Item - 2010.TE36.17

The Toronto and East York Community Council recommends that:

1.         City Council amend Zoning By-law 438-86 substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to the July 22, 2010 report from the Director of 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 of the lands at 203 Jarvis Street to enter into an Agreement pursuant to Section 37 of the Planning Act, to be registered on title, to the satisfaction of the City Solicitor, to secure the following:

a.         Prior to the issuance of the first above-grade permit, pay to the City the sum of $800,000 towards streetscape improvements on Jarvis Street.

b.         Require that the cash amounts identified in a. above shall be indexed annually in accordance with the Non-Residential Construction Price Index for the Toronto CMA, reported quarterly by statistics Canada in Construction Price Statistics Publication No. 62-007-XPB, or its successor, calculated from the date of execution of the Section 37 Agreement to the date of submission of the funds by the owner to the City.

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

c.         Build in conformity with the Toronto Green Standard Checklist submitted by the applicant on March 31, 2008, to the satisfaction of the Chief Planner and Executive Director of City Planning.

d.         The owner shall prepare all documents and convey to the City, for nominal consideration, a 1.67 metre wide strip of land to the full extent of the site abutting the west limit of the north-south public lane, to a minimum depth of 0.5 metres from finished grade, such lands to be free and clear of all physical and title encumbrances, in fee simple for lane widening purposes and subject to a right-of-way for access purposes in favour of the Grantor until such time as said lands have been laid out and dedicated as a public highway, to the satisfaction of the Executive Director, Technical Services.

e.         As part of the Site Plan Approval process, the owner shall provide 1:50 scale drawings for the elevations along Jarvis Street and Shuter Street of the podium and two floors above, with building materials labelled.

f.          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.

g.         The owner shall enter into a Site Plan Agreement to the satisfaction of the Chief Planner and Executive Director of City Planning, under Section 41(16) of the Planning Act and Section 114 of the City of Toronto Act, 2006.

This application was made on February 12, 2008 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.

This application proposes to redevelop the existing commercial surface parking lot at 203 Jarvis Street with a 20-storey hotel containing 261 guest rooms with a proposed building height of 61 metres (66 metres including mechanical penthouse) and a gross floor area of 14,702 square metres.  The applicant proposes 69 vehicle parking spaces within three levels of underground parking accessed via a car elevator.  The hotel would include limited grade-related retail such as a coffee shop or convenience store for public use with a total area of approximately 104 square metres.

The proposal is an appropriate development for the property as it provides for commercial development of an underutilized lot within the downtown.  The site is a corner property with frontage on both Jarvis Street and Shuter Street. There is already a mix of commercial and residential land uses along Jarvis Street and the proposed hotel is an appropriate and compatible land use.

This report reviews and recommends approval of the application to amend the Zoning By-law.