Item - 2020.TE20.7

City Council on November 25 and 26, 2020, adopted the following:

1. City Council authorize and direct the City Solicitor and appropriate staff to attend the Local Planning Appeal Tribunal in support of the Revised Proposal (October 7, 2020) for the requested Zoning By-law Amendment for the lands municipally known as 65-83 Raglan Avenue, as described in the revised report (October 14, 2020) from the Director, Community Planning, Toronto and East York District.

2. City Council authorize and direct the Chief Planner and Executive Director, City Planning and the City Solicitor to prepare the form of Zoning By-law Amendments to Zoning By-law 1-83, as amended, and Zoning By-law 569-2013 that reflect and implement the Revised Proposal (October 7, 2020) and the requirements set out in City Council's decision, including the matters to be secured in the Section 37 Agreement with such modification as may be required to implement the revised proposal as described in the revised report (October 14, 2020) from the Director, Community Planning, Toronto and East York District.

3. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:

a. prior to the issuance of the first above grade building permit for the lands, the owner shall pay to the City a cash contribution of $1,200,000.00 to be allocated as follows:

i. $800,000 cash contribution towards capital improvements for new or existing cultural and/or community space within the vicinity of the application site, local area park improvement, and/or streetscape improvements to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; and

ii. a Letter of Credit shall be submitted, in the City's standard form, in the amount of $400,000 to secure for public art on the lands to the satisfaction of the Chief Planner and Executive Director, City Planning; the owner shall submit a Public Art Plan that is in accordance with the City's Percent for Public Art Program to the satisfaction of the Chief Planner and Executive Director, City Planning, and the Ward Councillor, and that the proposed Public Art Plan is presented to representatives from the community for their review and comment, in a process led by the Ward Councillor; and the terms of the Percent for Public Art Program shall be set out in the Section 37 Agreement;

b. the payment amounts identified in Part 3.a. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18 10-0135-01, or its successor, calculated from the date of the execution of the Section 37 agreement to the date of payment; and

c. in the event the cash contribution referred to in Part 3.a. above has not been used for the determined purpose within three years of the amending Zoning Bylaw 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 Ward Councillor, provided the purpose is identified in Official Plan Policy 5.1.1 and will benefit the community in the vicinity of the lands.

4. City Council also direct that the following be secured in the Section 37 Agreement as a legal convenience as matters required to support development, in consultation with the Ward Councillor:

a. prepare all documents and convey to the City, at nominal cost, a 0.98 metre wide strip of land to the full extent of the site abutting the east limit of the north-south public lane, to a minimum depth of 1.2 metres from finished grade, together with right of support, such lands to be free and clear of all physical and title encumbrances, and subject to a right-of-way for access and construction purposes in favour of the Grantor until such time as the said lands have been laid out and dedicated for public lane widening purposes, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor;

b. the owner will include in the future Site Plan application, implement and maintain, all of the recommended wind mitigation measures, as detailed in the Pedestrian Level Wind Study, by Theakson Environmental, dated August 26, 2020,to the satisfaction of the Chief Planner and Executive Director, City Planning and prior to the issuance of Site Plan Approval;

c. the owner shall provide a Construction Management Plan and Neighbourhood Communication Strategy, prior to the issuance of Site Plan Approval, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Transportation Services and the Ward Councillor;

d. the owner shall provide the privately-owned publicly accessible space of not be less than 215.9 square metres along the southern lot line, 5.5 metres in width, and 5.5 metres in height as generally shown on the architectural plans by IBI Group dated September 30, 2020 to the satisfaction of the Chief Planner and Executive Director, City Planning; opior to the issuance of Site Plan Approval, the owner shall convey to the City, at its own expense, a stratified easement(s) along the surface of the lands, to the satisfaction of the City Solicitor, which will be provided and shall constitute the privately-owned publicly accessible space and any required public access easements to connect the privately-owned publicly accessible space to adjacent privately-owned publicly accessible space and/or public rights-of-way, where necessary; and the owner shall own, operate, maintain and repair the privately-owned publicly accessible space and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the privately-owned publicly accessible space at all times of the day and night, 365 days of the year; and the specific location, configuration and design of the privately-owned publicly accessible space shall be determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City;

e. the owner shall provide a brick or masonry finish to the podium to the satisfaction of the Chief Planner and Executive Director, City Planning;

f. the owner shall locate a portion of the outdoor amenity space on the ground floor adjacent to the proposed privately-owned publically-accessible open space as per the Site Plan and Ground Floor Plan dated September 30, 2020 to the satisfaction of the Chief Planner and Executive Director, City Planning;

g. the owner shall provide a 4.0-metre front yard setback area of predominately soft landscaping to the satisfaction of the Chief Planner and Executive Director, City Planning;

h. City Council acknowledge that the off-site Parkland Dedication fully satisfies the parkland dedication requirement and approve a development charge 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 costs to the owner of design and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time; and

i. City Council require that prior to the issuance of the first above-grade building permit on the 65-83 Raglan site, the entirety of the properties municipally known as 1528 and 1530 Bathurst Street of approximately 479 square metres in size will be conveyed to the City of Toronto for Parks purposes, free of encumbrances (other than municipal and Hydro encumbrances), to the satisfaction of the General Manager, Parks, Forestry and Recreation; at the time of conveyance, any buildings currently located on the Future Park Lands shall have been demolished and the land shall be in a graded and in standard base park condition. A Letter of Credit may be provided by the owner for the value of base park improvements prior to the issuance of the first above-grade building permit.

5. City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold issuance of its final Order regarding the Zoning By-law Amendment appeal until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that:

a. the proposed Zoning By-law Amendments are in a form satisfactory to the City, including appropriate Section 37 provisions in Parts 3 and 4 above, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, has been executed and registered on title to the Site to the satisfaction of the City Solicitor, securing the benefits and matters of required to support the development outlined in City Council's decision;

c. the owner has, at its sole expense:

i. submitted a revised Functional Servicing Report, including confirmation of water and hydrant flow, sanitary and storm water capacity, Stormwater Management Report and Hydrogeological Report (the "Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

ii. secured the design and the provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure and/or new municipal infrastructure identified in the accepted Engineering Reports to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades and/or new infrastructure are required to support the development;

iii. submitted a revised Pedestrian Wind Level Study acceptable and satisfactory to the Chief Planner and Executive Director, City Planning; and

iv. submitted revised studies and/or drawings to the satisfaction of the General Manager, Transportation Services;

d. the owner has, registered on title, a Limiting Distance Agreement with the City, to the satisfaction to the City Solicitor, to ensure that ensures that the proposed residential building at 65-83 Raglan Avenue is set back at least 12.5 metres from the north property line of 85 Raglan Avenue, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; and

e. the Chief Planner and Executive Director, City Planning, under delegated authority, has approved the required Rental Housing Demolition application under Chapter 667 of the Toronto Municipal code to demolish four (4) existing rental dwelling units at 65-83 Raglan Avenue; and the owner ensure that the demolition of the additional existing buildings will be pursuant to Chapter 363-6.2 of the Municipal Code.

6.  City Council authorize the City Solicitor and other City staff to take any necessary steps to implement City Council's decision.