Item - 2014.TE34.9

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

1.         City Council amend the Official Plan for the lands at 231-237 College Street, and 177-189 Huron Street substantially in accordance with the draft Official Plan Amendment attached as Attachment 10 to the report (July 10, 2014) from the Director, Community Planning, Toronto and East York District.

2.         City Council amend former City of Toronto Zoning By-law 438-86, as amended, for the lands at 231-237 College Street, and 177-189 Huron Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 11 to the report (July 10, 2014) from the Director, Community Planning, Toronto and East York District, with the following amendments:

a.         Replace Section 2(j) in Attachment 11: Draft Zoning By-law, with the following:

2(j)(i)   parking spaces for the residential uses shall be provided on the lot in accordance with the following standards:

Dwelling type                         Minimum number of parking spaces

required

Bachelor Unit                          0.3 spaces per unit

(up to 45 square metres)

Bachelor Unit                          1.0 space per unit

(greater than 45 square

metres)

1-bedroom Units                     0.5 spaces per unit

2-bedroom Units                     0.8 space per unit

3+ bedroom Units                   1.0 spaces per unit

Residential Visitors                 0.12 spaces per unit

(ii)         parking spaces for the non-residential uses shall be provided on the lot in accordance with the following standards:

Use                                          Minimum Parking Requirement

Retail Uses                              1.0 spaces per 100 square metres

of gross floor area

(iii)       Notwithstanding 2(j)(i) above, the total number of resident and resident visitor parking spaces required may be reduced by 45 parking spaces, provided that the remaining parking spaces include 4 car-share parking spaces.

(iv)       The parking spaces may be provided and maintained on the lot in a commercial parking garage.

b.         Adding the following definitions to Section 5 in Attachment 11: Draft Zoning By-law:

             "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 car-sharing car 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 may not be refundable.

"car-share parking space" means a parking space that is reserved and actively used for car sharing.

3.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and/or draft Zoning By-law Amendment as may be required.

4.         Before introducing the necessary Bills to City Council for enactment, City Council require the owner to incorporate elements of the north and west façades, as much as possible, of the existing building at 231-237 College Street into the design of the development, to the satisfaction of the Chief Planner and Executive Director, City Planning.

5.         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 and the City Solicitor, pursuant to Section 37 of the Planning Act, such agreement to be registered on title to secure the following facilities, services and matters as follows:

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

a.         a cash contribution in the amount of $500,000, payable to the City of Toronto prior to the issuance of any above grade building permits for the development of the lot, the amount to be used for:

i.          a cash contribution in the amount of $200,000 for capital improvements to Toronto Community Housing in Ward 20;

ii.         a cash contribution in the amount of $150,000 for streetscape improvements in the immediate area;

iii.        a cash contribution in the amount of $50,000 for improvement to the Huron Street Garden located at 180 Huron Street; and

iv.         a cash contribution in the amount of $100,000 for cycling infrastructure in the immediate area.

v.         the amounts indicated in Parts 5a. i. through iv. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto for the period from the date of the execution of the Section 37 Agreement to the date of payment; and

vi.        in the event the cash contributions referred to in Parts 5a. i. through 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, 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.

b.         The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:

i.          The provision and maintenance of not less than seventeen (17) new replacement rental dwelling units on the subject site as rental housing for a period of at least 20 years, comprised of 6 one-bedroom and 11 two bedroom units as shown on the plans submitted to the City Planning Division dated April 23, 2014 with any revisions to be to the satisfaction of the Chief Planner and Executive Director, City Planning, and of which two one-bedrooms shall have no rent stipulation, at least two (2) one bedroom and two (2) two bedroom  units shall have affordable rents and the remainder shall have no higher than mid-range rents.

ii.         The owner shall provide in the Tenant Relocation and Assistant plan a minimum of the following matters for all affected tenants, including: an extended notice period; financial assistance beyond the minimums of the Residential Tenancies Act; the right to return to a rental replacement unit for all of the tenants; a moving allowance and other financial assistance on a sliding scale geared to the length of occupancy of each tenant.   All of these matters must be to the satisfaction of the Chief Planner and Executive Director, City Planning.

iii.        Prior to Site Plan Approval, the owner will submit a Construction Management Plan including but not limited to details regarding size and location of construction staging areas, dates of 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 to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager of Transportation Services, and the Chief Building Official, in consultation with the Ward Councillor.

6.         City Council approve the application to demolish the 15 rental housing units located at 231-237 College Street, and 177-189 Huron Street pursuant to Municipal Code Chapters 667 and 363, subject to the following conditions under Chapter 667 which provide for the replacement of the rental housing units:

a.         the owner shall provide and maintain 17 residential rental dwelling units in the development for a period of 20 years, comprising 6 one-bedroom units and 11 two-bedroom units, of which two (2) one bedroom units shall have no rent stipulation, least two (2) one bedroom and two (2) two bedroom units shall have affordable rents and the remainder shall have no higher than mid-range rents;

b.         the owner provide tenant relocation assistance to the tenants in the existing rental units including the right to return to a rental replacement unit as provided for in the approved Tenant Relocation and Assistance Plan to the satisfaction of the Chief Planner and Executive Director, City Planning;

c.         that the Official Plan and Zoning By-law Amendments in Parts 1 and 2 above have come into full force and effect;

d.         the owner shall enter into and register on title one or more Section 111 Agreement(s) to secure the conditions outlined in (a) and (b) above and as described in the Draft Zoning By-law Amendment attached hereto (Attachment 11) to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; and

e.          the owner shall enter into and register on title, a Section 118 Restriction under the Land Titles Act (to the satisfaction of the City Solicitor) agreeing not to transfer or charge those parts of the lands, comprising the 15 replacement rental units, without the written consent of the Chief Planner and Executive Director, City Planning or her designate, to assist with securing the Section 111 Agreement against future owners and encumbrances of the lands until such time as the City Solicitor determines that its registration on title is no longer required to secure the provisions of the Section 111 Agreement.

7.         City Council authorize the Chief Planner and Executive Director, City Planning to issue a preliminary approval to the application under Municipal Code Chapter 667 pursuant to Section 111 of the City of Toronto Act after the satisfaction of the following conditions:

a.         that the Official Plan and Zoning By-law Amendments have come into full force and effect;

b.         the satisfaction of the conditions in Part 6 above; and

c.         Site Plan Approval for the proposed development is issued pursuant to Section 114 of the City of Toronto Act, 2006 and pursuant to the Zoning By-law Amendment.

8.         City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Section 111 permit under Municipal Code Chapter 667 after the Chief Planner and Executive Director, City Planning has given the preliminary approval in Part 7 above.

9.         City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a demolition permit under Section 33 of the Planning Act no earlier than the issuance of the first Building Permit for the foundation of the development, and after the Chief Planner and Executive Director, City Planning has given the preliminary approval in Part 7 above, which permit may be included in the demolition permit for Chapter 667 under 363-11.1E, of the Municipal Code, on condition that:

a.         the owner erect a residential building on site no later than two (2) years from the day demolition of the buildings is commenced; and

b.         should the owner fail to complete the new building within the time specified in Condition 9a, the City Clerk shall be entitled to enter on the collector’s roll, to be collected in a like manner as municipal taxes, the sum of twenty thousand dollars ($20,000.00) for each dwelling unit for which a demolition permit is issued, and that each sum shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.

10.       City Council authorize the appropriate City officials to take such actions as are necessary to implement Council's decision, including execution of the Section 111 Agreements.