Item - 2013.TE22.2

The Toronto and East York Community Council recommends that:

1.         City Council amend Zoning By-law 438-86, as amended, for the lands at 159 Wellesley Street East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 8 to the report (February 6, 2013) from the Director, Community Planning, Toronto and East York District, as such may be directed to be amended by, or as a result of, these recommendations, and with the following amendments:

A.        Appendix 1 to the draft Zoning By-law Amendment attached as Attachment No. 8 to the report (February 6, 2013) from the Director, Community Planning, Toronto and East York District, be deleted.

B.        That performance standard 1 in "Section 1 - Built Form" be amended to read:

"1.        The aggregate of the residential gross floor area and non-residential gross floor area of buildings and structures on the lot shall not exceed 23,175 square metres, subject to the following:

a)         The residential gross floor area of buildings and structures shall not exceed 23,025 square metres;

b)         The non-residential gross floor area of buildings and structures shall not exceed 150 square metres; and".

C.        That performance standards 1 to 5 in "Section 2 - Parking and Loading" be amended to read:

"1.        Provide a minimum number of resident parking spaces on the site to serve this development in accordance with the following minimum ratios:

Bachelor Units            0.30 spaces per unit

1-bedroom Units         0.42 spaces per unit

2-bedroom Units         0.75 space per unit

3+ bedroom Units       1.20 spaces per unit;

2.         Provided further that:

a)         Up to 50 of the resident parking spaces may be provided off-site by means of a lease arrangement at Premises No. 155 Wellesley Street East, such parking spaces to be surplus to the requirements of the Zoning By-law, as may be varied by the Committee of Adjustment; and

b)         A reduction of four resident parking spaces will be permitted for each car-share parking space provided on the lot or at Premises No. 155 Wellesley Street East, and that the maximum reduction permitted by this means be capped by the application of the following formula:

             4 x (Total No. of Units ÷ 60), rounded down to the nearest whole number.

c)         A minimum of seven parking spaces be provided and maintained on the site for residential visitors to the project.

3.         Comply with the parking space dimensional requirements of the Zoning By-law, except that up to seven parking spaces may have a length of no less than 5.0 metres.

             4.        That Bicycle Parking be provided as follows:

a)         0.8 resident bicycle parking spaces per residential unit; and

b)         0.2 spaces for visitor bicycle parking spaces per residential unit.

5.         One loading space - type “G” shall be provided and maintained on the lot."

2.         City Council authorize the City Solicitor to make such stylistic, technical and other changes to the draft Zoning By-law as are necessary to give effect to the intent of these recommendations.

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 as follows:

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

i.          $500,000 for the renovation of Casey house;

ii.         $100,000 for capital improvements to TCH properties located within Ward 27; and

iii.        The provision and conveyance of approximately 8 residential units for an approximate total of 7,300 square feet (i.e., plus or minus 3%) to Habitat for Humanity or a similar non-profit provider (the "Provider") of below-market ownership housing on the following terms:

a.         The apartments shall be provided to the standard agreed upon with Habitat for Humanity.

b.         The conveyance shall be for $250 per square foot ($2,688.17/ m2) 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 purchaser.

c.         In the event that both the Provider and the City fail to enter into or complete any of the agreements of purchase and sale for the apartments on the Owner’s standard terms, as modified by these recommendations, in a timely manner and through no misfeasance of the Owner, the Owner may satisfy its obligation under recommendation 3.a.iii, in its entirety, by paying the sum of $800,000.00 to the City’s capital revolving fund for affordable housing, with the proviso that the funds be spent on affordable housing in Ward 27.  Upon paying the said sum the Owner will be released from its obligation to complete any such agreements of purchase and sale.

iv.        The Owner shall enter into Agreements of Purchase and Sale on its standard terms as modified by these recommendations with respect to all the below-market condominium units referenced in Recommendation 3.a.iii, with the City and/or the Provider 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 these units to be assignable by the City to a Provider approved by the Owner.

v.         Require that the cash amounts identified in Recommendations 3.i and 3.ii. above shall be indexed annually in accordance with the Non-Residential Construction Price Index for the Toronto CMA, reported quarterly by statistics Canada in Construction Price Statistics Publication No. 62-007-XPB, or its successor, calculated from the date of execution of the Section 37 Agreement to the date of submission of the funds by the owner to the City.

4.         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 implement these Recommendations.  In the event that Habitat is not able to complete the transactions, the City may assign its interest in the Agreement of Purchase and Sale to a Provider approved by the Owner.

5.         City Council authorize and direct the Director, Affordable Housing Office to enter into an agreement with the purchaser of the Provider's Units to secure the terms of the sale of the Provider's Units as below market affordable ownership homes, to require reporting of the activity involving the sale of the units and to secure such other terms and conditions as he deems advisable, such agreement to be in a form satisfactory to the City Solicitor and to be entered into prior to the completion of the Agreements of Purchase and Sale contemplated by Recommendation 3.a.iii and referred to in Recommendation 4 of the attached report.

6.         In connection with the future site plan application, City Council require that the owner convey to the City, prior to the issuance of a building permit, at nominal cost, a 0.85 m wide strip of land to the full extent of the site abutting the south limit of Wellesley Street East, to a minimum depth of 1.2 metres below grade, such lands to be free and clear of all encumbrances, save and except for utility poles, and subject to a right-of-way for access purposes in favour of the Grantor until such time as the said lands have been dedicated for public highway purposes.

7.         City Council authorize and direct the appropriate City Officials to take the necessary action to give effect to the foregoing.