Proposed Settlement - Official Plan, Zoning By-Law and

Subdivision Appeals - 2230, 2324 and 2336 Gerrard Street East

(East of Main) (East Toronto)

The Toronto Community Council submits this matter to Council without recommendation.

The Toronto Community Council submits the following report (January19, 1999) from the City Solicitor:

Purpose:

To recommend to Council a settlement of the ongoing Official Plan, Zoning By-law and Subdivision appeals in connection with the East of Main Lands.

Funding Sources, Financial Implications:

Not applicable in terms of additional funding, however, a settlement will substantially reduce professional fees related to outside planning consultants under existing retainer.

Recommendations:

(1)That Council endorse the proposed settlement of the outstanding Official Plan, Zoning By-law and Subdivision appeals in connection with the East of Main lands on the basis set out in Section B of this Report; and

(2)That the City Solicitor, with the assistance of relevant City officials, be authorized to take any action necessary including attendance at the Ontario Municipal Board to give effect to this settlement as described herein below, including preparation and the execution by the City's signing officers of Minutes of Settlement, and necessary Section 37 and Subdivision Agreements in a form satisfactory to the City Solicitor.

Council Reference/Background:

This matter was most recently dealt with by City Council at its meeting held on November 26, 27 and 28, 1998 in which my Report (November 23, 1998) was adopted allowing for the continued retainer of Urban Strategies Inc. to assist the City in presenting an alternate community plan for the East of Main subdivision to the Ontario Municipal Board (OMB). Since that time, further discussions have occurred upon the initiative of the local residents and Ward Councillors and the terms of settlement set out below have emerged. These terms have been agreed to by the owner of the lands, Perrinton Developments Ltd. (Perrinton) and are recommended by the City's external planning consultants, Urban Strategies Inc., the Commissioner of Urban Development Services and by Legal Services. The Canada Lands Company (CLC), a federal agency which is the former owner of the site, is supportive of the proposed settlement and will contribute through repurchase of 1.5 acres of parkland to the City. The OMB hearing stands adjourned to February 17, 1999 to permit the presentation of the settlement proposal to City Council.

Terms of Proposed Settlement:

Perrinton has before the OMB the necessary Official Plan, Zoning and Subdivision appeals to permit a 480 unit subdivision utilizing a variety of housing types, including stacked townhouses, on a 32 acre site. The existing East of Main Part II provisions designate the lands, the former CN Rail Yard, for residential redevelopment at a density of 1.35 X coverage with which the Perrinton proposal complies. In accordance with the Planning Act provisions relating to parkland dedication, 5 percent of the site or approximately 1.6 acres of land would be conveyed to the City. Certain offsite roadway improvements would also be provided. No other public benefits are part of this proposal as it currently exists before the OMB.

The basis of the proposed settlement is as follows:

(I)Parkland dedication of approximately 4.5 acres by Perrinton, to which CLC will add 1.5 acres for a total park dedication of over 6.0 acres;

(ii)Payment by Perrinton of a $710,500.00 levy to the Toronto Board of Education;

(iii)Payment to the City by Perrinton of $25,000.00 to be applied to improvements to the parkland beyond basic remediation, grading and seeding together with additional funds in an amount to be finalized for community services and facilities;

(iv)Unit count in the range of 440-495 dwelling units;

(v)Enhanced urban design through the use of alternate streets and blocks plan incorporating many of the concepts of the Urban Strategies Community Plan presented to Council in November of last year;

(vi)Revised urban design guidelines to reflect the new plan and to achieve public design objectives with respect to the townhouse block;

(vii)Offsite roadway improvements; and

(viii)Acquisition by City of two storey pavilion building in Community Park upon termination of 50 year ground lease.

Conclusion:

The settlement is recommended on the basis of the certainty it brings the City in obtaining a substantially enhanced package of public benefits. Both internal Planning staff and outside retained consultants have provided me with opinions that they would support the alternate Perrinton plan at the OMB as being good planning. There has been extensive public involvement throughout the process and I am advised by Councillor Bussin office that the "Steering Committee" of the organized residents group has voted in favour of the settlement as outlined above.

If endorsed by Council the next steps following execution of Minutes of Settlement, which have been agreed to in principle by Perrinton, is for City staff to finalize the form of planning instruments and to prepare conditions of draft plan approval to bring forward to the February 17, 1990 resumption of the OMB hearing. Thereafter the necessary subdivision and Section 37 Agreement would be prepared for registration on title. Any persons remaining in opposition to this matter could be heard by the Board on February 17, 1999. Avoidance of a heavily contested hearing in this matter will substantially reduce the City's outside planning costs.

Contact Name:

Robert Balfour, Solicitor

Planning & Administrative Tribunal Law

Tel: (416) 392-7225

Fax: (416) 392-0530