Item - 2012.TE20.8

The Toronto and East York Community Council recommends that:

1.         City Council amend the Official Plan, for the lands at 120 to 130 Harbour Street and 10 York Street substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 6 to report (October 19, 2012) from the Director, Community Planning, Toronto and East York District.

2.         City Council amend Zoning By-law 438-86, for the lands at 120 and 130 Harbour Street and 10 York Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 7 to the report (October 19, 2012) from the Director, Community Planning, Toronto and East York District with the following amendments:

A.        by deleting section 6 respecting "Parking Spaces", and replacing it with the following:

"6.        Parking spaces shall be provided and maintained on the site or below grade off-site within 6 metres of the southern property line of the site in a parking garage in accordance with the following requirements:

a)          a maximum of 264 residential parking spaces;

b)          a maximum of 25 visitor parking spaces."

B.        by deleting a. and b. in Appendix 1 respecting affordable housing, and replacing them with the following:

"a.        Provide an affordable rental housing built contribution to the value of at least $5,200,000, including:

i.          the conveyance of twelve units in the development to a non-profit housing co-operative provider ("the Provider") for affordable rental housing;

ii.         the twelve units shall comprise seven two-bedroom and five one-bedroom units, with storage lockers and bicycle parking;

iii.        the conveyance shall be for nominal consideration plus interim occupancy fees prior to condominium registration, with other customary adjustments for any costs associated with those units at the time of closing to be absorbed by the applicant.

b.         Enter into Agreements of Purchase and Sale with respect to all twelve units referenced in Recommendation 5.a., with the Provider and/or the City for a period of at least 50 years, securing the rents of the 12 affordable rental housing units as affordable rents and the occupancy of the units as rental housing prior to the issuance of the first above grade building permit for the development, and there shall be provisions allowing the Agreements of Purchase and Sale of all twelve units in Recommendation 5.a. to be assignable."

3.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and Zoning By-law Amendment as may be required.

4.         Before introducing the necessary Bills to City Council for enactment, City Council require the owner of the lands at 120 to 130 Harbour Street and 10 York Street to address all such issues and, if required by the Executive Director of Technical Services, that the owner has entered into a secured Agreement with the City to ensure the provision of (a) the Functional Servicing Report, to the satisfaction of the Executive Director of Technical Services; and (b) the Transportation Study, to the satisfaction of the General Manager of Transportation Services, should it be determined that improvements to such infrastructure are required to support this development.

5.         Before introducing the necessary Bills to City Council, City Council require the owner of the subject lands to enter into one or more agreements with the City of Toronto pursuant to Section 37 of the Planning Act to secure the facilities, services and matters referred to below at the owner's sole expense, which agreements may be registered against title of the lands to which this By-law applies in the manner and to the extent specified in such agreements. The owner of the subject lands, in accordance with, and subject to, the agreements referred to above shall provide or fund the following facilities, services and/or matters on terms satisfactory to the City of Toronto:

a.         Provide an affordable rental housing built contribution to the value of at least $5,200,000, including:

i.          the conveyance of twelve units in the development to a non-profit housing co-operative provider ("the Provider") for affordable rental housing;

ii.         the twelve units shall comprise seven two-bedroom and five one-bedroom units, with storage lockers and bicycle parking;

iii.        the conveyance shall be for nominal consideration plus interim occupancy fees prior to condominium registration, with other customary adjustments for any costs associated with those units at the time of closing to be absorbed by the applicant.

b.         Enter into Agreements of Purchase and Sale with respect to all twelve units referenced in Recommendation 5.a., with the Provider and/or the City prior to the issuance of the first above grade building permit for the development, and there shall be provisions allowing the Agreements of Purchase and Sale of all twelve units in Recommendation 5.a. to be assignable.

c.         The community benefits recommended to be secured in the Section 37 Agreement are as follows:

i.          affordable housing.

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

i.          At least 10% of the total number of dwelling units to be constructed on the lot shall contain at least three or more bedrooms in compliance with the provisions of the Ontario Building Code.

ii.         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 to be paid at time of first building permit.

iii.        Through the Site Plan application process the following is required:

a.         A conveyance with a maximum width of 1.6 metres from a point 1.2 metres below finished grade, to the sky, including a daylight triangle at the southwest corner of York Street and Lake Shore Boulevard West, such lands to be free and clear of all encumbrances and subject to a right-of-way for access purposes until such time as the said lands have been laid out and dedicated for public highway purposes, all as more particularly illustrated on a dimensioned sketch to be provided to the property owner.

b.         A further below-grade conveyance which excludes the parking garage and all associated support structure, such conveyance to have a width of approximately 4.8 metres at the east limit of the site, and extend parallel to the existing north limit of the right-of-way to bring the width of the Lake Shore Boulevard West/Gardiner Expressway public right-of-way to a minimum width of 45 metres, in accordance with the requirements of the Official Plan.

c.         An easement with a minimum width of 5.0 metres to the full extent of the site abutting the southerly drip line or any other structural component of the Gardiner Expressway (including below grade foundation) along the F.G. Gardiner Expressway at a point 1.2 metres below finished grade, to the sky, the easement to be conveyed to the City for a nominal sum as required for maintenance purposes and the possible future dismantling of the F.G. Gardiner Expressway to the satisfaction of the Executive Director of Technical Services.

d.         Setback the project, including all ramps, driveways, bridge support columns and ventilation shafts, in order to accommodate the road widening as set out above.

e.         Provision of continuous pedestrian weather protection abutting York Street.

f.          Identification of any future patio space in co-ordination with the pedestrian weather protection requirements.

g.         Provide upgraded streetscape along York Street, Lake Shore Boulevard West and Harbour Street to co-ordinate and be in keeping with the York Street Promenade requirements.

h.         Provision of maintenance holes at the property line off city property for both storm and sanitary connections.

i.          Enter into an encroachment agreement for the area of the parking garage that will encroach into the Harbour Street and Lake Shore Boulevard right-of-way.

6.         Before introducing the necessary Bill to City Council for enactment of the site-specific zoning by-law, City Council require that a Bill for enactment of an Official Plan Amendment to permit the condominium registration of the 12 affordable rental housing units shall have been adopted by City Council.

7.         City Council authorize the City to be a party to the Agreements of Purchase and Sale for the Provider's units as a contingent transferee, in order to ensure the benefit of the units to be conveyed is secured for the intended purpose as set out in the report from the Director, Community Planning, Toronto and East York District, entitled "120 and 130 Harbour Street, and 10 York Street - Official Plan Amendment and Zoning Amendment Applications - Supplementary Report" (dated November 5, 2012)  in the event the Owner or the non-profit purchaser is not able to complete the proposed transactions, by either assigning their interests in the Agreements of Purchase and Sale or by selling the units in the open market at fair market value with the proceeds to go towards affordable rental housing.

8.         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 Schedule 1 to the report from the Director, Community Planning, Toronto and East York District (dated November 5, 2012), entitled "120 and 130 Harbour Street, and 10 York Street - Official Plan Amendment and Zoning Amendment Applications - Supplementary Report".

9.         City Council request the Chief Planner and Executive Director, City Planning Division, to commence a City-initiated amendment to the Toronto Official Plan to allow for affordable rental housing units at 120 to 130 Harbour Street and 10 York Street to be condominium registered and owned by a non-profit housing co-operative provider, which provider is to be determined  by The Cooperative Housing Federation of Toronto.

10.       City Council direct Planning staff to schedule a community consultation meeting, together with the Ward Councillor.

11.       City Council direct that notice for the community consultation meeting be given to landowners and residents within 120 metres of the site.

12.       City Council direct that notice for the public meeting under the Planning Act be given according to the regulations under the Planning Act.