Item - 2015.CC2.6

City Council on December 11, 2014, adopted the following:

1.         City Council receive the Final Report (Item PG 34.3), dated May 28, 2014 and the Supplementary Report (Item PG 34.3a), dated June 16, 2014, from the Chief Planner and Executive Director, City Planning, for information.

2.         City Council amend the City of Toronto Official Plan substantially in accordance with the draft Official Plan Amendment No 283 for the lands at 30 Ordnance Street attached as Attachment 1 to the report (December 4, 2014) from the Chief Planner and Executive Director, City Planning.

3.         City Council amend former City of Toronto Zoning By-law 159-2012, being a By-law to amend Zoning By-law 438-86, as amended, for the lands at 30 Ordnance Street, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 2 to the report (December 4, 2014) from the Chief Planner and Executive Director, City Planning.

4.         Before introducing the Bills contemplated in Parts 2 and 3 above to Council for enactment, City Council require that the adjustment of the proposed boundary between 30 Ordnance Street and the future park has been accepted in accordance with the Park Reconveyance Agreement dated April 16, 2012 between the City of Toronto and Build Toronto Inc. to the satisfaction of the General Manager, Parks, Forestry and Recreation, and the Chief Corporate Officer.

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

6.         Before introducing the necessary Bills contemplated in Parts 2 and 3 above to City Council for enactment, City Council require the owner(s) to enter into appropriate Agreement(s) pursuant to Section 37 of the Planning Act satisfactory to the City Solicitor to secure the following, at the owner's expense, in connection with  30 Ordnance Street also referred to as Block 2:

              i         prior to issuance of any building permit, including permits for excavation and shoring, for the first building or structure on the lands, the owner shall submit a Construction Management Plan, for each phase, to the satisfaction of the Chief Planner and Executive Director, City Planning, and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor, and thereafter, shall implement the plan during the course of construction, with details to be included in the Section 37 Agreement;

ii.         prior to issuance of any building permit for the first building or structure within the lands, excluding issuance of permits for shoring and excavation within that portion of the lands identified on Map 1 forming part of By-law 159-2012 as adopted by City Council on February 6 and 7, 2012, the owner shall obtain all necessary approvals and ensure that arrangements are in place to provide for temporary relocation of existing access routes and access easements in favour of Metrolinx within the easterly limit of the lands (formerly part of 10 Ordnance Street) to an alternative location through 10 Ordnance Street, providing access to the Metrolinx infrastructure at the "tip lands' to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the General Manger, Parks Forestry and Recreation and the Chief Corporate Officer;

iii.        prior to issuance of any building permit for the first building or structure within the lands, excluding issuance of permits for shoring and excavation within that portion of the lands identified on Map 1 forming part of By-law 159-2012 as adopted by City Council on February 6 and 7, 2012, the owner shall have acquired all of the additional land comprising the lands subject to the Zoning By-law Amendment for 30 Ordnance Street confirmed by written notice to the City Solicitor and the agreements securing the provision of the facilities, services and matters relating to the increase in height and density on the lands as contemplated by the Zoning By-law Amendment shall have been registered on title to all of the lands to the satisfaction of the City Solicitor;

iv.        prior to issuance of an above grade building permit for the first building on the lands, the owner shall make a cash contribution to the City in the amount of $100,000.00 to be allocated toward the costs associated with the Fort York Pedestrian and Cycle Bridge and/or improvements to the area park space at the discretion of the Ward Councillor, as required pursuant to the decision of the Ontario Municipal Board issued September 9, 2013 (OMB File PL130565) in connection with minor variance application A0915/12TEY. Such amount to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto for the period from the date of the Ontario Municipal Board Decision to the date of submission of the funds by the owner to the City;

v.         prior to the registration of the first plan of condominium for a building on the lands, the owner shall provide and shall thereafter maintain, at no cost to the City, a minimum of 70 additional bicycle parking spaces on the lands in excess of the minimum zoning requirements applicable to the lands. The type and location of the additional bicycle parking spaces will be determined in the context of site plan control applications for the lands and the additional spaces will be provided in accordance with the dimensional requirements of a bicycle parking space-occupant or bicycle parking space-visitor, as the case may be, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and

vi.        prior to the issuance of the first above grade permit for a building on the lands, the owner shall, to the satisfaction of the Chief Planner and Executive Director, City Planning, provide at no cost to the City a bike share station to be located in the vicinity of the lands which will be owned by a profit or non-profit bike sharing organization and comprises a minimum of ten (10) bike share spaces, or, at the option of the owner, submit payment for the cost of provision of the same in lieu thereof.

7.         City Council authorize the appropriate City officials to take such actions as are necessary to implement Council's decision, including execution of necessary Section 37 Agreement.

8          City Council authorize cash-in-lieu funds generated through the Alternative Rate Parkland Dedication By-law in connection with 30 Ordnance Street that are above the first 5 percent, to be directed for use to construct the Above Base Park Improvements to the future park within 10 Ordnance Street, the South Stanley Park extension, and/or Fort York National Historic Site, to the satisfaction of the General Manager, Parks Forestry and Recreation, in consultation with the Manager, Fort York National Historic Site, and the Ward Councillor.

9.         City Council determine that pursuant to Section 34(17) of the Planning Act, as amended, no further notice is required in respect of the proposed Zoning By-law Amendment for 30 Ordnance Street.

10.       City Council authorize an amendment to the terms of the Park Reconveyance Agreement between the City and Build Toronto Inc. dated April 16, 2012, and any related agreements or easements, substantially on the terms outlined in the Attachment 4 to the report (December 4, 2014) from the Chief Planner and Executive Director, City Planning, and on such other or amended terms and conditions as are acceptable to the Chief Corporate Officer and General Manager of Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor.

11.       City Council authorize that the funds generated through the amendment to the Park Reconveyance Agreement, as described in Part a) of Attachment 3 to the report (December 4, 2014) from the Chief Planner and Executive Director, City Planning, be directed for use to construct the Above Base Park Improvements to the future park within 10 Ordnance Street.

12.       City Council authorize the Chief Corporate Officer and the Director, Real Estate to execute the transaction documents required to implement Part 10 above, regarding the Park Reconveyance Agreement on behalf of the City, including the execution of any required consents, approvals or permissions.

13.       City Council request the Chief Planner and Executive Director, City Planning to report to the April 13, 2014 meeting of the Planning and Growth Management Committee on the proposed Zoning By-law amendment application at 10, 11, and 25 Ordnance Street and 45 Strachan Avenue.