Item - 2020.EY17.3

The City Planning Division recommends that:

1.  City Council amend the former City of North York Zoning By-law No. 7625,  as amended by Zoning By-law No. 30883, for the lands at 15 Martha Eaton Way substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment No. 5 to the report (August 20, 2020) from the Director, Community Planning, Etobicoke York District.

2.  City Council amend City of Toronto Zoning By-law No. 569-2013 for the lands at 15 Martha Eaton Way substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment No. 6 to the report (August 20, 2020) 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 satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor, such Agreement to be registered on title to the lands at 15 Martha Eaton Way, in a manner satisfactory to the City Solicitor to secure the following community benefits at the owner's expense:

a.  A cash contribution of $350,000.00 to be directed to "The Treasurer, City of Toronto" indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto for the period from the date of the execution of the Section 37 Agreement to the date of payment, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, for the following:

i.  $220,000.00 for improvements to North Park (located in Ward 5), including but not limited to a playground as well as improved park lighting and landscaping;

ii.  $100,000.00 for bicycle share stations, in close proximity to the subject site, as may be determined by the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; and

iii. $30,000.00 towards capital improvements (including a commercial/teaching kitchen) to the Community Action Resource Centre (municipally known as 1652 Keele Street).

b. In the event the cash contribution referred to above has not been used for the intended purpose within three (3) years of the By-law 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 Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands.

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

i. The owner shall continue to provide and maintain the existing 364 rental dwelling units at 15 Martha Eaton Way as rental housing, together with the new and retained associated facilities and amenities of the residential rental property, for a period of at least 20 years commencing from the date the Zoning By-law Amendments come into force and effect, 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.

ii. The owner shall provide tenants of the existing rental dwelling units on the lands with access to all indoor and outdoor amenities, within and adjacent to both the existing and proposed residential rental buildings, at no extra charge and with no pass-through of costs to the tenants, including by way of an application to the Landlord Tenant Board or any successor tribunal with jurisdiction to hear applications made under the legislation governing residential tenancies in Ontario for the purpose of obtaining an increase in residential rent above the applicable guideline. Access to, and use of, these amenities shall be on the same terms and conditions as any other resident on the subject lands.

iii. The owner shall provide, repair, operate and/or maintain, at its sole expense, improvements to the existing rental housing on the lands at 15 Martha Eaton Way, taking into account feedback obtained through the tenant survey, all to the satisfaction of the Chief Planner and Executive Director, City Planning. Such improvements shall include, but not be limited to, the following:

Prior to the first above-grade building permit:

a. Improvements to laundry facilities in the basement level of the existing residential rental building in accordance with the laundry room concept plans issued by Fay Soultanis Design Inc. on March 30, 2020. Any changes to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning.

b. Improvements to security in the existing residential rental building and on the surrounding residential rental property, including:

i. Installation of 66 new security cameras within the stairwells of the existing residential rental building, as illustrated on the architectural plans edited by Justin Hawkings on July 6, 2020. Any changes to the number and/or location of the new security cameras shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

ii. Installation of 42 new outdoor LED lamps in the existing parking lot and along the existing walkway surrounding the existing residential rental building, as illustrated in the outdoor lighting layout plans issued by All Professional Trades Inc. on August 23, 2019. Any changes to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning; and

iii. Improvements to the lobby area of the existing rental apartment building, including new lighting fixtures, new tile flooring and a new television monitor.

Prior to the occupancy of any new residential units:

c.  A new programmed outdoor amenity area with new outdoor barbeque/cooking facilities and new outdoor seating, as illustrated in the landscape plans issued by STUDIO TLA Landscape Architects on July 5, 2019. Any changes to these plans shall be to the satisfaction of the Chief  Planner and Executive Director, City Planning.

d.  An active outdoor recreational playground and aquatic splash pad, as illustrated in the landscape plans issued by STUDIO TLA Landscape Architects on July 5, 2019. Any changes to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning.

e. The costs of the improvements to the existing residential rental 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 any successor tribunal with jurisdiction to hear applications made under the legislation governing residential tenancies in Ontario for the purposes of obtaining an increase in residential rent above the applicable guideline.

f. The owner shall develop a construction mitigation plan and tenant communications strategy so that all existing tenants would have limited impact from the proposed development on the site.

iv.  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 Management Committee, and as updated by Toronto City Council at its meeting held on December 5, 6 and 7, 2017 through the adoption of item PG23.9 of the Planning and Growth Management Committee, and as may be further amended by City Council from time to time.

v. The owner, at its own expense, to design and reconstruct a minimum 2.1 m wide sidewalk, and a secondary municipal sidewalk (a minimum 1.8 m wide) along the Trethewey Drive frontage.

Etobicoke York Community Council held a statutory public meeting on September 9, 2020, and notice was given in accordance with the Planning Act.

This application proposes to amend the relevant Zoning By-laws (former City of North York Zoning By-law No. 7625, as amended by Zoning By-law No. 30883, as well as City of Toronto Zoning By-law No. 569-2013), to permit an 11-storey (38.4 m in height, including mechanical penthouse) residential infill building containing 155 rental dwelling units while retaining the existing 23-storey apartment building containing 364 rental dwelling units. The proposed building would have a total gross floor area of 13,385 m2, and when combined with the existing building's total gross floor area of 39,284 m2, would result in an overall density of 3.46 times the area of the combined lots (52,669 m2). The proposed building would be located adjacent to Trethewey Drive, in an area that currently contains passive outdoor space, an outdoor pool and a small playground.

The proposal seeks to utilize the existing three-level underground parking garage, with 14 existing spaces being removed to facilitate the development. A resulting total of 416 below grade resident parking spaces are proposed for the site. An additional 8 surface visitor parking spaces would be added to the existing roadway loop, resulting in a total of 51 surface visitor parking spaces. In addition, 264 bicycle parking spaces would be located within the existing and proposed buildings.

The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with the Growth Plan for the Greater Golden Horseshoe (2019). The proposed development represents appropriate intensification that is massed to be compatible with the existing Apartment Neighbourhoods properties in the area. The proposal addresses the Official Plan Healthy Neighbourhoods, Built Form, Public Realm and Mixed-Use policies and the City's Avenues and Mid-Rise Buildings Study and Performance Standards.

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. Provided the conditions are fulfilled, staff are of the opinion the proposed development is appropriate in this location.

Community Planning staff have submitted a Final Report (dated August 20, 2020) to Etobicoke York Community Council on the proposal to add an 11-storey residential building to the lands at 15 Martha Eaton Way (Item No. EY17.3).

In this report, staff noted the Toronto Green Standard (TGS) requirements for this development application. The TGS is a set of performance measures for green development. Applications for Zoning By-law Amendments, Draft Plans of Subdivision and Site Plan Control are required to meet and demonstrate compliance with Tier 1 of the Toronto Green Standard. Tiers 2, 3 and 4 are voluntary, higher levels of performance with financial incentives.

Staff incorrectly noted that the applicant would meet Tier 2 of the TGS when in fact the applicant has committed to meet the Tier 1 requirements. In this case, Tier 1 performance measures would be secured on site plan drawings and through a Site Plan Agreement for this site, should this application be approved.

As Recommendation 4(c)(iv) of the staff report required the applicant to meet Tier 2 of the TGS, the proposed revision is necessary to reflect what the applicant has committed to providing.