Final Report - 150 Eighth Street - Zoning By-Law Amendment Application

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. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to: a. complete a peer review process of the submitted Noise Impact Study by a third party peer reviewer retained by the City of Toronto, and paid for by the owner, to the satisfaction of the Chief Planner and Executive Director, City Planning; b. complete a peer review process of the submitted Land Use Compatibility and Mitigation Report (Air Quality and Odour Study), by a third party peer reviewer retained by the City of Toronto, and paid for by the owner, to the satisfaction of the Chief Planner and Executive Director, City Planning; and c. enter into a Donation and Relocation Agreement satisfactory to the General Manager, Economic Development and Culture, the General Manager, Parks, Forestry and Recreation and the City Solicitor, securing the matters outlined in Part 5 below. 5. City Council authorize the City to enter into, and the General Manager, Parks, Forestry and Recreation and the General Manager, Economic Development and Culture to execute on behalf of the City, a Donation and Relocation Agreement to secure the following matters: a. prior to the issuance of any building permit and/or demolition permit for the subject property, the owner shall, at the owner's sole cost, relocate the Cenotaph from its current location at 150 Eighth Street to Colonel Samuel Smith Park by November 6, 2020, with the final siting and orientation of the Cenotaph to be determined by the General Manager, Parks, Forestry and Recreation and the General Manager, Economic Development and Culture, prior to the commencement of the relocation; b. prior to the issuance of any building permit and/or demolition permit for the subject property and prior to the commencement of the relocation, the owner shall provide a Letter of Credit to the City in the amount of $100,000 with an expiry date of two (2) years following the installation of the Cenotaph to guarantee against any damages to Parks property, and to serve as a warranty on the installation of the Cenotaph, in a form satisfactory to the General Manager, Parks, Forestry and Recreation and the General Manager, Economic Development and Culture; c. prior to the commencement of the relocation of the Cenotaph, the owner shall purchase and maintain, or cause to be maintained during the relocation of the Cenotaph, Commercial General Liability Insurance, Automobile Liability Insurance and Contractor's Equipment Insurance, naming the City of Toronto as additional insured, with limits and in a form satisfactory to the General Manager, Parks, Forestry and Recreation and the General Manager, Economic Development and Culture, in consultation with the City's Insurance and Risk Management Division; d. the owner is solely responsible for: the costs of transporting the Cenotaph from its current location at 150 Eighth Street to Colonel Samuel Smith Park; securing all the necessary permits and permissions to transport the Cenotaph; all external locates; all excavation; complying with all the tree protection obligations arising from the City's arborist's report and tree protection plan; the structural design and construction of a new Cenotaph foundation should one be required; the moving of and installation of the Cenotaph onto its new foundation; and the provision of the Cenotaph to the City in a state of good repair, all to the satisfaction of the General Manager, Parks, Forestry and Recreation and the General Manager, Economic Development and Culture; e. the owner shall provide documentation from a qualified structural engineer certifying that the design and construction of a new Cenotaph foundation in Colonel Samuel Smith Park, should one be required as determined by a qualified engineer, has been completed to the satisfaction of the General Manager, Parks, Forestry and Recreation and the General Manager, Economic Development and Culture; and f. any other terms and conditions deemed necessary and appropriate by the General Manager, Parks, Forestry and Recreation and the General Manager, Economic Development and Culture in consultation with the City Solicitor. 6. City Council direct that prior to the issuance of Notice of Approval Conditions for the subject property: a. the owner shall implement the noise control measures and recommendations contained in the Noise Impact Study, all to the satisfaction of the Chief Planner and Executive Director, City Planning, and provide certification from the owner's noise consultant that all recommended mitigation measures required in the approved Noise Impact Study have been incorporated into the Site Plan and Building permit drawings; and b. the owner shall implement the Land Use Compatibility and Mitigation Report (Air Quality and Odour Study) measures and recommendations to the satisfaction of the Chief Planner and Executive Director, City Planning, and provide certification from the owner's air quality consultant that all recommended mitigation measures required in the approved Land Use Compatibility and Mitigation Report (Air Quality and Odour Study) have been incorporated into the Site Plan and Building Permit drawings. 7. City Council accept an on-site parkland dedication that is a minimum of 381 square metres in area pursuant to Section 42 of the Planning Act and Chapter 415, Article III, of the Toronto Municipal Code (the "Statutory Parkland"), to be dedicated to the City, at no cost to the City, free and clear, above and below grade, of all easements, encumbrances and encroachments and in acceptable environmental condition, all to the satisfaction of the General Manager, Parks, Forestry and Recreation, in addition to the following: a. 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 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 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; and b. the owner shall convey the Statutory Parkland to the City prior to the issuance of the first above-grade building permit for the building on the subject site, to the satisfaction of the General Manager, Parks, Forestry and Recreation.