Item - 2014.TE34.20

The Toronto and East York Community Council recommends that:

1.         City Council amend Zoning By-law 438-86, for the lands at 183-195 Roehampton Avenue and 139-145 Redpath Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 10 to the report (July 14, 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.

3.         Before introducing the necessary Bills to City Council for enactment, City Council require the Owner to enter into an Agreement to the satisfaction of the Chief Planner and Executive Director, City Planning Division and the City Solicitor pursuant to Section 37 of the Planning Act, such agreement to be registered on title to the lands to secure the facilities, services and matters as follows:

a.         The community benefits to be provided and secured at the owner's sole expense in the Section 37 Agreement are in a form satisfactory to the City with conditions providing for no credit for development charges, indexing escalation of both the financial contributions and letters of credit, indemnity, insurance, GST, termination and unwinding and registration and priority of the agreement, as follows:

i.          contributions in the amount of $1,400,000.00 payable prior to the first above-grade building permit to be applied as directed by the Chief Planner and Executive Director, City Planning Division in consultation with the Ward Councillor, in accordance with the following or towards other local area park or streetscape improvements to the satisfaction of the Chief Planner and Executive Director, City Planning:

1.         $700,000.00 to be used for improvements to Redpath Avenue Parkette and/or other local parks or for the acquisition, design and construction of new parkland to be added to Redpath Avenue Parkette or the development of other parks within the area; and

2.         $700,000.00 for public art to be designed and constructed on the site at 183-195 Roehampton Avenue and 139-145 Redpath Avenue in accordance with the 'Percent for Public Art Program and Guidelines.'

Such total amount is 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 of payment.

Notwithstanding the foregoing, the owner and the City may modify or amend the said agreement(s), from time to time and upon the consent of the City and the owner, without further amendment to those provisions of this zoning by-law which identify the facilities, services and matters to be secured.

4.         City Council require the owner to enter into a financially secured right-of-way permit with the City, for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the Site Servicing Review and Traffic Impact Study accepted by the Executive Director of Engineering and Construction Services.

5.         City Council require that the tree replacement requirement for the significant canopy grouping of Norway Maples is to be a ratio of 6:1 (78) 70 mm caliper trees to be planted to the satisfaction of the General Manager of Parks, Forestry and Recreation.

6.         City Council approve the application to demolish the 5 existing rental units located at 143 Redpath Avenue and 183, 185, 189 and 195 Roehampton Avenue pursuant to Municipal Code Chapters 667 and 363.

7.         City Council authorize the Chief Planner and Executive Director, City Planning Division to issue a preliminary approval to the application under Municipal Code Chapter 667 for the existing residential rental units after the latest of the following has occurred:

a.         the zoning by-law amendment in Recommendation 1. has come into full force and effect; or

b.         the issuance of the Notice of Approval Conditions for site plan approval for the development by the Chief Planner and Executive Director, City Planning Division or her designate, pursuant to Section 114 of the City of Toronto Act, 2006.

8.         City Council authorize the Chief Building Official to issue a Section 111 permit under Municipal Code Chapter 667 after the Chief Planner and Executive Director, City Planning Division, has given the preliminary approval in Recommendation 7. for the existing rental housing buildings.

9.         City Council authorize the Chief Building Official to issue a permit under Section 33 of the Planning Act for the 5 residential rental buildings and the remaining 6 residential buildings no earlier than the issuance of a building permit for the shoring and excavation for the development on the lands, and after the Chief Planner and Executive Director, City Planning Division has given the preliminary approval in Recommendation No. 5 which permit may be included in the demolition permit for Chapter 667 under 363-11.1E, of the Municipal Code.