Item - 2021.TE23.9

The Toronto and East York Community Council recommends that:

1. City Council amend Former City of Toronto Zoning By-law 438-86, for the lands at 2946 to 2968 Dundas Street West substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment 5 to the report (January 29, 2021) from the Director, Community Planning, Toronto and East York District.

2. City Council amend City of Toronto Zoning By-law 569-2013, for the lands at 2946 to 2968 Dundas Street West substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment 6 to the report (January 29, 2021) from the Director, Community Planning, Toronto and East York District.

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

4.  Before introducing the Bills for the Zoning By-law Amendments to City Council for enactment, City Council require that the owner shall complete the following in relation to heritage matters:

a.  Enter into a Heritage Easement Agreement with the City for the property at 2946 (entrance addresses at 2948, 2950 and 2952) Dundas Street West in accordance with plans and drawings dated November 13, 2020 prepared by Core Architects, and on file with the Senior Manager, Heritage Planning; and the Heritage Impact Assessment, prepared by Goldsmith Borgal and Company Ltd. Architects dated May 28, 2020 and the addendum dated November 13, 2020 and on file with the Senior Manager, Heritage Planning, all subject to and in accordance with a Conservation Plan required in Recommendation 4.b. below to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning, including registration of such agreement to the satisfaction of the City Solicitor.

b.  Provide a detailed Conservation Plan, prepared by a qualified consultant, that is consistent with the conservation strategy set out in the Heritage Impact Assessment prepared by Goldsmith Borgal and Company Ltd. Architects dated May 28, 2020 and the addendum dated November 13, 2020 to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

5  City Council require, prior to final Site Plan Approval for the property located at 2946 Dundas Street West (entrance addresses at 2948, 2950 and 2952), the owner shall:

a.  Provide final site plan drawings substantially in accordance with the approved Conservation Plan required in Recommendation 4.b. above to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

b.  Have obtained final approval for the necessary Zoning By-law Amendment required for the subject property, such Amendment to have come into full force and effect.

c.  Provide a Heritage Lighting Plan that describes how the exterior of the heritage property will be sensitively illuminated to enhance its heritage character to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

d.  Submit a Signage Plan to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

e.  Provide an Interpretation Plan for the subject property, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

6.  City Council require, prior to the issuance of any permit for all or any part of the property at 2946 Dundas Street West (entrance addresses at 2948, 2950 and 2952), including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Planning, Urban Design, City Planning, the owner shall:

a.  Provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Recommendation 4.b. above, including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

b.  Provide a Letter of Credit, including provision for upwards indexing, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Planning, Urban Design, City Planning to secure all work included in the approved Conservation Plan, and approved Interpretation Plan.

c.  Provide full documentation of the existing heritage property at 2946 Dundas Street West (entrance addresses at 2948, 2950 and 2952), including two (2) printed sets of archival quality 8” x 10” colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set on a CD in tiff format and 600 dpi resolution keyed to a location map, elevations and measured drawings, and copies of all existing interior floor plans and original drawings as may be available, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

7.  City Council require, prior to the release of the Letter of Credit required in Recommendation 6.b. above, the owner shall:

a.  Provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work and the required interpretive work has been completed in accordance with the Conservation Plan and Interpretation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

b.  Provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

8. City Council approve the Rental Housing Demolition Application File 19 124759 STE 04 RH in accordance with Chapter 667 of the Toronto Municipal Code and pursuant to Section 111 of the City of Toronto Act, 2006 which allows for the demolition of eight (8) existing rental dwelling units located at 2946, 2948, 2950 and 2952 Dundas Street West, subject to the following conditions:

a.  The owner shall provide and maintain eight (8) replacement rental dwelling units on the subject site for a period of at least 20 years beginning from the date that each replacement rental dwelling unit is first occupied and, during which time, no application may be submitted to the City for condominium registration, or for any other conversion to a non-rental housing purpose, or for demolition without providing for replacement during the, at minimum, aforesaid 20 year period; the eight (8) replacement rental dwelling units shall be comprised of one (1) two-bedroom unit and seven (7) three-bedroom units as generally illustrated in the plans submitted to the City Planning dated January 18, 2021. Any revision to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

b.  The owner shall, as part of the eight (8) replacement rental dwelling units required in Recommendation 8.a above, provide at least one (1) two-bedroom and seven (7) three-bedroom replacement rental units at affordable rents, as currently defined in the City's Official Plan, for a period of at least 10 years beginning from the date of first occupancy of each unit;

c.  The owner shall provide an acceptable tenant relocation and assistance plan for all Eligible Tenants of the eight (8) existing rental dwelling units proposed to be demolished at 2946, 2948, 2950 and 2952 Dundas Street West, addressing the right to return to occupy one of the replacement rental dwelling units at similar rents and other assistance to mitigate hardship. The tenant relocation and assistance plan shall be developed in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning;

d.  The owner shall provide tenants of all eight (8) replacement rental dwelling units with access to, and use of, all indoor and outdoor amenities in the proposed new mixed-use building at no extra charge. Access to, and use of, these amenities shall be on the same terms and conditions as any other resident of the building without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings;

e.  The owner shall provide ensuite laundry in each replacement rental dwelling unit within the mixed-use building at no additional cost to tenants;

f.  The owner shall provide central air conditioning in each replacement rental dwelling unit within the proposed mixed-use building;

g.  The owner shall provide tenants of the eight (8) replacement rental dwelling units with access to all bicycle and visitor parking on the same terms and conditions as any other resident of the proposed mixed-use building;

h.  The owner shall enter into, and register on title at 2946, 2948, 2950 and 2952 Dundas Street West, one or more agreement(s), to secure the conditions outlined in Recommendations 8.a. through 8.g. above, including an agreement pursuant to Section 111 of the City of Toronto Act, 2006, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

9. City Council authorize the Chief Planner and Executive Director, City Planning, to issue Preliminary Approval of the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code for the demolition of the eight (8) existing rental dwelling units located at 2946, 2948, 2950 and 2952 Dundas Street West after all the following have occurred:

a.  All conditions in Recommendation 8 above have been fully satisfied and secured;

b.  The Zoning By-law Amendments have come into full force and effect;

c.  The issuance of the Notice of Approval Conditions for site plan approval by the Chief Planner and Executive Director, City Planning or their designate, pursuant to Section 114 of the City of Toronto Act, 2006;

d.  The issuance of excavation and shoring permits (conditional or full permit) for the approved development on the site;

e.  The owner has confirmed, in writing, that all existing rental dwelling units proposed to be demolished are vacant; and

f.  The execution and registration of an agreement pursuant to Section 37 of the Planning Act securing Recommendations 8.a through 8.g above.

10. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning has given Preliminary Approval referred to in Recommendation 9 above.

11. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Residential Demolition Permit under Section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for 2946, 2948, 2950 and 2952 Dundas Street West after the Chief Planner and Executive Director, City Planning has given Preliminary Approval referred to in Recommendation 10 above, which may be included in the Rental Housing Demolition Permit under Chapter 667 pursuant to section 6.2 of Chapter 363, on condition that:

a.  The owner removes all debris and rubble from the site immediately after demolition;

b.  The owner erects solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building;

c.  The owner erects the proposed mixed-use building on site no later than four (4) years from the date that the demolition of such building commences, subject to the timeframe being extended to the discretion of the Chief Planner and Executive Director, City Planning; and

d.  Should the owner fail to complete the proposed mixed-use building within the time specified in Recommendation 11.c. above, the City Clerk shall be entitled to enter on the collector’s roll, as with municipal property taxes, an amount equal to the sum of twenty thousand dollars ($20,000.00) per dwelling unit for which a demolition permit is issued, and that such amount shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.

12. 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, including provisions for indemnity, insurance, financial security, maintenance, HST and indexing, as applicable, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, as follows:

a.  The community benefits recommended to be secured in the Section 37 Agreement are as follows:

i.  The owner shall design and construct six (6) affordable rental dwelling units comprising at least 464.5 square metres of residential Gross Floor Area within an approved development at 2946-2968 Dundas Street West, substantially in accordance with the Affordable Rental Housing Terms and Conditions, with any amendments to such terms as deemed appropriate by the Chief Planner and Executive Director, City Planning, the Executive Director, Housing Secretariat, and the City Solicitor, in consultation with the Ward Councillor;

ii.  The six (6) affordable rental dwelling units referenced in 12.a.i. above shall be provided and maintained as two (2) one-bedroom units, two (2) two-bedroom units and two (2) two three-bedroom units in the new mixed-use building, as follows:

A.  The total Gross Floor Area of the affordable rental dwelling units shall be at least 464.5 square metres.

B.  The general configuration, unit size and layout of the six (6) affordable rental dwelling units in the new mixed-use building shall be to the satisfaction of the Chief Planner and Executive Director, City Planning.

C.  The owner shall provide and maintain the six (6) affordable rental dwelling units as rental dwelling units for a minimum of 99 years, beginning with the date 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 shall be made for at least 99 years from the date of first occupancy. Upon the expiration of the 99 year period, 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.

D.  During the first 99 years of occupancy, increases to initial 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.

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

i.  An acceptable tenant relocation and assistance plan shall be developed and implemented to mitigate hardship for existing tenants of the existing eight (8) rental dwelling units proposed to be demolished. The tenant relocation and assistance plan shall be developed in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning.

ii.  The owner shall construct and maintain, at its own expense, an area of not less than 85.95 square metres in a plaza on the north east corner of Dundas Street West and Pacific Avenue, for use by the general public as privately owned publicly accessible open space (POPS) with the specific location, configuration and design to be determined and secured in the context of site plan approval to the satisfaction of the Chief Planner and Executive Director, City Planning.

iii.  Prior to the issuance of the first above-grade building permit, the owner shall prepare all documents and convey, on terms set out in the Section 37 Agreement, an access easement in favour of the City in perpetuity, including support rights as applicable, for public use of the POPS, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

iv.  Prior to issuance of the first above-grade building permit, the owner shall prepare all documents and convey, on terms set out in the Section 37 Agreement, a road widening of 0.98 metres along the rear of the property for the laneway to the City across the full width of the site, all to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services and the City Solicitor.

v.  Prior to issuance of the first above-grade building permit, the owner shall prepare all documents and convey, on terms set out in the Section 37 Agreement, an access easement in favour of the City in perpetuity, including support rights as applicable, for public pedestrian and vehicular use of the rear access having a width of not less than 3.05 metres from the north property boundary at the north east corner of the site and a length of 6.10 metres from the east property boundary to the west then widening to a width of not less than 4.57 metres for the remaining full width of the site, all to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services and the City Solicitor. Such access easement shall include use associated with properties adjacent to the east to provide a pedestrian and vehicular link to Jackson Lane and public connection from Jackson Lane to Pacific Avenue.

vi.  The owner shall, at its own expense, construct and maintain the rear access lands, referred to in Recommendation 12.b.v. above, to the standard required of a public lane to the satisfaction of the General Manager, Transportation Services, with the design, details and configuration to be determined and secured in the context of site plan approval.

vii.  The owner shall, at its own expense, construct and maintain the rear access lands, referred to in Recommendation 12.b.v. above, to the standard required of a public lane to the satisfaction of the General Manager, Transportation Services, with the design, details and configuration to be determined and secured in the context of site plan approval.

viii.  The owner shall pay for and construct any improvements to the municipal infrastructure in connection with the site servicing report, as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that upgrades to such infrastructure are required to support this development.

ix.  The owner shall satisfy applicable signage requirements of the Toronto District School Board and the Toronto Catholic District School Board and shall insert warning clauses in purchase and sale/tenancy agreements as required in connection with student accommodation.

x.  The owner shall satisfy the requirements of Metrolinx and Canadian Pacific Railway, particularly regarding noise and vibration attenuation requirements and operational easement requirements, and shall insert any warning clauses in purchase and sale/tenancy agreements as required in connection with noise and vibration. 

xi.  The conveyance of any easement or fee simple interest of lands to the City as contemplated in this Recommendation 12, shall be at no cost to the City, for nominal consideration and free and clear of encumbrances to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning as well as the General Manager, Transportation Services, as the case may be, and the cost of preparation and deposit of accepted reference plans shall also be at the owner's expense.

xii.  The owner shall, at its own expense, address the following matters in any application for site plan approval for the development, which shall be determined and secured in a site plan agreement with the City, as applicable, all to the satisfaction of the Chief Planner and Executive Director, City Planning:

A. Incorporation in the construction of the building of exterior materials shown on 1:50 scale drawings as approved by the Chief Planner and Executive Director, City Planning and submitted as part of the Site Plan Approval process;

B. Provision of on-site dog-relief facilities, with the location, nature and size of the facilities to be determined through the site plan approval process to the satisfaction of the Chief Planner and Executive Director, City Planning;

C. Reconstruction of the City sidewalks to City standards along the frontages of Dundas Street West and Pacific Avenue Road, to the satisfaction of the General Manager, Transportation Services;

D. Incorporation of signage to identify the proposed privately owned publicly accessible open space (POP) to be located in a plaza on the north and east corner of Dundas Street West and Pacific Avenue; and

E. The construction management plan include on-site contact during the construction process for residents and stakeholders to contact.

13.  City Council require the owner to construct and maintain the development of the site in accordance with Tier 1, Toronto Green Standard, and the Owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the site.

The Toronto and East York Community Council held a statutory public meeting on February 24, 2021 and notice was given in accordance with the Planning Act.

This application proposes redevelop the lands at 2946-2968 Dundas Street West. The Zoning By-law Amendment and Rental Housing Demolition applications propose an 8-storey mixed-use building with 120 dwelling units, including 8 rental replacement units, 1,973 square metres of retail space and 1,660 square metres of office space.

The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020).

This report reviews and recommends approval of the application to amend the Zoning By-law.  The application proposes a compact built form on a site that is appropriate for intensification, within an Avenue, and includes affordable housing, rental replacement, on site POPS, conservation of heritage resources, while replacing the existing and providing additional retail and office space.