Item - 2018.EY32.2

Etobicoke York Community Council recommends that:

1.  City Council amend the former City of Toronto Zoning By-law No. 438-86, as amended by By-law No. 953-2015 for the lands at 2978-2988 Dundas Street West and 406-408 Pacific Avenue substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment No. 4 to the report (June 15, 2018) from the Director, Community Planning, Etobicoke York District.

2.  City Council amend City of Toronto Zoning By-law No. 569-2013, as amended by By-law No. 954-2015 for the lands at 2978-2988 Dundas Street West and 406-408 Pacific Avenue substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment No. 5 to the report (June 15, 2018) from the Director, Community Planning, Etobicoke York District.

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.  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 to secure the following matters:

i.  The owner shall provide and maintain not less than 7 replacement rental dwelling units, comprised of 1 bachelor unit, 2 one-bedroom units, 3 two-bedroom units and 1 three-bedroom unit, at 2978-2988 Dundas Street West and 406-408 Pacific Avenue for a period of at least 20 years, as generally shown on the plans submitted to the City Planning Division dated January 8, 2018. Any revision to these plans must be to the satisfaction of the Chief Planner and Executive Director, City Planning.

 
ii.  The owner shall provide at least 1 bachelor, 2 one-bedroom, and 1 two-bedroom replacement rental dwelling units at affordable rents, at least 2 two-bedroom and 1 three-bedroom replacement rental dwelling units at mid-range rents for a period of at least 10 years, beginning from the date of first occupancy.

 
iii.  The owner shall provide ensuite laundry in all replacement rental dwelling units.

 
iv.  The owner shall make available storage lockers to tenants of the replacement rental dwelling units on the same basis as the occupants of the remainder of the building.

 
v.  The owner shall provide tenants of the replacement rental dwelling units access to all the same amenity spaces indoors and outdoors on the same terms and conditions as the occupants of the remainder of the building.

 
vi.  The owner shall provide tenants of the replacement rental dwelling units with access to both vehicle parking spaces and bicycle parking spaces on the same basis as the occupants of the remainder of the building.

 
vii.  The owner shall provide tenant relocation and assistance to each eligible tenant within the existing rental buildings, including an extended notice period, financial compensation beyond the minimum requirements set out in the Residential Tenancies Act, and the right to return to a replacement rental dwelling unit for all of the tenants (the "Tenant Relocation and Assistance Plan"), all of which shall be to the satisfaction of the Chief Planner and Executive Director, City Planning.

 
viii.  The owner shall enter into, and register on title, one or more Agreement(s) to secure the conditions outlined in i. to vii. above and as detailed in the Draft Zoning By-law Amendments (Attachment Nos. 4 and 5) to the report (June 15, 2018) from the Director, Community Planning, Etobicoke York District, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

 
ix.  The owner shall enter into and register on title, a Section 118 Restriction under the Land Titles Act, to the satisfaction of the City Solicitor, agreeing not to transfer or charge those parts of the lands comprising the 7 replacement rental dwelling units, without the written consent of the Chief Planner and Executive Director, City Planning or his designate, to assist with the securing the Section 111 Agreement against future owners and encumbrances of the lands until such time as the City Solicitor determines that its registration on title is no longer required to secure the provisions of the Section 111 Agreement.

 
x.  The owner shall erect a sign to the Toronto District School Board's specifications and satisfaction prior to issuance of any building permit.

 
xi.  The owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council at its meeting held on October 26 and 27, 2009 through the adoption of item PG32.3 of the Planning and Growth Committee, as further amended by City Council from time to time.

 
5. City Council approve the application for a Section 111 permit in accordance with Municipal Code Chapter 667 to allow the demolition of 7 existing rental dwelling units at 2978-2988 Dundas Street West and 406-408 Pacific Avenue, subject to the following conditions:

a.  The owner shall provide and maintain not less than 7 replacement rental dwelling units, comprised of 1 bachelor unit, 2 one-bedroom units, 3 two-bedroom units and 1 three-bedroom unit, at 2978-2988 Dundas Street West and 406-408 Pacific Avenue for a period of at least 20 years, as generally shown on the plans submitted to the City Planning Division dated January 8, 2018. Any revision to these plans must be to the satisfaction of the Chief Planner and Executive Director, City Planning.

 
b.  The owner shall provide at least 1 bachelor, 2 one-bedroom, and 1 two-bedroom replacement rental dwelling units at affordable rents, at least 2 two-bedroom and 1 three-bedroom replacement rental dwelling units at mid-range rents for a period of at least 10 years, beginning from the date of first occupancy.

 
c.  The owner shall provide ensuite laundry in all replacement rental dwelling units.

 
d.  The owner shall make available storage lockers to tenants of the replacement rental dwelling units on the same basis as the occupants of the remainder of the building.
 

e.  The owner shall provide tenants of the replacement rental dwelling units access to all the same amenity spaces indoors and outdoors on the same terms and conditions as the occupants of the remainder of the building.

 
f.  The owner shall provide tenants of the replacement rental dwelling units with access to both vehicle parking spaces and bicycle parking spaces on the same basis as the occupants of the remainder of the building.

 
g.  The owner shall provide tenant relocation and assistance to each eligible tenant within the existing rental buildings, including an extended notice period, financial compensation beyond the minimum requirements set out in the Residential Tenancies Act, and the right to return to a replacement rental dwelling unit for all of the tenants (the "Tenant Relocation and Assistance Plan"), all of which shall be to the satisfaction of the Chief Planner and Executive Director, City Planning.

 
h.  The owner shall enter into, and register on title, one or more Agreement(s) to secure the conditions outlined in a. to g. above and as detailed in the Draft Zoning By-law Amendments (Attachment Nos. 4 and 5) to the report (June 15, 2018) from the Director, Community Planning, Etobicoke York District, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

 
i.  The owner shall enter into and register on title, a Section 118 Restriction under the Land Titles Act, to the satisfaction of the City Solicitor, agreeing not to transfer or charge those parts of the lands comprising the 7 replacement rental dwelling units, without the written consent of the Chief Planner and Executive Director, City Planning or his designate, to assist with the securing the Section 111 Agreement against future owners and encumbrances of the lands until such time as the City Solicitor determines that its registration on title is no longer required to secure the provisions of the Section 111 Agreement.

6. City Council authorize the Chief Planner and Executive Director, City Planning to issue a preliminary approval for the application under Municipal Code Chapter 667 for the demolition of the 7 rental dwelling units at 2978-2988 Dundas Street West and 406-408 Pacific Avenue after all of the following have occurred:

 
a.  Satisfaction or securing of the conditions in Recommendations 4 and 5 above.

 
b.  The Zoning By-law Amendments have come into full force and effect.

 
c.  The issuance of the Notice of Approval Conditions for site plan approval by the Chief Planner and Executive Director, City Planning or his designate, pursuant to Section 114 of the City of Toronto Act, 2006.

 
d.  The issuance of excavation and shoring permits for the approved redevelopment of the site.

 
e.  The execution and registration of a Section 37 Agreement pursuant to the Planning Act and a Section 111 Agreement securing Recommendation 5 a, b, c, d, e, f, and g and any other requirements of the Zoning-Bylaw Amendment.
 

7. City Council authorize the Chief Building Official to issue a Section 111 permit under Municipal Code Chapter 667 for 2978-2988 Dundas Street West and 406-408 Pacific Avenue after the Chief Planner and Executive Director, City Planning has given the preliminary approval referred to in Recommendation 6 for the demolition of the existing 7 rental dwelling units.

8. City Council authorize the Chief Building Official to issue a permit under Section 33 of the Planning Act for the 7 existing residential units at 2978-2988 Dundas Street West and 406-408 Pacific Avenue no earlier than the issuance of the first building permit for excavation and shoring of the development and after the Chief Planner and Executive Director, City Planning has given the preliminary approval referred to in Recommendation 6 above, which permit may be included in the demolition permit for Chapter 667 under 363-11.1, of the Municipal Code, on condition that: 

a.  The owner erect a residential building on site no later than 3 years from the day demolition of the buildings is commenced.

 
b.  Should the owner fail to complete the new building within the time specified in (a) above, the City Clerk shall be entitled to enter on the collector’s roll, to be collected in a like manner as municipal taxes, the sum of twenty thousand dollars ($20,000.00) for each dwelling unit for which a demolition permit is issued, and that each sum shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.

9. City Council direct City Planning staff to consult with the local Ward Councillor and local community organizations on the site plan approval process.

10.  City Council approve the amendment to Schedule B of City of Toronto Municipal Code, Chapter 925, Permit Parking, to incorporate a revised map of permit parking area "1B", excluding the development addresses of 2978 – 2988 Dundas Street West and 406 – 408 Pacific Avenue. 

11. City Council authorize the appropriate City officials to take such actions as are necessary to implement the foregoing, including execution of the Section 111 Agreement.

Etobicoke York Community Council held a statutory public meeting on July 4, 2018, and notice was given in accordance with the Planning Act.

This application proposes to modify City Council's previous approval for the development of 2978-2982 Dundas Street West and 406-408 Pacific Avenue (Zoning By-law Nos. 953-2015 and 954-2015) by including three additional properties to the development (2984, 2986 and 2988 Dundas Street West). The current application proposes to demolish the four existing mixed use buildings containing 7 residential rental dwelling units at 2978-2988 Dundas Street West and 406-408 Pacific Avenue and replace them with an 8-storey mixed use building (26 metres in height, including mechanical penthouse).

The proposed development would have a gross floor area of approximately 6,945 m2. The building would contain 883m2 of retail space at grade and 6,062 m2 of residential gross floor area, with 80 residential rental units on the second through seventh floors including 7 replacement rental dwelling units and a partial eighth storey that would contain indoor amenity space (160 m2)and provide access to a proposed rooftop amenity space (160 m2). The proposed mix of unit types is: 1 bachelor unit; 47 one–bedroom units (59%); 24 two-bedroom units (30%); and 8 three-bedroom units (10%).

A total of 87 parking spaces are proposed for the mixed use development consisting of 67 resident parking spaces, 12 visitor parking spaces and 8 parking spaces for the retail uses. Parking would be provided in a three storey below grade parking garage with the exception of four spaces which would be provided at grade off the lane. Access to the loading space and the below grade parking garage would be via the public lane to the rear of the site. A total of 81 bicycle parking spaces are proposed, including: 9 short-term bicycle parking spaces located next to the residential entry on Pacific Avenue and 72 long-term bicycle parking spaces located at the base of the parking ramp in the first level of below-grade parking.

An application for Rental Housing Demolition under Section 111 of the City of Toronto Act (Chapter 667 of the Toronto Municipal Code) has been filed to permit the demolition of the 7 existing rental dwelling units at 2978-2988 Dundas Street West and 406-408 Pacific Avenue. The applicant has proposed to replace all existing rental dwelling units within the proposed building and provide tenant relocation and assistance to all eligible tenants.

The proposed development is consistent with the Provincial Policy Statement (2014) and conforms with the Growth Plan for the Greater Golden Horseshoe (2017). The proposal also represents an appropriate and orderly development of the site that conforms to the Official Plan.

This report reviews and recommends approval of the application to amend the Zoning By-law and the Rental Housing Demolition application under Section 111 of the City of Toronto Act, subject to conditions