Item - 2019.TE3.3

That:

1. City Council delete the Toronto and East York Community Council recommendations and adopt instead the recommendations contained in the report (January 29, 2019) from the Director, Community Planning, amended as follows:

1. City Council amend the Official Plan, for the lands at 77 Clarendon Avenue substantially in accordance with the draft Official Plan Amendment attached as Attachment 5 to the report (January 29, 2019) from the Director, Community Planning.

2. City Council amend the Zoning By-law 438-86 for the lands at 77 Clarendon Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (January 29, 2019) from the Director, Community Planning.

- Under 3(B) replace the "5,474 square metres" with "5,565 square metres"; and

- Replace Map 2 with Revised Map 2, attached to this motion.

3. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 77 Clarendon Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to the report (January 29, 2019) from the Director, Community Planning.

- Under 4(E) replace the "5,474 square metres" with "5,565 square metres"; and

- Replace Diagram 3 with Revised Diagram 3, attached to this motion.

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

5. Before introducing the Bills to City Council for enactment, City Council require the owner to:

a. enter into a financially secured agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades and road improvements are required to support the development, according to the functional servicing report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;

b. provide space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapter 681-10.

c. apply for and complete the approval process to seek permission to injure or destroy any privately owned trees that are not possible to retain during construction of this development in accordance with the City of Toronto's Private Tree By-law.

d. apply for and complete the approval process to seek permission to injure or destroy any publicly owned trees that are not possible to retain during construction of this development in accordance with the City of Toronto's Street Tree By-law.

6. City Council approve the Rental Housing Demolition application in accordance with Chapter 667 of the Toronto Municipal Code to allow for the demolition of 10 existing rental dwelling units located at 77 Clarendon Avenue subject to the owner providing all eligible tenants with financial compensation as per the Residential Tenancies Act and extended notice to vacate, all to the satisfaction of the Chief Planner and Executive Director, City Planning.

7. City Council authorize the Chief Planner and Executive Director, City Planning, to issue the Preliminary Approval for the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code for the demolition of 10 existing rental dwelling units at 77 Clarendon Avenue after all the following have occurred:

a. Satisfying or securing of the conditions in Recommendation 6 above;

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

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

d. The issuance of the Notice of Approval Conditions for site plan approval by the Chief Planner and Executive Director, City Planning, 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 development of the site.

8. City Council authorize the Chief Building Official to issue the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning has issued the Preliminary Approval referred to in Recommendation 7.

9. City Council authorize the Chief Building Official to issue a Residential Demolition Permit 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, has issued the Preliminary Approval referred to in Recommendation 7, which may be included in the demolition permit for Chapter 667 under 363-11.1, of the Toronto Municipal Code, on condition that:

a. The owner erects a residential building on site no later than three (3) years from the day demolition of the buildings is commenced; and

b. Should the owner fail to complete the new building within the time specified in condition 9.a. 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 rental 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.

2. City Council request the Chief Planner, Executive Director, City Planning, in consultation with the Chief Building Official and Executive Director, Toronto Building to assess whether the Land Survey provided by the applicant for 77 Clarendon is accurate and conforms with City of Toronto standards as part of the Site Plan review, and to communicate the results of the review with the South Hill Residents’ Association.

3. City Council determine that no further notice is required to be given in respect of these changes under the Planning Act, RSO 1990.

Councillor Karygiannis, rising on a Point of Privilege, stated that if Councillor Carroll cannot apologize for herself than he will not do it for Councillor Carroll.

Councillor Carroll, rising on a Point of Privilege, stated that she was responding to a question from Councillor Karygiannis when the Speaker had asked for quiet in the Chamber. Councillor Carroll further stated that she had apologized and had commented that Councillor Karygiannis may wish to apologize as well.

That:

1.  City Council refuse the Official Plan and Zoning By-law amendments for the lands at 77 Clarendon Avenue.

2.  City Council authorize the City Solicitor, together with the appropriate City staff, to appear before the Local Planning Appeal Tribunal in support of City Council's decision to refuse the applications in the event the matter is appealed to the Local Planning Appeal Tribunal.

That Toronto and East York Community Council request the Chief Planner, Executive Director, City Planning to host a public consultation if the applicant submits a revised application with a building height equal to, or lower than, the existing apartment on the subject site.

That City Council direct the City Solicitor to retain outside consultants as necessary.