Item - 2014.NY34.85

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

1.         City Council amend the Official Plan, for the lands at 2384 and 2388 Yonge Street and 31 Montgomery Avenue substantially in accordance with the draft Official Plan Amendment attached as Attachment 15 to report (July 24, 2014), from the Director, Community Planning, North York District.

2.         City Council amend Zoning By-law No. 569-2013, for the lands at 31 Montgomery Avenue, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 16 to the report (July 24, 2014), from the Director, Community Planning, North York District .

3.         City Council amend Zoning By-law No. 438-86, for the lands at 2384 and 2388 Yonge Street, and 31 Montgomery Avenue, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 17 to the report (July 24, 2014), from the Director, Community Planning, North York District subject to the following additional amendments:

a.         that section 9(i) of the draft Zoning By-law Amendment be amended to read as follows:

Parking spaces shall be provided and maintained on the lot in accordance with the following:

i.          a minimum of 0.2 parking spaces per bachelor dwelling unit;

ii.         a minimum of 0.4 parking spaces per one bedroom dwelling unit;

iii.        a minimum of 0.6 parking spaces per two bedroom dwelling unit;

iv.        a minimum of 0.8 parking spaces per three bedroom dwelling unit; and

v.         a minimum of 0.1 parking spaces per dwelling unit for visitors to the building;

b.         that a new section be added to the draft Zoning By-law Amendment to allow for patio use on a portion of the lot that provides as follows:

i.          none of the provisions of Zoning By-law No. 438-86 or this By-law shall apply to prevent a patio in the area identified as "Area A" on Map 2 of this By-law;

c.         that Map 2 of the draft Zoning By-law Amendment, attached to the motion submitted by Councillor Stintz, be revised to allow for patio use on a portion of the lot; and

d.         that a new section be added to the draft Zoning By-law Amendment to provide that in the event of a future division of the ownership between the residential and non-residential components of the development, all maintenance obligations regarding the proposed park, shall be borne by the owner of the non-residential portion of the lot, while all the obligations with respect to the public walkway easement at the west end of the development, shall be borne by the owner of the residential portion of the lot.

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 Amendments as may be required.

5.         Before introducing the necessary Bills to City Council for enactment, City Council require the Owner to enter into a Heritage Easement Agreement with the City pursuant to Section 37 of the Ontario Heritage Act, for the property at 2384 and 2388 Yonge Street in accordance with the Heritage Impact Statement, prepared by ERA Architects dated June 2, 2014, such agreement to be subsequently registered against title to the lot, all to the satisfaction of the City Solicitor in consultation with the Manager Heritage Preservation Services.

6.         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 to the satisfaction of the City Solicitor, and the Chief Planner and Executive Director, City Planning, such agreement(s) to be registered against the title of the lands for the development to secure the following facilities, services and matters:

a.         the owner shall provide a letter of credit in the City standard form, prior to the issuance of the first above-grade building permit, excluding a permit for demolition, rental/sales centre, maintenance and usual and minor works in association with the heritage structure, in the amount of five hundred thousand dollars ($500,000.00), to guarantee the cost for public art on the lands, such public art to be provided by the owner, where such amount shall be the maximum public art contribution and such amount shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, where such indexing shall not commence until August 31, 2015, unless a letter of credit to secure such contribution has been provided prior to the issuance of the first above grade building permit, subject to the exclusions noted above and the necessary amendment to Appendix 1 (Section 37 Provisions) to the draft Zoning By-law Amendment attached as Attachment 17 to the report (July 24, 2014), from the Director, Community Planning, North York District be amended accordingly.  The owner shall submit a Public Art Plan that is in accordance with the City's Percent for Public Art Guidelines and details the public art process to the satisfaction of City Council;

b.         the owner shall provide a letter of credit in the City standard form, prior to the issuance of the first above-grade building permit, excluding a permit for demolition, rental/sales centre, maintenance and usual and minor works in association with the heritage structure, in the amount of one hundred thousand dollars ($100,000.00), to guarantee the cost for streetscape improvements to be provided by the owner, to Yonge Street, Helendale Avenue and Montgomery Avenue abutting the site and parkland, such streetscape improvements in accordance with designs to be approved in connection with the Midtown in Focus, Parks, Open Space and Streetscape Master Plan Study for Yonge-Eglinton, the details of which to be determined in association with site plan approval, where such amount shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto where such indexing shall not commence until August 31, 2015, unless a letter of credit to secure such contribution has been provided prior to the issuance of the first above grade building permit subject to the exclusions noted above.  The owner may, in consultation with City Staff,  increase the scope of the streetscape improvements so as to take advantage of   Development Charge credits available therefor; Appendix 1 (Section 37 Provisions) of the draft Zoning By-law Amendment attached as Attachment 17 to report (July 24, 2014), from the Director, Community Planning, North York District, be amended accordingly;

c.         the owner shall provide a non-exclusive public pedestrian easement to the City on terms and conditions satisfactory to the City Solicitor in a location generally described as a north/south access over the western portion of the site, with details of the location and final design to be determined in the context of site plan approval for the development and that such easement lands be maintained by the owner at its sole cost. The conveyance of the easement shall be for nominal consideration at no cost to the City to the satisfaction of the City Solicitor and the owner shall be responsible to prepare, submit to the City for approval and deposit all required reference plans to describe the easement;

d.         the owner shall provide a minimum of four (4), three-bedroom units in the building;

e.         the owner shall maintain the public park having an area of not less than 264 square metres, at its sole expense, after its conveyance to the City and subject to terms and conditions to be contained in the Section 37 agreement, to the satisfaction of the General Manager Parks, Forestry and Recreation together with provisions for protections and indemnification of the City to the satisfaction of the City Solicitor in connection with maintenance including but not limited to the regular year round maintenance of landscaping and landscape surfacing including removal of snow and ice, fixtures, irrigation, electrical, fences or other structures which form part of the park installations, and, arrangements with respect to inspection of the park and park installations by the City;

f.          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 enter into a Heritage Easement Agreement with the City pursuant to Section 37 of the Ontario Heritage Act, for the property at 2384 and 2388 Yonge Street in accordance with the Heritage Impact Statement, prepared by ERA Architects dated June 2, 2014, such agreement to be subsequently registered against title to the lot, all to the satisfaction of the City Solicitor in consultation with the Manager Heritage Preservation Services;

ii.         prior to the issuance of final Site Plan Approval for all or any portion of the lot through the Site Plan Approval process pursuant to Section 114 of the City of Toronto Act, 2006, the owner shall:

1.          provide a Conservation Plan, prepared by a qualified heritage consultant that is consistent with the conservation strategy set out in the Heritage Impact Statement for 2384 and 2388 Yonge Street prepared by ERA Architects, dated June 2, 2014 and all to the satisfaction of the Manager, Heritage Preservation Services; and

2.          provide final Site Plan drawings including drawings related to the approved Conservation Plan to the satisfaction of the Manager, Heritage Preservation Services;

iii.        prior to the issuance of any permit for all or any part of the lot, excluding the portion of the lot known municipally in the year 2014 as 31 Montgomery Avenue, including pursuant to the Ontario Heritage Act and the Building Code Act and including any permit for excavation and shoring or foundation, but excluding a permit for the removal of the one storey addition to the rear of the heritage structure, a rental/sales centre, repairs, maintenance and usual and minor works acceptable to the Manager Heritage Preservation Services, the owner of the lot shall:

1.         obtain final approval for the necessary by-law amendment required for the alterations to the property at 2384-2388 Yonge Street, such amendment to have been enacted by City Council and to have come into full force and effect in a form and with content acceptable to City Council as determined by the Chief Planner, and Executive Director City Planning in consultation with the Manager, Heritage Preservation Services;

2.          have obtained final Site Plan Approval for such property, for an above-grade building permit only;

3.         provide full building permit drawings, including notes and specifications for the conservation and protection measures keyed to the approved Conservation Plan, including a description of materials and finishes to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Manager Heritage Preservation Services, except in the case of any below-grade building permits, only the subject building permit drawings are to be provided;

4.          provide a Lighting Plan that describes how the heritage structure will be sensitively illuminated to enhance its heritage character, to the satisfaction of the Manager, Heritage Preservation Services, for an above-grade building permit only;

5.         provide an Interpretation Plan for Postal Station K, to the satisfaction of the Manager, Heritage Preservation Services, for an above-grade building permit only; and

6.         provide a letter of credit to the City in a form and amount satisfactory to the Manager Heritage Preservation Services prior to the issuance of any permit pursuant to the Ontario Heritage Act for all or any part of the lot, to secure all work included in the approved Conservation Plan and the approved Interpretation Plan, with such amount 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 the letter of credit is provided;

iv.         prior to the release of such letter of credit the owner shall:

1.         provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the conservation work and the interpretive work have been completed in accordance with the approved Conservation Plan and the approved Interpretation Plan, and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Manager Heritage Preservation Services; and

2.          provide replacement Heritage Easement Agreement photographs to the satisfaction of the Manager, Heritage Preservation Services;

v.         the owner shall construct and convey to the City, within three years after the date of the issuance of the first above-grade building permit, excluding a permit for demolition, rental/sales centre, maintenance and usual and minor works in association with the heritage structure, for nominal consideration a public park having a minimum size of 264 square metres with such conveyance deemed to fully satisfy the parkland contribution requirements for the development as currently proposed, and in accordance with the terms and conditions of parkland conveyance as are set out in Attachment 14 to the report (July 24, 2014), from the Director, Community Planning, North York District with the following amendments:

1.          allow the proposed parkland dedication to be subject to:

a.         a 3.0 metre wide pedestrian access easement connecting Yonge Street to the front of the heritage building;

b.         easements to provide, maintain, replace, etc, hydro and water for the Development, the terms of such easements to be satisfactory to the Acting General Manager, Parks, Forestry and Recreation, including the requirement that the Park will be reinstated with the materials and as per the approved Park Plan, at the owners expense should any services in the easements need to be replaced or repaired; but otherwise  the conveyance to be free and clear, above and below grade easements, encumbrances and encroachments, including surface and subsurface easements unless approved by the General Manager, Parks, Forestry and Recreation.

The City shall accept the parkland dedication subject to the foregoing easements in complete fulfillment of the parkland dedication or cash in lieu thereof requirements of the Planning Act for the Development. So there is no uncertainty, Council consents to the above noted easements and encroachments or obstructions in the context of section 3.2.3 of the City of Toronto Official Plan, and confirms there shall be no requirement for additional cash in lieu payment(s) as a consequence thereof;

2.         delete the requirement for indexing the letter of credit for the Above Base Park Improvements; and

3.         Appendix 1 (Section 37 Provisions) of the draft Zoning By-law Amendment attached as Attachment 17 to the report (July 24, 2014), from the Director, Community Planning, North York District be amended accordingly.

7.         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 Acting 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 Acting 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.

8.         City Council approve a development charge credit against the Roads and Related component of the Development Charges for the design and construction by the owner of the streetscape Improvements in excess of the $100,000 amount referred to in Recommendation 3, to the satisfaction of the General Manager, Transportation Services. 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 streetscape Improvements in excess of the $100,000 amount referred to in Part 6.b. above, and the Roads and Related 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.

9.         City Council, having regard to Section 3.2.3, Policy 8. (a) of the Official Plan, approve the acceptance of the conveyance of parkland for Montgomery Square subject to the pedestrian and service easements, referenced in Parts 6.f.v.1.a. and 6.f.v.1.b., above, and that no additional cash in lieu payments be payable in connection with this.