Item - 2022.TE34.22

The Toronto and East York Community Council recommends that:

1. City Council amend the City of Toronto Zoning By-law 569-2013 for the lands at 241 Richmond Street West and 133 John Street, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (June 8, 2022), from the Director, Community Planning, Toronto and East York District.

2. City Council authorize the City Solicitor to submit the necessary bill to implement the foregoing recommendations provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will issue until such time as the Section 37 Agreement and the Heritage Easement Agreement are executed and registered.

3. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act, prior to the issuance of any building permit for the development, as follows:

a. the community benefits recommended to be secured in the Section 37 Agreement are as follows:

i. Prior to the issuance of the first above-grade building permit, the owner shall make a cash contribution in the amount of $1,240,000 for the provision of affordable housing in Ward 10 within the vicinity of the site, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor.

ii. Prior to the issuance of the first above-grade building permit, the owner shall make a cash contribution in the amount of $4,960,000 for the provision of Community Services and Facilities, parkland construction/improvements and/or streetscape improvements along Richmond Street West and/or Nelson Street in Ward 10 within the vicinity of the site, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor.

iii. The financial contribution pursuant to Recommendations 3.a.i and 3.a.ii above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date City Council adopts the zoning by-law amendment(s) to the date of payment;

iv. In the event the cash contributions referred to in Recommendations 3.a.i-ii above have not been used for the intended purposes within three (3) years of the Zoning By-law Amendment 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 Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in Ward 10;

v. The owner shall construct, provide and maintain a Privately-Owned and Publicly-Accessible Open Space ("POPS") at 241 Richmond Street West and 133 John Street West with a minimum area of 120 square metres in the form of a mid-block connection running through the site between the west property line and the east property line, in the location generally identified in the Zoning By-law Amendment, with the specific configuration and design of the POPS to be determined and secured in the context of a review of a Site Plan Control Application for the development, to the satisfaction of the Director, Community Planning, Toronto and East York District, in consultation with the Ward Councillor; and

vi. Prior to the earlier of one (1) year from any non-residential or residential use or occupancy, including interim occupancy pursuant to the Condominium Act, 1998, and registration of the first condominium for the site, except as otherwise agreed by the Chief Planner and Executive Director, City Planning, due to unforeseen delays (eg. weather), the owner shall prepare all documents and convey to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, in priority to all title encumbrances, for nominal consideration and at no cost to the City, a public access easement in perpetuity in favour of the City over the Privately-Owned Publicly-Accessible Open Space set out in Recommendation 3.a.v. above, on terms set out in the Section 37 Agreement, satisfactory to the Chief Planner and Executive Director, City Planning.  The owner shall be responsible, at its own expense, to prepare, submit to the City for approval and deposit all required reference plans to describe the easement.

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

i. Prior to the commencement of any excavation or shoring work, the owner shall submit a Construction Management Plan to the satisfaction of the General Manager, Transportation Services and the Chief Building Official and Executive Director, Toronto Building, 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 the following construction-related details: noise, dust, size and location of staging areas, location and function of access gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, parking and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, and any other matters requested by the General Manager, Transportation Services, in consultation with the Ward Councillor.

ii. Prior to the earlier of Site Plan Approval or the first building permit for shoring and excavation, the owner shall submit the following materials for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services:

            a) Updated Functional Servicing and Stormwater Management Report;

            b) Updated Hydrogeological Report;

            c) Servicing Report Groundwater Summary Form; and

            d) Hydrogeological Review Summary Form.

iii. Prior to the earlier of Site Plan Approval or the first building permit for shoring and excavation, the owner shall pay for and construct any improvements to the municipal infrastructure in  connection with the Functional Servicing and Stormwater Management Report, to be resubmitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development.

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

5. City Council declare, pursuant to subsection 45(1.4) of the Planning Act, R.S.O. 1990, c. P.13 for the purposes of subsection 45(1.3) of the Planning Act, R.S.O. 1990, c. P.13, that the owner, may be permitted to apply to amend the site specific zoning by-law for the lands at 241 Richmond Street West and 133 John Street before the second anniversary of the first day on which any part of the site specific by-law comes into effect.

The Toronto and East York Community Council held a statutory public meeting on June 29, 2022 and notice was given in accordance with the Planning Act.

This report reviews and recommends approval of the application to amend the Zoning By-law to permit a 40-storey mixed-use building at 241 Richmond Street West and 133 John Street. The building is proposed to contain 459 residential units and 1,273 square metres of retail space. Four levels of underground parking are proposed with 96 parking spaces for residents plus two auto share spaces. A total of 491 bicycle parking spaces are proposed. Also included in the proposed project is the conservation of two heritage buildings at 133 John Street and 241 Richmond Street West and a 4 metre wide, mid-block pedestrian connection linking John Street to a future public park to the east at 229 Richmond Street.