Item - 2015.TE7.11

City Council on July 7, 8 and 9, 2015, adopted the following:

1.  City Council amend Zoning By-law 438-86 and, as applicable, site specific zoning By-law 927-2002 for the lands at 424-460 Adelaide Street East substantially in accordance with the draft Zoning By-law Amendment, attached as Attachment 10 to the report (May 29, 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 facilities, services and matters:

a.  prior to the issuance of the first above-grade building permit, the owner shall pay to the City the sum of $950,000 to be allocated as follows:

i.  $500,000 towards the redevelopment of the site of Canada's First Parliament Buildings, municipally known as 25 Berkeley Street and 265 and 271 Front Street East, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

ii.  $300,000 towards local streetscape and/or parkland improvements at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

iii.  $100,000 towards the implementation of the Heritage Interpretation Master Plan for Old Town Toronto and/or the Heritage Lighting Master Plan for Old Town Toronto, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; and

iv.  $50,000 towards the redevelopment of the North St. Lawrence Market, at the discretion of the Chief Planner and Executive Director, City Planning and the Director, Facilities Design and Construction Facilities Management, in consultation with the Ward Councillor;

b.  the payment amounts identified in Part 3.a. above shall be indexed upwardly in accordance with the Non-Residential Construction Price Index for Toronto, calculated from the date of execution of the Section 37 Agreement to the date of payment;

c.  in the event the cash contributions referred to in Part 3.a. 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 Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands;

d.  the Owner shall provide and maintain to the satisfaction of the Chief Planner and Executive Director, City Planning, an accessible public pedestrian walkway on the west portion of the subject property which shall have a minimum width of 1.5 metres and a minimum height of 4.5 metres and shall provide a direct at-grade connection between Adelaide Street East and the Public Laneway adjacent to the north property line of the subject site generally within the area identified as "Privately Owned Publicly Accessible Walkway at Ground Level" on Map 2 of the Zoning By-law amendment, with the specific location, configuration and design to be determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, as amended and, as applicable, Section 41 of the Planning Act, as amended, and secured in a Site Plan Agreement with the City;

e.  the Owner shall provide and maintain to the satisfaction of the Chief Planner and Executive Director, City Planning, a publicly accessible pedestrian clearway across private property on those portions of Adelaide Street East abutting the subject property that do not contain adequate sidewalk widths to accommodate pedestrian activity and/or street trees, generally within the area identified as "Pedestrian Walkway Easement for Public Access" as shown on Map 2 of the Zoning By-law amendment, with the specific location, configuration and design to be determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, as amended and, as applicable, Section 41 of the Planning Act, as amended, and secured in a Site Plan Agreement with the City;

f.  the Owner shall provide and maintain to the satisfaction of the Chief Planner and Executive Director, City Planning, a privately owned publicly accessible (POPS) courtyard area as generally identified as "Privately Owned Publicly Accessible Space at Ground Level" on Map 2 of the Zoning By-law amendment, with the specific location, configuration and design to be determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, as amended and, as applicable, Section 41 of the Planning Act, as amended, and secured in a Site Plan Agreement with the City;

g.  prior to registration of the first condominium on the lands, the Owner shall have completed construction of the publicly accessible walkway, clearway and courtyard  referred to in Part 3.d., e. and f. above and shall convey public access easements to the City for nominal consideration, at no cost to the City and free and clear of encumbrances to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, including rights of support as applicable, on such terms and conditions as set out in the section 37 agreement, including provision for deposit of reference plans, environmental obligations as well as insurance and indemnification associated with public access easements; and

h.  in support of development, the Owner shall pay for and construct any improvements to the existing municipal infrastructure determined to be necessary as set out in a Functional Servicing Report accepted by the Executive Director, Engineering and Construction Services.

4.  Before introducing the necessary Bills to City Council for enactment, City Council require the applicant to clearly identify the impact of the new development on the existing municipal sewer infrastructure and determine if upgrades are required to be secured through the Site Plan Approval, to the satisfaction of the Executive Director, Engineering and Construction Services.

5.  City Council authorize the appropriate City Officials to take such actions as are necessary to implement Council's decision, including the implementation of the Section 37 agreement.