Item - 2011.TE10.4

City Council on October 24 and 25, 2011, adopted the following:

1.         City Council amend Zoning By-law 438-86, for the lands at 9-21 Grenville Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6, to the report dated September 15, 2011, from the Director of Community Planning, Toronto and East York District.

2.         City Council authorize the City Solicitor, in consultation with the Chief Planner and Executive Director of City Planning, to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required to give effect to the intent of the recommendations in the report dated September 15, 2011, from the Director of Community Planning, Toronto and East York District.

3.         Before introducing the necessary Bills, City Council require the owner receive approval from City Council under Section 34 of the Ontario Heritage Act.

4.         Before introducing the necessary Bills to City Council for enactment, City Council require the owner of the lands at 9-21 Grenville 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 $1,800,000 consisting of $930,000 towards Yonge Street streetscaping improvements, $500,000 towards the upgrade of St. Luke Lane and $350,000 towards widening the sidewalks on Grenville Street and Wood Street, $20,000 towards LOFT Community Services for building improvements.

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.

c.         A public art contribution in accordance with the Percent for Public Art Program for a value not less than one percent of the gross construction cost.

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

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

e.         The implementation of any wind mitigation measures required by the applicant’s wind study, satisfactory to the Chief Planner and Executive Director, City Planning Division, to be submitted as part of a revised application for Site Plan Approval.

f.          Prior to final site plan approval the owner shall:

1.         In the event that deeply buried archaeological remains are encountered on the property during construction activities, the Heritage Operations Unit of the Ministry of Tourism and Culture be notified immediately at (416) 314-7146 as well as the City of Toronto, Heritage Preservation Services Unit (416) 338-1096.

2.         In the event that human remains are encountered during construction, the proponent should immediately contact both the Ministry of Tourism and Culture, and the Registrar or Deputy Registrar of Cemeteries at the Cemeteries Regulation Unit, Ministry of Government Services, (416) 326-8393.

3.         Provide and maintain an irrigation system, at the applicant’s expense, for proposed trees within the public road allowances 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 Executive Director, Technical Services Division, and requirement to maintain in good order and operation.

4.         Enter into a Site Plan Agreement to the satisfaction of the Chief Planner and Executive Director of City Planning, under Section 114 of the City of Toronto Act, 2006.

5.         Submit a stormwater management report, a site servicing plan and site grading, drainage and landscape plans.

6.         Provide plans that show continuous weather protection with a minimum depth of 3 metres along Grenville Street for newly constructed.

7.         Convey to the City a 0.3 metre wide strip of land across the entire length of the property abutting St. Luke Lane.

8.         The owner shall provide a minimum of ten percent (10%) of the residential units in the building having at least three bedrooms.

5.         City Council authorize City officials to take all necessary steps, including the execution of agreements and documents, to give effect to Council's decision.