Item - 2017.TE22.5

That:

a.  City Council amend Toronto and East York Community Council Recommendation 1. so that the Recommendation now reads as follows:

1.  City Council amend Zoning By-law 438-86, for the lands at 497, 505 and 511 Richmond Street West substantially in accordance with the draft Zoning By-law Amendment in Attachment 9 to the report (February 6, 2017) from the Director, Community Planning, Toronto and East York District, amended by increasing the maximum number of dwelling units from 288 to 300. amended by deleting the requirement for a minimum 10 percent of all units to be 3-bedroom units, and replacing with a requirement that no less than 10 percent of all units have a minimum gross floor area of 93 square metres.

b.  City Council amend Toronto and East York Community Council Recommendation 2. so that the Recommendation now reads as follows: 

1.  City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 497, 505 and 511 Richmond Street West substantially in accordance with the draft Zoning By-law Amendment in Attachment 10 to the report (February 6, 2017) from the Director, Community Planning, Toronto and East York District, amended by increasing the maximum number of dwelling units from 288 to 300. amended by deleting the requirement for a minimum 10 percent of all units to be 3-bedroom units deleting the requirement for a minimum 10 percent of all units to be 3-bedroom units, and replacing with a requirement that no less than 10 percent of all units have a minimum gross floor area of 93 square metres.

c.  City Council amend Toronto and East York Community Council Recommendation 6c. so that it now reads as follows:

6c.  Construction and maintenance, at the owner's expense and no cost to the City, of an interior pedestrian walkway through the building from Richmond Street West to St. Andrew’s Playground together with provision for use by the City and the general public 7 days a week between the hours of 7 a.m. and 11 p.m., or as otherwise agreed, provided that the interior walkway is open to the City and general public no less than 56 hours a week for the life of the development on terms set out in the Section 37 Agreement and, commencing at occupancy, insurance and indemnification of the City, to the satisfaction of the Chief Planner and Executive Director, City Planning.  This walkway may be closed for special events or other occasions as set out in the Section 37 agreement.  The details and location of the pedestrian walkway will be determined in the context of site plan approval.

d.  City Council amend Toronto and East York Community Council Recommendation 6o. by deleting the words “or dog relief stations”, so that the Recommendation now reads as follows:

6o. Provision of on-site dog amenities at the owner's expense with proper disposal facilities for the building residents, to the satisfaction of the Chief Planner and Executive Director, City Planning.

e.  City Council amend Toronto and East York Community Council Recommendation 6x. by deleting the words “with a minimum gross floor area of 93 square meters”, so that the Recommendation now reads as follows:

6x.  The owner shall provide a minimum 10 percent of all units as units that are convertible to 3-bedroom units, with built in features to ensure convertibility as determined prior to final site plan approval to the satisfaction of the Chief Planner and Executive Director, City Planning.

That City Council adopt the following recommendation contained in the supplementary report (March 2, 2017) from the Chief Planner and Executive Director, City Planning [TE22.5b]:

1.  The recommendations adopted by Toronto and East York Community Council (Item No. TE 22.5) be amended to add Recommendation 6 (y) to the list of items to be secured in the Section 37 Agreement as follows:

"A minimum of 4,600 square metres of community centre space, as defined in Zoning By-law 569-2013, shall be operated on-site by the City or by a non-profit organization to the satisfaction of the General Manager, Parks, Forestry and Recreation.

Should the community centre space not be conveyed to a non-profit organization for the purposes of a community centre, as defined in Zoning By-law 569-2013, the City shall have the option for the space to be conveyed to the City for nominal value for the purposes of a community use, at the discretion of the General Manager, Parks, Forestry and Recreation, subject to the appropriate legal agreements being amended.  Should the City choose not to occupy the space for the purposes of a community centre, any alternative use or disposal of the space shall require approval by City Council." 

That:

1.         City Council amend Zoning By-law 438-86, for the lands at 497, 505 and 511 Richmond Street West substantially in accordance with the draft Zoning By-law Amendment to be available at the February 22, 2017 Toronto and East York Community Council meeting.

2.         City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 497, 505 and 511 Richmond Street West substantially in accordance with the draft Zoning By-law Amendment to be available at the February 22, 2017 Toronto and East York Community Council meeting.

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.         City Council authorize the City to enter into amending agreements in relation to any existing real property documents governing the permitted uses within the strata located above 47.5 metres, so as to also allow for outdoor amenity space within that strata, provided that the total area for all permitted uses does not exceed a footprint of 850 square meters, such agreements to be on such terms and conditions as may be approved by the Chief Corporate Officer and in a form satisfactory to the City Solicitor.

5.         Before introducing the necessary Bills to City Council for enactment, City Council require the owner(s) to:

a.       Provide a revised geohydrology assessment, geotechnical report and associated municipal servicing plans to the satisfaction of the Executive Director, Engineering and Construction Services.

b.       Provide a revised functional servicing and stormwater management report and associated municipal servicing plans to the satisfaction of the Executive Director, Engineering and Construction Services.

c.       Make satisfactory arrangements with the Executive Director, Engineering and Construction Services for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, in accordance with the functional servicing report accepted by the Executive Director, Engineering and Construction Services.

d.      Provide revised drawings indicating that all access driveways to be used by the collection vehicle will be level (+/-8%), have a minimum vertical clearance of 4.4 metres throughout, a minimum width of 4.5 metres throughout, and be 6 metres wide at point of ingress and egress, to the satisfaction of the Executive Director, Engineering and Construction Services.

e.       Provide revised drawings demonstrating at a minimum of 1.3 square metres per unit of outdoor amenity space within the boundaries of the applicant's site, such provision to be potentially addressed by securing such additional real property rights as are needed to locate the amenity space within the strata located above an elevation of 47.5 metres, and provided that the footprint of all uses located above that elevation does not exceed 850 square metres, or by locating such outdoor amenity space elsewhere on the site.  This is to be completed to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

f.       Provide a letter from a professional engineer describing how the heritage elevations will be shored and braced during construction and how the new addition will be structurally supported overtop of the heritage building to the satisfaction of the Senior Manager, Heritage Preservation Services.

6.       Before introducing the necessary Bills to City Council for enactment, require the owner(s) to enter into an Agreement pursuant to Section 37 of the Planning Act satisfactory to the City Solicitor and in consultation with the Chief Planner and Executive Director, City Planning Division to secure the following:

The matters set out in Recommendations 1 c. 3-5., 1 d. 1-7, and 1 e. 1 & 2 of the Report of the Chief Planner and Executive Director, City Planning Division to the Toronto Preservation Board and Toronto and East York Community Council dated January 20, 2017 "Alterations to Designated Heritage Property and Authority to Amend a Heritage Easement Agreement - 497, 505 and 511 Richmond Street West";

b.       The construction and maintenance at the owner's expense and no cost to the City, of a pedestrian walkway through the courtyard  at the east entry of the Waterworks Building within the area generally as identified as Area A on Attachment 7 and having a minimum width of 2.1 metres for use by the City and the general public for the life of the development on terms set out in the Section 37 Agreement, including requirements for, commencing at occupancy, insurance and indemnification of the City, all to the satisfaction of the Chief Planner and Executive Director, City Planning.  The details and location of the pedestrian walkway will be determined in the context of site plan approval;
 

c.       Construction and maintenance, at the owner's expense and no cost to the City, of an interior pedestrian walkway through the building from Richmond Street West to St. Andrew’s Playground together with provision for use by the City and the general public 7 days a week between the hours of 7 a.m. and 11 p.m., or as otherwise agreed, for the life of the development on terms set out in the Section 37 Agreement and, commencing at occupancy, insurance and indemnification of the City, to the satisfaction of the Chief Planner and Executive Director, City Planning Division.  This walkway may be closed for special events or other occasions as set out in the Section 37 agreement.  The details and location of the pedestrian walkway will be determined in the context of site plan approval;

d.      The owner shall be financially responsible for all costs associated with any municipal infrastructure improvements deemed necessary pursuant of the accepted functional servicing report. the excavation, improvement, removal and/or relocation of any above or below-grade public or private utility resulting from the development of this property to the satisfaction of the Executive Director, Engineering and Construction Services;

e.       Prior to final site plan approval, the owner shall incorporate significant archaeological resources and findings into the proposed development through either in-situ preservation and interpretation where feasible, or commemorate and interpret the resources through exhibition development on site including, but not limited to, commemorative plaquing.  This is to be completed to the satisfaction of the Senior Manager, Heritage Preservation Services; and

f.       Prior to the issuance of the first building permit, the owner will submit a Construction Management Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning Division, the General Manager of Transportation Services, and the Chief Building Official, in consultation with the Ward Councillor and thereafter in support of the development, will implement the plan during the course of construction.  The Construction Management Plan will include, but not be limited to, details regarding size and location of construction staging areas, dates and 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;

g.       Prior to site plan approval, the owner shall submit a Wind Study for the proposed development and an undertaking to implement any necessary mitigation measures, to the satisfaction of the Chief Planner and Executive Director, City Planning division;

h.       The owner shall, at its own expense, be responsible for winter maintenance of park walkways associated with the use of doors opening onto the park at the south side of the building;

i.        The owner shall ensure that the doors fronting onto St. Andrew's Playground are open 7 days a week only between the hours of 7 a.m. to 11 p.m., or as otherwise agreed, on terms set out in the Section 37 Agreement all to the satisfaction of the Chief Planner and Executive Director, City Planning Division in consultation with the General Manager, Parks, Forestry and Recreation;

j.        Provision of a maximum of four doors are permitted to exit into St. Andrew's Playground and no door swings into St. Andrew's Playground will be permitted.  The proposed design of the doors will be to the satisfaction of the Chief Planner and Executive Director, City Planning Division in consultation with the General Manager, Parks, Forestry and Recreation;

k.       The prevision of special design features to be built into the park edge along the south face of the building, will be at the owners expense, to accommodate the doors and concentrated pedestrian traffic resulting from their use to the satisfaction of the General Manager, Parks, Forestry and Recreation, the details to be determined in the context of final Site Plan approval;

l.        Payment of an annual fee to the City by the owner in the minimum amount of $10,000 (indexed) for additional park maintenance costs to be spent in St. Andrew's Playground resulting from the spill out and intensification of use generated by the proposed food hall, including but not limited to extra garbage pick-up and wear and tear on the park materials to the satisfaction of the General Manager, Parks, Forestry and Recreation;

m.      Prior to the issuance of any above grade buildings permits, the owner will be required to provide information to the appropriate staff in Parks, Forestry and Recreation regarding the limiting distance requirements established under the Ontario Building Code Act, 1992.  If the City agrees to enter into a Limiting Distance Agreement, the City will require compensation for the affected area;

n.       The owner shall be required to obtain an environmental assessment report, prepared by a qualified engineer, at the end of the permitted occupation of the parking lot on the west side of St. Andrew's Playground to verify that the parkland continues to meet the applicable laws, regulations and guidelines respecting sites to be used for public park purposes.  The owner will be required to provide an RSC upon expiry of the lease agreement.  The owner will be responsible for paying all costs associated with the City retaining a third-party peer reviewer for the environmental addendum.  These matters are to be to the satisfaction of the General Manager, Parks, Forestry and Recreation;

o.       Provision of on-site dog amenities at the owner's expense with proper disposal facilities for the building residents or dog relief stations, to the satisfaction of the Chief Planner and Executive Director, City Planning Division;

p.       Prior to final site plan approval, plans will be provided demonstrating the design of the proposed community centre space be to the satisfaction of the General Manager, Parks, Forestry and Recreation in consultation with the Chief Planner and Executive Director, City Planning Division.

q.       Prior to final site plan approval, the owner shall amend the existing Heritage Easement Agreement for the property at 497, 505 and 511 Richmond Street West in accordance with the plans and drawings dated December 5, 2016, prepared by Diamond Schmitt Architects Inc., date-stamped received by the City Planning Division January 3, 2017, and on file with the Senior Manager, Heritage Preservation Services, and subject to and in accordance with the Conservation Plan required in Recommendation 1.b.2 in the report of January 20, 2017 from the Chief Planner and Executive Director, City Planning Division, all to the satisfaction of the Senior Manager, Heritage Preservation Services including registration of such amending agreement to the satisfaction of the City Solicitor;

r.       Prior to final site plan approval, the owner shall provide a Conservation Plan, prepared by a qualified heritage consultant that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 497, 505 and 511 Richmond Street West prepared by ERA Architects Inc., issued July 20, 2016 and revised January 20, 2016, to the satisfaction of the Senior Manager, Heritage Preservation Services";

s.       Prior to the issuance of the first building permit, the owner shall obtain and submit a discharge agreement/permit from City of Toronto, Toronto Water, Environmental Monitoring and Protection Section for discharging groundwater to city sewers, if applicable, to the satisfaction of the Executive Director, Engineering and Construction Services;

t.       Prior to final site plan approval, a Community Access Agreement be executed between a non-profit service provider and the City for the proposed community centre facility, to the satisfaction of the City Solicitor in consultation with the General Manager Parks, Forestry and Recreation;

u.       Prior to final site plan approval, the owner shall retain a consultant archaeologist, licensed by the Ministry of Culture, Tourism and Sport, under the provisions of the Ontario Heritage Act (R.S.O 1990 as amended) to carry out a Stage 2 archaeological resources assessment of the subject property in accordance with the Stage 1 assessment report (Figure 2), June 27, 2016 and   follow through on recommendations to mitigate, through preservation or resource removal and documentation, adverse impacts to any significant archaeological resources found  The assessment is to be completed in accordance with the 2011 Standards and Guidelines for Consulting           Archaeologists, Ministry of Culture, Tourism and Sport.  This is to be to the satisfaction of the Senior Manager, Heritage Preservation Services.  Should the archaeological assessment process continue beyond a Stage 2 assessment, any recommendations for Stage 3-4 mitigation must be reviewed and approved by Heritage Preservation Services prior to commencement of site mitigation;

v.       Prior to final site plan approval, the owner shall submit a copy of the relevant            archaeological assessment report(s) to the Heritage Preservation Services Unit in both hard copy format and as an Acrobat PDF file on compact disk. This is to be completed to the satisfaction of the Senior Manager, Heritage Preservation Services;

w.      The owner shall ensure that no demolition, construction, grading or other soil            disturbances shall take place on the subject property prior to the City's Planning Division (Heritage Preservation Services Unit) and the Ministry of Tourism, Culture and Sport (Heritage Operations Unit) confirming in writing that all archaeological licensing and technical review requirements have been satisfied. This is to be completed to the satisfaction of the Senior Manager, Heritage         Preservation Services; and

x.       The owner shall provide a minimum 10% of all units as units that are convertible to 3-bedroom units with a minimum gross floor area of 93 square meters, with built in features to ensure convertibility as determined prior to final site plan approval to the satisfaction of the Chief Planner and Executive Director, City Planning  Division.

7.       The Chief Planner and Executive Director, City Planning Division report directly to City Council on any necessary measures to secure the long term provision of a community centre space on site to serve the needs of local residents.

8.       The draft Zoning By-law amendment be revised to delete the requirement for a minimum 10% of all units to be 3-bedroom units, and replace this with a requirement that no less than 10% of all units have a minimum gross floor area of 93 square metres.