Item - 2009.TE22.9

City Council on January 27 and 28, 2009, adopted the following:

1.         City Council approve the application for rezoning of 306-322 Richmond Street West.

2.         The proposed Zoning By-law and Section 37 agreement shall:
 

a.         secure an appropriate financial contribution to community benefits within Ward 20;

b.         secure architectural plans, elevations and landscaping including 1:50 elevations to the satisfaction of the Chief Planner, and require the owner, in conjunction with each Site Plan Application, to submit 1:50 scale drawings in conformity with this requirement;

c.         secure 10% of the proposed residential dwelling units as 3-bedroom units and/or have knock-out panels to enable the conversion;

d.         prohibit an entertainment facility-nightclub use on the lot, as defined by By-law 301-2006;

e.         address such additional technical issues that may be identified by commenting divisions; and

f.          accommodate the taxi stand to service the hotel within the development parcel (i.e. on site), given that it is now Council’s Policy to locate taxi stands for hotels on-site and that it is not possible to locate a taxi stand on Richmond Street West.

3.         City Council authorize an amendment to Zoning By-law 438-86 for the former City of Toronto substantially in accordance with the draft Zoning By‑law attached as Attachment No. 1 to the report (January 28, 2009) from the Chief Planner and Executive Director, City Planning (TE22.9a).

4.         The City Solicitor be authorized to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

5.         Before introducing the necessary Bill to City Council for enactment, City Council require the owner to enter an Agreement pursuant to Section 37 of the Planning Act to secure the following:

-           Payment of $50,000 within 30 days of the Zoning By-law, being final and binding for capital improvements to social housing in Ward 20.

-           Payment of $500,000 prior to the issuance of the first above grade building permit, towards streetscape improvements for Richmond Street West between John Street and Spadina Avenue, and John Street between Wellington Street West and Queen Street West.

-           Payment of $150,000 prior to the earliest of first occupancy or condominium registration, towards streetscape improvements for Richmond Street West between John Street and Spadina Avenue, and John Street between Wellington Street West and Queen Street West.

-           The owner shall construct the development in accordance with elevations on file with the Chief Planner, and shall make such refinements to the elevations as are required by, and to the satisfaction of, the Chief Planner, and the owner shall thereafter maintain the building and any replacement building, to the satisfaction of the Chief Planner, in accordance with such elevations and shall further secure these obligations in the associated site plan agreement and any condominium agreement.

-           The owner shall construct the development with such high quality building landscaping features, including plants located throughout the vertical face and balconies/terraces of the Proposed Building, as are required by, and to the satisfaction of, the Chief Planner.

-           As part of the site plan application the owner shall pay for a peer review of the viability of the landscape features, and provide a letter of credit to secure their installation and maintenance for at least two years.

-           Thereafter maintain the said landscaping for the life of the building, and any replacement building, to the satisfaction of the Chief Planner, and

-           shall further secure these obligations in the associated site plan agreement and any condominium agreement.

-           The owner to use reasonable commercial efforts to obtain LEED Platinum Certification of the development and provide to the City documentation respecting certification for the development.

-           The owner shall agree that, at least 10% of the total number of Dwelling Units contained within the building shall contain three or more bedrooms and, for the purpose of calculating the number of Dwelling Units containing three or more bedrooms.

a.         in the event the building contains adjacent Dwelling Units, each of which have less than three bedrooms and which are separated by knock-out panels that would allow the two adjacent Dwelling Units to be combined into one Dwelling Unit containing three or more bedrooms, then

b.         each such pair of adjacent Dwelling Units shall be counted as one Dwelling Unit containing three or more bedrooms.

             -          The owner shall enter into an agreement with the City pursuant to Section 37 of the Planning Act, to secure the provision of the said facilities, services and matters, in a form satisfactory to the City Solicitor with conditions providing for indexed escalation of financial contributions, no credit for development charges, indemnity, insurance, GST, termination and unwinding, and registration and priority of agreement.

6.         The Section 37 Agreement be executed prior to the City Council's passage of the Zoning By-law.