Item - 2022.TE34.42

City Council on July 19, 20, 21 and 22, 2022, adopted the following:

1. City Council amend Zoning By-law 438-86 for the lands at 185 Balliol Street and 8 Pailton Crescent, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District.

2. City Council amend Zoning By-law 569-2013 for the lands at 185 Balliol Street and 8 Pailton Crescent, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (June 13, 2022) from the Director, Community Planning, Toronto and East York District.

3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendments as may be required.

4. City Council authorize the City Solicitor to submit the necessary Bills to implement City Council's decision provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will be issued until such time as the Section 37 Agreement is executed and registered.

5. City Council require the owner to provide the following:

a. submission of a Functional Servicing Report to the City for review and acceptance by Engineering and Construction, prior to Site Plan Approval; the report will determine whether the municipal water, sanitary and storm sewer systems can support the proposed development and whether upgrades or improvements of the existing municipal infrastructure are required;

b. prior to the earlier of Site Plan Approval or the first building permit for shoring and excavation, the owner shall submit the following materials for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services:

            i. Updated Functional Servicing and Stormwater Management Report;

            ii. Updated Hydrogeological Report;

            iii. Servicing Report Groundwater Summary Form; and

            iv. Hydrogeological Review Summary Form;

c. prior to the earlier of Site Plan Approval or the first building permit for shoring and excavation, the owner shall pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing and Stormwater Management Report, to be resubmitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development;

d. prior to the commencement of any excavation or shoring work, the owner shall submit a Construction Management Plan to the satisfaction of the General Manager, Transportation Services and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor and thereafter in support of the development, will implement the Plan during the course of construction; the Construction Management Plan will include, but not be limited to the following construction-related details: noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, parking and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, and any other matters requested by the General Manager, Transportation Services, in consultation with the Ward Councillor; and

e. 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.

6. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act (the "Section 37 Agreement") to secure 654.1 square metres of additional land for parkland to be provided on the site above and beyond the requirements of Section 42 of the Planning Act, at nominal cost, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

7. City Council direct that the following matters to be secured in the Section 37 Agreement as a legal convenience to support development:

a. the owner shall make reasonable efforts, to the satisfaction of the Chief Planner and Executive Director, City Planning to promote the return of businesses and/or services displaced by the proposed development;

b. the owner shall provide a landscaped space with a minimum area of 370 square metres located along a section of the west property line of the new park; and

c. prior to site plan approval, the owner must work with City staff to determine the final design and dimensions of the landscaped space described above, to promote soft landscaping and pedestrian connectivity.

8. City Council, as part of site plan application approval conditions, require the owner to design, install and maintain a fence at the south property line to the satisfaction of the Chief Planner and Executive Director, City Planning, for purposes and with alteration as agreed with the adjacent properties representatives at 180 and 194 Merton Street; such purposes will include but not be limited to utility access, safety and privacy considerations and shall be kept in good repair.

9. City Council direct that the owner shall give primary consideration to the securing and retention of existing retail commercial tenants, to the satisfaction of the Chief Planner and Executive Director, City Planning, promoting the return of businesses and/or services displaced by the proposed development.

10. City Council, as part of site plan application approval conditions, require the applicant to work with the City and neighbours to provide sufficient soil volume through the use of soil cells and planters, to facilitate mature tree growth to provide shade and privacy along the south property line, in consultation with the adjoining neighbours to the satisfaction of the Chief Planner and Executive Director, City Planning.

11. City Council, prior to site plan approval, require the owner to submit a pedestrian wind study, including wind tunnel analysis, to the satisfaction of to the satisfaction of the Chief Planner and Executive Director, City Planning which identifies recommendations for pedestrian comfort in the public park.

12. City Council, through the site plan approval process, require the owner to install a privacy screen in the form of translucent glass and/or landscaping along the southern edge of the second storey terrace.

13. City Council direct that, in accordance with Section 42 of the Planning Act, prior to the issuance of the first above-grade building permit, the owner shall convey to the City, an on-site parkland dedication, having a minimum size of 1,120.2 square metres of parkland comprised of the required on-site parkland dedication pursuant to Section 42 of the Planning Act, together with additional land for parkland at nominal cost pursuant to Section 37 of the Planning Act, located on the corner of Balliol Street and Pailton Crescent, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

14. City Council approve the acceptance of an on-site parkland dedication, subject to the owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, with the exception of a sanitary sewer connection, in an acceptable environmental condition; the owner may propose the exception of encumbrances of tiebacks, where such an encumbrance is deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor; and such an encumbrance will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management.

15. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the applicant 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 to the applicant 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 development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

16. City Council authorize the City Solicitor and appropriate City staff to take such actions as are required to implement City Council's decision, including the execution and implementation of appropriate agreements.