Item - 2010.TE33.3

The Toronto and East York Community Council recommends that:

1.         City Council amend Zoning By-law 438-86 for 192A, 194 and 200 Bloor Street West, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 8 to the report dated March 30, 2010, from the Director, Community Planning, Toronto and East York District, and with respect to Section 37 public benefits substantially in accordance with Recommendation 3 below.

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 under Section 37 of the Planning Act to the satisfaction of the City Solicitor, to secure the following:

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 for the Heritage Plaque Programme in the annex.  Such payment would be due prior to the introduction of Bills in Council; and

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 any requirements for park levies under s.42 of the Planning Act.

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

c.         That the owner incorporate in the construction of the building exterior material shown on the 1:50 scale drawings, recommended for approval by the Chief Planner and Executive Director, to be submitted for the development of the four elevations.

d.         That the owner submit a wind tunnel analysis to the satisfaction of the Chief Planner and Executive Director and provision of any required mitigation measures contained therein to the to the satisfaction of the Chief Planner and Executive Director prior to the issuance of site plan approval.

e.         That the owner agree that if vehicular access in the future is provided over or through such lands abutting to the north and otherwise in proximity to the site, which may include but not limited to properties at 9 Bedford Road, 5 Prince Arthur Avenue, 194R, and 208R Bloor Street West, the owner shall take all reasonable and appropriate action measures to the satisfaction of the Chief Planner and General Manager, Transportation Services, to redirect traffic over such access and to cease all vehicular use of the north-south private right-of-way immediately abutting the site.

f.          That the owner agree to have notice contained of the requirement of recommendation e. in any condominium documents to the satisfaction of the City Solicitor.

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 being 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.

h.         That the owner complete the construction and conveyance of the at-grade pedestrian walkway in g. above, within six (6) months (allowing for poor winter weather) after substantial completion of the building, and subject to i. to iv. above being completed within six (6) months.

i.          That the owner agrees that warning clauses shall be inserted in all offers to purchase, agreements of purchase and sale or agreements to lease, and condominium declaration document(s) for each affected residential unit, such warning clauses, respecting the possibility of future area developments, to be to the satisfaction of the Chief Planner and Executive Director of City Planning and the City Solicitor.

4.         City Council require the owner to provide and maintain an irrigation system for the proposed trees within the public road allowances, including an automatic timer designed to be water efficient by a Certified Landscape Irrigation Auditor (CLIA) and construct with backflow preventer to the satisfaction of the General Manager of Parks, Forestry and Recreation.

5.         City Council require that the owner provide any necessary improvements to the municipal infrastructure in connection with the site servicing review, if it is determined that upgrades are required to the infrastructure to support this development, according to the site servicing review accepted by the Executive Director of Technical Services.

6.         City Council require that, prior to the enactment of Bills, Planning is to receive written confirmation from the Executive Director of Technical Services that the drive aisle widths on levels P2 to P8 have been revised to a minimum of 6 metres as required by the Zoning By-law to the satisfaction of the Executive Director of Technical Services.

7.         City Council require the owner to agree to any other Section 37 conditions appended to the Draft By-law.

8.         City Council require that the alternative parks levy for the project at 192A, 194 and 200 Bloor Street West be directed to parks acquisition and improvements in conjunction with the revitalization of Alexandra Park.

This application was submitted on March 18, 2009, and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

This application proposes the construction of a 32-storey condominium tower on an eight-storey podium.  It will replace three small commercial buildings at 192A, 194 and 200 Bloor Street West.   The proposed building consists of 183 residential units and two floors of retail space.  The rear portion of the podium contains eight levels of fully enclosed above-grade parking, containing 176 parking spaces.  Parking access will be provided in the short term by way of a laneway from Bloor Street West.

The City Planning Division is recommending approval of the proposed development based on it being substantially in compliance with the development criteria for Mixed Use Areas, Public Realm, Built Form and all other Official Plan policies, the Bloor Corridor Visioning Study and urban design guidelines.