Final Report - Zoning By-law Amendment - 25 Fisherville Road

3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required. 4. Prior to the introduction of the Bills to City Council, City Council direct that an updated master Functional Servicing Report be provided for the lands municipally known as 6040 Bathurst Street and 5 Fisherville Road, 6020 and 6030 Bathurst Street, and 25 Fisherville Road, and, a site specific Stormwater Management Report, Hydrogeological Report and Geotechnical Report for 25 Fisherville Road, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services. 5. Prior to the introduction of the Bills to City Council, City Council direct that a Transportation Demand Management Plan be provided, to the satisfaction of the Chief Planner and Executive Director, City Planning. 6. Prior to the introduction of the Bills to City Council, City Council direct that an updated Transportation Impact Study be provided, to the satisfaction of the General Manager, Transportation Services. 7. Before introducing the necessary Bills to City Council for enactment, City Council require that the Local Planning Appeal Tribunal has issued its approval in principle for appeals of applications on the properties located at 6020 and 6030 Bathurst Street, and 6040 Bathurst Street and 5 Fisherville Road, which approve developments that include the Road in its entirety on the overall Block Plan. 8. Before introducing the necessary Bills for enactment, City Council require the Owner to enter into and register against title in priority an Agreement (and if necessary a multi-party agreement to secure the provision of the public road as described in Parts 9.n.i. to 9.n.xiii inclusive below) pursuant to Section 37 of the Planning Act, to the satisfaction of the City Solicitor, to secure the following matters, services and facilities as follows: a. prior to the issuance of a below-grade shoring permit, the Owner shall make a financial contribution to the City in the amount of $1,500,000.00 to be allocated towards improvements to parks, community facilities and/or the public realm located within Ward 6 and/or the vicinity of the application site, such allocation to be at the discretion of the Chief Planner and Executive Director, City Planning and General Manager, Parks, Forestry and Recreation, in consultation with the Ward Councillor; b. the financial contributions referred to in Part 8.a. above shall be indexed in accordance with the Statistics Canada Apartment Building Construction Price Index for Toronto calculated from the date of execution of the Section 37 Agreement to the date of submission of the funds by the Owner to the City; c. in the event the financial contribution referred to in Part 8.a. above has not been used for the intended purpose prior to the expiry of the third anniversary of the By-law coming into full force and effect, the cash contribution may be redirected for another purpose at the sole discretion of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands; d. $167,000 for the provision of public art on site or in the vicinity of the site; e. a parkland over-dedication of 133 square metres above the required parkland dedication of 397 square metres; f. As "Affordable rental dwelling unit" means a rental dwelling unit constructed on the lot and provided and maintained at affordable rent, as defined in the Official Plan: 1. the owner shall provide and maintain 10 one-bedroom dwelling units as affordable rental dwelling units; the average unit size of the affordable rental dwelling units shall be at least the same as the average unit size of the proposed one-bedroom market units; the affordable rental dwelling units shall be provided in contiguous groups of at least 6 dwelling units in the first of the proposed apartment buildings constructed on the site; the general configuration and layout of the 10 affordable rental dwelling units shall be to the satisfaction of the Chief Planner and Executive Director, City Planning Division; 2. the owner shall provide and maintain the 10 affordable rental dwelling units as rental dwelling units for at least 20 years, beginning with the date each such unit is first occupied; no affordable rental dwelling unit shall be registered as a condominium or any other form of ownership such as life lease or co-ownerships which provide a right to exclusive possession of a dwelling unit, and no application for conversion for non-rental housing purposes, or application to demolish any affordable rental dwelling unit shall be made for at least 20 years from the date of first occupancy; when the 20-year period has expired, the owner shall continue to provide and maintain the affordable rental dwelling units as rental dwelling units, unless and until such time as the owner has applied for and obtained all approvals necessary to do otherwise; and 3. the owner shall provide and maintain the affordable rental dwelling units at affordable rents, as defined in the Official Plan, for at least 15 years, beginning with the date that each such unit is first occupied; during the first 15 years of occupancy, increases to initial rents charged to tenants occupying any of the affordable rental dwelling units shall be in accordance with the Residential Tenancies Act and shall not exceed the Provincial rent guideline until the tenancy ends. 9. City Council direct that the following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support the development: a. submit and construct the development in accordance with the approved Transportation Demand Management Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning; b. prior to Site Plan Approval for the development, the owner shall provide a Tenant Construction Mitigation Plan and Tenant Communication Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning or designate and thereafter the owner shall implement such Plans; c. prior to Site Plan Approval for the development, the owner shall provide a Construction Phasing Plan for the development, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, and construct the development in accordance with that Plan; d. prior to issuance of the first building permit, the owner shall enter into appropriate agreements and provide financial security for external servicing upgrades and acknowledges that external services will be designed, constructed and operational, if determined necessary by the updated Functional Servicing and Stormwater Manager Report, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; e. the owner shall continue to provide and maintain the 214 existing residential rental dwelling units in the existing apartment building at 25 Fisherville Road as rental housing, together with the new and retained associated facilities and amenities of the existing apartment building, for a period of at least 20 years commencing from the date of the Zoning By-laws coming into full force and effect and with no applications for demolition or conversion from residential rental use during such 20 year period, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; f. the owner shall design the following improvements noted in Part 9.g. below to the existing apartment building prior to Site Plan Approval taking into account tenant responses to the required survey related to programming of amenity space, to the satisfaction of the Chief Planner and Executive Director, City Planning; g. the owner shall provide improvements to the existing apartment building, all to the satisfaction of the Chief Planner and Executive Director, City Planning or designate, including but not limited to the following: i. prior to the first above grade building permit: 1. improve accessibility within the existing apartment building, including push button automatic door openers for all common doors and a clothes folding table which is universally accessible within the laundry room; 2. provide hand delivered refuse drop-off area for recycling and kitchen waste drop-off within the existing apartment building; and 3. long-term bike parking located inside the existing building and bike racks for short-term bike parking near the front entrances of the existing building; ii. prior to or concurrent with the first above grade building permit for a new residential apartment building, submit a building permit application for the following, which must be constructed prior to occupancy of any new residential apartment building: 1. a 187 square metre indoor amenity space attached to the existing apartment building; and 2. new outdoor amenity areas, which may include but not be limited to a tot play area and dog area; iii. prior to occupancy of any new residential apartment building: 1. provide centralized garbage storage, staging and pick-up, within the new residential buildings for waste associated with the existing apartment building or internalize within an enclosed structure or structures; h. the owner shall provide residents of the existing rental building with access to indoor and outdoor amenities within and adjacent to the proposed buildings on the site, including all outdoor amenity spaces and 554 square metres of indoor amenity space within one of the proposed buildings, at no extra charge to the tenants and with no pass-through cost to tenants of the existing building; access and the use of these amenities shall be on the same terms and conditions as any other resident in the building; i. the costs of the improvements to the existing apartment building and associated spaces within and outside the existing apartment building, and improvements for the purpose of the proposed buildings, as described above, shall not be passed on to the tenants of the existing apartment building in any form, including by way of an application to the Landlord Tenant Board, or to any successor tribunal with jurisdiction to hear applications made under the Residential Tenancies Act, for the purpose of obtaining an increase in residential rent above the applicable guideline, or in the form of any additional costs and charges; j. construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard Version 3; k. provide in the first phase of development of the site a privately-owned publicly accessible open space adjacent to the on-site parkland dedication with a minimum area of 248 square metres generally located along the northern boundary of the parkland dedication, with the details of the location and configuration of the privately-owned publicly accessible open space to be finalized and financially secured pursuant to the site plan approval process, to the satisfaction of the Chief Planner and Executive Director, City Planning or designate and construct the privately-owned publicly accessible open space in the first phase of development of the site in accordance with the approved site plan; l. upon the earlier of (a) the first condominium registration of any part of a proposed building on the site and (b) the residential occupancy of a proposed building on the site, grant an easement to the City along with all necessary rights of support, for nominal consideration and free and clear of title encumbrances, to the satisfaction of the City Solicitor, over and upon the privately-owned publicly accessible open space in favour of the general public for the purpose of publicly accessible open space, on terms satisfactory to the Chief Planner and Executive Director, City Planning or designate, in consultation with the City Solicitor; m. the owner to submit a consolidated wind study for the lands municipally known as 6040 Bathurst Street and 5 Fisherville Road, 6020 and 6030 Bathurst Street, and 25 Fisherville Road to the satisfaction of the Chief Planner and Executive Director, City Planning; the owner shall implement the wind control measures identified in the accepted wind study for the property at 25 Fisherville Road to the satisfaction of the Chief Planner and Executive Director, City Planning; such measures to be secured through the Site Plan review process; n. prior to the issuance of the first building permit for the site, the Owner shall financially secure or cause to be financially secured, construct or cause to be constructed, and convey and/or cause to be conveyed to the City a public road with a minimum width of 16.5 metres with a general alignment in a north/south direction from Fisherville Road along the shared property line between the lands municipally known as 25 Fisherville Road and 6040 Bathurst Street and 5 Fisherville Road and in an east/west direction to Bathurst Street along the shared property line between the lands municipally known as 6040 Bathurst Street and 5 Fisherville Road, and 6020 and 6030 Bathurst Street, inclusive of all sidewalks, boulevards (excluding a complete north side boulevard on the east/west public street which may be provided following the demolition of existing structures located within the future right-of-way) and all municipal infrastructure, improvements, and services located in the public road, inclusive of street watermains, storm sewers, sanitary sewers, all public utilities, street trees and landscaping, and street lights (collectively, the "Road"), in accordance with City standards and specifications, subject to acceptable encroachments, to the satisfaction of the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services; the provisions of the Section 37 Agreement to secure the Road shall follow the provisions of the City's standard form of subdivision agreement, with modifications at the discretion of the City Solicitor, but shall at least require: i. prior to the first building permit for the proposed development, the owner shall, at its sole cost and expense, submit detailed design drawings and specifications, signed and stamped by a licensed structural engineer retained at the sole cost and expense of the owner, for the below grade structural encroachments which may remain beneath any part of the Road, such as existing underground parking garages located on the site or the lands municipally known as 6040 Bathurst Street and 5 Fisherville Road, and 6020 and 6030 Bathurst Street, which: 1. recommend, as the structural engineer considers appropriate, the approval of necessary construction specifications to the underground parking garage structure to support the Road and any structural loading imparted on it, to be provided at the sole expense of the owner; 2. confirm the design drawings and specifications comply with the then current version of the Canadian Highway Bridge Design Code for highway loading purposes, as amended, superseded or replaced from time to time, including allowance for impact factors, and recommend and implement measures as the structural engineer considers appropriate to support the Road and any structural loading imparted on it, including its construction and maintenance during the life expectancy of the Road and the underground parking garage structure; 3. include the provision of and construct a roof drainage system and waterproofing with an appropriate membrane and protection against damage from the use and maintenance of the Road, including but not limited to tree root growth so as to prevent water penetration into the underground parking garage structure from the Road and adjacent land; and 4. confirm the temporary roadway protection will be in compliance with OPSS539; ii. prior to the issuance of the first building permit for the site, the Owner shall submit a Letter of Credit or cause to be submitted a Letter of Credit equivalent to 120 percent of a cost estimate provided by the owner, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, to financially secure the provision of the Road; iii. the owner shall construct or cause to construct the Road to base course asphalt, subject to the terms of the construction phasing plan to be submitted by the owner, and prior to acceptance of the Road, complete construction of the Road to final course asphalt in accordance with standard inspection and acceptance terms to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services in accordance with the following: 1. if the Master Functional Servicing Report and Stormwater Management Report, submitted in accordance with Part 4 above, or any site-specific Functional Servicing Report and Stormwater Management Report concludes that no municipal infrastructure to be located within the Road is required to accommodate groundwater discharge from below grade construction, then the construction of the portions of the Road, as described in Part 9.n. above, will be prior to the issuance of the first above-grade building permit for any new building on the Block; or 2. if the Master Functional Servicing Report and Stormwater Management Report, submitted in accordance with Part 4 above, or any site-specific Functional Servicing Report and Stormwater Management Report concludes that municipal infrastructure to be located within the Road is required to accommodate groundwater discharge from below grade construction, then the construction of the portions of the Road (as described in Part 9.n. above) will be prior to the issuance of the first building permit for any new building on the Block; and 3. for the purposes of Part 9.n.iii.1. and of Part 9.n.iii.2. above, the "Block" is defined as the properties at 25 Fisherville Road, 6020 and 6030 Bathurst Street, and 6040 Bathurst Street and 5 Fisherville Road; iv. prior to the first building permit for the site, the owner shall convey or cause to be conveyed for nominal consideration, the strata and full depth fee simple interests in the Road, including all easements for rights of support, free and clear of all physical encumbrances, subject to any physical encumbrances that may be permitted by the Chief Engineer and Executive Director, Engineering and Construction Services in consultation with the General Manager, Transportation Services, and free and clear of all title encumbrances, to the satisfaction of the City Solicitor; v. prior to conveyance, the owner shall prepare, at their sole cost and expense, all documents and plans necessary to convey the Road to the City, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; vi. prior to the conveyance of the Road to the City, the owner shall comply with all environmental legislation, regulations, By-laws, and policies with respect to the Road lands and the municipal services located within the Road lands, including the payment of all costs incurred by the City for a third-party peer review of environmental reports submitted by the owner in support of the conveyance, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; vii. prior to the conveyance of the Road to the City, the owner shall provide certifications from its retained structural engineer, with reliance extended to the City, which confirm the following in respect of permitted as-built below-grade structural encroachments into the Road: 1. the as-built encroachment, provided it is an underground parking garage, complies with the then current version of the Canadian Highway Bridge Design Code for highway loading purposes, as amended, superseded or replaced from time to time, including allowance for impact factors; 2. the as-built encroachment, provided it is an underground parking garage, has such strength as the structural engineer considers appropriate to support the Road and any structural loading imparted on it, including its construction and maintenance during the life expectancy of the Road and the underground parking garage structure; and 3. the as-built encroachment, provided it is an underground parking garage, has an adequate roof drainage system and is waterproofed with an appropriate membrane and protection against damage from the use and maintenance of the Road, including but not limited to tree root growth, so as to prevent water penetration into the underground parking garage structure from the Road and adjacent land; viii. the Owner's payment of engineering and inspection fees, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; ix. the construction phasing of the Road, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services in consultation with the Chief Planner and Executive Director, City Planning; x. the assumption of the Road by the City following the registration of the conveyance of the Road; xi. the owner's maintenance and repair of, and liability for, the Road prior to its assumption by the City; xii. the provision of indemnities and insurance by the owner in favour of the City; and xiii. the provision of a title opinion for the conveyance of the Road lands to the City, to the satisfaction of the City Solicitor. 10. 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 and that the development charge credit shall be in an amount that is the lesser of the cost to 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 development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time. 11. City Council authorize the City Solicitor, in the City Solicitor's discretion, to introduce Bills to City Council permitting the development subject to the use of a holding symbol "H" under section 36 of the Planning Act to be removed by amendment to the By-law following the provision of the public road as described in Parts 9.n.i to 9.n.xiii inclusive above, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services or the Owner entering into and registering against title a multi-party agreement with the City pursuant to Section 37 of the Planning Act to secure the provision of the public road as described in Parts 9.n.i to 9.n.xiii, inclusive above. 12. In the event the site-specific zoning by-law amendment application for the site is appealed to the Local Planning Appeal Tribunal, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal withhold its final order on the appeal subject to the Owner satisfying the preconditions set out in Parts 9.n.i to 9.n.xiii, inclusive above, with such modifications as may be necessary for the appeal and to secure the provision of the public road by use of a holding symbol "H" under section 36 of the Planning Act.