Item - 2014.TE34.22

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

1.         City Council amend Zoning By-law 438-86, as amended, for the lands at 50 Bloor Street West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 8 to the report (July 24, 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 pursuant to Section 37 of the Planning Act as follows:

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

i.          An indexed contribution of $6,000,000 to be paid or secured at the times noted in each of the sections below in the Section 37 Agreement.  The total amounts are 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 and is detailed as follows:

1.         An indexed cash contribution of $900,000 towards Yorkville Avenue streetscape improvements, to be paid in accordance with the following schedule:

a.         $312,500 to be paid the later of 30 days from the site specific zoning by-law coming into full force and effect, or January 15, 2015;

b.         $312,500 to be paid the earlier of the third anniversary of the date on which the site specific zoning by-law comes into full force and effect, or immediately preceding the issuance of the first building permit; and

c.         $275,000 to be paid prior to the issuance of the first building permit.

2.         An indexed cash contribution of $525,000, to be paid prior to the issuance of the first building permit, towards capital improvements to Toronto Community Housing in Ward 27, in consultation with the Ward Councillor.

3.         An indexed cash contribution of $3,825,000, to be paid prior to the issuance of the first building permit, towards streetscape and park improvements in the local area, in consultation with the Ward Councillor and the Chief Planner and Executive Director, City Planning.

4.         $750,000 towards public art on site, in accordance with the City of Toronto Public Art Program.

5.         In the event the cash contributions referred to above have not been used for the intended purpose within three (3) years of this By-law coming into full force and effect, the cash contribution 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.

ii.         The conveyance of a community services and facilities space which may include a non-profit childcare at not less than 418 square metres of indoor space plus an additional 232.5 square metres of outdoor space or a community or cultural space at not less than 465 square metres on top of the base building. The community services and facilities space must be provided for substantially in accordance with the draft term sheets attached as Attachments 9 and 10 to the report (July 24, 2014) from the Director, Community Planning, Toronto and East York District.  The conveyance is to occur within 30 days of the registration of any condominium on the site, or in the event that no condominium is registered on the site, before such time that any residential unit is occupied.

iii.        A 3.90-metre wide pedestrian easement is to be provided for a publicly accessible north-south pedestrian mid-block connection adjacent to Mayfair Mews to be approved by the Chief Planner and Executive Director, City Planning. The granting of the easement is to occur before such time that ay residential unit is occupied;

iv.        The owner will use its reasonable commercial efforts to provide a north-south pedestrian connection from Bloor Street to the north boundary of the department store (currently tenanted by Holt Renfrew) to a well designed entrance/exit at Mayfair Mews during hours that are acceptable to the tenant and the Chief Planner and Executive Director, City Planning. The owner is required to provide the pedestrian connection within one year of a connecting north-south open space being provided by the owners to the north of Mayfair Mews; and

 v.        An easement is to be provided for public use of a 2,455 square metre publicly accessible open space on the roof of the base building with public access from the ground floor and the concourse level, with appropriate signage in accordance with the Privately Owned Publicly-Accessible Space Guidelines. The granting of the easement is to occur before such time that any residential unit is occupied.

4.         City Council direct that a working group be formed by the Director, Community Planning, Toronto and East York District, in consultation with the local Councillor, comprised of the applicant and its tenant Holt Renfrew, the Greater Yorkville Residents Association and the ABC Residents Association and their memberships, the Bloor Yorkville Business Improvement Area, the Yonge-Bay-Bloor Business Association, adjacent property owners, and other appropriate staff, including Transportation Services, to review the site plan and construction management plan in co-ordination with applications in the Yorkville-East of Bay area, by the end of the first quarter of 2015.