Item - 2015.TE12.2

City Council on December 9 and 10, 2015, adopted the following:

1.  City Council amend Zoning By-law 438-86, for the lands at 299 Campbell Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 1 to the supplementary report (November 5, 2015) 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 to secure the following:

a.  The Chief Planner and Executive Director, City Planning, in consultation with the City Solicitor, the City Librarian and the Ward Councillor, may elect one of the following options as a community benefit:

i.  Option 1:  The Owner shall convey, freehold, 930 m² of usable shell space and one parking space in the proposed development, as substantially outlined in Appendix 2 of Attachment 1 to the supplementary report (November 5, 2015) from the Director, Community Planning, Toronto and East York District, to the City for a cost of $1.1 million, to be used by Toronto Public Library Board as a neighbourhood branch.  The conveyance shall take place as soon as practicable with the Owner, the City, and the Toronto Public Library Board working co-operatively with one another to support the Toronto Public Library Board’s goal to open the new neighbourhood branch in the proposed development at the earliest opportunity.

Further, the Owner agrees to construct the 930 m² of shell space to the level of finish described in Appendix 2 concurrently with the lobby, retail space, units and common elements on the ground floor of the proposed development.

In any event the conveyance must occur no later than the earlier of: the availability of 50 percent of the residential units for occupancy, condominium registration or four years from the date of the issuance of the first building permit.

Appendix 2 is subject to revisions provided the revisions are satisfactory to the Chief Corporate Officer in consultation with the City Librarian; or

ii.  Option 2:  The Owner shall convey freehold 930 m² of shell space in the proposed development to the City for use as an alternative community facility, operated or directly funded by a government agency or non-profit institution for the purpose of providing arts and cultural programs, on terms to be negotiated at a future date, prior to the earlier of condominium registration or four years from the date of the issuance of the first building permit; or

iii.  Option 3:  Prior to the issuance of the first above grade building permit, the Owner shall make a cash contribution to the City in the amount of $1,500,000 which shall be used for:

a.  local library improvements; or

b.  an alternative local library branch location.

b.  The cash amount referred to in Part 3.a.iii. above shall be indexed upwardly in accordance with the Non-Residential Construction Price Index for the Toronto CMA, reported quarterly by Statistics Canada in Construction Price Statistics Publication No. 62-007-XPB, or its successor, calculated from the date of the execution of the Section 37 Agreement to the date of submission of the funds by the Owner to the City.

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

i.  the Owner will provide and maintain appropriate easements over private property in favour of 1453 Dupont Street for delivery truck access purposes;

ii.  the Owner will provide for any improvements to the municipal infrastructure in connection with the Functional Servicing and Stormwater Management report, should it be determined that upgrades to infrastructure are required to support the development;

iii.  the Owner will acquire the existing public lane along the north limit of the proposed development as part of a land exchange with the City and make satisfactory arrangements with the Executive Director, Engineering and Construction Services to environmentally remediate, construct and convey to the City a new public lane on the south side of the site.  The new public lane must be constructed to meet all City Standards and include appropriate municipal servicing for 299 Campbell Avenue (and the adjacent property at 1453 Dupont Street and other potentially affected properties) at no cost to the City and before the existing public lane is closed and conveyed by the City;

In conjunction with the acquisition of the existing public lane, the Owner agrees to purchase the approximately 0.5 m strip of City land which adjoins, to the north, the existing public lane for fair market value which in April, 2015 was $64,000.00;

iv.  prior to the City closing and conveying to the Owner the existing public lane along the north limit of the proposed development, the Owner will provide the necessary easements to ensure the functionality of the fire route over the public lane as generally shown on Drawing SK-A dated February 27, 2015 prepared by Teeple Architects, to the satisfaction of the Fire Chief and General Manager, Fire Services and the Chief Planner and Executive Director, City Planning;

v.  prior to the City closing and conveying to the Owner the existing public lane along the north limit of the proposed development, the Owner will construct the new public lane, and portions of the site subject to the easements necessary for the functionality of the fire route, to the standard of a fire route as generally shown on Site Plan A1.01 dated May 8, 2015 prepared by Teeple Architects, to the satisfaction of the Fire Chief and General Manager, Fire Services and the Chief Planner and Executive Director, City Planning;

vi.  prior to the City closing and conveying to the Owner the existing public lane along the north limit of the proposed development, the Owner will agree to maintain the public lane and associated land required to ensure functionality of the fire route to the standards of a fire route, and will enter into an agreement, if necessary, with the City to secure these obligations, to the satisfaction of the Fire Chief and General Manager, Fire Services and the Chief Planner and Executive Director, City Planning; and

vii.  the Owner will implement the recommendations of the Environmental Noise and Vibration Feasibility Assessment dated August 16, 2012, prepared by Novus Environmental, to the satisfaction of the Chief Planner and Executive Director, City Planning.

4.  If Option 1 in Part 3.a.i. above is elected, City Council authorize the acquisition of the 930 m² shell space by the City from the Owner at a cost of up to $1.1 million for use by the Toronto Public Library Board as a new neighbourhood library branch financed using uncommitted funds from the Land Acquisition Reserve Fund XR1012 with the proceeds of the future sale of the current neighbourhood library branch site at 1589 Dupont Street (Perth/Dupont branch) to be deposited to the Land Acquisition Reserve Fund.

5.  Prior to electing Option 2 in Part 3.a.ii above, City Council request the Chief Planner and Executive Director, City Planning, in consultation with the City Solicitor, to report directly to City Council on the financial impact, if any, to the City of electing Option 2.

6.  City Council authorize any necessary agreements, including but not limited to an agreement of purchase and sale for the shell space in Option 1 in Part 3.a.i above and a shared facilities agreement for the future maintenance of the shell space, with provisions acceptable to the Chief Corporate Officer and in a form satisfactory to the City Solicitor prior to the issuance of an above-grade building permit for the proposed development.