Item - 2014.PG34.2

City Council on July 8, 9, 10 and 11, 2014, adopted the following:

1.         City Council amend the Draft Zoning By-law Amendment appended as Attachment 5 to the report (May 22, 2014) from the Chief Planner and Executive Director, City Planning, by:

a.         deleting the words "of which, a minimum of 10% of the total number of dwelling units shall be 3-bedroom dwelling units or larger” from Section 1(e) - Section 1(c)(iii);

b.         deleting Section 1(n)- Section 5(d) and replacing it with:

“A minimum of ten percent (10%) of the total number of dwelling units to be constructed in the building shall be capable of being designed as three bedroom units in compliance with the provisions of the Ontario Building Code, and these dwelling units are to be shown on any marketing plans as three bedroom units and to be marketed as three bedroom units. These units may be sold and/or constructed with fewer bedrooms with provisions in the condominium documentation to allow renovation to three bedroom units.”

2.         City Council amend former City of Toronto Zoning By-law 1150-2008, being a By-law to amend Zoning By-law 438-86, as amended, for the lands at 171 East Liberty Street, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (May 22, 2014) from the Chief Planner and Executive Director, City Planning, as amended by Part 1 above.

3.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendments as may be required.

4.         Before introducing the bills to Council, the City receive the Minister of Municipal Affairs and Housing’s decision on Official Plan Amendment 231.

5.         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 secure the following:

a.         the following matters shall be secured as a community benefit in support of the development:

i.          the owner shall contribute $1,000,000.00, 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 upon issuance of the 1st above-grade building permit, toward securing and/or constructing community services and/or facilities within the general area of 171 East Liberty Street, to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor;

            b.         the following matters shall be secured in support of the development:

i.          prior to the issuance of the first demolition permit for the of part of the existing building necessary to facilitate the proposed development, the owner will submit a Construction Management Plan including but not limited to details regarding size and location of construction staging areas, dates of significant concrete pouring activities, measures to ensure safety lighting does not negatively impact adjacent residences, construction vehicle parking locations, refuse storage, site security, site supervisor contact information, and any other matters deemed necessary to the satisfaction of the Chief Planner and Executive Director, City Planning Division, the General Manager of Transportation Services, and the Chief Building Official, in consultation with the Ward Councillor;

ii.         prior to the issuance of any above grade permits, an updated wind study will be provided to the satisfaction of the City Planning Division to identify measures to mitigate wind impacts year-round. Mitigation measures will be required to be incorporated into the proposed building;

iii.       a minimum of ten percent (10 percent) of the total number of dwelling units to be constructed in the mixed-use building shall be capable of being designed as three bedroom units in compliance with the provisions of the Ontario Building Code, and these dwelling units are to be shown on any marketing plans as three bedroom units and to be marketed as three bedroom units. These units may be sold and/or constructed with fewer bedrooms with provisions in the condominium documentation to allow renovation to three bedroom units;

iv.        prior to the issuance of below-grade permits, the owner shall submit a functional pavement marking and signing plan for a dedicated westbound right-turn-lane at the East Liberty Street/Pirandello Street and construct, or cause to be constructed, at no cost to the City, this dedicated westbound right-turn-lane to the satisfaction of the General Manager, Transportation Services;

v.         the owner agrees to provide and maintain a minimum of 32 parking spaces within the commercial garage at 171 East Liberty Street for the exclusive use of visitors to the residential condominium, at no cost, between the hours of 6:00PM on Fridays and 6:00AM on Mondays to the satisfaction of the Chief Planner and Executive Director, City Planning.  These 32 parking spaces shall include signage that indicates that the spaces are for the exclusive use of visitors to the residential condominium, at no cost, between the hours of 6:00PM on Friday and 6:00AM on Monday; and

vi.        the owner acknowledges and agrees that the City will withhold, until June 16, 2017, any demolition permits necessary to demolish all or part of the existing building necessary to construct the proposed new mixed use building at 171 East Liberty Street as detailed in the Final Report (May 22, 2014) from the Chief Planner and Executive Director City Planning.

6.         Before introducing the necessary bills to City Council for enactment, the owner shall be required to enter into an agreement registered on title of both 171 East Liberty and 5 Hanna Avenue with the owners of each site, to which the City will be party, to secure 133 commercial parking spaces to be provided at 5 Hanna Avenue.

7.         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 and any agreement(s) required for the provision of off-site parking.