Item - 2012.TE20.17

That:

1.         City Council delete the Toronto East York Community Council Recommendations and replace them with the following:

1.         City Council instruct the City Solicitor, to attend the Ontario Municipal Board hearing in support of the proposed Zoning By-law Amendment appeal subject to such by-law being  revised to reflect the following settlement offer by the owner and any technical matters required by the City Solicitor in consultation with the Chief Planner,  and to request the Ontario Municipal Board to hold any Order pending the satisfactory entering into and registration of the associated Section 37 Agreement and payment referred to in f(i) below:

a.         The podium shall be modified to now accommodate four (4) floors of retail and office uses, thereby increasing the total amount of non-residential gross floor area to be erected and used on the site from 972  square metres to 2200 square metres;

b.        The non-residential gross floor area located on the fourth floor is extended to the rear property line;

c.        The ground floor retail will be designed to accommodate two separate retail units;

d.       A minimum of 10% of the dwelling units erected and used on the lot shall be 3 bedroom or larger dwelling units;

e.        The owner shall incorporate knock-out panels, where structurally feasible, to enable the conversion of units with fewer bedrooms to 3-bedroom units and include appropriate provision(s) in any condominium documents to enable any such conversions in the future;

f.        The owner shall pay to the City the sum of $1,000,000.00, subject to indexing escalation as of the date of the Council decision, such sum to be paid as follows to be used towards one or more of the following capital facilities in the vicinity of the site:

i.          $100,000 for capital improvements to Affordable Housing in Ward 20, to be paid prior to any Ontario Municipal Board Order issuing on the appeal; and

ii.         $900,000 for streetscape improvements in the area to be paid prior to the first building permit issuing for the site;

 such allocation to be determined by the City's Chief Planner in consultation with the Ward councillor;

g.         The owner shall provide prior to the issuance of the first above grade building permit, 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, of all buildings and structures on the lands; and

h.          The owner to enter into and register a Section 37 Agreement with the City to secure the matters in a. to g. herein, all to the satisfaction of the City Solicitor, in consultation with the Chief Planner, prior to the issuance of any OMB order in this matter.

2.         City Council authorize the appropriate City staff to take such steps as may be needed to implement this Council decision.