Item - 2010.MM52.11
Tracking Status
- City Council adopted this item on August 25, 2010 without amendments.
- See also By-law 1131-2010
MM52.11 - Re-Opening of Item TE33.3 - 192A, 194 and 200 Bloor Street West - to revise the Section 37 benefits imposed by City Council - by Councillor Vaughan, seconded by Councillor Perks
- Decision Type:
- ACTION
- Status:
- Adopted
- Ward:
- 20 - Trinity-Spadina
City Council Decision
City Council on August 25, 26 and 27, 2010, adopted the following:
1. City Council authorize that Parts 3. a. and 3 b. of Item TE33.3 of the Council decision of May 11 and 12, 2010, which requires the Section 37 Agreement to secure certain financial contributions as follows:
3.a. $470,000 to be used for improvements of the Jean Sibelius Square Park for landscaping, restoration work and future upgrading of park facilities and $30,000.00 for the Heritage Plaque Programme in the annex. Such payment would be due prior to the introduction of Bills in Council.
b. $230,000 to Jean Sibelius Square Park for additional park improvements, $200,000 for the Annex Heritage Conservation District Study, and $100,000 for Ward 20 capital improvements to Toronto Community Housing Corporation (TCHC) affordable housing. These latter payments shall be indexed from the date of execution of the agreement to the date of payment in accordance with the Non-Residential Construction Price Index for Toronto. Such funds are over and above requirements for park levies under s. 42 of the Planning Act,
be amended as follows:
3. a. $470,000 to be used for improvements of the Jean Sibelius Square Park for landscaping, restoration work and future upgrading of park facilities and $30,000.00 for the Heritage Plaque Programme in the Annex. Such payment would be due upon the By-law coming into effect, together with any increases to reflect increases in the Construction Price Index between June 1, 2010, and the date of the payment of the said monies.
b. $230,000 to Jean Sibelius Square Park for additional park improvements, $200,000 for the Annex Heritage Conservation District Study, $100,000 for Ward 20 capital improvements to Toronto Community Housing Corporation (TCHC) affordable Housing and $50,000 towards the reconstruction of the east-west laneway or other related purposes, at the discretion of the Chief Planner, all prior to the first above-grade building permit, together with any increases to reflect increases in the Construction Price Index between June 1, 2010, and the date of the payment of the said monies. Such funds are over and above requirements for park levies under s. 42 of the Planning Act.
2. City Council authorize that Parts 3. g. of Item TE33.3 of the City Council decision of May 11 and 12, 2010, which requires the Section 37 Agreement to secure certain laneway provisions as follows:
3. g. That the owner agree to design, construct and convey to the City, to the satisfaction of the Chief Planner and the Executive Director of Technical Services, an at-grade pedestrian walkway over the existing north-south private laneway located along the westerly portion of the subject property, as more particularly detailed on the site plan drawings submitted with this application upon:
i. the access rights to the existing east-west laneway located to the rear of the property have been secured by the City:
ii. the rear laneway being gated with card reader access at the rear of 220 Bloor Street at the expense of the future laneway users;
iii. the City owned laneway being upgraded at the City's expense;
iv. the release of the easement interests over the existing north-south private laneway located along the westerly portion of the subject property from all affected owners, at the expense of the owner of 192A,194 and 200 Bloor Street West,
be amended as follows:
3.g. (i) That the owner agree (in conjunction with construction of the proposed building, design and construct) to the satisfaction of the Chief Planner and the Executive Director of Technical Services, an at-grade pedestrian walkway over the existing north-south private laneway located along the westerly portion of the subject property, as more particularly detailed on the site plan drawings to be submitted later for the building. The pedestrian walkway may be constructed so as to allow continued use of the laneway by motor vehicles until the City obtains the conveyance of the pedestrian walkway easement.
(ii) That the owner also agree to convey an easement to the City over the laneway for pedestrian walkway purposes for the life of the building and subject to the usual City conditions respecting such pedestrian walkway easements.
(iii) That the owner also agree that conveyance of the walkway easement to the City shall occur when:
i. the access rights to the existing east-west laneway located to the rear of the property have been secured by the City;
ii. the rear laneway has been gated with card reader access at the rear of 220 Bloor Street at the expense of the future laneway users (which the owner shall agree to do);
iii. the City owned laneway has been upgraded (at no cost to the owner other than the above noted $50,000 contribution);
iv. the release of all easement and right-of-way interests of other parties or properties over the existing north-south private laneway located along the westerly portion of the subject property (in this regard the owner of 192A, 194 and 200 Bloor Street West, shall agree to assist the City in securing such releases, but shall not be required to make any financial contribution to secure such releases).
City Council Decision Advice and Other Information
City Council re-opened Toronto and East York Community Council Item TE33.3 (adopted by City Council on May 11 and 12, 2010) for further consideration.
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2010/mm/bgrd/backgroundfile-33254.pdf
(August 26, 2010) Fiscal Impact Statement from the Deputy City Manager and Chief Financial Officer
https://www.toronto.ca/legdocs/mmis/2010/mm/bgrd/backgroundfile-33388.pdf
Motions (City Council)
Speaker Bussin advised Council that consideration of Motion MM52.11 requires a re‑opening of Item TE33.3 (adopted by City Council on May 11 and 12, 2010). A two-thirds vote of the Council Members present is required to re-open Item TE33.3.
Declared Interests (City Council)
Deputy Mayor Joe Pantalone - as he has a property interest in the vicinity.