Item - 2012.TE19.6
Tracking Status
- City Council adopted this item on October 30, 2012 without amendments and without debate.
- This item was considered by Toronto and East York Community Council on October 10, 2012 and was adopted with amendments. It will be considered by City Council on October 30, 2012.
- See also By-law 1432-2012
TE19.6 - Final Report - 345, 347 and 349 Carlaw Avenue - Zoning Amendment Application
- Decision Type:
- ACTION
- Status:
- Adopted on Consent
- Ward:
- 30 - Toronto-Danforth
City Council Decision
City Council on October 30, 31 and November 1, 2012, adopted the following:
1. City Council amend the City of Toronto Zoning By-law 438-86 for the lands at 345, 347 and 349 Carlaw Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 1 of the report (October 5, 2012) from the Director, Community Planning, Toronto and East York District, headed "345, 347 and 349 Carlaw Avenue - Zoning Amendment Application - Supplementary Report".
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 to enter into an Agreement pursuant to Section 37 of the Planning Act, satisfactory to the City Solicitor, to secure the following:
a. The conveyance, at no cost, of not less than 450 square metres of non-residential gross floor area to a non-profit arts and culture organization acceptable to the Executive Director, Economic Development and Culture Division or, where the conveyance is not able to be completed as contemplated on terms specified in the Section 37 Agreement, and in the alternative, the payment of a cash contribution in the amount of $1,150,000.00 to the City to be applied at the discretion of the Chief Planner and Executive Director of City Planning in consultation with the Ward Councillor, that will be directed to community services and facilities or parkland/open space and or streetscape improvements in the Dundas Street and Carlaw Avenue community within Ward 30.
b. The non-residential gross floor area referred to in Part 3.a. above shall be separately conveyable and finished to a reasonable shell base standard for the intended use to the satisfaction of the Chief Planner and Executive Director, City Planning and including available connection to functioning electrical, plumbing and HVAC systems.
c. An Agreement of Purchase and Sale shall be entered into with the accepted non-profit arts and culture organization in respect of the conveyance referred to in Part 3.a. above prior to the earlier of October 1, 2013 and issuance of a first above grade building permit for any building or structure within the development and shall include the City of Toronto as a party to the satisfaction of the City Solicitor.
d. A provision allowing the Agreement of Purchase and Sale to be extended as applicable and be assignable by the City as determined by the Executive Director, Economic Development and Culture Division, in consultation with the Chief Planner and Executive Director of City Planning.
e. Prior to registration of a plan of condominium for any building or structure within the proposed development, the owner shall post a letter of credit in a form satisfactory to the City Treasurer in the amount of $1,150,000.00 to secure the conveyance of the non-residential gross floor area or the alternative cash contribution as contemplated in Part 3.a. above.
4. City Council authorize the City to be a party to the Agreement of Purchase and Sale referred to in Part 3.c. above with rights to direct assignment of the Agreement of Purchase and Sale to another non-profit arts and culture organization acceptable to the Executive Director, Economic Development and Culture Division, if required, in order to ensure the benefit of the gross floor area to be conveyed is secured for the intended purpose as set out in the report (September 21 2012) from the Director, Community Planning, Toronto and East York District, headed "345, 347 and 349 Carlaw Avenue - Zoning Amendment Application - Final Report".
5. City Council authorize and direct the appropriate City Officials to take the necessary action to give effect to Council’s decision, including the specific actions set out in "Council Authorities to implement Matters Pursuant to the Section 37 Agreement" as Attachment 2 to the report (October 5, 2012) from the Director, Community Planning, Toronto and East York District, headed "345, 347 and 349 Carlaw Avenue - Zoning Amendment Application - Supplementary Report".
6. City Council direct that the Director, Community Planning, Toronto and East York District, report back to Toronto and East York Community Council in 2013 on potential development guidelines and public realm improvements for the Dundas and Carlaw community.
7. City Council request that the General Manager, Transportation Services examine and report back to Toronto and East York Community Council in the first half of 2013 regarding the realignment of permit parking area 8C, and the exclusion of the subject site from the permit parking area.
8. City Council direct that a Construction Liaison Committee be established by the developer with the adjacent neighbours and that the Ward Councillor be informed of any meetings.
Statutory - Planning Act, RSO 1990
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2012/te/bgrd/backgroundfile-50462.pdf
Communications (Community Council)
(October 4, 2012) E-mail from Sandra Marki, Aird & Berlis LLP, submitting five letters in support of the application. (TE.Supp.TE19.6.2)
6a - Supplementary Report - 345, 347 and 349 Carlaw Avenue - Zoning Amendment Application
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2012/te/bgrd/backgroundfile-50795.pdf
TE19.6 - Final Report - 345, 347 and 349 Carlaw Avenue - Zoning Amendment Application
- Decision Type:
- ACTION
- Status:
- Amended
- Ward:
- 30 - Toronto-Danforth
Statutory - Planning Act, RSO 1990
Community Council Recommendations
The Toronto and East York Community Council recommends that:
1. City Council amend the City of Toronto Zoning By-law 438-86 for the lands at 345, 347 and 349 Carlaw Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 1 of the report (October 5, 2012) from the Director, Community Planning, Toronto and East York District, headed "345, 347 and 349 Carlaw Avenue - Zoning Amendment Application - Supplementary Report".
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 to enter into an Agreement pursuant to Section 37 of the Planning Act, satisfactory to the City Solicitor, to secure the following:
a. The conveyance, at no cost, of not less than 450 square metres of non-residential gross floor area to a non-profit arts and culture organization acceptable to the Executive Director, Economic Development and Culture Division or, where the conveyance is not able to be completed as contemplated on terms specified in the Section 37 Agreement, and in the alternative, the payment of a cash contribution in the amount of $1,150,000.00 to the City to be applied at the discretion of the Chief Planner and Executive Director of City Planning in consultation with the Ward Councillor, that will be directed to community services and facilities or parkland/open space and or streetscape improvements in the Dundas Street and Carlaw Avenue community within Ward 30.
b. The non-residential gross floor area referred to in Recommendation 3.a. shall be separately conveyable and finished to a reasonable shell base standard for the intended use to the satisfaction of the Chief Planner and Executive Director, City Planning and including available connection to functioning electrical, plumbing and HVAC systems.
c. An Agreement of Purchase and Sale shall be entered into with the accepted non-profit arts and culture organization in respect of the conveyance referred to in Recommendation 3.a. prior to the earlier of October 1, 2013 and issuance of a first above grade building permit for any building or structure within the development and shall include the City of Toronto as a party to the satisfaction of the City Solicitor.
d. A provision allowing the Agreement of Purchase and Sale to be extended as applicable and be assignable by the City as determined by the Executive Director, Economic Development and Culture Division, in consultation with the Chief Planner and Executive Director of City Planning.
e. Prior to registration of a plan of condominium for any building or structure within the proposed development, the owner shall post a letter of credit in a form satisfactory to the City Treasurer in the amount of $1,150,000.00 to secure the conveyance of the non-residential gross floor area or the alternative cash contribution as contemplated in Recommendation 3.a.
4. City Council authorize the City to be a party to the Agreement of Purchase and Sale referred to in Recommendation 3.c. with rights to direct assignment of the Agreement of Purchase and Sale to another non-profit arts and culture organization acceptable to the Executive Director, Economic Development and Culture Division, if required, in order to ensure the benefit of the gross floor area to be conveyed is secured for the intended purpose as set out in the report (September 21 2012) from the Director, Community Planning, Toronto and East York District, headed "345, 347 and 349 Carlaw Avenue - Zoning Amendment Application - Final Report".
5. City Council authorize and direct the appropriate City Officials to take the necessary action to give effect to the foregoing, including the specific actions set out in "Council Authorities to implement Matters Pursuant to the Section 37 Agreement" as Attachment 2 to the report (October 5, 2012) from the Director, Community Planning, Toronto and East York District, headed "345, 347 and 349 Carlaw Avenue - Zoning Amendment Application - Supplementary Report".
6. City Council direct that the Director, Community Planning, Toronto and East York District, report back to Toronto and East York Community Council in 2013 on potential development guidelines and public realm improvements for the Dundas and Carlaw community.
7. City Council request that the General Manager, Transportation Services examine and report back to Toronto and East York Community Council in the first half of 2013 regarding the realignment of permit parking area 8C, and the exclusion of the subject site from the permit parking area.
8. City Council direct that a Construction Liaison Committee be established by the developer with the adjacent neighbours and that the Ward Councillor be informed of any meetings.
Decision Advice and Other Information
The Toronto and East York Community Council held a statutory public meeting on October 10, 2012, and notice was given in accordance with the Planning Act.
Origin
Summary
This application proposes a mixed-use development consisting of a 12-storey residential building with ground floor non-residential uses, a 3½ storey stacked townhouse building and the retention of the existing three-storey commercial office building at 349 Carlaw Avenue. The proposed development would provide a total of 313 units, 1,169 m2 of new ground floor non-residential uses and maintain 3,392 m2 of commercial office space.
This report reviews and recommends approval of the application to amend the Zoning By-law.
Background Information
https://www.toronto.ca/legdocs/mmis/2012/te/bgrd/backgroundfile-50462.pdf
Communications
(October 4, 2012) E-mail from Sandra Marki, Aird & Berlis LLP, submitting five letters in support of the application. (TE.Supp.TE19.6.2)
Speakers
Chris Abraham, Crows Theatre
Stephanie Copp
Motions
That the Toronto and East York Community Council adopt the recommendations in the report (September 21, 2012) from the Director, Community Planning, Toronto and East York District, as amended by the recommendations in the report (October 5, 2012) from the Director, Community Planning, Toronto and East York District, subject to adding the following new Recommendation 8:
8. City Council direct that a Construction Liaison Committee be established by the developer with the adjacent neighbours and that the Ward Councillor be informed of any meetings.
6a - Supplementary Report - 345, 347 and 349 Carlaw Avenue - Zoning Amendment Application
Origin
Summary
This supplementary report replaces certain recommendations to the September 21, 2012 report to change the timing for the Section 37 letter of credit requirement and makes minor revisions to the wording of the recommendations relating to the Section 37 requirements. In addition, the draft Zoning By-law is included in this supplementary report as Attachment 1.
Background Information
https://www.toronto.ca/legdocs/mmis/2012/te/bgrd/backgroundfile-50795.pdf