Item - 2013.TE26.15

City Council on October 8, 9, 10 and 11, 2013, adopted the following:

1.         City Council authorize the City Solicitor together with City Planning Staff and any other appropriate staff to attend the Ontario Municipal Board Hearing scheduled for October 23, 2013, with respect to 1100 King Street West and support the settlement described in the reports (August 12, 2013 and September 9, 2013) from the Director, Community Planning, Toronto and East York District, including the draft Zoning By-law Amendment attached as Attachment 1 to the report (September 9, 2013) from the Director, Community Planning, Toronto and East York District.

2.          City Council authorize the appropriate City staff and require the owner to enter into and register on title an agreement or agreements pursuant to Section 37 of the Planning Act, to the satisfaction of the Chief Planner and Executive Director, City Planning Division and the City Solicitor to secure the following community benefits:

a.         the owner shall construct a bicycle path connecting to King Street West, with public access, with a final design and location to the satisfaction of the Chief Planner and Executive Director, City Planning, and the Executive Director, Engineering and Construction Services;

b.         a cash contribution of $1,837,000.00, or equivalent value community benefit as detailed below, be paid to, or secured by, the City prior to issuance of the first above-grade building permit on the subject lands to be applied to daycare facilities, parkland improvements and/or affordable housing in Ward 14. This cash contribution will be distributed as follows:

i.          The owner shall contribute to daycare services within Ward 14, at a minimum value of $700,000.00, in the form of daycare space to be constructed by the owner either within the development at 1100 King Street West or in another location within Ward 14, and/or by cash contribution, all to the to the satisfaction of the Chief Planner and Executive Director, City Planning and General Manager, Children's Services Division in consultation with the City Solicitor, Director, Real Estate Services, and the Ward Councillor.

ii.         The owner shall contribute to affordable rental housing within Ward 14, at a minimum value of $700,000.00, in the form of units constructed within the development at 1100 King Street West to be conveyed to the City or other City-approved agency, or by cash contribution to be used for affordable housing in Ward 14, to the satisfaction of the to the Chief Planner and Executive Director, City Planning and Director, Affordable Housing Office in consultation with the City Solicitor, Director, Real Estate Services, and the Ward Councillor.

iii.        The owner shall contribute $300,000.00 to the improvement and/or expansion of City-owned park space within Ward 14, to the satisfaction of the General Manager, Parks, Forestry and Recreation in consultation with the Ward Councillor.

iv.        The remaining contribution of $137,000.00 shall be directed to one or more of the above community benefits to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the appropriate civic officials and the Ward Councillor; and

c.         the above cash contribution will be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto for the period from the execution of the Section 37 agreement to the date of payment.

3.         City Council authorize the appropriate City staff and require the owner to enter into and register on title an agreement or agreements pursuant to Section 37 of the Planning Act, to the satisfaction of the Chief Planner and Executive Director, City Planning Division and the City Solicitor to secure the following as matters of legal convenience:

a.         the owner shall construct and convey the private segment of Joe Shuster Way for public highway purposes, to the City, prior to the issuance of the first above-grade building permit on the subject site, at nominal sum, free and clear of all encumbrances save and except for those that may be permitted by the Executive Director, Engineering and Construction Services;

b.         the owner shall remediate the lands for the Joe Shuster Way extension, if required, prior to conveyance and in accordance with City and Ministry of Environment Standards;

c.         prior to the issuance of any occupancy permits for the site, the owner shall construct, or cause another party to construct, crash mitigation measures, if required, related to the rail corridor, as set out in an agreement between the owner of the lot and the Greater Toronto Transit Authority (Metrolinx) and Canadian National Railway Company;

d.         prior to the registration of the condominium, the owner shall construct, or cause another party to construct, any works required by an agreement between the owner of the lot and the Greater Toronto Transit Authority (Metrolinx) and Canadian National Railway Company to maintain the rail safety measures (any required berm and acoustic wall), including vegetative plantings;

e.         the owner shall provide warning clauses in accordance with its agreement with Greater Toronto Transit Authority (Metrolinx) and Canadian National Railway Company;

f.          the owner shall construct, or cause another party to construct, any wind mitigation measures required pursuant to site plan approval, to the satisfaction of the Chief Planner and Executive Director, City Planning Division;

g.         the owner shall provide all matters needed to service the subject site, including but not limited to, the construction of services for water services, sanitary and storm sewer systems, roads, streetscaping and landscaping, street trees and tree irrigation systems and utilities, the retention of a satisfactory consulting engineer, the conveyance and construction of Joe Shuster Way and all required letters of credit, detailed design drawings, inspection fees, utilities, and timing of the completion of the new public street, all costs associated with any required traffic alterations and the provision of space within the development for the construction of any transformer vaults, Hydro, Bell maintenance and sewer maintenance holes;

h.         the owner is to ensure that the phased development of the site is to the satisfaction of the City, including requirements for the matters to be secured such as an overall municipal servicing and grading plan and a storm water management report and requirements with respect to each phase, such as site integration, loading, interim use of the balance of the site, construction staging and temporary landscaping, if required;

i.          the owner is to satisfy all environmental matters such as soil and groundwater management, the environmental restoration of the site, or parts thereof, and provision of a Record of Site Condition, demolition and dust control, noise and vibration, the monitoring of de-watering and a commitment to mitigate as and where required by the City;

j.          the owner shall implement improvements to King Street West to the satisfaction of the Chief Planner and Executive Director, City Planning and the Director, Engineering and Construction Services;

k.         the owner shall install an irrigation system for street trees with automatic timer, to the satisfaction of the Executive Director, Engineering and Construction Services, designed to be water efficient by a Certified Landscape Irrigation Auditor and constructed with a back flow preventer including the requirements to maintain in good order and operation, or any such policy that is in effect at the time of a building permit issuance; and

l.          the owner shall also be responsible for any shortfall in the equivalent value of a payment of monies in lieu of a transfer of land for park purposes, attributable to the East Lot on a proportionate basis, that are not satisfied by the owner of the West Lot.

4.         City Council authorize the appropriate City staff to take any necessary steps to implement Council's decision which may include any technical changes to the Draft Zoning By-law (Attachment #1 of Report No. TE26.15a) to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.