Item - 2016.EY12.1

City Council on March 10, 2016, adopted the following:

1.  City Council amend the former City of Etobicoke Zoning Code, for the lands at 144 and 150 Berry Road substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment 9 to the report (February 12, 2016) from the Director, Community Planning, Etobicoke York District.

2.  City Council amend City of Toronto Zoning By-law 569-2013, for the lands at 144 and 150 Berry Road substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment 10 to the report (February 12, 2016) from the Director, Community Planning, Etobicoke 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.  In the event City Council allows the proposal in whole or in part, before introducing the necessary Bills to City Council for enactment, the owner shall:

a.  submit a Traffic Impact Study (TIS) addendum to the City for review and acceptance by the General Manager, Transportation Services.  Such report shall determine whether the existing road network can support the proposed development and whether improvements to the existing road network are required;

b.  revise the Site Servicing Assessment and the Downstream Sanitary/Combined and Storm Sewer Analysis, prepared by Masongsong Associates Engineering Limited, to the satisfaction of the Executive Director, Engineering and Construction Services, and require the owner to pay for and construct any improvements to the municipal infrastructure should the Site Servicing Assessment and the Downstream Sanitary/Combined and Storm Sewer Analysis as accepted by the Executive Director, Engineering and Construction Services show that upgrades are required to support this development to the satisfaction of the Executive Director, Engineering and Construction Services; and

c.  make arrangements for the environmental remediation of the lands (for the conveyance of the 6 m watermain easement and the 9 m sewer easement) to the satisfaction of the Executive Director, Engineering and Construction Services.        

5.  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, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, such Agreement to be registered on title to the lands at 144 and 150 Berry Road, in a manner satisfactory to the City Solicitor to secure the following facilities, services and matters at the owner's expense:

a.          

i.  leased Premises for a not-for-profit food co-operative in the project having an area of no less than 810 m2 to be constructed and provided on the terms set out in Schedules 'C' and 'A' respectively of the Draft Zoning By-laws (see Attachment 9 and Attachment 10 to the report (February 12, 2016) from the Director, Community Planning, Etobicoke York District) and the Section 37 Term Sheet for Leased Premises (see Attachment 11 to the supplementary report (March 8, 2016) from the Chief Planner and Executive Director, City Planning), at the expense of the owner, or such alternate cash contribution as is described in the attached Draft Zoning By-laws and Section 37 Term Sheet for Leased Premises; and

ii.  a splash pad within the privately-owned publicly-accessible space to be provided on the terms set out in Schedules 'C' and 'A' respectively of the Draft Zoning By-laws (see Attachment 9 and Attachment 10 to the report (February 12, 2016) from the Director, Community Planning, Etobicoke York District).  The public access easement(s) are to be conveyed to the City for nominal consideration and are to be free and clear of all physical and title encumbrances.  The owner shall own, operate, maintain and repair the splash pad;

b.  require that the cash amounts identified in Schedules 'C' and 'A' respectively of the Draft Zoning By-laws (see Attachment 9 and Attachment 10 to the report (February 12, 2016) from the Director, Community Planning, Etobicoke York District) and the Section 37 Term Sheet for Leased Premises (see Attachment 11 to the supplementary report (March 8, 2016) from the Chief Planner and Executive Director, City Planning) 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 execution of the Section 37 Agreement to the date of expenditure of the sum by the owner; and

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 shall provide, at its own expense, a minimum area of 3,600 m2 of privately-owned publicly-accessible space (POPS) and public access easements to and over the POPS for members of the public.  The public access easements are to be conveyed to the City for nominal consideration and are to be free and clear of all physical and title encumbrances.  The owner shall own, operate, maintain and repair the POPS.  The owner shall install and maintain a centralized sign, at its own expense, stating that members of the public shall be entitled to use the POPS from 6:00 a.m. to 12:01 a.m. 365 days of the year;

               ii.   the owner shall design and construct a 2.1 m wide municipal sidewalk along the north side of Berry Road; the west side of Stephen Drive and the east side of Bell Manor Drive, all to the satisfaction of the Executive Director, Engineering and Construction Services and the General Manager, Transportation Services and at no cost to the City;

iii.  the owner shall construct and maintain the development in accordance with the Tier 1 performance measures of the Toronto Green Standard, as adopted by City Council at its meeting of October 26 and 27, 2009;

iv.  the owner shall satisfy the requirements of the Toronto District School Board regarding warning clauses and signage with respect to school accommodation issues; and

v.  the owner shall construct improvements and upgrades to the municipal water and sewer infrastructure at no cost to the City, should the Functional Servicing Report that has been submitted to the satisfaction of the Director, Engineering and Construction Services determine that the improvements and upgrades are necessary to accommodate the proposed development.