Item - 2012.TE12.12

The Toronto and East York Community Council recommends that:

1.         City Council amend Zoning By-law 438-86, for the lands at 66 Isabella Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 5 to the report dated December 13, 2011 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 66 Isabella Street to have approved their application requesting permission to injure or destroy any privately owned trees that are not possible to retain during construction of this development in accordance with the City of Toronto's Private Tree By-law.

4.         Before introducing the necessary Bills to City Council for enactment, City Council require the owner of the lands at 66 Isabella 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 building permit for the development, pay to the City a sum of $450,000 to be used towards local streetscape and park improvements, as determined by the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor, with such amount to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, calculated from the date of the Section 37 Agreement to the date of payment.

b.         Securing the rental tenure of the existing building with 200 rental dwelling units for a period of at least 20 years commencing from the date the zoning by-law comes into force and effect.

c.         Building and site improvements to the existing building and building addition to be provided with no cost passed on to the tenants of the existing building, to include at least new indoor amenity space linked to a new laundry area at grade, provision of new storage lockers and new bicycle lockers and restoration of existing storage lockers, restoration and improvements to outdoor amenity areas and to landscaped open space and renovations to the lobby of the existing building.

d.         Access for tenants of the existing building to the new indoor and outdoor amenity areas to be provided on the site without charge and on the same basis as residents of the building addition.

e.         A Tenant Relocation and Assistance Plan to the satisfaction of the Chief Planner and Executive Director, City Planning for the tenants occupying the 50 rental units in the existing building that require renovations in order to construct the addition, including at least the right to return to their renovated apartment at the same rent, extended notice of the date they are required to vacate for the renovations, opportunities for relocation to available units in the Existing Building or in other rental properties controlled by the owner, and financial assistance beyond that required by the Residential Tenancies Act, with extra provisions for special needs tenants.

f.          Securing the rental tenure of all the new dwelling units in the building addition with the exception of 12 proposed condominium units, for at least 20 years calculated from the date the addition is completed and occupied.

g.         At least 100 of the new rental dwelling units shall have rents that are mid-range rents during the first 5 years of occupancy, with annual rent increases not to exceed the Provincial rent guideline and permitted above guideline increases, and for tenants who remain after the fifth year, the restrictions on rent increases shall continue until the tenth anniversary of their tenancy, with provisions thereafter for a three-year phase out of the rent restrictions.

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

h.         Prior to the issuance of the first building permit, the owner shall provide a Construction Mitigation Plan and Tenant Communication Plan to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

5.         City Council direct that a Construction and Traffic Management Liaison Committee be established, consisting of local residents, business owners, the applicant, the Ward Councillor and City staff, to address and resolve the issues as they arise, and be kept apprised of the progress.

The Toronto and East York Community Council requested the Director, Community Planning, Toronto and East York District, to report directly to City Council for its meeting on February 6 and 7, 2012, after consultation with the Ward Councillor and representative(s) of the tenants at 66 Isabella Street, regarding concerns raised by the tenants with the impact of the construction and the adequacy of tenant relocation assistance to be secured in a Section 37 Agreement, including:

a.         further improvements to tenant relocation assistance for special needs tenants, seniors and long-term tenants required to relocate temporarily because of the development;

b.         the provision by the landlord of adequate insurance to cover any potential damage to tenants' cars and personal belongings during construction; and

c.         appropriate mitigation measures for existing tenants who are not required to relocate.

The Toronto and East York Community Council held a statutory public meeting on January 10, 2012, and notice was given in accordance with the Planning Act.