Item - 2013.TE28.7

The Toronto and East York Community Council recommends that:

1.         City Council amend the Official Plan for the lands at 6, 8, 10, 12, 14 and 16 Glen Road; 4, 6, 58, 60, 62, 64, 76 and 100 Howard Street; and 603, 605, 607, 609, and 611 Sherbourne Street substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 8 to the report (November 4, 2013) from the Director, Community Planning, Toronto and East York District.

2.         City Council amend former City of Toronto Zoning By-law 438-86, as amended for the lands at 6, 8, 10, 12, 14 and 16 Glen Road; 4, 6, 58, 60, 62, 64, 76 and 100 Howard Street; and 603, 605, 607, 609, and 611 Sherbourne Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 9 to the report (November 4, 2013) from the Director, Community Planning, Toronto and East York District.

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 approve the facilities, services and matters as set out in Schedule 1 to Attachment No. 9 to the report (November 4, 2013) from the Director, Community Planning, Toronto and East York District, and, before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into an agreement(s) pursuant to Section 37 of the Planning Act to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning Division to secure such facilities, services and matters, with the following amendments to Schedule 1:

A.        The following paragraph in Section 1 of Schedule 1 be amended to read as follows:

             "such amounts to be 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 to be allocated at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, as follows:".

             B.       Section 2 of Schedule 1 be deleted and replaced with the following:

(2)         i)         On or before January 1, 2014 the owner shall provide a detailed Conservation Plan for the properties known as 6-16 Glen Road detailing all conservation work required in accordance with the Heritage Impact Assessment prepared by ERA Architects Inc. and dated June 8, 2011, including a detailed estimate of costs associated with the conservation work, prepared by a qualified heritage consultant to the satisfaction of the Manager, Heritage Preservation Services and shall also have commenced such conservation work by April 1, 2014 and shall complete the work on or before April 1, 2015;

             ii)        Before the necessary Bills are introduced to City Council for enactment permitting the increase in height and density of development proposed on Block 1, Block 2 and Block 3, the owner shall:       

a.         provide a detailed Conservation Plan for the properties known as 603, 605-607 Sherbourne Street and 76 Howard Street, detailing all conservation work required in accordance with the Heritage Impact Assessment prepared by ERA Architects Inc. for each of the referenced properties with final revisions dated December 20, 2012 (603 Sherbourne Street), June 10, 2013 (605-607 Sherbourne Street) and June 21, 2013 (76 Howard Street), including a detailed estimate of costs associated with the conservation work, prepared by a qualified heritage consultant to the satisfaction of the Manager, Heritage Preservation Services;

b.         execute a Heritage Easement Agreement with the City for each of the properties at 603, 605-607 Sherbourne Street, 6-16 Glen Road and 76 Howard Street to the satisfaction of the Manager, Heritage Preservation Services; and

c.         have completed the conservation work at 6-16 Glen Road in accordance with the approved Conservation Plan or shall provide written confirmation from the heritage architect to the satisfaction of the Manager, Heritage Preservation Services, that the conservation work commenced on or before April 1, 2014 and is proceeding in accordance with the Conservation Plan in a timely and reasonable manner for completion on or before April 1, 2015.

C.        Section (5) ii) of Schedule 1 be deleted and replaced with the following:

ii)         6-16 Glen Road; prior to April 1, 2015 as required pursuant to Section (2) i) of this Schedule;".

5.         Before introducing the necessary Bills to City Council for enactment, City Council require that the owner provide a cash-in-lieu payment for the tree replacement requirement applicable to the significant private tree (tree 7818) being 24 new trees of 70mm calliper to be planted to the satisfaction of the General Manager, Parks, Forestry and Recreation.

6.         Before introducing the necessary Bills to City Council for enactment and in connection with Blocks 1 and 3, City Council require the owner shall:

a.         prepare and submit to the satisfaction of the Executive Director, Engineering and Construction Services, a detailed sanitary analysis for Block 1 and Block 3 based on current conditions and make satisfactory arrangements with the City with respect to financial contributions or sewer upgrades that may be required by the City based on the increased flow contribution by the development; and

b.         pay for all watermain upgrades that may be required to the satisfaction of Toronto Water in order to resolve static pressure in the area affecting Block 1 and Block 3 which is below required levels pursuant to the Fire Code as outlined in the hydrant flow test submitted by Corix Water Services, dated May 28, 2013.

7.         Before introducing the necessary Bills to City Council for enactment, City Council require that:

a.         the required variances for the replacement rental building if proposed to be located off the subject lands on the north side of Howard Street between Glen Road and Edgedale Road immediately east  of premises municipally known as 1 Glen Road, are final and binding; and

b.         the owner file an application for Site Plan Control with Community Planning for the replacement rental building proposed on Howard Street.

8.         City Council approve the application to demolish the 8 existing residential rental units located at 4 and 76 Howard Street, 603 Sherbourne Street and 16 Glen Road pursuant to Municipal Code Chapters 667 and 363, subject to the following conditions under Chapter 667 which provide for the replacement of rental housing as outlined in this report:

a.         the owner shall provide and maintain eight (8) residential rental dwelling units either on the subject lands or in a new building, to be located on the north side of Howard Street between Glen Road and Edgedale Road, immediately east of premises municipally known as 1 Glen Road, as rental housing for a period of at least 20 years, comprising 7 one-bedroom units and 1 three-bedroom unit, all of which shall have affordable rents;

b.         the owner shall provide tenant relocation assistance including the right to return to a replacement rental unit for the eligible tenants to the satisfaction of the Chief Planner and Executive Director, City Planning Division;

c.         the owner constructs the replacement rental units to the satisfaction of the Chief Planner and Executive Director, City Planning Division, either on the subject lands, or in a new rental apartment building located on Howard Street (as referred to in Recommendation 8.a.) substantially in accordance with the rental housing proposal dated October 28, 2013, with any revisions to be to the satisfaction of the Chief Planner and Executive Director, City Planning Division;

d.         if the replacement rental units are being provided on the Howard Street location,  the owner applies for and obtains all necessary planning approvals that provide for the construction of the new replacement rental building, as provided for in Recommendation 8.c.;

e.         the owner shall obtain the necessary building permits for the new replacement rental building on the Howard Street location, or if the rental units are to be replaced on the subject lands, building permits for the building in which the replacement rental units are to be provided;

f.          the owner shall enter into and register one or more Section 111 Agreement(s) on title to the lands subject to the zoning by-law and on the lands comprising the new location on Howard Street, to secure the conditions outlined in Recommendations 8.a-e. above and as described in the draft zoning by-law amendment (Attachment 9) to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning Division; and

g.         the owner shall enter into and register on title to the subject lands and, as applicable, to the lands comprising the new location on Howard Street, a Section 118 Restriction under the Land Titles Act, to the satisfaction of the City Solicitor, agreeing not to transfer or charge any part of the lands against which the restriction is registered, without the written consent of the Chief Planner and Executive Director, City Planning Division, or his or her designate, to assist with securing the Section 111 Agreement against future owners and encumbrances of the lands until such time as the City Solicitor determines that its registration on title to any part of the lands is no longer required to secure the provisions of the Section 111 Agreement; and

h.         for the demolition of 4 Howard Street, the owner shall obtain the necessary building permits for the development on Block 1 as provided for in the zoning by-law amendment.

9.         City Council authorize the Chief Planner and Executive Director, City Planning Division to issue preliminary approval for a Section 111 permit for demolition of the rental units for each of the 3 existing rental buildings at 4 and 76 Howard Street and 603 Sherbourne Street under Municipal Code Chapter 667 following satisfaction of the matters set out in Recommendation 9.a. through 9.d. below for 76 Howard Street and 603 Sherbourne Street and the matters set out in Recommendation 9.a. through 9.e. below for 4 Howard Street:

a.         satisfaction of the conditions in Recommendation 8;

b.         the Official Plan amendment and the Zoning By-law amendment for the subject lands has come into full force and effect;

c.         if the replacement rental units are to be located on Howard Street (as referred to in Recommendation 8.a.), the owner has obtained any necessary variances and issuance of the Notice Of Approval Conditions for site plan approval for the building by the Chief Planner and Executive Director, City Planning Division, or his or her designate, pursuant to Section 114 of the City of Toronto Act, 2006;

d.         the owner has obtained the first building permit for the foundation of the new replacement rental building on the Howard Street lands (as referred to in Recommendation 8.a.), or if the rental units are to be replaced within the subject lands, the first building permit for shoring and excavation of the building which will contain the replacement rental units; and

e.         for 4 Howard Street, the issuance of the Notice Of Approval Conditions for site plan approval of Block 1 by the Chief Planner and Executive Director, City Planning Division, or his or her designate, pursuant to Section 114 of the City of Toronto Act, 2006.

10.       City Council authorize the Chief Planner and Executive Director, City Planning Division to issue preliminary approval for a Section 111 permit for interior demolition of the rental units at 16 Glen Road no earlier than the issuance of the heritage permits required by the approved Conservation Plan.

11.       City Council authorize the Chief Building Official to issue a Section 111 permit for each of the 4 rental buildings under Municipal Code Chapter 667 after the Chief Planner and Executive Director, City Planning Division has given the preliminary approval for each of the 4 rental buildings as appropriate, and as referred to in Recommendations 9 and 10, as appropriate.

12.       City Council authorize the Chief Building Official to issue a permit under Section 33 of the Planning Act for 4 Howard Street no earlier than issuance of the first building permit for excavation and shoring of the development on Block 1, and after the Chief Planner and Executive Director, City Planning Division has given the preliminary approval referred to in Recommendation 11, which permit may be included in the demolition permit for Chapter 667 under 363-11.1, of the Municipal Code, on condition that:

a.         the owner erect a residential building on site no later than three (3) years from the day demolition of the buildings is commenced; and

b.         should the owner fail to complete the new building within the time specified in condition 12.a., the City Clerk shall be entitled to enter on the collector’s roll, to be collected in a like manner as municipal taxes, the sum of twenty thousand dollars ($20,000.00) for each dwelling unit for which a demolition permit is issued, and that each sum shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.

13.       City Council authorize and direct that the value of above-base improvements to the proposed public park, to be undertaken by the owner and secured through the proposed Section 37 conditions at the owner's cost, to the satisfaction of the General Manager of Parks, Forestry and Recreation, be applied as a credit toward the Parks and Recreation component of the City’s development charges, such credit not to exceed the lesser of:

a.         the final cost of the above-base condition as confirmed by the Parks, Forestry  and Recreation staff and in an amount not exceeding $600,000; or

b.         the Parks and Recreation component of the Development Charges paid with respect to Block 3 of this development.

14.       City Council direct the Chief Planner and Executive Director, City Planning to convene a Working Group composed of the applicant, City staff, neighbourhood representatives and the Ward Councillor to review the plans and drawings submitted for site plan approval for Blocks 1, 2 and 3, with a terms of reference prepared by City Planning staff in consultation with the Ward Councillor.

15.       City Council request that the developer and the community continue further negotiations and direct that should any further consensus between the developer and the community on the development plan emerge, or any other revisions acceptable to the Chief Planner emerge, City staff review them in consultation with the Design Review Panel and bring forward a supplementary report to outline the process for addressing any revisions, as appropriate, and before introducing the necessary bills to City Council for enactment.

16.       City Council direct that a committee of City staff led by Community Planning and including Parks Forestry and Recreation and Real Estate review the improvement and optimization of parks and open space in St. James Town, together with the St. James Town Community Improvement Plan and report back to Toronto and East York Community Council within 18 months.

17.       City Council approve the installation traffic control signals, at the applicant's expense, at the intersection of Bloor Street East and the private driveway, approximately 160 m west of Parliament Street, in conjunction with the development of Block 3.

18.       City Council request the Director of Transportation Services to report back to the Toronto and East York Community Council on the feasibility and possible locations for a pedestrian crossing device on Howard Street and for the applicant to provide the associated necessary funds.

19        City Council authorize the Chief Building Official to issue a permit under Section 33 of the Planning Act for 76 Howard Street to facilitate the relocation of the building after the Chief Planner and Executive Director, City Planning Division, has given the preliminary approval referred to in Recommendation 11 of the Report  (November 4, 2013) from the Director, Community Planning, Toronto and East York District, which may be included in the permit allowing for the demolition of the rental unit per Chapter 667, under 363-11.1 of the Municipal Code.

20.       City Council authorize the appropriate City officials to take such actions as are necessary to implement the foregoing, including execution of the Section 37 and Section 111 Agreements.