Item - 2014.TE34.16

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

1.         City Council amend Zoning By-law 436-86, as amended, for the lands at 57 Spadina Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (July 21, 2014) from the Director, Community Planning, Toronto and East York District, with the following amendments:

a.         Subsection 1(e) of the draft by-law be amended to read as follows:

"(e)      notwithstanding subsection 1(d), balconies, ornamental and architectural elements over the area of the 1.3 metre future stratified lane widening shall be permitted provided such balconies, ornamental and architectural elements are located a minimum of 10 metres above grade, where terms of maintenance, indemnification and insurance in respect of the balcony, ornamental and architectural element projections are to be secured in the Site Plan Agreement, including additional and/or modified conditions as the City Solicitor may deem necessary in the interests of the Corporation".

b.         Subsection 1(i) (ii) of the draft by-law be amended to read as follows:

"(ii)       a minimum of 2,500 square metres of non-residential gross floor area must be provided for office uses, with the total non-residential gross floor area on the lot not to exceed 5,000 square metres; and";

c.         Subsection 2 of the draft by-law be amended by adding the following part (j), as follows:

"(j)       "car share" means the practice where a number of people share the use of one or more cars that are owned by a profit or non-profit sharing organization and where such organization may require that use of cars be reserved in advance, charge fees based on time and/or kilometres driven, and set membership requirements of the car-sharing organization, including the payment of a membership fee that may or not be refundable."

d.         Subsection 3(m) of the draft by-law be amended to read as follows:

"(m)     parking spaces for residents must be provided and maintained on the lot in accordance with the following minimum standards:

i.          0.3 parking spaces for each bachelor dwelling unit;

ii.         0.5 parking spaces for each one bedroom dwelling unit;

iii.        0.75 parking spaces for each two bedroom dwelling unit; and

iv.        1.2 parking spaces for each three or more bedroom dwelling unit.

Notwithstanding the total number of resident parking spaces provided pursuant to the above-noted ratios, the total resident parking spaces may be reduced by a maximum of 38 parking spaces, and that a minimum of two car share spaces shall be included."

2.         City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 57 Spadina Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (July 21, 2014) from the Director, Community Planning, Toronto and East York, with the following amendments:

a.         Subsection 3.(B)ii) of the draft by-law be amended to read as follows:

"(B) ii) A minimum of 2,500 square metres of gross floor area for non-residential uses must be provided for office uses, with the total gross floor area for non-residential uses on the lot not to exceed 5,000 square metres; and";

b.         Subsection 3.(H) of the draft by-law be amended to read as follows:

"(H)      Despite subsection (G) of this By-law, balconies, ornamental and architectural elements over the area of the 1.3 metre future stratified lane widening shall be permitted provided such balconies, ornamental and architectural elements are located a minimum of 10 metres above grade, where terms of maintenance, indemnification and insurance in respect of the balcony, ornamental and architectural element projections are to be secured in the Site Plan Agreement, including additional and/or modified conditions as the City Solicitor may deem necessary in the interests of the Corporation.";

c.         Subsection 3.(O) of the draft by-law be amended to read as follows:

"(O)     Parking spaces for residents must be provided and maintained on the lot in accordance with the following minimum standards:

(i)         0.3 parking spaces for each bachelor dwelling unit;

(ii)        0.5 parking spaces for each one bedroom dwelling unit;

(iii)       0.75 parking spaces for each two bedroom dwelling unit; and

(iv)       1.2 parking spaces for each three or more bedroom dwelling unit.

Despite the total number of resident parking spaces provided pursuant to the above-noted ratios, the total resident parking spaces may be reduced by a maximum of 38 parking spaces, and that a minimum of two car share spaces shall be included."; and

d.         Subsection 3.(W) of the draft by-law be amended by adding the following part iii:

"iii.       "Car share" means the practice where a number of people share the use of one or more cars that are owned by a profit or non-profit sharing organization and where such organization may require that use of cars be reserved in advance, charge fees based on time and/or kilometres driven, and set membership requirements of the car-sharing organization, including the payment of a membership fee that may or not be refundable."

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 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 owner shall provide community benefits having a total value of two million dollars ($2,000,000) recommended to be secured in the Section 37 Agreement are identified below, and indexed upwardly in accordance with the Statistics Canada Non-residential Construction Price Index for Toronto, calculated from the date of approval of the bills to the date the payment is made:

i.          prior to the issuance of the first above-grade building permit, a cash contribution of $200,000 towards the City's Capital Revolving Fund for Affordable Housing for the purpose of maintaining and constructing affordable rental housing units in Ward 20, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; and

ii.         prior to the issuance of the first above-grade building permit, a cash contribution of $1,300,000.00 towards community services and facilities and public realm improvements in Ward 20, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; and

iii.        prior to the issuance of the first above-grade building permit, a cash contribution of $500,000.00 towards improvements to the City-owned laneway to the south of the property, between Spadina Avenue and the east limit of the property at 393 King Street West, excluding the lane widening to be conveyed to the City, the design of such to be determined in conjunction with, and co-ordinated with, site plan approval of the development, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, and construction co-ordinated with the Construction Management Plan referred to in subsection 4.c.iv.

b.         In the event the cash contributions or portions thereof referred to in Part 4.a.i. and ii. above have not been used for the intended purposes within three (3) years or in the event the cash contribution or portions thereof referred to in Part 4.a.iii above has not been used for the intended purpose within five (5) years of this By-law coming into full force and effect, then, after the time lapse applicable to each such benefit has expired, the cash contributions or remaining portions thereof may be redirected for another purpose at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the local Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands.

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 submit a Pedestrian Wind Study, and implement the mitigation measures listed in the Study through the Site Plan Approval process to ensure wind velocity is within acceptable levels, to the satisfaction of the Chief Planner and Executive Director, City Planning.

ii.         The owner shall provide 10 percent family sized dwelling units in the development. A minimum of 8 percent of the units in the development shall be constructed as 3 bedroom units with a minimum unit area of 79 square metres, in compliance with the Ontario Building Code. A minimum of 2 percent of the units in the development may be constructed as 2 bedroom units that are convertible to 3 bedroom units through renovation or through knock out panels between units, in compliance with the Ontario Building Code.

iii.        The owner shall construct the streetscape fronting on Spadina Avenue, subject to any requirements imposed in the Site Plan Approval process, in accordance with the Streetscape Manual or to the satisfaction of the Chief Planner and Executive Director, City Planning.

iv.        Prior to the issuance of the first building permit, the owner shall submit a Construction Management Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor and thereafter in support of the development, shall implement the plan during the course of construction.  The Construction Management Plan will include, but not limited to, details regarding size and location of construction staging areas, dates and 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.

v.         Prior to Site Plan Approval on the lot, the owner shall convey land to the City for the purpose of widening public laneways, to the satisfaction of the General Manager, Transportation Services and the City Solicitor as follows:

i.          A strip of land approximately 1.17 metres in width and abutting the City owned laneway to the north shall be conveyed commencing a minimum of 1.2 metres below finished ground level.

ii.         A strip of land approximately 1.3 metres in width and abutting the City owned laneway to the south shall be conveyed commencing from a minimum of 1.2 metres below finished ground level to a minimum of 10 metres above finished ground level.

vi.        Prior to final approval of the Development Review Process (Site Plan), the Owner shall submit a revised Functional Servicing Report to address all servicing issues in respect of the Development to the satisfaction of the Executive Director, Engineering and Construction Services.

vii.       Prior to the final approval of the Development Review Process (Site Plan), the Owner shall enter into an agreement to pay for or construct, to the satisfaction of the Executive Director, Engineering and Construction Services, such improvements to the existing municipal infrastructure as are determined by the Executive Director, Engineering and Construction Services.

5.         City Council determine that the revisions made to the proposed zoning by-laws are minor in nature and, pursuant to subsection 34(17) of the Planning Act, no further public notice is required in respect of the proposed zoning by-laws.