Item - 2012.NY16.23

City Council on June 6, 7 and 8, 2012, adopted the following:

1.         City Council authorize the City Solicitor, the Acting Chief Planner and Executive Director, City Planning together with any other necessary City staff to attend the Ontario Municipal Board hearing in support of an implementing Zoning By-law Amendment for the proposed development as substantially outlined in the report (April 25, 2012) from the Director, Community Planning, North York District, to the satisfaction of the City Solicitor and the Acting Chief Planner.

2.         City Council authorize the City Solicitor to request the Ontario Municipal Board to withhold any final Orders approving a Zoning By-law Amendment(s) until such time as the Site Plan Notice of Approval Conditions has been issued by the Director of Community Planning North York District, and all pre-approval conditions met including an executed Site Plan Agreement, which among other matters, will provide for:

a.         on-site parkland dedication fronting on Keewatin Avenue, pursuant to Section 42 of the Planning Act;

b.         hard and soft landscape improvements of the existing and new apartment site including trees, shrubs, decorative pavement and lighting that will among other matters screen the loading/servicing area from Keewatin Avenue and adjacent properties;

c.         closure and removal of the current driveway access to Keewatin Avenue, or subject to appropriate access controls, landscaping and alignment, restricting its use for servicing vehicles, prohibiting parking and replacement with a new one way enhanced driveway integrated within the landscape open space;

d.         an architectural canopy-covered front pedestrian entrance for the new building on the Keewatin Avenue frontage of the building with a direct connection to the Keewatin Avenue sidewalk;

e.         appropriate levels of, and location for, visitor parking, 'car-share' surface parking and bicycle parking;

f.          an easement with appropriate provisions for a safe, comfortable, landscaped, lighted and continuous public accessible mid-block walkway connecting the on-site parkland dedication on Keewatin Avenue through to the Erskine Avenue sidewalk; and

g.         revised building elevations, and also new 1:50 coloured elevations, with appropriate sustainable building materials, that fit with the neighbouring buildings and give architectural expression to the lower 4 storey portion of the building through an enhanced architectural treatment.

3.         City Council authorize the City Solicitor to request the Ontario Municipal Board to withhold any final Orders approving a Zoning By-law Amendment(s) until such time as the Owner has entered into and registered a Section 37 Agreement to the satisfaction of the City Solicitor, requiring the Owner to at its expense and including provisions for no credit for development charges or parkland dedication, indexing escalation of dollar amounts, financial contributions and letters of credit, indemnity, insurance, and taxes, and registration and priority of the agreement:

a.         Maintain the apartment building with 491 existing rental apartment dwelling units as rental housing for a minimum period of twenty (20) years commencing from the date the by-law comes into effect, with  no application for demolition without replacement, or for conversion to non-rental housing purposes during the twenty year period;

b.         Prior to the issuance of any building permit for the site, including any permit for excavation, shoring or demolition, develop, to the satisfaction of the Director, Community Planning North York District, and Executive Director, Technical Services, a Construction Mitigation Plan, and thereafter implement such Plan;

c.         Prior to the issuance of any permit for the site, including any permit for excavation, shoring or demolition, develop a  Tenant and Resident Communication Strategy to the satisfaction of the Director, Community Planning North York District, and thereafter implement such Plan;

d.         Provide assistance for the tenants of the four residential rental units that are proposed to be demolished in accordance with a Tenant Relocation and Assistance Plan, to the satisfaction of the Acting Chief Planner;

e.         Prior to the first above-grade building permit being issued for the new building, provide appropriate improvements to the existing outdoor amenity space on the rooftop patio including seating, tables, landscaping elements, and new furniture for the pool area of the existing rental building at 88 Erskine Avenue to the satisfaction of the all to the satisfaction of the Chief Planner.  The owner shall not pass through any of the construction costs to the tenants of the existing rental building, including in the form of an increase in rent above the provincial Guideline established under the Residential Tenancies Act;

f.          Provide on-site park improvements above the base park condition  in the amount of $85,000  and enter into a Parks Maintenance Agreement with the City to maintain the on-site parkland dedication, all to the satisfaction of the General Manager, Parks, Forestry and Recreation;

g.         Provide $25,000 towards off-site streetscape and street tree improvements in the Yonge-Eglinton Apartment Neighbourhood area.

4.         Subject to approval by the Ontario Municipal Board of a Zoning By-law Amendment for a development as substantially outlined in the report (April 25, 2012) from the Director, Community Planning, North York District, and subject to issuance of Site Plan approval by the Acting Chief Planner, City Council approve the application to demolish the four existing detached rental houses located at 73, 75, 77 and 79 Keewatin Avenue pursuant to Municipal Code Chapters 667 and 363, on the condition that:

a.         the owner meet the requirements of the Tenant Relocation and Assistance Plan approved by the Chief Planner, which will include  requirements  to provide 5 months notice for vacating units, an offer to relocate to another acceptable unit, and a tenant moving allowance, and

b.         the owner shall enter into and register an Agreement with the City to secure the provisions in 4.a. to the satisfaction of the City Solicitor.

5.         Subject to approval by the Ontario Municipal Board of a Zoning By-law Amendment for a development as substantially outlined in the report (April 25, 2012) from the Director, Community Planning, North York District, and subject to issuance of Site Plan approval by the Acting Chief Planner and the entering into and registration of the Agreement required in Part 3 above to the satisfaction of the City Solicitor, City Council authorize the Acting Chief Planner and Executive Director, City Planning Division to issue a preliminary approval to the demolition application under Municipal Code Chapter 667 after the satisfaction of the conditions in Part 4b above and after the Zoning By-law amendments in Part 1 above have come into full force and effect.

6.         Subject to approval by the Ontario Municipal Board of a Zoning By-law Amendment for a development as substantially outlined in the report (April 25, 2012) from the Director, Community Planning, North York District, and subject to issuance of Site Plan approval by the Acting Chief Planner, City Council authorize the Chief Building Official to issue a Section 111 permit under Municipal Code Chapter 667 after the Acting Chief Planner and Executive Director, City Planning Division has given the preliminary approval in Part 5 above.

7.         City Council authorize the Chief Building Official to issue a permit under Section 33 of the Planning Act no earlier than issuance of the first building permit for the foundation of the development, and after the Acting Chief Planner and Executive Director, City Planning Division has given the preliminary approval in Part 5 above, which permit may be included in the demolition permit for Chapter 667 under 363-11.1E, of the Municipal Code, on condition that:

a.         The Owner erect a residential building on site no later than three (3) years from the date demolition of the first building at 73, 75, 77 or 79 Keewatin Avenue  is commenced; and

b.         Should the Owner fail to complete the new building within the time specified in condition 7a., the City Clerk shall be entitled to enter on the collector’s roll, to be collected in a like manner as municipal taxes, the sum of twenty thousand dollars ($20,000) for each dwelling unit for which a demolition permit is issued, and that each sum shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.

8.         If the Ontario Municipal Board approves the planning application substantially in accordance with the report (April 25, 2012) from the Director, Community Planning, North York District, City Council authorize the General Manager, Parks Forestry and Recreation to issue tree removal permits under the Municipal Code Chapter 813 after the Acting Chief Planner and Executive Director, City Planning Division has issued Site Plan approval under Part 2 above.

9.         City Council direct that the Site Plan Application be bumped up for a report to North York Community Council, and further:

a.         that staff be directed to include the other parties to the OMB appeal, including The Sherwood Park Residents' Association, in the site plan discussions;

b.         the necessary steps be taken to ensure that the approximately 5 storey-high Maple tree on the boundary with 70 Erskine Avenue is preserved;

c.         the necessary steps be taken to ensure that the trees on the west side of the property adjacent to 65 Keewatin Avenue are preserved;

d.         all garbage and recycling activities at 73-79 Keewatin, including storage, be kept within the buildings; and that the loading area for moving and delivery services be internalized;

e.         all garbage and recycling storage and loading activities, including at 88 Erskine Avenue, be enclosed;

f.          if access is to remain off of Erskine Avenue, that the building be designed to allow additional space at the rear yard for trucks entering from Erskine Avenue to complete their activities without requiring more than a 3 point turn and that the driveway across the green space from Keewatin Avenue not be enhanced;

g.         the Sherwood Park Residents' Association be included in the site plan negotiations; and

h.         the City and the developer work with the adjoining neighbours to coordinate landscaping, grading and retaining wall maintenance and construction in an aesthetic manner.