Item - 2014.TE34.31

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

1.         City Council amend former City of Toronto Zoning By-law No. 438-86, as amended, for the lands at 5 to 25 Wellesley Street West and 14 to 26 Breadalbane Street, and lands on the east side of St. Luke Lane, substantially in accordance with the draft Zoning By-law Amendment, attached as Attachment 8 to the report (July 23, 2014) from the Director, Community Planning, Toronto and East York District, with the following amendment:

a.         deleting Section 5(l)(iii) and by amending Section 5(m) of the draft by-law to reflect parking space dimensions of 2.6 metres by 5.2 metres accessed from 7.0 metre wide drive aisles in order to meet Toronto Parking Authority requirements and the lands identified as Areas "A" and "B" shall be used for no purpose other than public parks and recreation.

2.         City Council amend City of Toronto Zoning By-law No. 569-2013 for the lands on the east side of St. Luke Lane, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 9 to the report (July 23, 2014) from the Director, Community Planning, Toronto and East York District.

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 one or more Agreement(s) pursuant to Section 37 of the Planning Act to secure the following at the owner’s sole expense all to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with appropriate civic officials and the Ward Councillor:

i.          Enter into an agreement at the expense of the Owner to secure the following as Section 37 facilities, services and matters:

a.         The provision of a $1,000,000.00 contribution by the Owner at the time of first above grade building permit, indexed, toward public art in accordance with the Public Art Program to be used on the site or in the adjacent parkland, in full replacement of the owner’s public art obligations for Phases V and VI of the 1999 Section 37 Agreement.

b.         Prior to the issuance of the first building permit, including shoring and excavation, the owner shall enter into an Agreement of Purchase and Sale, to be assigned to any successor in title, whereby it shall prior to the earlier of the completion of Base Park Improvements and December 31, 2050, convey to the City to the satisfaction of the City Solicitor a stratified parcel for park purposes consisting of lands of approximately 2,040 sq.m. to be purchased by the City.

c.         The Owner shall agree that:

i.          the Owner shall ensure that prior to the earlier of: first residential occupancy; first residential condominium registration; or a later date to the satisfaction of the General Manager Parks, Forestry and Recreation, the Owner of the site at their cost, shall convey to the City to the satisfaction of the City Solicitor a stratified parcel for park purposes consisting of lands of approximately 4,074 sq.m. to be conveyed at no cost (which include lands currently held in escrow from the 1999 Section 37 Agreement for the block; lands the City is receiving in exchange for lands the City is giving up to facilitate the new driveway configuration; the present Section 37 contribution for 5 to 25 Wellesley Street West and 14 to 26 Breadalbane Street lands; and the lands to be dedicated for parkland purposes from 5 to 25 Wellesley Street West and 14 to 26 Breadalbane Street, and the lands at 501-521 Yonge Street and 6-8 Alexander Street and 23 Maitland Street and the lands at 957-971 Bay Street and 36 Wellesley Street West, together with lands which also allow the owner of the site at 501-521 Yonge Street and 6-8 Alexander Street and 23 Maitland Street to satisfy its obligation to pay $500,000.00 towards parkland acquisition and for park improvements in the area).  The owner acknowledges that, if the conveyance otherwise required to be dedicated to the City in connection with the development of the building at 5 to 25 Wellesley Street West and 14 to 26 Breadalbane Street pursuant to Section 42 of the Planning Act has not occurred prior to issuance of the first above grade building permit, the owner shall be required to post a Letter of Credit as security for same.

ii.         provided that in the event the owner does not obtain the consent and agreement of the owners of the lands to the west to the proposed driveway modification and associated land exchanges, the Owner shall not be required to convey, or arrange for the conveyance, of such lands as require that consent and agreement.

iii.        the above conveyances to the City shall be subject to a 15 metre limiting distance restriction from the face of the proposed building, without compensation to the City.

iv.        in the event the City obtains title to any such lands prior to the completion of the construction of the building, the City shall permit the owner to occupy the lands for construction and staging purposes at no cost, subject to the standard park occupancy permit.

d.         The above conveyances shall be subject to the following:

i.          prior to issuance of the first above grade building permit, the owner shall submit an initial design and cost estimate for the Above Base Park Improvements to the General Manager, Parks, Forestry and Recreation.  Following submission of said design and cost estimate the Owner shall enter into a park design consultation process to finalize the design for approval by the General Manager, Parks, Forestry and Recreation.  The final design shall be approved by the General Manager, Parks, Forestry and Recreation, within 8 months following issuance of the first above grade building permit.

ii.         provided the Acting General Manager, Parks, Forestry and Recreation has approved the final design and cost estimate at least 12 months earlier, the owner shall construct the Above Base Park Improvements at its expense in accordance with the approved plans and specifications to the satisfaction of the Acting General Manager, Parks, Forestry and Recreation prior to the earlier of first residential occupancy and residential condominium registration or at a later date as may be approved by the Acting General Manager, Parks, Forestry and Recreation.

iii.        prior to commencing construction of the above base park improvements, the Owner shall post an irrevocable Letter of Credit in the amount of 100 percent  of the value of the approved estimate of the Above Base Park Improvements to the satisfaction of the Acting General Manager, Parks, Forestry and Recreation, with the understanding that the cost shall not exceed the Parks and Recreation component of Development Charges payable for the site at 5-25 Wellesley Street West and 14-26 Breadalbane Street, the site at 951-971 Bay Street and 36 Wellesley Street West, and the site at 501-521 Yonge Street and 6-8 Alexander Street and 23 Maitland Street. (Upon posting such letters of credit, any Letters of Credit previously posted to secure the payment of the park component of Development Charges for above sites shall be returned.).

iv.        all conveyances to the City, including easements. (except for the lands to be purchased) shall be for nominal consideration at the owner’s expense and at no cost to the City on terms and conditions as set out in the Section 37 Agreement, including provision for: deposit of reference plans: environmental obligations including peer review; as well as insurance and indemnification, with such conveyances to be free and clear of encumbrances (with support easement for any component above the underground parking garage) to the satisfaction of the Acting General Manager, Parks, Forestry and Recreation.

v.         if the consent of the abutting properties to the west of the site is obtained, the owner shall agree to such land exchange as is required by the Chief Planner and Executive Director, City Planning to permit the revised driveway and loading lane and the Owner shall pay the costs of reconstructing the driveway.

vi.        the owner shall agree to such modifications to the existing 1999 Section 37 Agreement as are determined to be appropriate by the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, to permit the development of the its lands to proceed in accordance with the new zoning by-law.

ii.         The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience prior to the issuance of site plan approval to support development all to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the appropriate civic officials and the Ward Councillor:

a.         the wind mitigation measures listed in the submitted Wind Study shall be implemented to ensure that the wind effects are acceptable.

b.         at least 10 percent of all total dwelling units erected or used on the lot shall have two or more bedrooms and at least 7 percent of the units shall have at least three or more bedrooms with a minimum size of 80 sq.m. per three bedroom unit in compliance with the provisions of the Ontario Building Code.

c.         require the Owner to address the comments from Engineering and Construction in their memo dated June 3, 2014 to the satisfaction of the Executive Director, Engineering and Construction Services in consultation with appropriate civic officials.

d.         require the Owner to pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report as accepted by the Executive Director, Engineering and Construction Services, should it be determined that improvements to infrastructure are required to support the development.

e.         require the Owner to design and construct upgraded streetscape for Wellesley Street West along the frontage of the site, including the residential and park portion of the site, to include, upgraded pavement treatment and landscaping to be secured through the site plan process.

f.          require the Owner to design and construct an upgraded streetscape for St. Luke Lane from Wellesley Street West to Breadalbane Street including along the frontage of the site providing a pedestrian walkway, upgraded pavement treatment and landscaping to be secured through the site plan process.

g.         require the Owner to provide all ramp slopes in accordance with By-law 438-86 and provide the transition areas at the top and bottom of the ramps leading to the individual parking levels with maximum slope of 7.5 percent over a minimum distance of 3 metres and where a ramp begins at or near a property line, it must have a maximum slope of 5 percent over a minimum distance of 6 metres.

h.         require the Owner to convey to the City, at nominal cost, a 3 metre wide strip along Wellesley Street West and a stratified widening along the public lane abutting the site (St. Luke Lane) ranging from 1.5 to .9 metres in width such lands to be free and clear of all physical and title encumbrances, and subject to a right-of-way for access in favour of the Owner until such time as said lands have been laid out and dedicated for public highway purposes. all to the satisfaction to the Executive Director, Engineering and Construction Services in consultation with the City Solicitor.

i.          prior to the occupancy of the building, the Owner shall convey to the City an easement(s) for 24-hour public access to the pedestrian area over the setback area along the St. Luke Lane frontage, (the “City Easements”), for nominal consideration and to the satisfaction of the City Solicitor, and shall maintain this area free and clear of encumbrances for pedestrian use, in perpetuity, and shall pay all costs associated with the preparation and registration of all necessary documents and plans, to the satisfaction of the Chief Planner and Executive Director, City Planning.

j.          as a condition of site plan approval and prior to the issuance of any permits require a detailed construction management plan for the site.

5.         City Council direct the Chief Planner and Executive Director, City Planning to revise the Official Plan through the five year Official Plan review process to designate the additional parkland being provided on this site as “Parks”.

6.         City Council require the owner to agree to withdraw their appeal to the Ontario Municipal Board of Official Plan Amendment 183, the North Downtown Area Specific Policy 382 once the bills for the Zoning By-law Amendment for the lands at 5 to 25 Wellesley Street West and 14 to 26 Breadalbane Street are in full force and effect.

7.         City Council authorize credits against the Parks and Recreation component of the Development Charges payable for the design and construction of the above-base park improvements to be installed by the Owner; the credits shall be allowed against the Charges payable for the site at 5-25 Wellesley Street West and 14-26 Breadalbane Street, the site at 951-971 Bay Street and 36 Wellesley Street West. and the site at 501-521 Yonge Street and 6-8 Alexander Street and 23 Maitland Street, as allocated and approved by the Acting General Manager, Parks, Forestry and Recreation, in an amount that is the lesser of the cost to the Owner of installing the above-base park improvements as approved by the Acting General Manager, Parks, Forestry and Recreation, or the Parks and Recreation component of Development Charges payable for these three developments.

8.         City Council require that the associated Section 37 Agreement contain provisions which allow the subject site at 5-25 Wellesley Street West and 14-26 Breadalbane Street, the offsite lands at 951-971 Bay Street and 36 Wellesley, and the off-site lands at 501-521 Yonge Street and 6-8 Alexander Street and 23 Maitland Street to satisfy their respective Section 42 Park Land conveyance requirements by the parkland conveyances to be secured in respect of the development of the site at 5-25 Wellesley Street West and 14-26 Breadalbane Street; and which also allow the owner of the site at 501-521 Yonge Street and 6-8 Alexander Street and 23 Maitland Street to satisfy its obligation to pay $500,000.00 towards parkland acquisition and/or park improvements in the area as permitted by paragraph 2a of By-law No. 139-2014 and paragraph 2.3 of the associated Section 37 Agreement; and which also satisfy the obligations of the Owner with respect to the Phase VI Park Lands conveyances under the 1999 Section 37 Agreement and its obligations under Section 11.41 of the 1999 Section 37 Agreement.

9.         City Council direct that the approvals for Zoning By-law Amendment 13 138607 STE 27 OZ for 5 to 25 Wellesley Street West and 14 to 26 Breadalbane Street be contingent on City Council approval of the report from Acting General Manager, Parks, Forestry and Recreation, to the August 20, 2014 meeting of Executive Committee, Adjustments to the 2014-2023 Parks, Forestry and Recreation Capital Budget and Plan to find the Acquisition of a portion of the parkland at 5 to 25 Wellesley Street West  and 14 to 26 Breadalbane Street.

10.       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, composed of the applicant, the Bay Cloverhill Community Association and its membership, adjacent property owners, City Planning and other appropriate staff, including Transportation Services, to review the site plan application and construction management plan, once they are submitted.