Item - 2018.NY32.8

North York Community Council recommends that:

1. City Council direct the City Solicitor, together with City Planning staff and other appropriate staff, to attend the Local Planning Appeal Tribunal (LPAT) hearing to oppose the Zoning By-law Amendment (File No. 17 264641 NNY 10 OZ) in its current form.

2. In the event that the LPAT approves the applications in whole or in part, City Council authorize the City Solicitor to request that the LPAT withhold its Order approving the development until such time as:

a. the LPAT has been advised by the City Solicitor that the proposed zoning by-law amendment is in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor that they, amongst other matters, provide for the securing of the rental tenure of the existing rental dwelling units on the site, securing of needed improvements on the site, a construction mitigation plan and tenant assistance, together with other appropriate matters;

b. the City Solicitor confirms the execution of a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director of Engineering and Construction Services and the City Solicitor, and has been registered against title, to the satisfaction of the City Solicitor, such Agreement to include, without limitation, the following matters as a legal convenience: 

i. securing of the rental tenure of the existing rental dwelling units on the site;

ii. securing of identified needed improvements on the site and access to new indoor and outdoor amenities for all on-site residents; and

iii. a tenant communications and construction mitigation plan and tenant assistance;

c. the City Solicitor confirms that the owner has provided a Functional Servicing Report, a Stormwater Management Report, and a Hydrogeological Report, acceptable to the Chief Engineer and Executive Director, Engineering and Construction Services;

d. the City Solicitor confirms that the owner has designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report, Stormwater Management Report, and Hydrogeological Report to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades are required to support the development, according to the Functional Servicing Report, Stormwater Management Report, and Hydrogeological Study, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;

e. the City Solicitor confirms that the implementation of the Functional Servicing Report, Stormwater Management Report and Hydrogeological Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services either does not require changes to the proposed amending by-laws or any such required changes have been made to the proposed amending by-laws to the satisfaction of the Chief Planner and Executive Director, City Planning, the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services; and

f. the City Solicitor confirms that the owner has provided a Traffic Impact Study Addendum, acceptable to the General Manager, Transportation Services.

3. City Council authorize the City Solicitor and appropriate staff to continue discussions with the applicant to address the issues outlined in the report (June 28, 2018) from the Director, Community Planning, North York District, and should the parties arrive at proposed resolution, to report back to City Council on the outcome, including proposed Section 37 contributions to be determined in consultation with the local Councillor relating to any revised proposal, as appropriate.

4. City Council require the Owner of the lands at 6020 and 6030 Bathurst Street to satisfy the parkland dedication requirement through an on-site dedication of 1143.50 square metres. City Council authorize City staff to have discussions with regards to the option of an off-site parkland/cash-in-lieu dedication as per Section 415-26 C of the Toronto Municipal Code, should an on-site dedication not be feasible.

5. City Council direct City Planning staff and any appropriate staff to continue work on the Block Context study, in conjunction with area stakeholders, of the Bathurst – Fisherville area (including the sites municipally known as: 25 Fisherville Road, 5 Fisherville Road and 6040 Bathurst Street, 6030 Bathurst Street, 6020 Bathurst Street, 6010 Bathurst Street and 12 Rockford Road as shown in Attachment 6 - Block Context Plan Study Area) to develop a Block Context Plan that will address built form, new pedestrian and vehicular connections, open space, park land, public realm improvements, community services and facilities and identify potential Section 37 priorities and report back to Council in the first quarter of 2019.

This application proposes to amend the zoning by-laws at 6020 and 6030 Bathurst Street to permit a new 26-storey residential apartment building on the easterly Bathurst Street frontage, between the existing buildings, and 24 townhouse units on the western edge of the site. The two existing rental buildings and units on the site would remain. The two proposed buildings would have a total Gross Floor Area (GFA) of 24,006 square metres and add an additional 314 dwelling units on the site, for a total of 709 units. The existing and proposed buildings would have an overall Floor Space Index (FSI) of 2.8.  

This report recommends that the City Solicitor, together with City Planning and any other appropriate staff, attend the Local Planning Appeal Tribunal hearing in opposition to the proposal in its current form. This report also recommends that this site and the surrounding area continue to be evaluated as part of a Block Context Plan to define the appropriate locations for parks and open space, pedestrian connections, and new public or private streets which will then provide a context for appropriate infill on these Apartment Neighbourhood sites.