Item - 2014.TE30.12

The Toronto and East York Community Council recommends that:

1.         City Council support the amendment to Zoning By-law 438-86, as amended, for the lands at 383 Sorauren Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to the report (January 31, 2014) from the Director, Community Planning, Toronto and East York District.

2.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment, as may be required, for submission to the OMB to be attached to their Order.

3.         City Council require the owner to enter into an agreement pursuant to Section 37 of the Planning Act as follows:

a.         The community benefits secured in the Section 37 Agreement are as follows:

i.          A cash contribution of $112,500.00 towards improvements to the Wabash-Sorauren Community Centre, 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 payment is made.

ii.         A cash contribution of $112,500.00 towards the City's Capital Revolving Fund for Affordable Housing for the purpose of constructing new affordable rental housing units in Ward 14, 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 payment is made.

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

i.          The provision of appropriate warning clauses and mitigation measures in the Site Plan Agreement and payments toward mitigation at 393 Sorauren Avenue up to a maximum of $10,000.00 in recognition of the adjacent rail facility and commercial employment uses, to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

ii.         The provision of an eighty (80) percent transparency opening at the 8th storey architectural frame as shown in Drawing Nos. A.13 and A.14 submitted as Exhibit 8 to the Ontario Municipal Board hearing file No. PL130568 as part of Site Plan Approval to the satisfaction of the Chief Planner and Executive Director of City Planning, to achieve an open frame to allow for skyview and sunlight to the south and north.

4.         Before the Final Order of the OMB is issued in respect of Site Plan Approval, City Council require the applicant to enter into a Site Plan Agreement under Section 41(16) of the Planning Act and Section 114 of the City of Toronto Act.

The purpose of this report is to provide City Council with the results of settlement negotiations on 383 Sorauren Avenue, appealed by the applicant to the Ontario Municipal Board (OMB). This report follows the Request for Directions report dated August 16, 2013, from the Director, Community Planning, Toronto and East York District and adopted by City Council on October 8, 2013.

In the August 16, 2013 report, City Planning staff identified that the proposal did not provide adequate transition to its existing and planned context, did not provide sufficient parking, and did not provide sufficient private amenity space, among other concerns.

On January 6, 2014, the applicant presented a settlement to the OMB. This report provides details of the settlement and seeks Council support.