Item - 2019.NY4.1

That:

1.   City Council adopt the following recommendations in the supplementary report (March 14, 2019) from the Director, Community Planning, North District with recommendation 1.iv amended by adding the words "and provide a minimum of 17 visitor parking spaces":

1.  City Council amend the Official Plan for the lands at 15, 19 and 21 Holmes Avenue substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 2 to this report, as follows:

i) provide a maximum building height of 104 metres excluding the mechanical penthouse.

ii) permit the private outdoor recreational space to be provided above- grade and on the fourth floor.

 iii) permit a bicycle parking room on the mezzanine level.

 iv) exempt the proposed development from the secondary plan parking rates and provide a minimum of 17 visitor parking spaces.

2.  City Council amend the Zoning By-law No. 7625, for the lands at 15, 19, 21 Holmes Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 3 to this report.

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

4.  Before introducing the necessary Bills to City Council for enactment, require the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:

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

i. an indoor bicycle parking room with a minimum area of 199 m² containing 208 bicycle parking spaces and a bicycle repair area located on the mezzanine level and directly accessible to the outdoors via a bicycle ramp.

ii. a minimum of 1.5 square metres per dwelling unit of indoor recreational amenity space.

iii. the owner shall provide a monetary contribution by way of certified cheque in a form that is satisfactory to the City to fund up to 5,430 square metres of proposed gross floor area to be used by the City in its sole discretion toward the provision of public recreation centres and social facilities and/or toward the cost of constructing and furnishing such facilities and any other items identified in the North York Centre Secondary Plan. Such contribution shall be provided to the City prior to the issuance of the first building permit. Such contribution shall be indexed upwardly to the Toronto Real Estate Board Market Watch Index from the date of execution of the Section 37 Agreement.

b. The following matters are also recommended to be secured in the Section 37 Agreement to support development but are not eligible for additional gross floor area incentives:

i. A common outdoor space (mid-block connection) to be located adjacent to the building connecting the public park to the public lane and shall be designed in accordance with the conditions of site plan approval for the project including providing a public access easement and any supporting easements, in favour of the City, to the satisfaction of the City Solicitor.

ii. The public laneway will be widened by 0.72 metres along the westerly portion of the property to be conveyed to the City to satisfy the 6 metres lane right- of-way to the satisfaction of the General Manager of Transportation Services. The public laneway will be repaired and maintained to City standards and secured through a legal agreement to specify the future terms of the private use of the public laneway including restrictions of vehicular use southbound on the laneway in coordination with Real Estate Services.

iii. Transportation demand measures including the provision of a real time transit display, electric car charging stations and the provision of two car share spaces on-site in appropriate locations to the satisfaction and approval of the General Manager, Transportation Services.

iv. The owner shall provide tenant relocation assistance to all eligible tenants to the satisfaction of the Chief Planner and Executive Director, City Planning.

vi. The owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard.

vii. The applicant will provide turn restrictions from their property through signage and a concrete curb to restrict traffic from moving southbound on the city owned lane from their site to the satisfaction of the Chief Planner and Executive Director, City Planning.

5.  City Council approve the application for a Rental Housing Demolition permit in accordance with Chapter 667 of the Toronto Municipal Code to allow for the demolition of two (2) existing rental dwelling units located at 19 and 21 Holmes Avenue, subject to the following condition:

a. The owner shall provide tenant assistance to all tenants, to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

6. City Council authorize the Chief Planner and Executive Director, City Planning Division to issue the Preliminary Approval for the application under Municipal Code Chapter 667 for the demolition of the two (2) existing rental dwelling units at 19 and 21 Holmes Avenue after all of the following have occurred:

a. Satisfaction or securing of the condition in Recommendation 5.a above;

b. The Official Plan Amendment has come into full force and effect;

c. The Zoning By-law Amendments have come into full force and effect;

d. The issuance of the Notice of Approval Conditions for site plan approval by the Chief Planner or their designate, pursuant to Section 114 of the City of Toronto Act, 2006; and

e. The issuance of excavation and shoring permits for the approved structure on the site.

7.  City Council authorize the Chief Building Official to issue a Section 111 permit under Municipal Code Chapter 667 after the Chief Planner and Executive Director, City Planning Division has given Preliminary Approval referred to in Recommendation 6 above.

8.  City Council authorize the Chief Building Official to issue a demolition permit for the fourteen (14) residential dwelling units under Section 33 of the Planning Act no earlier than the issuance of the first building permit for excavation and shoring of the development, and after the Chief Planner and Executive Director, City Planning Division has given preliminary approval referred to in Recommendation 6 above, which permit may be included in the demolition permit for Chapter 667 under 363- 11.1, of the Municipal Code, on condition that:

a. the owner remove all debris and rubble from the site immediately after demolition;

b. the owner erect solid construction hoarding to the satisfaction of the Chief Building Official;

c. The owner erects a residential building on site no later than four (4) years from the day demolition of the buildings is commenced; and

d. Should the owner fail to complete the new building within the time specified in condition (c) above, 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.

9.  City Council approve a development charge credit against the Parks and Recreation component of the development charges for the design and construction by the owner of the above base park improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation. The development charge credit shall be in an amount that is the lesser of the cost of the owner of designing and constructing the above base park improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of the development charges payable for the development in accordance with the City's development charges by-law, as may be amended from time to time.

10.  Before introducing the necessary bills to City Council for enactment, outstanding engineering issues outlined in the memo dated February 20, 2019 from Engineering and Construction Services as they relate to the zoning by-law amendment to be addressed to the satisfaction of the Director, Community Planning, North York District in consultation with the Executive Director and Chief Engineer, Engineering and Construction Services.

11.  City Council approve a development charge credit against the roads and related component of the development charges in an amount approved by the General Manager, Transportation Services and up to the amount of $350,000, payable for the construction by the owner of the proposed roads and related, and cycling improvements at the intersection of Doris Avenue and Holmes Avenue, excluding the proposed road improvements immediately fronting the development site. The development charge credit shall be in an amount that is the lesser of sixty percent of the cost to the owner of constructing the improvements, as approved by the General Manager, Transportation Services, and the roads and related component of the development charges payable for the development in accordance with the City's development charges by-law, as it may be amended from time to time.

2.  City Council exercise its authority under subsection 34(17) of the Planning Act and allow changes to the proposed zoning by-law amendment after the holding of a statutory public meeting held pursuant to subsection 34(12)(a)(ii) of the Planning Act as City Council has determined that no further notice is to be given in respect of the proposed zoning by-law amendment.

3.  City Council direct the City Solicitor and other appropriate staff the authority to carry out such actions as may be required in order to give effect to the recommendations set out in this Motion.

That North York Community Council submit this item to City Council without recommendation.