Item - 2013.TE24.6

City Council on June 11, 12 and 13, 2013, adopted the following:

1.         City Council amend the Official Plan for the lands at 1331 Yonge Street substantially in accordance with the draft Official Plan Amendment attached as Attachment 11 to the report (March 7, 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 1331 Yonge Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 12 to the report (March 7, 2013) from the Director, Community Planning, Toronto and East York District but with the following modifications:

i.          a maximum of 3 levels of underground parking, consisting of not less than 1.0 residential parking spaces per dwelling unit and 0.1 visitor parking spaces per dwelling unit, to a maximum of 180 total parking spaces.  No commercial parking and no commercial parking garage is permitted;

ii.          a minimum of 2 parking spaces internal to the site at ground level dedicated for short term pick-up and drop-off purposes;

iii.        inclusion of a ground level drawing, demonstrating a setback from the south lot line of a minimum of 2 metres to the first floor of the building; and

iv.        in addition to the community benefits referenced in the amending by-law in the Report, as a convenience to support the development, the owner shall pay for and construct any improvements to the municipal infrastructure in connection with the widening of Jackes Avenue and rebuilding of the sidewalk abutting the site, as accepted by the Executive Director of Engineering and Construction Services. Before the necessary bills are enacted, the owner is required to enter into an agreement pursuant to Section 37 of the Planning Act, to be registered on title to secure these obligations.

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.         Before introducing the necessary Bills to City Council for enactment, City Council require the owner of the lands at 1331 Yonge Street (subject of the report (March 7, 2013) from the Director, Community Planning, Toronto and East York District) to enter into an Agreement pursuant to Section 37 of the Planning Act, to be registered on title, to the satisfaction of the City Solicitor, to secure the following:

a.         The owner will pay to the City, prior to the issuance of the first above grade building permit for the lot, the sum of $6,000 for the production by Heritage Toronto of a historic plaque to be installed on-site.  The plaque will commemorate the historical significance of Gallows Hill, including the role it played in the Rebellion of 1837.  The owner will provide to the City in advance of the installation, a site plan showing the location of the plaque to the satisfaction of the Executive Director of Heritage Toronto.  The owner will provide consent to the installation of the plaque on site;

b.         An indexed cash payment of $375,000 payable prior to the issuance of the first above-grade building permit for the lot, for the purposes of Yonge Street streetscape improvements between Heath Street south to Woodlawn on the east side as determined by the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

c.         An indexed cash payment of $350,000 payable prior to the issuance of the first above- grade building permit for the lot for the purpose of park improvements to the David Balfour Park/Vale of Avoca Ravine; and

d.         The owner will provide 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.

5.         City Council require that the amounts identified in Parts 4a.to c. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto for the period from the date of the execution of the Section 37 Agreement to the date of payment.

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

a.         The owner shall pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report, as accepted by the Executive Director of Engineering and Construction Services, should it be determined that improvements to such infrastructure is required to support this development.

6.         City Council direct that the applicant be advised that, as a condition of site plan approval, the approval authority shall require the provision of throat widenings or laybys to permit the widening of Jackes Avenue abutting the site, while maintaining existing sidewalk width.

7.         City Council direct that the applicant be advised that when a site plan application is made, the Ward Councillor may request the Chief Planner to submit the application to Toronto and East York Community Council and to Council for its approval.

8.         City Council authorize the appropriate City officials to take such actions as are necessary to implement Council's decision, including execution of the Section 37 Agreement.