Item - 2016.TE13.5

City Council on February 3 and 4, 2016, adopted the following:

1.  City Council amend Zoning By-law 438-86 for the lands at 45-77 Dunfield Avenue substantially in accordance with the draft Zoning By-law Amendment, attached as Attachment 12 to the revised report (December 11, 2015), from the Director, Community Planning, Toronto and East York Community District, subject to deleting Section 2.(p)i. and replacing it with the following:

i.  the minimum number of parking spaces that shall be provided and maintained, to serve the employees, residents and their visitors shall be in accordance with the following ratios:

0.35 parking space for each dwelling unit;

0.06 parking space for each dwelling unit for the use of visitors;

0.4 parking space per 100 square metres of non-residential gross floor area;

2.  City Council amend Zoning By-law 569-2013 for the lands at 45-77 Dunfield Avenue substantially in accordance with the draft Zoning By-law Amendment 13 to the revised report (December 11, 2015) from the Director, Community Planning, Toronto and East York District, subject to deleting Sections 4(M)(i), (ii) and (iii) and replacing them with the following:

(i) for residents, at least:

(a) 0.35 parking space for each dwelling unit;

(ii) for visitors, 0.06 parking space for each dwelling unit;

(iii) for non-residential uses, 0.4 parking space per 100 square metres of non-residential gross floor area.

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.  Before introducing the necessary Bills to City Council for enactment, City Council require the Owner at 45-77 Dunfield Avenue to provide sufficient on-site parking as outlined in the Engineering and Construction Services memo of October 21, 2015 and in the revised report (December 11, 2015) from the Director, Community Planning, Toronto and East York District.

5.  Before introducing the necessary Bills to City Council for enactment, City Council require the Owner at 45-77 Dunfield Avenue to submit a revised Functional Servicing and Stormwater Management Report to the satisfaction of the Executive Director, Engineering and Construction Services.

6.  Before introducing the necessary Bills to City Council for enactment, City Council require the Owner at 45-77 Dunfield Avenue to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:

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

i.  the construction, finishing, furnishing and equipping of a non-profit licensed child care facility to accommodate at least 52 children, including infants, toddlers and preschoolers, generally in accordance with the Child Care Term Sheet (Refer to Term Sheet in Attachment 11), comprising 531 square metres of interior space and 254 square metres of exterior space adjacent to the interior space, including outdoor storage, and the provision of a minimum of three (3) child care-pick-up and drop-off parking spaces;

ii.  the entering into a lease agreement with the City for three 25-year terms and one 24-year term for a total of 99 years; and such facility shall be free of all rent, the cost of all utilities and municipal services supplied to the facility, caretaking costs, repair and maintenance costs, property damage, liability insurance, realty taxes and local improvement charges;

iii.  a one-time cash contribution in range of $150,000 to $180,000 to the Child Care Facility replacement reserve fund to replace appliances and large equipment due to wear and tear; and

iv.  a one-time cash contribution in the range of  $100,000 to $150,000 to Start-Up Costs for the defrayment of operational deficits during the first year of operation.

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

i.  an easement for the provision of 6,060 square metres of privately owned, publicly accessible open space all located on the site.  (Refer to the Plan in Attachment 10, attached to the revised report (December 11, 2015) from the Director, Community Planning, Toronto and East York District);

ii.  the Owner shall provide and maintain 177 existing dwelling units at 77 Dunfield Avenue and 575 existing dwelling units at 45 Dunfield Avenue on the site as rental housing for the period of at least 20 years, from the date of the Zoning By-Law being in-force and effect, with all the new and retained associated facilities and amenities of the buildings to be secured for the rental housing units, at no extra cost to the existing tenants, and with no applications for demolition or conversion from residential rental use, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

iii. the Owner shall provide and maintain 519 new rental units on the site as rental housing for the period of at least 10 years, with no application for demolition or conversion for a period of at least 10 years from the date of first occupancy;

iv.  the Owner shall provide a Construction Mitigation Plan that includes provisions for special needs tenants, mitigation for tenants during construction periods, including compensation for the removal of facilities currently associated with the units, a respite room and other measures as may be deemed reasonable and appropriate to the satisfaction of the Chief Planner and Executive Director, City Planning, without cost-pass through to tenants; and

v.  the Owner shall provide a Tenant Communication Plan to the satisfaction of the Chief Planner and Executive Director, City Planning.