Item - 2018.TE29.7

The Toronto and East York Community Council recommends that:

1. City Council amend Zoning By-law 438-86, for the lands at 21-35 Sherbourne Street North substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 9 to the report (December 8, 2017) from the Acting Director, Community Planning, Toronto and East York District.

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:

a. Submit a revised Functional Servicing Report and Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

b. Provide a detailed Conservation Plan, prepared by a qualified heritage consultant that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 21-33 Sherbourne Street North prepared by ERA Architects Inc., dated September 7, 2017, to the satisfaction of the Senior Manager, Heritage Preservation Services;

c. Enter into an Agreement pursuant to Section 37 of the Planning Act to the satisfaction of the City Solicitor, the Acting Chief Planner and Executive Director, City Planning, and the Senior Manager, Heritage Preservation Services to secure the following:

i. Prior to Final Site Plan approval, the owner shall provide final site plan drawings substantially in accordance with the approved Conservation Plan required in Recommendation 3.b. above to the satisfaction of the Senior Manager, Heritage Preservation Services;

ii. Prior to the issuance of any permit for all or any part of the properties at 21-33 Sherbourne Street North, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Preservation Services, the owner shall:

A. Have obtained final approval for the necessary Zoning By-law Amendment required for the subject property, such Amendment to have come into full force and effect;

B. Provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Recommendation 3.b. above including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Preservation Services; and

C. Provide a Letter of Credit, including provision for upwards indexing, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Preservation Services to secure all work included in the approved Conservation Plan.

iii. Prior to the release of the Letter of Credit required in Recommendation 3.c.ii.C. above the owner shall provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work has been completed in accordance with the Conservation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Preservation Services; and

iv. Prior to obtaining Site Plan Approval, the owner shall make an application for a common elements condominium for 21-33 Sherbourne Street, to provide access to and use of the underground parking structure and any shared services, as appropriate.

4. City Council authorize the Acting 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 three rental dwelling units at 29 Sherbourne Street North and 31 Sherbourne Street North after all of the following have occurred:

a. Satisfaction or securing of the Conditions in Recommendation 3 above;

b. Zoning By-law Amendments for this development have come into full force and effect; and

c. The issuance of the Notice of Approval conditions for the site plan approval by the Acting Chief Planner and Executive Director, City Planning or designate, pursuant to Section 114 of the City of Toronto Act, 2006.

5. 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 4 above for the removal of the three rental dwelling units at 29 Sherbourne Street North and 31 Sherbourne Street North.

The application to amend the Zoning By-law for 21-35 Sherbourne Street North proposes: to demolish the existing building at 29 Sherbourne Street North, the rear portions of 31 and 33 Sherbourne Street North, and five existing detached garages; to construct a new 3-storey residential building with two dwelling units at 29 Sherbourne Street North, rear additions to 31 Sherbourne Street North and 33 Sherbourne Street North, and a shared one-storey below-grade garage with 24 parking spaces; and to convert an existing coach house at 31 Sherbourne Street North into studio space.

As required by the Municipal Code Chapter 667, the owner has also submitted a Rental Housing Demolition and Conversion Application as the proposal involves the demolition of rental dwelling units on a property with six or more dwelling units.  Three rental dwelling units are proposed to be demolished.

This report reviews and recommends approval of the application to amend the Zoning By-law and the rental housing demolition application.