Item - 2013.TE23.11

The City Council adopt the recommendations contained in the report (March 15, 2013) from the Director, Community Planning, Toronto and East York District, amended to read as follows:

1.         City Council amend the Official Plan, for the lands at 21 Avenue Road substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 9 to the report (March 15, 2013) from the Director, Community Planning, Toronto and East York District.

2.         City Council amend Zoning By-law 438-86, as amended, for the lands at 21 Avenue Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 10 to the report (March 15, 2013) from the Director, Community Planning, Toronto and East York District, with the following modifications:

a.         The Tower 2 (south tower) setback from Cumberland Street is increased from 2.0 metres to 3.0 metres;

b.         Balconies are permitted to project up to 1.0 metre into south property line setback of Tower 2 (south tower) set well in from the south east and south west corners (by the amount to be illustrated in the implementing by-law) of the tower at a height above 23 storeys;

c.         The Tower 2 (south tower) setback from the east property line is increased from 4.0 metres to 5.5 metres;

d.         The Tower 2 (south tower) setback from the west property line (Avenue Road) is reduced from 1.1 metres to 0.5 metres;

e.         The Tower Separation Setback is reduced from 20.0 metres to 19.0 metres;

f.          Provide an additional (ground floor) schedule illustrating:

i.          A 2.45-metre east side yard setback for the first 8.54 metres from grade of Building 3 (10-storey building);

ii.         A 4.0 to 4.1 metre at grade setback having a 9.0 metre clear height from the south property line (Tower 2);

iii.        A 1.6 metre at grade setback having a 4.3 metre clear height from the south and west property line (Tower 2);

iv.        The location of the 200 square metre publicly accessible common outdoor space; and

v.         The general location of the 3.65 metre wide east west pedestrian connection.

g.         Reduce the overall gross floor area from 61,990 square metres to 61,200 square metres;

h.         A minimum of 380 parking spaces shall be provided on the lot;

             i.         Include a minimum residential parking rate of:

i.          0.1 parking spaces for each bachelor dwelling unit;

ii.         0.3 parking spaces for each one bedroom dwelling unit;

iii.        0.5 parking spaces for each two bedroom dwelling unit; and

iv.        1.2 parking spaces for each three bedroom dwelling unit.

j.          A maximum of 70 residential parking spaces may be provided for within parking stackers having a minimum width of 2.4 metres and a minimum depth of 5.6 metres; and

k.         Provide a dimension for the shared loading space – type "G"/"B" of no less than 12.0 metres by 4.0 metres, with the standard 6.1 metre vertical clearance.

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

4.         City Council require the Owner to submit a Traffic Study and a detailed Functional Pavement Marking and Signing Plan, to the satisfaction of the General Manager, Transportation Services, which assesses the implications of widening the easterly sidewalk along Avenue Road by eliminating a portion or all of the existing northbound curb lane directly adjacent to the 21 Avenue Road site, and in the event that the Traffic Study and Functional Pavement Marking and Signing Plan are deemed to be acceptable, the owner is required to construct and pay for all costs associated with the modifications that are required to implement the sidewalk widening.

5.         Before introducing the necessary Bills to City Council, require the Owner to undertake that the Owner shall advise the Ontario Municipal Board, upon the by-law becoming final and binding, that the owner and the City will not request the Board to issue an Order pursuant to its decision dated May 18, 2010 approving an Official Plan amendment and Zoning By-law amendment and that the Board close its file in this matter (OMB File No. PL090551).

6.         Before introducing the necessary Bills to City Council, require the Owner to undertake that upon the Official Plan and Zoning By-laws becoming final and binding, that the Owner will withdraw their appeal of OPA 203.

7.         Before introducing the necessary Bills to City Council for enactment, 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 includes an indexed contribution of $3,000,000, to be paid or secured at the times noted in each of the sections below in the Section 37 Agreement.  The total amounts are 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 and is detailed as follows:

i.         An indexed contribution of $800,000, towards the Public Art Program, prior to the issuance of the first above grade building permit for the south tower (Tower 2).  Public art is to be located within the privately owned and publically accessible open space fronting onto Avenue Road. The location(s) will be identified as part of the Site Plan Control process;

ii.         An indexed contribution of $1,000,000 shall be provided as follows:

a.         A $200,000 indexed contribution shall be secured through a letter of credit within 30 days of the site specific by-law coming into full force and effect.  This portion shall be devoted to the costs to close a portion along Avenue Road adjacent to the site between Cumberland Street and Yorkville Avenue and reconstruct a newly widened sidewalk with black granite, if City Council directs staff to close the lane to allow for the increased width of the sidewalk along Avenue Road, which work shall be completed by the Owner. In the event that the lane is not closed, the $200,000 amount referenced shall be devoted to streetscape improvements in the Village of Yorkville area.

b.         A $200,000 indexed contribution shall be secured through a letter of credit and provided prior to the first above grade building permit for the Yorkville Avenue Building (Building 3), towards the streetscape improvements for the Village of Yorkville area, including all streets adjacent to the site including Avenue Road, Yorkville Avenue and Cumberland Street, which may be designed with black granite sidewalks and other street details to the satisfaction of the Chief Planner and Executive Director of the City Planning Division.

c.         A $600,000 indexed cash contribution to be paid prior to the issuance of the building permit for the South Tower (Tower 2) above the 4th storey (for greater clarity the south tower structural building permit for 5th storey and above);and effect towards streetscape improvements in the Village of Yorkville area.

iii.        A cash contribution of $1,000,000, to be paid prior to the issuance of the building permit for the South Tower (Tower 2) above the 4th storey (for greater clarity the south tower structural building permit for 5th storey and above), towards streetscape improvement in the local area, and more specifically, the low rise residential Yorkville Heritage Conservation District area, specifically the utility burial and street lighting initiative; and

iv.       An indexed cash contribution of $200,000, to be paid prior to the issuance of the building permit for the South Tower (Tower 2) above the 4th storey (for greater clarity the south tower structural building permit for 5th storey and above), towards capital improvements to affordable housing in Ward 27, in consultation with the Ward Councillor.

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

i.          An easement is to be provided for public use of the a 200 square metre publically accessible open space;

ii.         An 3.65 metres wide easement is to be provided for a publically accessible east-west pedestrian mid-block connection, and it is understood that the Owner has the right to install such wind mitigation measures as are necessary to provide a comfortable pedestrian environment, which opening shall provide a clear site line to the east west opening to the laneway connection through 162/164 Cumberland Street;

iii.        Provide a decorative stone bench to be located within the public land and a water feature as part of the private patio area on the Owner’s lands, both fronting on Cumberland Street;

iv.        Provide a detailed list of materials to be used in the podium as required by the Chief Planner and Executive Director of the City Planning Division as part of the Site Plan Control process; and

v.         Provide and maintain a dedicated 9 square metre on-site at-grade "pet friendly" area with bag station and garbage disposal, not located within the 200 square metre publically accessible open space and registered as a condition of Site Plan Approval.

8.         Direct the discretionary portion of the “cash in lieu of parkland” to go towards improvements to Ramsden Park.

9.         City Council determine that the revisions made to the proposed Zoning By-law are minor in nature and, pursuant to subsection 34(17) of the Planning Act, no further public notice is required in respect of the proposed Zoning By-law.