Item - 2014.TE34.15

City Council on August 25, 26, 27 and 28, 2014, adopted the following:

1.         City Council amend Zoning By-law 438-86 for the lands at 324, 326, 328 and 332 Richmond Street West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 8 to the report (July 18, 2014) from the Director, Community Planning, Toronto and East York District, with the following amendments:

a.         Section 2(e) in Attachment 8 be deleted and replaced with the following:

(e)(i)    parking spaces for the residential uses shall be provided on the lot in accordance with the following standards:

Dwelling type                         Minimum number of parking spaces 

required

Bachelor Unit                          0.30 spaces per unit

1-bedroom Units                     0.50 spaces per unit

2-bedroom Units                     0.75 spaces per unit

3+ bedroom Units                   1.2 spaces per unit

Residential Visitors                 0.06 spaces per unit

(ii)        a minimum of 2 car share spaces (equivalent to 8 resident parking spaces) and to a maximum of 4 car share spaces

(iii)       Notwithstanding 2(e)(i) above, the total number of resident and resident visitor parking spaces required may be reduced by a total of 50 parking spaces provided that the remaining parking spaces include a minimum of 18 visitor parking spaces and 2 car share parking spaces."

             b.        Section 3 in Attachment 8 be amended by adding the following definitions:

            "car share" means the practice where a number of people share the use of one or more cars that are owned by a profit or non-profit sharing organization and where such organization may require that use of cars be reserved in advance, charge fees based on time and/or kilometres driven, and set membership requirements of the car-sharing organization, including the payment of a membership fee that may or not be refundable.

"car-share parking space" means a parking space that is reserved and actively used for car sharing.

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

3.         City Council require that the applicant provide parking on site as in accordance with the standards in the report from Engineering and Construction Services staff dated July 14, 2014.

4.         Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:

a.         the owner will pay to the City, a cash payment of $80,000 payable within 30 days of the Zoning By-law coming into full force and effect, for the purpose of improvements of street kiosks at the Scadding Court Community Centre;

b.         a cash payment of $200,000 to be payable prior to the issuance of the first above-grade building permit towards capital improvements to/or development of new Toronto Community Housing Corporation units in Ward 20;

c.         a cash payment of $120,000, to be payable prior to the issuance of the first above-grade building permit towards local parkland, streetscape improvements and community facilities within the King-Spadina East Precinct;

d.         a cash payment of $400,000, to be payable upon the registration of the residential condominium towards local parkland, streetscape improvements and community facilities within the King-Spadina East Precinct, in consultation with the Ward Councillor and appropriate City staff;

e.         in the event the cash contributions referred to in Parts 4.a. and d. above has not been used for the intended purpose within three (3) years of this By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the local Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands.

f.          City Council require that the amounts identified in Parts 4.a. to d. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto for the period from the date of the execution of the Section 37 Agreement to the date of payment; and

g.         The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support the development:

i.          A minimum of ten percent (10%) of the total number of dwelling units to be constructed in the mixed-use building shall be capable of being designed as 3- bedroom units in compliance with the provisions of the Ontario Building Code and these dwelling units are to be shown on any marketing plans as 3-bedroom units and to be marketed as 3-bedroom units.  These units may be sold and/or constructed with fewer bedrooms provided that there are provisions in the condominium documentation to allow renovation to 3-bedroom units;

ii.         Require the owner to pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report as accepted by the Executive Director, Engineering and Construction Services, should it be determined that improvements to infrastructure are required to support the development; and

iii.        Prior to Site Plan Approval, the owner will submit a Construction Management Plan including but not limited to details regarding size and location of construction staging areas, dates of significant concrete pouring activities, measures to ensure safety lighting does not negatively impact adjacent residences, construction vehicle parking locations, refuse storage, site security, site supervisor contact information, and any other matters deemed necessary to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor.