Item - 2019.NY11.3

North York Community Council recommends that:

1. City Council amend former City of North York Zoning By-law 7625, for the lands at 3311 Bathurst Street 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.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 3311 Bathurst Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 7 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. Before introducing the necessary Bills to City Council for enactment, City Council require the applicant to submit a Foundation Drainage Report for the existing building drainage system, including the maximum discharge flow rate to the sanitary analysis provided, such report to be to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

5. Before introducing the necessary Bills to City Council for enactment, City Council authorize the appropriate City officials and require the owner to execute and register on title an Agreement pursuant to Section 37 of the Planning Act satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor and that such agreement shall be registered on title to the lands in a manner satisfactory to the City Solicitor in order to secure the following facilities, services and matters as a legal convenience to support development:

a. the owner shall continue to provide and maintain the existing 102 rental dwelling units as rental housing in the existing rental building at 3311 Bathurst Street, together with the new and retained associated facilities and amenities of the existing  apartment building, for a period of at least 20 years commencing from the date the Zoning By-law amendments come into force and effect, and with no applications for demolition or conversion from residential rental use during such 20 year period, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. the owner shall provide improvements to the existing rental apartment building, all to the satisfaction of the Chief Planner and Executive Director, City Planning Division and the City Solicitor or his designate, including but not limited to the following:

1. Prior to the first above-grade building permit:

i. convert storage space on the first floor of the existing rental building the conversion of a storage space into a new gym; and

ii. undertake upgrades to the laundry room on the first floor of the existing rental apartment building;

2. Prior to the occupancy of any new residential units:

i. provide an enhanced landscape area for congregation and construct a new gravel dog run area and a new landscaped outdoor amenity area with a communal outdoor kitchen, outdoor seating areas, and passive green space as illustrated in the Landscape Plans issued on October 4, 2019 and that any changes to the proposed dog run area and outdoor amenity area shall be to the satisfaction of the Chief Planner and Executive Director, City Planning Division; and

ii. provide an easement in favour of the City of Toronto in the form of the  Privately Owned Publically Accessible (POPS) space through the site in the form of a north-south 4 metre wide walkway from Brookdale Avenue in the south to Fairlawn Avenue in the north, as illustrated on the Landscape Plans issued on October 4, 2019 and that any changes to the proposed POPS space shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

c. the costs of the improvements to the existing rental apartment building and associated spaces within and outside the building, as described above, shall not be passed on to the tenants of the building in any form, including by way of an application to the Landlord Tenant Board, or to any successor tribunal with jurisdiction to hear applications made under the Residential Tenancies Act, for the purpose of obtaining an increase in residential rent above the applicable guideline, or in the form of any additional costs and charges;

d. prior to Site Plan Control Approval for the development, the owner shall develop a construction mitigation plan and tenant communications strategy to mitigate the impacts of construction on existing tenants, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and

e. construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, Version 3.

North York Community Council held a statutory public meeting on December 3, 2019 and notice was given in accordance with the Planning Act.

This application proposes to develop a 24-unit, 3-storey (11.15 metre high) infill stacked rental townhouse building on an existing surface parking area fronting Brookdale Avenue in the southeast corner of the site at 3311 Bathurst Street.  The existing 9-storey rental apartment building on Bathurst Street would be retained and the existing underground parking garage would be expanded to accommodate additional parking for both the existing apartment building and the proposed stacked townhouse development.

The proposed residential infill development is compatible with its surrounding context.  The proposal introduces an appropriate built form to the site with development massed to address Brookdale Avenue.  The site organization and proposed landscaping will provide improved public realm conditions on Brookdale Avenue and an attractive environment for pedestrian movement adjacent to, and within, the site.  A mid-block north-south Privately Owned Publically Accessible (POPS) space is proposed to connect to the existing Woburn Park linear walkway.

The proposed development is consistent with the Provincial Policy Statement (2014) and conforms to the Growth Plan for the Greater Golden Horseshoe (2019).  The proposal conforms to the applicable Official Plan policies and complies with the criteria in the City's Townhouse and Low-Rise Apartment Guidelines with a built form that is compatible with the adjacent land uses.

This report reviews and recommends approval of the application to amend the Zoning By-laws.