Item - 2014.TE34.27

The Toronto and East York Community Council recommends that:

1.         City Council amend Zoning By-law 438-86, for the lands at 186 and 188 Jarvis Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 5 to report (July 14, 2014) from the Director, Community Planning, Toronto and East York District, with the following amendments:

i.          Amend the "THEREFORE" recital on page 1 of the draft by-law by deleting "Section 1" and replacing it with "Sections 1, 2 and 3".

ii.         Change the number "5.5" along the southern boundary of the lot shown on Map 2 of the draft by-law to the number "9.1".

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 identified below, and 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:

i.          Prior to the issuance of the first above-grade building permit, a cash contribution of $145,200 toward capital improvements for properties owned by Toronto Community Housing Corporation, to the satisfaction of  the Chief Executive Officer, Toronto Community Housing Corporation, in consultation with the Ward Councillor.

ii.         Prior to the issuance of the first above-grade building permit, a cash contribution of $250,000 toward offsite local City-owned laneway improvements to the satisfaction of the Chief Planner and Executive Director, City Planning Division, in consultation with the Ward Councillor.

iii.        Prior to the issuance of the first above-grade building permit, a cash contribution of $250,000 for local parklands and streetscape improvements to the satisfaction the Chief Planner and Executive Director, City Planning Division, in consultation with the Ward Councillor.

iv.        Prior to the issuance of the first above-grade building permit, a cash contribution of $806,800 toward the City's Capital Revolving Fund for Affordable Housing for the purpose of constructing new affordable rental housing units in Ward 27, and/or toward community/cultural/recreational space improvements in the local area to the satisfaction of the Chief Planner and Executive Director, City Planning Division, in consultation with the Ward Councillor.

b.         In the event the cash contributions referred to in Recommendation 3 a. i., ii., iii., and iv. above has 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 of 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.          Prior to the issuance of any building permit for the site, including shoring and excavation, the owner shall have obtained title to the lands shown on Attachment 5, Map 1 as “Lane to be Purchased by Applicant”.

ii.         Prior to the issuance of any building permit for the site, including shoring and excavation, the owner shall have conveyed at no cost to the City a stratified overland flow stormwater easement, satisfactory to the Executive Director of Engineering and Construction Services in consultation with the City Solicitor, such easement to be in the location shown as "Proposed Easement Below" on Attachment 1, to be in compliance with the accepted design drawings in paragraph (iii) below and to include terms whereby the owner shall be responsible for maintenance of the overland flow corridor and shall insure and indemnify the City.

iii.        Prior to the issuance of any building permit for the site, including shoring and excavation, the owner shall have submitted detailed design drawings showing the overland flow route corridor and patterns from the public east-west laneway to the overland flow route corridor to the satisfaction of the City’s Executive Director of Engineering and Construction Services.

iv.        Submission of a Construction Management Plan to the satisfaction of the Executive Director of Engineering and Construction Services prior to the issuance of any building permits for the site, including shoring and excavation.

v.         The Owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council at its meeting held on October 26 and 27, 2009 through the adoption of Item PG32.3 of the Planning and Growth Committee.

4.         City Council direct that a working group be formed by the Director of Community Planning, Toronto East York District, in consultation with the local Councillor, comprised of the applicant, the Garden District Residents Association and its membership, adjacent property owners, and other appropriate staff, including Transportation Services, to review the site plan application and construction management plan, once they are submitted.