Item - 2019.NY11.1

North York Community Council recommends that:

1. City Council amend Zoning By-law 7625, for the lands at 831, 833 and 837 Glencairn Avenue and 278, 280 and 282 Hillmount Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 5 to the report (November 15, 2019) from the Director, Community Planning, North York District.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 831, 833 and 837 Glencairn Avenue and 278, 280 and 282 Hillmount Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to the report (November 15, 2019) from the Director, Community Planning, North 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. City Council approve the Rental Housing Demolition application in accordance with Chapter 667 of the Toronto Municipal Code to allow for the demolition of five residential rental dwelling units located at 831 Glencairn Avenue and 278 Hillmount Avenue.

5. City Council authorize the Chief Planner and Executive Director, City Planning Division, to issue Preliminary Approval for the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code  for the demolition of the 5 residential rental dwelling units at 831 Glencairn Avenue and 278 Hillmount Avenue after all of the following have occurred:

a. the site specific Zoning By-law Amendments have come into full force and effect;

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

c. the issuance of the excavation and shoring permits for the approved development of the site.

6. City Council authorize the Chief Building Official and Executive Director, Toronto Building, to issue the Rental Housing Demolition permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning Division, has given the preliminary approval referred to in Recommendation 5 above.

7. City Council authorize the Chief Building Official and Executive Director, Toronto Building, to issue a Residential Demolition Permit under Section 33 of the Planning Act for 831, 833, 835 and 837 Glencairn Avenue and 278, 280 and 282 Hillmount Avenue no earlier than the issuance of the first building permit for excavation and shoring of the approved development and after the Chief Planner and Executive Director, City Planning Division, has given preliminary approval referred to in Recommendation 5 above, which permit may be included in the Residential Demolition Permit for Chapter 667 under 363-11.1, of the Toronto Municipal Code, on condition that:

a. the owner remove all debris and rubble from the site immediately after demolition;

b. the owner erect solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building;

c. the owner erect the mixed use building on the site no later than three (3) years from the day demolition of the existing buildings is commenced; and

d. should the owner fail to complete the new building within the time specified in condition c. 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.

8. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the Owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation and the development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager,Parks Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

9. City Council direct that prior to the issuance of the first above grade building permit the Capital Infrastructure Improvements at Viewmount Park identified as required in the Engineering and Construction Services Memo dated April 26, 2019 as item 2.4 shall be completed to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services.

10. Before introducing the necessary Bills to City Council for enactment, the Owner shall:

a. submit a revised Functional Servicing and Stormwater Management Report and Geotechnical/Hydrogeological Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; 

b. make arrangements to the satisfaction of the Chief Engineer and 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 support the development, based on the revised Reports in 10.a. above accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;

c. enter into a financially secured agreement for the construction of any required improvements to the municipal infrastructure, should it be determined that upgrades are required to support the development based on the revised Reports in 10 a. above accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;

d. enter into and register on title one or more agreements pursuant to Section 37 of the Planning Act, at no expense to the City, and secure such in the implementing Zoning By-law Amendments all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, the following community benefits:

i. prior to issuance of a foundation permit the owner shall pay to the City a cash contribution of $300,000;

ii.  prior to issuance of an above grade building permit, other than a building permit for a temporary sales office/pavilion, the owner shall provide a cash contribution in the amount of $700,000;

iii. the amounts secured in i. and ii above, will be used towards the following community benefits:

a. the expansion and/or improvements to local parks within the Ward to the satisfaction of the General Manager, Parks, Forestry and Recreation and in consultation with the local Councillor; and

b. streetscaping and public realm improvements nearby the site, within the Ward in accordance with the Streetscape Manual to the satisfaction of the Chief Planner and Executive Director, City Planning and  in consultation with the local Councillor; and/or

c. a community facility or improvements to existing local community facilities within the Ward, to the satisfaction of the Chief Planner and Executive Director, City Planning and in consultation with the local Councillor; 

iv.  the financial contribution referred to in Recommendation 10 d. above shall be indexed upwardly in accordance with the Statistics Canada Residential Building or Non-Residential Building Construction Price Index, as the case may be, for the Toronto Census Metropolitan Area, reported by Statistics Canada in the Building Construction Price Indexes Publication 327-0058, or its successor, calculated from the date of the Section 37 Agreement to the date the payment is made;         

v. in the event the cash contributions referred to in Recommendation 10 d. above have not been used for the intended purpose within three (3) years of the implementing 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 local Councillor, provided that the purposes are identified in Toronto's Official Plan and will benefit the community; and

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

i. prior to the issuance of the first above-grade building permit, the owner shall make arrangements to convey an off-site parkland dedication to the satisfaction of the General Manager, Parks, Forestry and Recreation;

ii. the Owner shall be required to secure the design and construction, and provide financial securities for, at no cost to the City, any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report and Stormwater Management Report and Hydrological Review, and related engineering reports ("Engineering Reports"), 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 accepted Engineering Reports;

iii. the provision of one bike repair stand with the location to be determined during the review of the Site Plan Control application;

iv. the provision of one car share space that is publically accessible, with the location to be determined during the review of the Site Plan Control application; and

v. the owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard.

North York Community Council held a statutory public meeting on December 3, 2019 and notice was given in accordance with the Planning Act, and in accordance with Municipal Code 667, under the City of Toronto Act.

This report reviews and recommends approval of the applications to amend the City's Zoning By-law 569-2013 and Zoning By-law 7625 for the former City of North York for the property at 831, 833 and 837 Glencairn Avenue and 278, 280 and 282 Hillmount Avenue to permit the construction of a 10 storey (30 metre, excluding mechanical penthouse) mixed use residential and commercial building with a total gross floor area (GFA) of 16,876 square metres and a floor space index (FSI) of 4.55 times the area of the lot. 

A Rental Housing Demolition application was submitted under Chapter 667 of the Toronto Municipal Code to demolish a total of 11 residential dwelling units, five of which were last used for residential rental purposes, located within six buildings at 831, 833, and 837 Glencairn Avenue and 278, 280 and 282 Hillmount Avenue.

The building would have 218 residential units including two live-work units and 367 square metres of retail uses on the ground floor along Marlee Avenue.  A total of 190 vehicle parking spaces are proposed, of which 5 spaces would be on the surface at the rear of the building and the remainder in two underground levels.  Vehicle access to the underground parking garage is proposed on the west side of the building via a north-south laneway with access onto Glencairn Avenue and Hillmount Avenue.  The laneway would be buffered from the adjacent dwellings to the west by a landscape strip a minimum of 1.5 metres in width.  The proposed development includes 436 square metres of indoor amenity space and 436 square metres of outdoor amenity space.  A 3.44 metre road widening along Marlee Avenue will be secured in accordance with the Official Plan.

The proposed development is consistent with the Provincial Policy Statement (2014) as it provides residential intensification on site and a mix of land uses which efficiently uses land and resources in an area identified as appropriate for growth in the City's Official Plan.  The proposal supports the goal of providing a range and mix of housing types and is transit supportive being in close proximity to the Glencairn subway station. 

The proposal conforms to A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019) as it provides a compact built form supporting higher order transit in an area identified in the City's Official Plan as appropriate for intensification.  The development would be located and massed to provide a transition to the neighbouring properties through appropriate setbacks and stepping down of height toward the Neighbourhoods to the west to adequately limit impacts on those adjacent lower scale residential areas.   

This report recommends approval of Zoning By-law Amendment application and the Rental Housing Demolition application under Chapters 667 and 363 of the Toronto Municipal Code.  Replacement of the rental dwelling units is not required as the property contains fewer than six rental dwelling units.

This development can be the impetus for a revitalized Marlee Avenue and help to provide more housing options for the community with additional residents to support existing and planned transit infrastructure and local business.