Item - 2016.TE17.13

The Toronto and East York Community Council recommends that:

1.  City Council amend Zoning By-law 438-86, for the lands at 628, 634, 636 and 638 Church Street and 68 and 70 Charles Street East substantially in accordance with the draft Zoning By-law Amendment, with the holding provisions, attached as Attachment 7 to the report (May 12, 2016) from the Director, Community Planning Toronto and East York District

2.  City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 628, 634, 636 and 638 and 68 and 70 Charles Street East substantially in accordance with the draft Zoning By-law Amendment, with the holding provisions, attached as Attachment 8 to the report dated (May 12, 2016) from the Director, Community Planning, Toronto and East York District.

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

4.  Before introducing the necessary Bills to City Council for enactment, City Council require the Owner to enter into one or more Agreement(s) pursuant to Section 37 of the Planning Act to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, in consultation with the Senior Manager, Heritage Preservation Services and the local Councillor secure the following at the owner's expense:

a.  the matters set forth in Recommendations 1 d. i. –iv., 1e. i.-vii., and 1 f. i. and ii. of the Report of the Chief Planner and Executive Director, City Planning Division to the Toronto Preservation Board and Toronto and East York Community Council dated May 11, 2016, " Alterations to a Heritage Property, Intention to Designate Under Part IV, Section 29 of the Ontario Heritage Act, and Authority to Enter into a Heritage Easement Agreement – 628, 634, and 636 Church Street" [TE17.28].

b.  Prior to the issuance of above grade permits provide a cash contribution of $3,353,000 which is to be used for the following:

i.  $335,300 to be directed to new or existing affordable housing facilities;

ii.  $335,300 to be directed to new or existing cultural facilities;

iii.  $2,682,400 to be directed to local streetscape and park improvements; and

iv.  require that the cash amounts identified above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto for the period from the date of the execution of the Section 37 Agreement to the date of payment; and

c.  In the event the cash contribution referred to in Section (i), (ii) and (iii) above has not been used for the intended purpose with 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 local Councillor, provided that the purposes are identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands.

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

i.  at least 10 percent of the total number of dwelling units to be constructed on the lot shall contain at least three or more bedrooms in compliance with the provisions of the Ontario Building Code;

ii.  require the owner to pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report as accepted by the Executive Director, Engineering and Construction Services, should it be determined that improvements are required to support the development;

iii.  the Owner shall enter into a financially secured agreement to pay for and upgrade the municipal watermain system needed to support this development.

iv.  the Owner shall provide and maintain 20 residential rental dwelling units on the subject site as rental housing for a period of at least 20 years, comprising 8 one-bedroom units and 12 two-bedroom units, as shown on the plans submitted to the City Planning Division dated March 21, 2016 with any revisions to the satisfaction of the Chief Planner and Executive Director, City Planning. Of these units, 3 one-bedroom and 2 two-bedroom units shall have affordable rent; 5 one-bedroom and 8 two-bedroom units shall have mid-range rent; and 2 two-bedroom units will have no rent stipulation;

v.  the Owner shall provide tenant relocation and assistance to each eligible tenant within the existing rental building, including an extended notice period, financial compensation beyond the minimum requirements set out in the Residential Tenancies Act, and the right to return to a replacement rental dwelling units,  to the satisfaction of the Chief Planner and Executive Director, City Planning;

vi.  the Owner shall enter into, and register on title, one or more Section 111 Agreement(s) to secure the rental replacement units and the tenant relocation provisions outlined above and as detailed in the draft Zoning By-law Amendments which are Attachment 7 and 8 to the report (May 12, 2016) from the Director, Community Planning, Toronto and East York District to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning Division; and,

vii.  the Owner shall enter into and register a Section 118 Restriction under the Land Titles Act, to the satisfaction of the City Solicitor, agreeing not to transfer or charge those parts of the lands comprising the 20 replacement residential rental dwelling units, without the written consent of the Chief Planner and Executive Director, City Planning or designate, to assist with securing the Section 111 Agreement against future owners and encumbrances of the lands until such time as the City Solicitor determines that its registration on title is no longer required to secure the provisions of the Section 111 Agreement.

6.  Before introducing the necessary Bills to City Council for enactment, City Council shall require the Owner to enter into a Heritage Easement Agreement with the City to the satisfaction of the Chief Planner and Executive Director, City Planning, the City Solicitor and the Senior Manager, Heritage Preservation Services respecting 628, 634, and 636 Church Street in accordance with the plans and drawings dated September 19, 2014 and revised March 1, 2016, prepared by Quadrangle Architects Limited, and on file with the Senior Manager, Heritage Preservation Services, the Heritage Impact Assessment prepared by Philip Goldsmith Architect, dated May 5, 2016, date-stamped received by the City Planning on May 5, 2016, and in accordance with the herein required Conservation Plan satisfactory to the Senior Manager, Heritage Preservation Services, to be prepared by a qualified heritage consultant and that is consistent with the conservation strategy set out in the Heritage Impact Assessment to the satisfaction of the Senior Manager, Heritage Preservation Services including registration of such agreement to the satisfaction of the City Solicitor.

7.  Before introducing the necessary Bills to City Council for enactment, City Council shall require the Owner to provide a Conservation Plan for the properties located at 628, 634, and 636 Church Street prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out in the Heritage Impact Statement for the prepared by Philip Goldsmith Architect, dated May 5, 2016, date-stamped received by the City Planning Division on May 5, 2016 to the satisfaction of the Senior Manager, Heritage Preservation Services.

8.  Before introducing the necessary Bills to City Council for enactment, City Council require the owner to submit a revised Functional Servicing and Stormwater Management Report and accompanying drawings to the satisfaction of the Executive Director, Engineering and Construction Services.

9.  Before introducing the necessary Bills to City Council for enactment, City Council require the owner to confirm to the satisfaction of the Executive Director, Engineering and Construction Services whether or not groundwater will need to be pumped as part of the design of the building.  The owner must provide a clear strategy proposed with respect to any ground water pumping and discharging.  The proposed strategy must be acceptable to the Executive Director, Engineering and Construction Services.  A hydrogeological report must be submitted to determine the elevation of the groundwater level in relation to the elevation of the lowest basement slab elevation and the quality and quantity of any groundwater proposed to be pumped and discharged. Discharging of groundwater is subject to the provisions of the Sewer Use By-law.

10.  City Council approve the application for a Section 111 permit in accordance with Municipal Code Chapter 667 to allow the demolition of the existing 20 rental dwelling units located at 628, 634, 636 and 638 Church Street and 68 and 70 Charles Street East subject to the following conditions:

a.  the owner shall provide and maintain 20 rental dwelling units, comprising 8 one-bedroom units and 12 two-bedroom units in the development for a period of at least 20 years as shown on the plans submitted to the City Planning dated March, 2016.

b.  the owner shall provide at least 3 one-bedroom and 2 two-bedroom replacement rental dwelling units at affordable rents and at least 5 one-bedroom and 8 two-bedroom rental dwelling units at mid-range rents.  The remaining 2 two-bedroom rental dwelling units shall not be subject to any rent restrictions.

c.  the owner shall provide tenant relocation assistance to all eligible tenants in the existing rental dwelling units, including the right to return to a replacement rental dwelling unit, to the satisfaction of the Chief Planner and Executive Director, City Planning.

d.  the owner shall enter into and register on title one or more Section 111 Agreement(s) to secure the conditions outlined in (a), (b) and (c) above and as described in the Draft Zoning By-law Amendment which is Attachment 7 and 8 to the report (May 12, 2016) from the Director, Community Planning, Toronto and East York District to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

e.  the owner shall enter into and register on title, a Section 118 Restriction under the Land Titles Act (to the satisfaction of the City Solicitor) agreeing not to transfer or charge those parts of the lands, comprising the 20 replacement rental dwelling units, without the written consent of the Chief Planner and Executive Director, City Planning or designate, to assist with securing the Section 111 Agreement against future owners and encumbrances of the lands until such time as the City Solicitor determines that its registration on title is no longer required to secure the provisions of the Section 111 Agreement.

12. City Council authorize the Chief Planner and Executive Director, City Planning to issue a preliminary approval for the application under Municipal Code Chapter 667 for the demolition of the 20 rental dwelling units at 628, 634, 636 and 638 Church Street and 68 and 70 Charles Street East after all of the following have occurred:

a.  the Zoning By-law Amendments have come into full force and effect.

b.  the issuance of the Notice of Approval Conditions for site plan approval by the Chief Planner or her designate, pursuant Plan to Section 114 of the City of Toronto Act, 2006.

c.  the issuance of excavation and shoring permits for the approved development of the site.

13.  City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Section 111 permit under Municipal Code Chapter 667 after the Chief Planner and Executive Director, City Planning has given the preliminary approval referred to in Recommendation 12 above for the existing residential rental dwelling units.

14.  City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a demolition permit under Section 33 of the Planning Act for the existing residential units at 628, 634, 636 and 638 Church Street and 68 and 70 Charles Street East no earlier than the issuance of the first Building Permit for the foundation of the development and after the Chief Planner and Executive Director, City Planning has given the preliminary approval referred to in Recommendation 12 above, which permit may be included in the demolition permit for Chapter 667 under 363-11.1E, of the Municipal Code, on condition that:

a.  the owner erect a residential building on site no later than 3 years from the day demolition of the buildings is commenced; and

b.  should the owner fail to complete the new building within the time specified in Condition 9 (a), the City Clerk shall be entitled to enter on the collector’s roll, to be collected in a like manner as municipal taxes, the sum of twenty thousand dollars ($20,000.00) for each dwelling unit for which a demolition permit is issued, and that each sum shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.

15. City Council authorize the appropriate City officials to take such actions as are necessary to implement the foregoing, including execution of the Section 111 Agreements.