Item - 2011.TE3.6

That the Toronto and East York Community Council recommend that:

1.         City Council amend Zoning By-law 438-86 for the former City of Toronto and the new Zoning By-law 1156-2010, substantially in accordance with the draft Zoning By-law Amendments, attached as Attachments 1 and 2, respectively, to the report dated January 17, 2011, from the Director, Community Planning, Toronto and East York District, headed "288A, 290 and 294 Adelaide Street West Rezoning Application - Supplementary Report", subject to:

a.         the Section 37 community benefits provisions being revised to require a $1.8 million contribution towards John Street streetscape improvements and local parks and a $200,000.00 contribution being made to public housing in Ward 20, the $200,000.00 to be paid upon the execution of the Section 37 Agreement and prior to the passage of the zoning by-law amendments, and the $1.8 million to be indexed from the date of the Section 37 Agreement and to be paid prior to the issuance of the first above grade building permit; and

b.         the Section 37 provisions being revised to require at least ten percent (10%) of the total number of dwelling units to be constructed in the building to be capable of being designed as three-bedroom dwelling units in compliance with the provisions of the Ontario Building Code, and these dwelling units to be shown on any marketing plans as three-bedroom units and to be marketed as potential three-bedroom dwelling units. These units may be sold and/or constructed with fewer bedrooms with provisions in the condominium documentation to allow renovation to three-bedroom units.

2.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendments 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 pursuant to Section 37 of the Planning Act satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor.  The agreement is to be registered on title to the lands in a manner satisfactory to the City Solicitor and to secure the following:

a.         A $1.8 million contribution by the owner to the City towards John Street streetscape improvements and local parks, such payment to be made to the City prior to the issuance of the first above grade building permit and such payment to be indexed from the date of the Section 37 Agreement to the date of payment.

b.         A $200,000.00 contribution by the owner to the City towards public housing in Ward 20, such payment to be made upon the execution of the Section 37 Agreement and prior to the passage of the Zoning By-law Amendments.

c.         The design of the building substantially in accordance with the design of the building as shown on the drawings submitted to the City under the owner's zoning by-law amendment application and as date-stamped November 23, 2010 by the City, which design may be revised and detailed to the City's satisfaction through the site plan approval process pursuant to Section 114 of the City of Toronto Act.

d.         Potential three-bedroom dwelling units as noted in Recommendation 1b. above.

4.         City Council receive the report dated July 20, 2010, from the Director, Community Planning, Toronto and East York District, headed "Refusal Report – 288A, 290 and 294 Adelaide Street West – Zoning Amendment Application."