Item - 2009.TE28.4

The Toronto and East York Community Council recommends that:

1.         City Council authorize an amendment to Zoning By-law 438-86 for the former City of Toronto substantially in accordance with the draft Zoning By-law attached as Attachment No.1.

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 for enactment, City Council authorize the appropriate City officials and require the owner to execute one or more agreements pursuant to Section 37 of the Planning Act satisfactory to the Chief Planner and Executive Director, City Planning, and City Solicitor. The agreement(s) are to be registered on title to the lands in a manner satisfactory to the City Solicitor and to secure the following facilities, services and matters from the owner at its expense:

a.         Prior to Site Plan Approval for the subject property, the owner shall provide a Conservation Plan including an estimate of the costs associated with its execution, for the reconstruction and restoration of the façade and library of 426 University Avenue to the satisfaction of the Manager of Heritage Preservation Services.

b.         Prior to the release of a building permit, including for demolition, shoring, foundation or above grade, the owner shall supply a Letter of Credit equal to the approved amount contained within the Conservation Plan.

c.         Prior to the release of a building permit, including for demolition, shoring, foundation or above grade, the owner shall provide a documentation report for the subject property including a history of the Royal Canadian Military Institute activities at the site since its construction, original plans and drawings for the building and subsequent alteration drawings, where available, and complete interior and exterior photo-documentation of all rooms, corridors and elevations (in both digital and black and white SLR formats) including a key plan indicating the location of each photograph, to the satisfaction of the Manager, Heritage Preservation Services.

d.         Prior to the release of the Letter of Credit, the owner shall complete all conservation work to the satisfaction of the Manager, Heritage Preservation Services.

e.         A cash contribution in the amount of $1,000,000.00, indexed as per the Non-Residential Construction Price Index from the date of the execution of the Section 37 Agreement, for facilities, services or matters, which may include affordable housing projects in Ward 20, local park improvements, and streetscape improvements to Dundas Street West, shall be paid, consisting of an initial payment of $100,000 payable upon the coming into force and effect of the amending by-law, with the balance payable prior to the release of any above grade building permit.

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

f.          Architectural plans, elevations and landscaping including 1:50 elevations will be secured to the satisfaction of the Chief Planner and Executive Director, City Planning Division, and the owner will be required to, in conjunction with each Site Plan Application, submit 1:50 scale drawings in conformity with this requirement.

g.         The owner shall incorporate in the construction of the building, and thereafter maintain exterior building and landscape materials to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

h.         The owner shall make reasonable commercial efforts to achieve LEED certification and shall provide the City with project documentation on LEED certification.

i.          The owner shall be encouraged to build in conformity with the Green Development Standard Checklist on file with the Chief Planner and Executive Director, City Planning Division, date stamped June 10, 2008.

j           The owner shall provide knock-out panels to accommodate a potential future connection to the PATH system, satisfactory to the Chief Planner and Executive Director, City Planning Division, and the General Manager of Economic Development, and to be detailed in an agreement pursuant to Section 41 of the Planning Act.

k.         Prior to the issuance of any demolition or building permit, the owner shall complete a Toronto Transit Commission (TTC) Technical Review of the proposed development as applicable to the particular permit under application and obtain the TTC’s written acknowledgement that the owner has satisfied all of the conditions arising out of the review. As part of the review process, the owner shall provide the requisite information, and pay the associated review fee to the TTC.

l.          The owner shall insert warning clauses regarding the TTC right-of-way in all offers to purchase, agreements of purchase and sale or agreements to lease, and condominium declaration document(s) for each affected residential unit within the proposed development. Such warning clauses shall advise of the potential for noise, vibration, smoke, particulate matter, electromagnetic interference and stray current impacts on the proposed development and that the TTC accepts no responsibility for such effects.

m.        Prior to Site Plan Approval, the owner shall submit an application to Transportation Services for any encroachments within the City right-of-way.

n.         Require the owner to pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report as accepted by the Executive Director of Technical Services, should it be determined that improvements to such infrastructure are required to support the development.

o.         The owner shall make appropriate arrangements to secure a limiting distance agreement with the owner immediately to the south at 400 University Avenue to the satisfaction of the Chief Building Official, such limiting agreement to be executed prior to final site plan approval.

p.         The owner shall provide knock out panels between a sufficient number of units to permit the combining of units to create a minimum of 10% of the total unit count as three-bedroom units.

q.         The owner shall make appropriate arrangements to secure a Limiting Distance Agreement with the owner of 400 University Avenue, prior to the introduction of the necessary Bills for enactment of the Zoning By-law.

r.          The owner be required to enter into, as a condition of condominium registration, a shared-use agreement with the Royal Canadian Military Institute (RCMI) to secure access to the amenity space, facilities, and services within RCMI for use by the residents of the residential condominium and that the agreement be satisfactory to the Chief Planner and Executive Director, City Planning Division and the Ward Councillor.

4.         Prior to introducing the necessary Bills for enactment, City Council require the owner to submit to the Executive Director, Technical Services, for review and acceptance, a site servicing review to demonstrate how this site will be serviced and whether the existing municipal infrastructure is adequate.

This report responds to the request of the Toronto and East York Community Council that the Chief Planner report, in consultation with the City Solicitor, on the form of Zoning By-law to permit the proposed 42-storey mixed use building.

The application proposes to replace the existing Royal Canadian Military Institute (RCMI), which is a private members club, with a 6 and ½ -storey club and a 35 and ½ -storey condominium resulting in a 42-storey mixed use building at 426 University Avenue. Although no parking was initially proposed, a revised application includes the provision of 9 parking spaces, 8 of which are proposed to be in parking stackers.

The purpose of this report is to provide further information on a Limiting Distance Agreement (LDA) and a shared-use agreement for the indoor amenity space within a proposed condominium building located at 426 University Avenue. The proposed building will replace the existing Royal Canadian Military Institute (RCMI) with a new residential condominium incorporating a new facility for the RCMI at the base levels. This report is provided in response to the motion approved by City Council at its meeting on September 30, 2009 and October 1, 2009 regarding the provision of indoor amenity space for the residential condominium.

This report has no financial impact.