Item - 2008.TE15.9

City Council on May 26 and 27, 2008 adopted the following motions:

1.         City Council amend Zoning By-law 438-86, as amended, for the former City of Toronto substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 8 of the report (April 14, 2008) from the Acting Director, Community Planning, Toronto and East York District.

2.         City Council authorize 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, City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act to secure the following public benefits:

i.          a Heritage Easement Agreement with the City for the retained and reconstructed portion of 832 Bay Street (McLaughlin Motor Car Showroom) including design guidelines for exterior signage;

ii.          a detailed Conservation and Restoration Plan, prepared by a qualified heritage consultant, detailing the dismantling, storage, restoration and reconstruction  of 832 Bay Street (McLaughlin Motor Car Showroom) satisfactory to the Manager, Heritage Preservation Services;

iii.         prior to the issuance of any building permit for 832 Bay Street (McLaughlin Motor Car Showroom), including a permit for the demolition, excavation and/or shoring of the property, the owner shall:

a.         provide a Letter of Credit in a form and an amount satisfactory to the Chief Planner and Executive Director, City Planning Division, to secure all work included in the Conservation and Restoration Plan;

b.         provide a record of the as-found condition of 832 Bay Street (McLaughlin Motor Car Showroom), including all survey documentation and interior casting samples, satisfactory to the Manager, Heritage Preservation Services; and

c.         provide building permit drawings, satisfactory to the Manager, Heritage Preservation Services;

iv.         prior to the release of the Letter of Credit, the owner shall:

a.         complete the heritage conservation and restoration work, satisfactory to the Manager, Heritage Preservation Services; and

b.         provide and implement an interpretation program for 832 Bay Street (McLaughlin Motor Car Showroom), satisfactory to the Manager, Heritage Preservation Services;

v.         prior to the issuance of the first above grade permit, provide a contribution in the amount of $800,000 to be used for the improvement of local streetscapes, other than those abutting the site, as outlined in the City’s Streetscape Manual and satisfactory to the Chief Planner and Executive Director, and/or parks, to be located within the area bounded by Yonge Street, Queen’s Park Crescent East, Wellesley Street and College Street, which will be indexed in a form satisfactory to the City and as outlined in Appendix 1 of the Draft Zoning By-law amendment attached to the report (April 14, 2008) from the Acting Director, Community Planning, Toronto and East York District;

vi.         provide and maintain public art works pursuant to a Percent for Public Art Program to be located on publicly accessible portions of the site to a value not less than one percent of the gross construction costs of all buildings and structures to be erected on the site;

vii.        incorporate, in the construction of the building, exterior materials to be shown on the podium on 1:50 scale drawings along Bay Street, Grenville Street and Grosvenor Street with building materials labelled to the approval of the Chief Planner and Executive Director;

viii.       require revisions to the development, addressing the recommendations of the Pedestrian Level Wind Report as prepared by F. H. Theakston Environmental Control Incorporated, date stamped as received September 24, 2007, which identifies areas where mitigation is required, satisfactory to the Chief Planner and Executive Director;

ix.         provide and maintain an irrigation system at the owner’s expense for any proposed trees within the public road allowance, including an automatic timer, designed to be water efficient by a Certified Landscape Irrigation auditor (CLIA) and constructed with a back flow preventer to the satisfaction of the General Manager, Technical Services;

x.         be required to build in conformity with the Green Development Standard Checklist submitted by the applicant and date stamped as received by the Chief Planner and Executive Director on April 2, 2008;

xi.         remediate and strata convey to the City a 0.51 metres lane widening to a minimum depth of 0.5 metres from the finished grade prior to the earlier of the first residential occupancy or condominium registration; and

xii.        the owner shall provide and maintain open space at the north end of the site, paved and/or landscaped to the satisfaction of the Chief Planner, and kept free of debris and snow (on hard surfaces) and open to the public 24 hours a day 7 days a week.

4.         Prior to the issuance of the first above grade building permit, require the owner to enter into a Site Plan Agreement under Section 41 of the Planning Act.

5.         As a condition for the proposed amendments to the Zoning By-law, the owner be required to:

a.         provide and maintain a minimum number of parking spaces on the site in accordance with the following ratios:

-           1-bedroom units at 0.18 spaces per unit;

-           2 bedroom units at 0.98 spaces per unit;

-           3 or more bedroom units at 1.0 space per unit; and

-           visitor spaces at 0.035 spaces per unit; and

b.         provide and maintain all proposed car-share parking spaces as surplus to the parking spaces that are required to satisfy the parking ratios noted in condition 5a.) above;

c.         provide parking spaces in accordance with the dimensional requirements in By-law 494-2007, save and except for a maximum of:

i.          12 spaces which can have minimum widths of 2.6 metres and minimum lengths of 5.1 metres; and

ii.          68 spaces which can have minimum widths of 2.9 metres and minimum lengths of 5.1 metres.

6.         The following definitions be included in the Zoning By-law amendment:

a.         “car-share motor vehicle” means a motor vehicle available for short term rental, including an option for hourly rental, for the use of at least the occupants of the building; and

b.         “car-sharing parking space” means a parking space used for, and only for, the parking of a car-share motor vehicle.

7.         The owner be required to provide for any improvements to the municipal infrastructure in connection with the site servicing review, should it be determined that up-grades are required to the infrastructure to support this development, according to the site servicing review accepted by the Executive Director of Technical Services.

8.         City Council approve the alterations to the heritage building at 832 Bay Street, substantially in accordance with the Heritage Impact Statement (Conservation Strategy) Supplementary Report for 832 Bay Street (McLaughlin Motor Car Showroom, prepared by E.R.A. Architects Ltd., dated March 14 2008, on file with the Manager, Heritage Preservation Services, subject to the owner:

a.         prior to introduction of Bills in Council:

entering into a Heritage Easement Agreement with the City for the retained and reconstructed portion of 832 Bay Street (McLaughlin Motor Car Showroom), including design guidelines for exterior signage; and

providing a detailed Conservation and Restoration Plan, prepared by a qualified heritage consultant, detailing the dismantling, storage, restoration and reconstruction of 832 Bay Street (McLaughlin Motor Car Showroom) satisfactory to the Manager, Heritage Preservation Services;

b.         prior to the issuance of any building permit for 832 Bay Street (McLaughlin Motor Car Showroom), including a permit for the demolition, excavation, and/or shoring of the subject property:

providing a Letter of Credit, in a form and an amount satisfactory to the Chief Planner and Executive Director, City Planning Division, to secure all work included in the Conservation and Restoration Plan;

providing a record of the as-found condition of 832 Bay Street (McLaughlin Motor Car Showroom), including all survey documentation and interior casting samples, satisfactory to the Manager, Heritage Preservation Services; and

providing building permit drawings, satisfactory to the Manager, Heritage Preservation Services; and

c.         prior to release of the Letter of Credit:

completing the heritage conservation and restoration work, satisfactory to the Manager, Heritage Preservation Services; and

providing and implementing an Interpretation Program for the 832 Bay Street (McLaughlin Motor Car Showroom) satisfactory to the Manager, Heritage Preservation Services.

9.         City Council grant authority for the execution of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owners of the property at 832 Bay Street (McLaughlin Motor Car Showroom).