Item - 2019.TE7.5

The Toronto and East York Community Council recommends that:

1. City Council amend former City of York Zoning By-law 1-83 for the lands at 3385 Dundas Street West substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment 5 to the report (June 6, 2019) from the Director, Community Planning, Etobicoke York District.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 3385 Dundas Street West substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment 6 to the report (June 6, 2019) 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, require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act to secure the following community benefits at the owner's expense. The required Agreement shall be registered on title to the lands at 3385 Dundas Street West in a manner satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

a. The owner shall provide and maintain within the proposed mixed-use building on the lot at least 10 affordable rental dwelling units with a combined total gross floor area of at least 743 m2 (8,000 ft2). The affordable rental dwelling units shall be provided in contiguous groups of at least 6 dwelling units.  Any changes to the above conditions shall be to the satisfaction of the Chief Planner and Executive Director, City Planning.

b. The owner shall provide and maintain the 10 affordable rental dwelling units as rental dwelling units for at least 20 years, beginning with the date that each such unit is first occupied. No affordable rental dwelling unit shall be registered as a condominium or any other form of ownership such as life lease or co-ownership which provide a right to exclusive possession of a dwelling unit, and no application for conversion for non-rental housing purposes, or application to demolish any affordable rental dwelling unit can be made for at least 20 years from the date of first occupancy. When the 20 year period has expired, the owner shall continue to provide and maintain the affordable rental dwelling units as rental dwelling units, unless and until such time as the owner has applied for and obtained all approvals necessary to do otherwise.

c. The owner shall provide and maintain the affordable rental dwelling units with the following unit mix and unit size requirements:

i. a minimum of 10 percent of the affordable rental dwelling units shall be three-bedroom units or larger and shall have a minimum floor area of at least 90 m2 (965 ft2); and

ii. a minimum of 30 percent of the affordable rental dwelling units, inclusive of the 10 percent three-bedroom units referenced above, shall be two-bedroom units or larger and shall have a minimum floor area of at least 64 m2 (685 ft2).

d. The owner shall provide and maintain the affordable rental dwelling units at affordable rents for at least 15 years, beginning with the date that each such unit is first occupied. During the first 15 years of occupancy, increases to rents charged to tenants occupying any of the affordable rental dwelling units shall be in accordance with the Residential Tenancies Act and shall not exceed the Provincial rent guideline until the tenancy ends.

e. Prior to first occupancy of the affordable rental dwelling units referenced above, the owner shall work with the City's Shelter Support and Housing Administration staff and make every reasonable effort to select the first tenant for each such affordable rental dwelling unit, to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Shelter Support and Housing Administration.

5. Before introducing the necessary Bills to City Council for enactment, require the owner to enter into a Section 37 Agreement as a legal convenience to support development which will include the following:

a. The owner shall agree to enter into a Pedestrian Clearway Easement as a NOAC and Site Plan Agreement Condition, to the satisfaction of the Executive Director, Engineering and Construction Services including the preparation of a draft Reference Plan as required.

b. The owner shall agree to the construction of the Pedestrian Clearway Easement, and all the sidewalks along Dundas Street West, Durie Street and Beresford Avenue to be paid for and constructed by the owner to the satisfaction of the General Manager, Transportation Services.

c. The owner shall agree to secure a car-share provider as a NOAC and Site Plan Agreement Condition to the satisfaction of the General Manager, Transportation Services.

d. The owner shall agree to implement the mitigation measures required for noise abatement under the Class 1 area site criteria as detailed in the HGC Noise Feasibility Study (revised May, 2019).  The final design and applicable clauses would be secured through the Site Plan review process to the satisfaction of the Chief Planner and Executive Director, City Planning.

e. The owner shall agree to erect the signs requested by the Toronto Catholic District School Board and Toronto District School Board and include warning clauses as a NOAC and Site Plan Agreement Condition to the satisfaction of Toronto Catholic District School Board and Toronto District School Board staff.

6. Before introducing the necessary Bills to City Council for enactment, require the owner to submit a revised Community Facilities and Services Study to the satisfaction of the Chief Planner and Executive Director, City Planning.

7. Before introducing the necessary Bills to City Council for enactment, require the owner to submit revised plans illustrating that the minimum parking requirements of the Draft Zoning By-law Amendments are being met.

The Toronto and East York Community Council commenced a statutory public meeting on June 25, 2019 and notice was given in accordance with the Planning Act.

This application proposes to amend former City of York Zoning By-law 1-83 and City-wide Zoning By-law 569-2013 to permit a seven-storey (21.5 metres in height excluding mechanical penthouse, and 25 metres including mechanical penthouse), mixed use building containing 131 rental apartment units and 368 m2 of non-residential floor area at 3385 Dundas Street West.  The proposed development would have a Floor Space Index of approximately 3.95 times the area of the lands and would provide 127 vehicular parking spaces.

The proposed development is consistent with the Provincial Policy Statement (2014) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019). The proposed development represents an appropriate mixed use, mid rise development along this portion of Dundas Street West that would establish a positive precedent for redevelopment of the Avenue.  The proposal complies with the Mixed Use Areas and Avenues policies of the Official Plan and generally complies with the City's Mid-Rise Building Performance Standards and Addendum.  The proposal would also include a minimum of 10 affordable rental apartment units as a Section 37 benefit.

This report reviews and recommends approval of the application to amend the Zoning By-laws subject to conditions before introducing the necessary Bills to City Council for enactment.