Item - 2015.CC8.10

City Council, on July 7, 8 and 9, 2015, adopted the following:

1.         City Council authorize staff to attend the Ontario Municipal Board in support of the Revised Proposal at 387-403 Bloor Street East and 28 Selby Street based on the following:

a.         The owner entering into and registering an agreement under Section 37 of the Planning Act to secure the following payments and/or capital improvements to be included in the zoning by-law amendment, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor:

i)          The provision of a financial contribution to the City in the amount of $3,300,000, prior to the issuance of the first above-grade building permit for the subject site, with the contribution to be used by the City towards the following capital improvements, all to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the local Councillor:

A)         a cash payment of $330,000 for the capital improvement of existing or the creation of new affordable housing Ward 27;

B)         a cash payment of $330,000 for the capital improvement of existing or the creation of new community and/or cultural space in Ward 27;

C)         a cash payment of $640,000 for capital improvements of local parkland; and

D)         a cash payment of $2,000,000 for local area streetscape improvements.

ii)         In the event any of the cash contribution in Part 1.a.i. A. to D. above have not been used for the intended purpose within three (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 purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the subject site.

iii)        The required cash contributions pursuant to Part 1.a.i. A.to D. above are to be indexed upwardly in accordance with the Statistics Canada Non- Residential building Construction Price Index for Toronto, calculated from the date of the Section 37 Agreement to the day the payment is made.

iv)        Prior to the issuance of any permit for all or any part of the property at 403 Bloor Street East, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Manager, Heritage Preservation Services the owner shall provide full documentation of the existing building, including archival quality photographs of all exterior elevations and features keyed to a location map to the satisfaction of the Manager Heritage Preservation Services.

v)         The owner shall provide for the tenant relocation and assistance for the tenants of this rental property to the satisfaction of the Chief Planner and Executive Director, City Planning.

2.         City Council authorize the City Solicitor to request that the OMB withhold its Order on the Zoning By-law amendment appeal pending:

a.         Receipt of confirmation from the City Solicitor that the final form of the Zoning By-law amendment is to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

b.         Receipt of confirmation from the City Solicitor that the owner and the City have executed the Section 37 Agreement as required in Part 1.a. above;

c.         Receipt of confirmation from the City Solicitor that the owner has submitted a Functional Servicing Repot satisfactory to the Executive Director, Engineering and Construction Services and the owner has made satisfactory arrangements with the City's Engineering and Construction Services division for the construction of any required improvements to the municipal infrastructure to support this development, according to the Functional Servicing Report accepted by the Executive Director, Engineering and Construction Services;

d.         Receipt of confirmation from the City Solicitor that the owner has submitted acceptable documentation regarding the nature of the private right-of-way that runs along the easterly property limits from Selby Street that demonstrates that access rights have been granted to the site over this private right-of-way and whether it is still required as a result of the development proposal and whether construction of the development is permitted within the private right-of-way, all to the satisfaction of the Executive Director, Engineering and Construction Services;

e.         Receipt of confirmation from the City Solicitor that the owner has submitted all applicable legal documents and/or registered instruments for the rights-of-way identified above Part 2.d above;

f.          Receipt of confirmation from the City Solicitor that the owner has issued a letter to the satisfaction of Toronto Transit Commission (TTC) indicating that the owner acknowledges and agrees to satisfy all of the TTC's technical requirements through TTC's Technical Review Process during the site plan stage, and enter into any agreements that may be required, and that should a situation arise where the design of the development may need to be altered to address TTC's concerns, the TTC will not be responsible in any way including any costs that may be incurred; and

g.         Receipt of confirmation from the City Solicitor that the owner has agreed that warning clauses regarding TTC operations shall be inserted in all offers to purchase, agreements of purchase and sale or agreements to lease, and condominium declaration document(s) for each affected residential or commercial unit, and/or lot and/or block within the proposed development.  Such warning clauses shall advise of the potential for noise, vibration, smoke, particulate matter, electromagnetic interference and stray current impacts on the proposed development, and that the TTC accepts no responsibility for such effects.

3.         City Council require the owner to pay for and construct any improvements to the municipal infrastructure in connection with the site servicing assessment, should it be determined that upgrades are required to the infrastructure to support this development.

4.         City Council require the owner to transfer an easement to the City for public use of the 260 square metre publicly accessible open space within the external forecourt in front of the Selby Street building, with appropriate signage in accordance with the Privately Owned Publicly-Accessible Space Guidelines.  The transfer of the easement is to occur before such time that any residential unit is occupied.

5.         City Council request the owner to conduct a traffic queuing analysis and recommend mitigating measures that can be implemented to improve the operation of the intersection of Bloor Street East and Sherbourne Street including the northbound queuing activity.

6.         City Council authorize the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, to make such stylistic and technical changes to the draft Zoning By-law amendment as may be required to give effect to Council's decision.

7.         City Council authorize the City Solicitor and appropriate staff to continue discussions with the applicant respecting a final version of the Zoning By-law amendment.