Item - 2014.EY35.5

City Council on August 25, 26, 27 and 28, 2014, adopted the following:

1.         City Council amend Site and Area Specific Policy 6 of the Official Plan, for the lands at 1193 The Queensway and 7, 11, 13, 15, 17, 19, 21, 23, 25, 29, 33, 35 Zorra Street and part of 45 Zorra Street substantially in accordance with the draft Official Plan Amendment attached as Attachment 6 to the report (July 24, 2014) from the Director, Community Planning, Etobicoke York District.

2.          City Council amend Zoning By-law 747-2006, as amended, for the lands at 1193 The Queensway and 7, 11, 13, 15, 17, 19, 21, 23, 25, 29, 33, 35 and part of 45 Zorra Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to the report (July 24, 2014) from the Director, Community Planning, Etobicoke York District, with Attachment 7 amended as follows:

a.         Section 1 of Schedule C to the draft Zoning By-law Amendment is deleted and replaced with the following:

"Prior to the issuance of the first above-grade building permit the owner shall provide a cash contribution to the City in the amount of $1,250,000 to be allocated to capital improvements that will benefit the community in the vicinity of the project such as, but not limited to, non-profit licensed daycare facilities, community centres, recreation facilities, libraries, arts related community space, local streetscape improvements, shopthe queensway.com BIA capital projects, or public parks in the area, excluding the public park to be developed on the larger development block, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor.

Prior to the issuance of the first above-grade building permit, the City at its sole discretion may opt to forego the $1,250,000 cash contribution noted above and instead require the provision of approximately 275.0 square metres of community space within the development on terms and conditions to be set out in the Section 37 Agreement, including but not limited to an allowance of $220 per square metre to be provided by the owner to the City for interior finishes or improvements for the unit, such amount to be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date of the Section 37 Agreement to the day the payment is made."

3.         City Council determine, pursuant to Section 34(17) of the Planning Act, that no further notice to the public is required of the changes to the draft Zoning By-law Amendment.

4.         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.

5.         City Council approve a development charge credit against the Parks and Recreation component of the development charges for the design and construction by the owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation.  The development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

6.         City Council direct that the shortfall of parkland dedication which is above the first 5 percent in accordance with the City wide Parkland Dedication By-law 1020-2010 be provided as a Letter of Credit which would be applied to the Above Base Park Improvements for the on-site parkland dedication.

7.         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.          prior to the issuance of the first above-grade building permit the owner shall provide a cash contribution to the City in the amount of $1,250,000 to be allocated to capital improvements that will benefit the community in the vicinity of the project such as, but not limited to, non-profit licensed daycare facilities, community centres, recreation facilities, libraries, arts related community space, local streetscape improvements, shopthe queensway.com BIA capital projects, or public parks in the area, excluding the public park to be developed on the larger development block, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor.

ii.         prior to the issuance of the first above-grade building permit, the City at its sole discretion may opt to forego the $1,250,000 cash contribution noted above and instead require the provision of approximately 275.0 square metres of community space within the development which will be a grade-related unit with access from a public street within the Condominium and subject to the rules and regulations of the Condominium Corporation and normal obligations of condominium ownership including insurance, taxes and common expenses. The ownership of the said unit shall be assigned to the City of Toronto. The space may be used for any combination of community meeting space, recreation programs, daycare, library, or arts related community uses and not for medical or related treatment programs by the City, and the condominium rules must allow for such uses in the specific unit and allow for the reasonably unfettered public use of the said unit. This community space is to be designed in consultation with the local Ward Councillor and the Acting General Manager of Parks, Forestry and Recreation.

iii.        the Condominium rules will allow for signage on the exterior face of the building in proximity to the above unit for the purpose of identifying the community space. The signage must conform to the provisions of the City of Toronto Sign By-law.

iv.        an allowance of $220 per square metre will be provided by the owner to the City of Toronto for interior finishes or improvements for the above noted unit. The above noted allowance is to be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date of the Section 37 Agreement to the day the payment is made.

               v.      the above-noted cash contribution is to be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date of the Section 37 Agreement to the day the payment is made; and

vi.        in the event the cash contribution referred to above has not been used for the intended purposes within three (3) years of this By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose(s) is/are identified in the Toronto Official Plan and will benefit the community in the vicinity of the property;

b.         the provision of a public park having a minimum size of 998 m2 is recommended to be secured in the Section 37 Agreement as a means of legal convenience on terms and conditions set out therein to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor;

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

i.          the owner shall be required to certify to the Chief Planner and Executive Director, City Planning, prior to condominium registration, that the recommendations of the Environmental Noise Feasibility Study prepared by Valcoustics Canada Ltd., dated July 17, 2014 have been implemented to meet the Ministry of Environment noise guideline limits, including:

A.        the provision of air conditioning for all dwellings;

B.        upgraded windows and/or design measures;

C.        upgraded Exterior wall construction; and

D.        warning clauses in property and tenancy agreements and offers of purchase and sale to inform future residents of traffic noise;

ii.         the owner shall submit either a certified cheque or a Letter of Credit in the amount of $287,000 and in a form acceptable to the General Manager, Transportation Services, to cover the costs associated with:

A.        installing the proposed left turn phasing/traffic signal hardware modifications at the existing The Queensway/Kipling Avenue intersection;

B.        removing the unwarranted traffic control signals at The Queensway/ Zorra Street intersection;

C.        installing new traffic control signals at The Queensway/ Caven Street/Nordin Street intersection; and

D.        installing traffic signal hardware modifications at the existing The Queensway/Islington Avenue intersection;

iii.        the owner shall submit revised drawings of the required left turn storage lane extension on Islington Avenue to 85.0 m, and post an additional security if required, to the satisfaction of the General Manager, Transportation Services with respect to carrying out the said work;

iv.        if required by the Executive Director, Engineering and Construction Services in consultation with the City Solicitor, the owner shall enter into an amending subdivision agreement with respect to works set out in paragraphs (ii) and (iii) above; and

v.         The owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard.

8.         Before introducing the necessary Bills to Council for enactment, City Council require the owner to:

i.          provide confirmation to the Director, Community Planning, Etobicoke York District that the Greater Toronto Airport Authority (GTAA) and/or Navigation Canada have received building envelope information for the development proposal; and

ii.         submit a revised Functional Servicing Addendum to the satisfaction of the Executive Director, Engineering and Construction Services.

9.          City Council request the Acting General Manager, Parks, Forestry and Recreation, in consultation with the Director, Real Estate Services and the General Manager, Economic Development and Culture to report to Etobicoke York Community Council in 2015 on the community space option, including the following:

a.         the financial implications to the City in the event City Council were to elect to require the community space rather than the cash contribution of $1,250,000;

b.         identification of possible uses for, and operators of, the community space; and

c.         any additional terms and conditions that should be considered by City Council in determining whether or not to require the community space instead of the cash contribution.