Item - 2020.NY13.1

North York Community Council recommends that:

1. City Council amend Zoning By-law 7625 for the lands at 2788 Bathurst Street and 515 Glencairn Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (January 20, 2020) from the Director, Community Planning, North York District.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 2788 Bathurst Street and 515 Glencairn Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to the report (January 20, 2020) from the Director, Community Planning, North York District.

3. City Council authorize the City Solicitor to make such stylistic and technical changes to the Zoning By-law Amendments as may be required.

4. Before introducing the necessary Bills to City Council for enactment, City Council require that the owner shall:

a. submit a revised Functional Servicing 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 Recommendation 4.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 Recommendation 4.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 $1,300,000.00.

ii. the amounts secured in Recommendation 4.d.i. above will be used towards the following community benefits: 

1. 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 public realm safety and security enhancements along the Bathurst corridor, as identified by the Better Bathurst working group and local Councillor; and

2. streetscaping and public realm improvements nearby the site, (Better Bathurst) 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;

iii. on site parkland dedication of 687.35 square metres in excess of the required parkland dedication to be conveyed to the satisfaction of the General Manager, Parks, Forestry and Recreation;

iv. the financial contribution referred to in Recommendation 4.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; and     

v. in the event the cash contribution referred to in Recommendation 4.d. above has 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 the 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. a cash contribution of $50,000.00 (the value of one station) to the expansion of the City's bike share program within the Ward; and

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

5. 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; 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.

6. Prior to the issuance of the first above grade building permit, City Council direct that the owner shall be required to convey the 0.12505 hectares (1,250.50 square metres) portion of the development site for public parkland purposes to the satisfaction of the General Manager, Parks, Forestry and Recreation.  

7. City Council direct that the subject parkland conveyance is to be free and clear, above and below grade of all physical obstructions and easements, encumbrances and encroachments, including surface and subsurface easements, unless otherwise approved by the General Manager, Parks, Forestry and Recreation.

8. City Council direct the applicant to provide at least 20 percent of the 240 parking spaces proposed with Electric Vehicle Supply Equipment in their development for the residents of the project.

North York Community Council held a statutory public meeting on February 5, 2020 and notice was given in accordance with the Planning Act. No one addressed the North York Community Council on February 5, 2020.

This report reviews and recommends approval of the application 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 2788 Bathurst Street and 515 Glencairn Avenue.  The application proposes to construct a mixed-use mid-rise 9 storey building with a height of 33.5 metres (excluding mechanical penthouse).  The building would have a total floor area of approximately 24,700 square metres, consisting of 1,000 square metres of street related retail space, approximately 1,600 square metres of hotel space with 23 suites, and 22,110 square metres of residential space with a total of 120 residential dwelling units resulting in a net density 5.05 times the area of the lot.  The density of the lot including the area to be dedicated as parks and for the road widening (gross density) is 3.9 times the area of the lot.  A large number of two and three bedroom units are proposed with large unit sizes.  Grade related townhouses and approximately 200 square metres of retail space would face a proposed public park on the west portion of the site.  The development would include approximately 1,000 square metres of indoor amenity space and 650 square metres of outdoor amenity space. The applicant is proposing an on-site park dedication of 1,250.50 square metres on the west side of the site whereas a parkland dedication of 563.15 square metres is required; this represents a 687.35 square metre over dedication of parkland.

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 conforms to A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019) as it provides a compact built form in an area identified as appropriate for growth in the City's Official Plan. 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. A mix of uses including residential, commercial and the provision of a new public park are proposed on site which contribute to the creation of a complete community in this area.

This report reviews and recommends approval of the application to amend the Zoning By-laws. The development is contributing to the mix of uses and variety of housing types available on an Avenue in the City of Toronto with the provision of an on-site public park, contributing to the creation of a complete community in this area.