Junction Triangle

There was a lot of concern about this development and the City seemed caught a bit flatfooted at the time. There were revisions over time in terms of the look of the buildings and their positioning to try to make the development fit in better and not loom over the community.

One of the major changes achieved was to make the project, especially along Wallace, more street friendly and I think that was achieved. The City itself was somewhat at odds with locals who generally were not against the development but wanted a bit less density and a less barracks looking style. While the consultation process was a mess many smaller community concerns were dealt with. At the tail end of the process as part of an OMB hearing (it was the developer that took the City to the OMB) there was one last settlement agreement and I present it here for some of the finer last changes and as an example of the kind of battering that goes on between the City and developers. It is from August 2006 which shows you how long this site has been waiting for them to start.

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Appendix “A”

The terms of Montevallo’s settlement offer are as follows, all of which shall be secured in the Section 37 Agreement to be entered into between Montevallo and the City and certain of which will be set forth in the amending by-laws and Easement referenced below:
The applications will be revised as follows:
1. Changes Nos. 3, 4, 6, 8 and 10 outlined in the March 20, 2006 report from the Director of Community Planning, Toronto and East York District (the “Report”) in this matter are agreed to. For the sake of clarity, Montevallo agrees as follows:
(1) to redesign the front yards on Wallace Avenue to reflect the character of front yard landscaping in the area, to the satisfaction of City Planning; to remove the sunken walk-out patios from the units fronting onto Wallace Avenue; and to incorporate soft landscaping at grade into the front yards on Wallace Avenue. (Change 3)

(2) to redesign the units facing Wallace Avenue to eliminate the privacy conflict between the front porches and bedroom windows on Block G, such that the residential windows overlooking the front porches belong to the same unit as the porch. (Change 4)

(3) to convey to the City at nominal cost, free and clear of encumbrances, a lane widening of 1.98 m along the east property line to the satisfaction of the City Solicitor. (Change 6)

(4) to provide bicycle parking at a rate of 1 bicycle parking space per unit, such requirement to be included in the zoning by-law amendment for the site. (Change 8)

(5) to indicate and provide large-growing shade trees in the public boulevard along Wallace Avenue; (Change 10).

2. Montevallo agrees to changes which to a great extent address the intent of Changes Nos. 1, 2, 5, 7 and 9 set forth in the Report . For the sake of clarity Montevallo agrees as follows, at its expense:
(1) to reduce the main floor elevation of the building fronting onto Wallace Avenue such that there will be only 5 risers leading from the sidewalk to the front doors. This will be achieved through a combination of lowering the building by 0.5 metres and relocating some of the risers to the interior of the building. (responding to requested Change 1)
(2) to provide a suitable transition in height from the 2 ½ storey building located on Wallace Avenue to the east of the site, by:
(a) making significant changes to the most easterly bay of the proposed Block G, including removing the fourth storey and stepping back the 3rd floor from the front façade;
(b) on the west side of Block G, the building will be setback at least 2.0 metres at the 4th floor; and
(c) on all other blocks, a setback of at least 3.0 metres will be provided at the 4th floor on the long sides (front and back) and no setback will be provided on the short sides (ends). (Responding to requested Change 2)
(3) to construct and maintain the proposed driveway to City road standards and with a minimum width of 15.9 metres ( with the exception of one set of stairs from the underground garage to grade which will be located within the 15.9 metres, on the east side of the Driveway ), to have the driveway function as if it were a public road and to enter into a Section 37 Agreement to secure the construction, to allow public access to and over the driveway as if it was a public road, including entering into an Easement with the City satisfactory to the City Solicitor securing such public access and to dedicate the road to the City at nominal cost in the future in the event the lands to the south of the site are redeveloped. For the sake of clarity Montevallo agrees as follows:
(a) as part of the construction of the main north/south driveway (the “Driveway”), to remediate the Driveway such that all contaminant levels are in compliance with the generic standards established by the Ministry of the Environment for public roads or, alternatively, if acceptable to the Executive Director of Technical Services, provide a satisfactory risk assessment process and implementation, including paying the City the costs for a peer review;

(b) the Driveway shall function as if it is a City-owned and operated public road, including amongst other matters, providing public access to and over the Driveway as if it was a City-owned and operated public road;

(c) to construct and thereafter maintain the Driveway to City public road standards, with satisfactory plans and specifications to be approved by the Executive Director of Technical Services in writing prior to the issuance of site plan approval, such standards to include amongst other matters, storm drainage, street lighting, the road bed, the asphalt and planting (according to the City's Urban Forestry standards to permit healthy growth of such trees to full maturity) and automatic watering of large-growing shade trees on both sides, subject to private services for the development crossing under the road, which services may remain in the event the lands are conveyed to the City for public road purposes in the future;

(d) to have an engineer inspect as required throughout the construction and certify to the City upon completion of the Driveway that the Driveway has been satisfactorily completed to City public road standards, such that the City may rely upon the certification. The City’s Technical Services Division will accordingly waive inspection fees respecting the Driveway construction ; and

(e) to provide a Letter of Credit to the City in the City’s standard form from a bank acceptable to the City Treasurer, in an amount satisfactory to the Executive Director of Technical Services to secure the completion of the Driveway to City public road standards, such letter of credit to be provided prior to the issuance of the first above ground building permit for the site such Letter of Credit to be released by the City upon the certification in (d) above being provided;

(f) to enter into an Easement with the City satisfactory to the City Solicitor to secure the public access to and over the Driveway and to register such Easement to the satisfaction of the City Solicitor;

(g) to enter into a Section 37 Agreement with the City satisfactory to the City Solicitor to secure the above matters and other matters addressed in this settlement letter and to register such Agreement, as a first charge against the site prior to the Board Order issuing in this matter. ( Responding to requested Changes 5 and 7)

(4) to provide public access to and over the walkway to be constructed and maintained by Montevallo on the site which will connect to the adjacent public bicycle path, provided Canadian National Railway permits such connection, including entering into an Easement with the City satisfactory to the City Solicitor and to register such Easement to the City Solicitor’s satisfaction prior to the issuance of the first above ground building permit for the site with the understanding that should no solution emerge which meets the objectives of both CN/GO and the City, that the City will compromise regarding the bicycle path connection. (Responding to requested Change 7)
(5) to address the issue respecting the setback from the rail corridor, to the satisfaction of Canadian National Railway and GO Transit, the Chief Planner and the General Manager of Parks, Forestry and Recreation with the understanding that should no solution emerge which meets the objectives of both CN /GO and the City, that the City will compromise regarding the bicycle path connection. ( Responding to requested Change 9)
The City and Montevallo (“the Parties”), will support approval by the OMB of an official plan amendment and zoning by-law amendment that reflect the Settlement Plan, and include the following elements:
1. The Parties will work together to finalize the Amending By-laws prior to the August 30, 2006, OMB hearing date. If not complete at that date, the Parties will request the Board to hold its Order pending provision by the City Solicitor of by-laws satisfactory to both Parties to the Board.

2. The Section 37 Agreement and Easement will be executed by the City and Montevallo and registered to the City Solicitor’s satisfaction as a first charge and second charge, respectively, against the site, prior to the Board Order issuing and the Parties will request the Board to hold its Order pending notification by the City Solicitor of registration of the Agreement.

3. Montevallo acknowledges that additional matters will be secured by the City at the time of site plan approval in the normal course.

4. The Parties will work together and commence to negotiate the Section 37 Agreement and Easement within 5 business days of acceptance of this Offer. It is the intention of the Parties to attempt to complete and execute the required agreements prior to the August 30, 2006 OMB hearing date, if possible and to present these documents to the Board at the OMB hearing.

5. The Parties agree that the plans and drawings prepared by Attila Burka and dated July 21, 2006 represent an appropriate method of implementing the terms of this offer of settlement.

This offer of settlement is made on a confidential and without prejudice basis provided that should this offer be accepted by the City Council, the offer shall become public. It is intended that this offer be presented to the City Council in camera at its meeting of July 25, 26 and 27, 2006.

Appendix ‘B’

Changes Requested in City Planning Refusal Report and adopted by City Council

1. Lower the main floor elevation of Block G (facing Wallace Avenue) by approximately 1.5 m such that the main floor elevation is no more than 1.0 metres above grade.

2. Set back the fourth storey rooftop access pavilions by at least 3 m from the front face of all buildings blocks and 2 metres from the side faces of all building blocks.

3. Redesign the front yard on Wallace Avenue to reflect the character of front yard landscaping in the area, to the satisfaction of City Planning. The proponent should remove the sunken walk-out patios from the units fronting onto Wallace Avenue. The front yards should incorporate soft landscaping at grade.

4. Redesign the units facing Wallace Avenue to eliminate the privacy conflict between the front porches and bedroom windows on Block G, such that the residential windows overlooking the front porches belong to the same unit as the porch.

5. Construct the proposed driveway to City road standards with a minimum width of 16.5 metres. Enter into an agreement to allow public access to the road and to dedicate, at the City’s future request, the right-of-way to the City.

6. Dedicate a lane widening of 1.98 m along the east property line to the City.

7. Enter into an agreement under Section 37 of the Planning Act to secure public access to the new street and to the walkway connecting to the adjacent bicycle path.

8. Provide bicycle parking at a rate of 1 bicycle parking space per unit.

9. Address the required setback from the rail corridor, to the satisfaction of Canadian National Railway and GO Transit, the Chief Planner and the General Manager of Parks, Forestry and Recreation.

10. Indicate large-growing shade trees in the public boulevard, to the satisfaction of City Planning and Urban Forestry, including documentation indicating that it is possible to plant trees in the public boulevard without affecting underground utilities.