined in this report and its attachments.

The recommended Zoning By-law Amendment and Draft Plan of Subdivision is consistent with the Provincial Policy Statement (2020), conforms with the Growth Plan for the Greater Golden Horseshoe (2020), the City's Official Plan including the Don Mills Crossing Secondary Plan.