Item - 2020.TE19.1

The Toronto and East York Community Council recommends that:

1. City Council amend former City of Toronto Zoning By-law 438-86, as amended for the lands at 74, 82, 130, 150, 160 and 162 Dunn Avenue, 74 and 78 Springhurst Avenue, and 1, 3, 5, 7, 9, 11, 13, 15 and 17 Close Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (September 21, 2020) from the Director, Community Planning, Toronto and East York District.

2. City Council amend City-Wide Zoning By-law 569-2013 for the lands at 74, 82, 130, 150, 160 and 162 Dunn Avenue, 74 and 78 Springhurst Avenue, and 1, 3, 5, 7, 9, 11, 13, 15 and 17 Close Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (September 21, 2020) from the Director, Community Planning, Toronto and East York District.

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

5. Before introducing the Bills to City Council for enactment, City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act for the purpose of securing the following matters as a legal convenience to support the development, with no cost pass-through to the residents of the existing rental buildings, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor:

a. The owner shall secure and maintain twelve existing affordable rental dwelling units collectively on the properties at 5, 7, 9, 11, 13 and 15 Close Avenue, 74 and 78 Springhurst Avenue and 74 and 82 Dunn Avenue as rental housing for a period of at least 49 years from the date that the Zoning By-law comes into full force and effect. The owner covenants and agrees that during the 49-year period, it shall not apply to convert any of the existing rental dwelling units to a non-residential purpose, demolish any of the existing rental dwelling units or register the existing affordable rental dwelling units under the Condominium Act, 1998, without replacing any such affordable rental dwelling units on the Lands;

 
b. The owner acknowledges that it shall maintain the existing affordable rental dwelling units at 74 and 82 Dunn Avenue 5, 7, 9, 11, 13 and 15 Close Avenue, and 74 and 78 Springhurst Avenue and or any replacement units in accordance with the City's Property Standards By-law (Chapter 629 of the Toronto Municipal Code), all to the satisfaction of the Executive Director, Municipal Licensing and Standards 

 
c. The owner acknowledges that it shall maintain the existing affordable rental dwelling units at 74 and 82 Dunn Avenue 5, 7, 9, 11, 13 and 15 Close Avenue, and 74 and 78 Springhurst Avenue or any replacement units in accordance with the Ontario Building Code, O Reg 332/12, all to the satisfaction of the Chief Building Official and Executive Director, Toronto Building 

 
d. The owner agrees that if a planning application is submitted to the City to increase the existing residential permissions on any of the lands municipally known as 74 and 82 Dunn Avenue, 1, 3, 5, 7, 9, 11, 13, 15 and 17 Close Avenue, and 74 and 78 Springhurst Avenue, Council may, in its sole unfettered discretion, require the replacement of any of the existing affordable rental dwelling units proposed to be demolished and any rental dwelling units that have been demolished or deemed uninhabitable as of the date of the report supporting this by-law. For clarity, such rental dwelling units that have been demolished or deemed uninhabitable were previously located at 1, 3 and 17 Close Avenue;

 
e. Prior to final Site Plan Approval for the addition to the long-term care facility, the owner shall provide a Construction Mitigation and Tenant Communication Strategy and, thereafter, the owner shall implement such strategy; and

f. Prior to issuance of any below grade permit, require the owner to submit a construction management plan to the satisfaction of the Manager, Transportation Services and the Director, Community Planning, Toronto and East York District, in consultation with the Ward Councillor, and thereafter shall implement the plan during the course of construction.  The Construction Management Plan will include, but not be limited to, the size and location of construction staging areas, location and function of gates, information on concrete pouring, lighting details to ensure that safety lighting does not negatively impact adjacent residences, construction vehicle parking and queuing locations, refuse storage, site security, site supervisor contact information, a communication strategy with the surrounding community, and any other matters requested by the Manager, Transportation Services and the Director, Community Planning, Toronto and East York District, in consultation with the Ward Councillor.

The Toronto and East York Community Council held a statutory public meeting on October 15, 2020 and notice was given in accordance with the Planning Act.

This application proposes to construct a 6-storey, 192-bed long-term care addition to the University Health Network's (UHN) existing four-storey Lakeside Long-term Care Centre at 150 Dunn Avenue, and secure the rental tenure of all existing rental dwelling units located at 74 and 82 Dunn Avenue, 1, 3, 5, 7, 9, 11, 13, 15 and 17 Close Avenue and 74 and 78 Springhurst Avenue.

The UHN owns the majority of properties in the block bounded by King Street West, Close Avenue, Dunn Avenue and Springhurst Avenue. The properties are developed with both institutional and house-form buildings, including the EW Bickle Centre for Complex Continuing Care, the existing Lakeside Long-term Care Centre, and the Sunflower House Child Care Centre fronting onto Dunn Avenue. UHN has indicated their intention to continue with institutional uses on these 130, 150, 160 and 162 Dunn Avenue properties for the foreseeable future. UHN has also indicated their intention to continue residential use on the house-form buildings fronting onto Close, Dunn and Springhurst Avenues. 

The original Zoning By-law Application proposed an O-shaped addition to the long-term care facility, inclusive of one level of underground parking, and comprised the lands at 130, 150, 160 and 162 Dunn Avenue. The UHN has revised their application, now proposing a C-shaped building with a south-facing courtyard, and removal of the underground parking. The revised proposal represents a scale of development that is appropriate for the neighbourhood, fits in with the built form character of various building types and heights within the surrounding area, and serves to create much needed additional long-term care service in the city.

The revised proposal now includes all 17 properties within the block bounded by Dunn Avenue, Close Avenue, Springhurst Avenue, and King Street West. The revision of the application to include all UHN's properties is for the purpose of securing the rental tenure of all existing rental dwelling units contained within the buildings owned and operated by UHN in a Section 37 Agreement to be registered on title to the UHN lands. This proposal supports the City's objective of preserving affordable rental housing.

This report is related to a separate report being prepared by the Housing Secretariat that is scheduled to be submitted to the October 20th Planning and Housing Committee meeting, and then considered at the October meeting of City Council. The Housing Secretariat report will set out a proposed framework for a City / UHN partnership to protect the existing residential uses on the UHN lands, and create new supportive housing opportunities as part of a larger future redevelopment of the lands. The first phase of that work is proposed to be a visioning and master planning exercise of the UHN lands in consultation with the local Councillor and community.

The proposed Zoning By-law Amendment Application is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019).

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