Item - 2022.TE34.9

The Toronto and East York Community Council recommends that:

1. City Council amend Zoning By-law 569-2013, for the lands at 334-350 Bloor Street West and 2-6 Spadina Road, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (June 13, 2022) 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 Amendments as may be required.

3. City Council authorize the City Solicitor to submit the necessary bill(s) to implement the foregoing recommendation(s) provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will be issued until such time as the Section 37 Agreement is executed and registered.

4. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act, and any other necessary agreement(s), satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, with such Agreement to be registered on title to the lands at 334-350 Bloor Street West and 2-6 Spadina Road in a manner satisfactory to the City Solicitor to secure the following community benefits at the owner's expense, including:

a. Prior to the issuance of the first above-grade building permit, the owner shall pay $1,750,000.00 toward the provision and maintenance of public art in accordance with the City of Toronto Public Art Program through a direct commission with an Indigenous artist or designer. The public art will be located on the ground floor and/or in the enhanced public realm of the site.

b. Prior to the earlier of condominium registration or first residential use of any residential unit on the site, the owner shall design, construct, and convey in freehold ownership to the City, in an acceptable environmental condition, for nominal consideration and at no cost to the City, a minimum of 470 square metres non-profit community space (the "Conveyed Community Agency Space") located on the northwest corner of the second floor of the proposed development and subject to the following:

i. the Conveyed Community Agency Space shall be provided in accordance with the City's Community Space Tenancy Policy and finished to Base Building Conditions, and prioritized for an Indigenous not-for-profit organization with the terms and specifications to be finalized and secured in the Section 37 Agreement, all 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;

ii. Prior to conveyance of the Conveyed Community Agency Space in Recommendation in 4.b.i above to the City, the owner shall provide a one-time cash contribution of $650,000 for future capital improvements to the Conveyed Community Agency Space; and

iii. The financial contribution pursuant to Recommendation 4.b.ii above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date City Council adopts the zoning by-law amendment(s) to the date of payment; 

c. Prior to the earlier of condominium registration or the closing of the final building permit on the site, the owner shall design, construct, finish, and furnish a minimum of 28.8 square metres of prominent ground floor space for the purpose of two non-profit community kiosks in the lobby of the proposed development and license the space at no cost to the City (the "License Community Agency Space") which shall be provided in accordance with the City's Community Space Tenancy Policy, with modifications as necessary to reflect the kiosk form, with the terms and specifications to be finalized and secured in the Section 37 Agreement, all 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, and subject to the following:

i. the entering into a license agreement with the City at no cost for 99 years with automatic renewal for the Licensed Community Agency Space and such facility shall be free of all rent, caretaking costs (of the building common areas), repair and maintenance costs (excluding wear and tear), structural and servicing elements, property damage, and utilities for a period of ninety-nine (99) years; and

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 conveyance of the Conveyed Community Agency Space and Licensed 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;

d. Concurrent with or prior to, the conveyance of the Conveyed Community Agency Space and lease of the Leased Community Agency Space, the owner and the City shall enter into, and register on title to, the appropriate lands an Easement and Shared Facilities Agreement for nominal consideration and at no cost to the City, that is in a form satisfactory to the City Solicitor. The Easement and Shared Facilities 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 Conveyed Community Agency Space and the Licensed Community Agency Space.

e. The following matters of convenience are also recommended to be secured in the Section 37 Agreement:

i. Prior to Site Plan Approval, the owner shall prepare a public art plan in accordance with the City of Toronto Public Art Program at its expense and in consultation with Indigenous partners and the Ward Councillor;

ii. An acceptable tenant relocation and assistance plan to mitigate hardship from the proposed development on eligible tenants to the satisfaction of the Chief Planner and Executive Director, City Planning;

iii. The owner construct and maintain the development of the Site in accordance with Tier 1 performance measures of the Toronto Green Standard and the owner will be encouraged to achieve Toronto Green Standard, Tier 2 or higher, where appropriate;

iv. the owner shall pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report, to be resubmitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development;

v. Prior to the earlier of Site Plan Approval or the first building permit for shoring and excavation, the Applicant shall submit the following materials for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services: Functional Servicing and Stormwater Management Report, Hydrogeological Report, Servicing Report Groundwater Summary Form, and Hydrogeological Review Summary Form; and

vi. A 1.7 metre wide publicly-accessible pedestrian midblock connection, which may include bollards, to be secured by means of a pedestrian easement as part of the site plan control process to the satisfaction of the Chief Planner and Executive Director, City Planning.

5. City Council approve the Rental Housing Demolition application (20 192558 STE 11 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 twenty-four (24) existing rental dwelling units at 334-350 Bloor St. W. and 2-6 Spadina Road, subject to the following conditions:

a. The owner shall provide and maintain twenty-four (24) replacement rental dwelling units for a period of at least 20 years beginning from the date that each replacement rental unit is first occupied. During such 20-year period, no replacement rental dwelling unit shall be registered as a condominium or any other form of ownership housing that provides a right to exclusive possession of a dwelling unit, including life-lease or co-ownership, and no application shall be made to demolish any replacement rental dwelling unit or convert any replacement rental unit to a non-residential rental purpose. The twenty-four (24) replacement rental units shall be comprised of eight (8) studios, eight (8) one-bedroom units, seven (7) two-bedroom units and one (1) three-bedroom unit and collectively contain a total gross floor area of at least 1448.5 square metres, as generally illustrated in the plans prepared by IBI Group, dated May 27, 2022, with any revision to these plans being to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. The owner shall provide and maintain at least five (5) studio, six (6) one-bedroom, three (3) two-bedroom, and one (1) three-bedroom replacement rental dwelling units at affordable rents, and three (3) studio, two (2) one-bedroom, and four (4) two-bedroom replacement rental units at mid-range rents as currently defined in the Toronto Official Plan, for a period of at least ten (10) years beginning from the date of first occupancy of each unit.

c. The owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants of the twenty-four (24) existing rental dwelling units proposed to be demolished, addressing the right to return to occupy one of the replacement rental dwelling units at similar rents, the provision of alternative accommodation at similar rents in the form of rent gap payments, and other assistance to mitigate hardship. 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;

d. The owner shall provide tenants of all twenty-four (24) replacement rental dwelling units with access to, and use of, all indoor and outdoor amenities in the proposed development at no extra charge, and on the same terms and conditions as any other resident of the development, without the need to pre-book or pay a fee unless specifically required as a customary practice for private bookings;

e. The owner shall provide ensuite laundry in each replacement rental dwelling unit or access to shared laundry facilities within the proposed development at no additional cost to tenants;

f. The owner shall provide central air conditioning in each replacement rental dwelling unit within the proposed development at no additional cost to tenants;

g. The owner shall provide tenants of the replacement rental dwelling units with access to all bicycle and visitor vehicular parking at no charge and on the same terms and conditions as any other resident of the development;

h. The owner shall provide and make available at least eleven (11) storage lockers to tenants of the replacement rental units at a similar monthly charge as tenants currently pay, and such storage lockers shall be made available firstly to returning tenants and secondly to new tenants of the replacement rental units;

i. The twenty-four (24) replacement rental dwelling units required in Recommendation 5.a. above shall be made ready and available for occupancy no later than the date by which seventy percent (70%) of the new dwelling units in the proposed development, exclusive of the replacement rental units, are made available and ready for occupancy, subject to any revisions to the satisfaction of the Chief Planner and Executive Director, City Planning; and

j. The owner shall enter into, and register on title to the lands at 334-350 Bloor St. W. and 2-6 Spadina Road, one or more agreement(s) to secure the conditions outlined in Recommendations 5.a. through 5.i. above, including an agreement pursuant to Section 111 of the City of Toronto Act, 2006, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

6. City Council authorize the Chief Planner and Executive Director, City Planning to issue Preliminary Approval of 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 twenty-four (24) rental dwelling units at 334-350 Bloor St. W. and 2-6 Spadina Road after all the following have occurred:

a. All conditions in Recommendation 5 above have been secured;

b. The Zoning By-law Amendments 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 permits) 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; and

f. The execution and registration of agreements pursuant to Section 37 of the Planning Act and Section 111 of the City of Toronto Act, 2006 securing Recommendations 5.a. through 5.j above and any other requirements of the Zoning By-law Amendments (if applicable).

7. 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 the Preliminary Approval referred to in Recommendation 6 above.

8. City Council authorize the Chief Building Official to issue a Residential Demolition Permit under Chapter 363 of the Toronto Municipal Code and Section 33 of the Planning Act for the residential buildings located at 334-350 Bloor Street West and 2-6 Spadina Road no earlier than the issuance of the first building permit for excavation and shoring of the development and after the Chief Planner and Executive Director, City Planning Division has issued the Preliminary Approval referred to in Recommendation 4 above, which may be included in the demolition permit for Chapter 667 under 363-6.2 of the Toronto Municipal Code, on condition that:

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

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

c.  The owner erects the proposed building on site no later than four (4) years from the day demolition of the buildings is commenced subject to the timeframe being extended to the discretion of the Chief Planner and Executive Director, City Planning and Chief Building Official; and

d.  Should the owner fail to complete the new building within the time specified in Recommendation 6.c. above, the City Clerk shall be entitled to enter on the collector’s roll, to be collected in a like manner as municipal taxes, the sum of twenty thousand dollars ($20,000.00) for each dwelling unit for which a demolition permit is issued, and that each sum shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.

9. 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).

The Toronto and East York Community Council held a statutory public meeting on June 29, 2022 and notice was given in accordance with the Planning Act.

This application proposes to amend the Zoning By-law to permit a 35-storey mixed-use building, containing 422 residential dwelling units (including 24 rental replacement units), 8,200 square metres of non-residential gross floor area, and 3,716 square metres of office uses at 334-350 Bloor Street West and 2-6 Spadina Road. The site includes 6A Spadina Road which is currently occupied by a one-storey, City-owned, pavilion entrance to the Spadina TTC Subway Station. The subway entrance is proposed to be demolished and rebuilt within the base of the new building.

A minimum of 470 square metres of office space is to be conveyed to the City, as well as two kiosk areas, within an 'Urban Living Room' on the ground floor. These spaces are intended to be used by Indigenous non-profit organization(s). Public art by an Indigenous artist or designer is also proposed to be incorporated into the design of the 'Urban Living Room' and kiosks, as well as in the widened pedestrian zone along Spadina Avenue and the plaza at the recessed entrance to the 'Urban Living Room'.

An east-west midblock connection is proposed at the northern limit of the site adjacent to the new driveway from Spadina Road.

A Tenant Relocation and Assistance Plan will ensure existing eligible tenants reserve the right to return to replacement rental units at similar rents and are provided with financial assistance to help mitigate hardship.

The proposed development is consistent with the Provincial Policy Statement (2020), conforms with the Growth Plan for the Greater Golden Horseshoe (2020), conforms with the relevant policies of the Official Plan and the Downtown Plan, and is consistent with the Tall Building Guidelines. This report reviews and recommends approval of the application to amend the Zoning By-law and recommends approval of the associated Rental Housing Demolition application.