Item - 2013.TE26.12

City Council on October 8, 9, 10 and 11, 2013, adopted the following:

1.         City Council amend Zoning By-law 438-86 for the lands at 200 Dundas Street East, 241-251 Jarvis Street and 280 George Street, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 1 to the report (August 15, 2013) from the Director, Community Planning, Toronto and East York District, headed "200 Dundas Street East, 241-251 Jarvis Street and 280 George Street - Zoning Amendment Application - Supplementary Report", subject to Attachment 1 being amended to reflect the following revisions:

a.         a minimum of 1,240 m² of indoor residential amenity space and 1,500 m² of outdoor residential amenity space shall be provided;

b.         a minimum of 405 parking spaces shall be provided on the lot of which a minimum of 267 spaces shall be for residents, a minimum of 51 spaces shall be for visitors and/or commercial public parking, a minimum of 82 spaces shall be for residents and/or commercial public parking, and a minimum of 5 spaces shall be for car-share parking; and

c.         the building height and envelope Map 2 shall be replaced with the revised Map 2 dated August 30, 2013.

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 as outlined below and that the City Solicitor be given authority to enact such agreements as may be required to give effect to the Section 37 community benefits as follows:

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

i.          prior to the issuance of the first above-grade building permit, the Owner shall make a cash contribution to the City in the amount of $250,000 which will be used for local streetscape, parkland and community services improvements within Ward 27 and may be used for finishing the community space at 200 Dundas Street East;

ii.         1,300 square metres of community space be conveyed to the City substantially as outlined in the term sheet dated September 10, 2013; and

iii.         require that the cash amounts identified in Part 3.a. i. above shall 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 submission of the funds by the Owner to the City.

b.         The following matters which are routinely secured as part of a Site Plan Agreement are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:

i.          require the owner to pay all costs of infrastructure improvements associated with their development including such improvements to utilities and transportation infrastructure as may be required;

ii.         the owner is required to obtain approval from Transportation Services for the road improvements required to accommodate projected site traffic levels;

iii.        the size of the residential waste room for the Tower shall be at least 113 square metres and the size of the residential garbage room for the base shall be at least 139 square metres;

iv.        a type G loading space shall be provided, which has minimum dimensions of 13m long x 4m wide with an unencumbered vertical clearance of 6.1m for the entire loading area;

v.         a concrete staging pad abutting the front of the Type G loading space shall be provided with a minimum size of 75 square metres;

vi.        all access driveways must have a minimum overhead travelling clearance of 4.4 metres including any overhead doors; and

vii.       a collection vehicle's minimum turning radius of 9.5 metres inside and 14 metres outside must be observed entering, exiting and travelling throughout the site. The access route and loading platform must be designed in such a way as to allow the collection vehicle to enter the site, collect the waste materials and exit in a forward motion without the need to backup onto a public road.

4.         City Council authorize the City to enter into any necessary agreements including but not limited to an agreement of purchase and sale, a put agreement and a shared facilities agreement, substantially based on the terms contained in the term sheet dated September 10, 2013, with any such revisions thereto and any other terms as are acceptable to the Chief Corporate Officer and in a form satisfactory to the City Solicitor.

5.         City Council authorize the City Solicitor to complete the transaction(s) in Part 3.a.ii. above on behalf of the City including amending the closing date and other dates to such earlier or later date(s) and on such terms as she/he may from time to time consider reasonable.