Item - 2011.TE11.8

The Toronto and East York Community Council recommends that:

1.         City Council amend Zoning By-law 438-86, for the lands at 155-163 Dundas Street East and 200 Jarvis Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 1 to the report dated November 1, 2011 from the Director, Community Planning, Toronto and East York District, subject to deleting sections 5.g. and h. in Attachment No. 1, and replacing them with the following:

"g.         a minimum of 88 residential and commercial parking spaces be provided on the lot.

h.         a minimum of 204 bicycle parking spaces be provided on the lot."

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 of the lands at 155-163 Dundas Street East and 200 Jarvis Street to enter into an Agreement pursuant to Section 37 of the Planning Act, to be registered on title, to the satisfaction of the City Solicitor, to secure the following:

i.          The conveyance of fourteen units to Artscape ("the Provider") at $250 per square foot, plus the School Board and City Development Charges associated with those units.

ii.         Agreements of Purchase and Sale with respect to the all fourteen units in Recommendations 3.i., shall be entered into with the Provider and/or the City prior to the issuance of the first above grade building permit for the development.

iii.        A provision allowing the Agreements of Purchase and Sale of all fourteen units in Recommendations 3.i. to be assignable.

iv.        $150,000 for a Heritage Conservation District Study for the area bounded by Carlton Street, Sherbourne Street, Queen Street East and Jarvis Street.

v.         $300,000 for laneway improvements between Mutual and Jarvis south of the site or to other local right-of-way or parks improvements.

vi.        $400,000 for improvements to Allan Gardens Park.

vii.       Require that the cash amounts identified in Recommendations 3.iv., 3.v. and 3.vi. above shall be indexed annually 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 submission of the funds by the owner to the City.

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

a.         The owner shall pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report, as reviewed and accepted by the Executive Director of Technical Services, should it be determined that improvements to such infrastructure are required to support the development.

b.         A Revised Functional Servicing Report must be submitted to analyze the impact of the sanitary and storm flow from the proposed development on the municipal downstream system and determine mitigation measures to minimize any negative impact, if any.

c.         The public infrastructure should not be affected by the proposed development and therefore any reference to an eventual removal and reinstatement of the existing catch-basin located within the public laneway near the intersection with Jarvis Street needs to be eliminated from the revised Functional Servicing Report.

d.         Submit revised plans, reports and/or documentation with respect to Conditions B(1) to B(12), for the review and acceptance of the General Manager of Transportation Services and Executive Director of Technical Services.

4.         City Council authorize the City to be a party to the Agreements of Purchase and Sale contemplated to be entered into for the Provider's units as a contingent transferee, in order to ensure the benefit of the units to be conveyed is secured for the intended purpose as set out in the report from the Director, Community Planning, Toronto and East York District (dated October 17, 2011) headed "155-163 Dundas Street East and 200 Jarvis Street Zoning Amendment Application - Final Report", in the event either of the organizations is not able to complete the transactions, by either assigning its interest in the Agreements of Purchase and Sale or by selling the units in the open market at fair market value with the proceeds to go towards affordable housing in Ward 27.

5.         City Council authorize and direct the appropriate City Officials to take the necessary action to give effect to the foregoing, including the specific actions set out in "Council Authorities to Implement Matters Pursuant to the Section 37 Agreement" as Appendix 1 to the report from the Director, Community Planning, Toronto and East York District (dated October 17, 2011) headed "155-163 Dundas Street East and 200 Jarvis Street Zoning Amendment Application - Final Report".

The applicant proposes to construct a 42-storey residential development comprised of a 36-storey point tower on a 6-storey podium at 155 to 163 Dundas Street East and 200 Jarvis Street.  A total of 384 residential condominium units are proposed.  Staff have reviewed the application and find that it represents good planning and urban design.  The plan proposes to increase the height and density of a corner needing redevelopment; it replaces an undesirable and underutilized built form with one that increases the usability, efficiency and density of the land, while minimizing the impact on local residents.  This report reviews and recommends approval of the application to amend the Zoning By-law.

The report from the Director, Community Planning dated October 17, 2011, titled "155-163 Dundas Street East and 200 Jarvis Street Zoning Amendment Application - Final Report" contained comments that were included in error.  In the section titled "Traffic Impact, Access, Parking" it is stated that the conclusions of the consultant's report are supported by Staff.  Transportation Planning and Technical Services Staff do not support the consultant's conclusions.

The section should read as follows:

"Traffic Impact, Access, Parking

During the Community Consultation process concern was expressed over the impact the number of vehicles of the proposed development would have on the overall flow of traffic in the area.  The community further expressed a concern that there was not enough parking being provided which could create a situation in which residents and visitors would be seek on street parking in the area, making a perceived shortage in supply worse.  The applicant has submitted a traffic impact study in support of their application.  A total of 140 parking spaces is proposed for 384 units.  The conclusions of the report were that the impact of traffic on the neighbourhood would be minimal.  Staff do not support the reduced parking standard proposed by the applicant's consultant, nor does staff support the proposed encroachment into the City-owned laneway.  Staff recommend, that parking for the proposed development be provided in accordance with the Parking Standards Review-Phase Two Apartment Building/Multi-Unit Block Developments Component, New Zoning By-Law Project report prepared by Cansult Limited, dated February 2007.  On that basis, the requisite supply for the subject site will be a total of 267 spaces comprised of 229 resident spaces and 38 visitor spaces."

Consequently the zoning by-law should be amended to delete the provision for the encroachment into the City-owned laneway and to increase the minimum parking standard as shown on Attachment 1 of this supplementary report.  A further recommendation requiring the security of infrastructure improvements and other conditions of the functional servicing report should also be added as a legal convenience to the Section 37 Agreement.  All other findings and recommendations of the report are accurate as reported.