Item - 2018.EY32.3

Etobicoke York Community Council recommends that:

1.  City Council amend Site Specific Zoning By-law No. 735-2014 (OMB), for the lands at 5365 Dundas Street West substantially in accordance with the Draft Zoning By-law Amendment, attached as Attachment No. 8 to the report (June 29, 2018) from the Director, Community Planning, Etobicoke York District, with Attachment 8 amended as follows: 

1.  Delete clause (g) from Section 3, Definitions, and insert instead the following:

(g)  “Height” means the vertical distance between grade and the highest point of the roof surface of the building, but shall exclude mechanical equipment, mechanical penthouses, telecommunications equipment, green roof elements, equipment for the production of energy, decorative features, parapets, stairs and stair enclosures, located on the roof of such building provided the maximum height of the top of such elements is no higher than 5 metres above the roof line of the Phase 2 buildings and 5.5 metres of the Phase 3 buildings.

 2.  Add the following use to Section 4, Permitted Uses:

(a)  "Apartment building"

3.  Delete clause (b) from Section 6, Number of Residential Units, and insert instead the following:

(b)   A maximum of 715 residential units shall be permitted on Phase 3.

4.  Amend Section 8(d) to now read as follows:

Section 8(d), The minimum building stepbacks shall be as follows:

i. Each tower permitted on Phase 3 shall be stepped back from the edge of the podium on which it is located by a minimum of 2.8 metres on the north and south sides and 3.0 metres on the east and west sides.

5.  Delete clause (e) from Section 11, Parking and Loading Requirements for Phase 3, and insert instead the following:

(e) Should the residential unit count achieve 400 units or greater for either Building A or Building B, one (1) additional loading space would be required with a minimum length of 6.0 metres, a minimum width of 3.5 metres, and a minimum vertical clearance of 3.0 metres.

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

3.  Before introducing the necessary Bills to City Council for enactment, City Council require the owner of the lands at 5365 Dundas Street West to submit a revised Functional Servicing and Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services. 

4.  Before introducing the necessary Bills to City Council for enactment, City Council require the owner of the lands at 5365 Dundas Street West to enter into an Amending Section 37 Agreement which would amend the March 1, 2005 Section 37 Agreement registered on title for 5365 Dundas Street West. The following matters are recommended to be secured in the Amending Section 37 Agreement as a legal convenience to support development:

a.  The owner shall provide at its sole expense a minimum total area of 995 m2 of Privately Owned Publicly-Accessible Open Space (POPS) on the Phase 2 lands and grant public access easements to and over the POPS in favour of the City. The specific location, configuration, and design of the POPS is to be determined in the context of the Phase 2 Site Plan Control application process, pursuant to Section 114 of the City of Toronto Act, 2006, as amended, and as applicable, Section 41 of the Planning Act, as amended, and secured in a Site Plan Agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the City Solicitor. The owner may use the Phase 2 POPS for special events on a limited basis, with terms of its usage to be to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the City Solicitor.

The owner shall be permitted to use the southmost 12 metres of the central openspace (including the southmost 7 metres of the POPS), a total area of no more than 540 m2 of which 225 m2 (approximately) is within the POPS, for construction staging activities related to the construction of Phase 3.

The full extent of the POPS (995 m2) shall be provided to the City prior to the earlier of condominium registration or first residential occupancy of any building on the Phase 3 lands, or December 31, 2025.  After 2025, any extension of this timeline is at the sole discretion of the Director, Community Planning, Etobicoke York District.  The exact outline of the staging area will be to the satisfaction of the Director of Community Planning, Etobicoke York District and will be secured as a legal convenience in the Section 37 agreement.

b. The owner will provide a subsurface TTC property interest, in strata fee or permanent easement, and related rights of support, for the future extension of the Bloor Danforth Subway line located in the Phase 3 lands, prior to the earlier of first residential occupancy for any building in Phase 2,  condominium registration for any building in Phase 2 or the lifting of the 'h' for the Phase 3 lands, to the satisfaction of Chief Planner and Executive Director, City Planning, in consultation with the City Solicitor.

c.  The owner shall submit an application for TTC Technical Review of proposed development on the Phase 3 lands and obtain TTC approval prior to Site Plan Approval for the Phase 3 lands.

d. Prior to Site Plan Approval for the Phase 2 lands, the owner agrees to a third party peer review of the Noise Feasibility and Vibration Study, prepared by Howe Gastmeier Chapnik Limited, dated November 7, 2017. The review is to be funded by the owner, and the qualified professional shall be retained by the City. The owner will construct and maintain any noise mitigation measures for the Phase 2 lands as required by the third party peer review of the Noise Feasibility Study, prepared by Howe Gastmeier Chapnik Limited, dated November 7, 2017, to the satisfaction of the Chief Planner and Executive Director, City Planning.

e.  The owner shall submit a Noise Feasibility and Vibration Study for the Phase 3 lands as part of a Site Plan Control application for the Phase 3 lands and agrees to fund a qualified professional, retained by the City, to conduct a third party peer review of the submitted Noise Feasibility and Vibration Study .  The owner shall construct and maintain any noise mitigation measures for the Phase 3 lands as required by the third party peer review of the Phase 3 Noise Feasibility and Vibration Study, secured through the Site Plan Control application process, to the satisfaction of the Chief Planner and Executive Director, City Planning.

f.  Prior to Site Plan Approval for the Phase 2 lands, the owner, at its sole expense, shall be responsible for the cost of addressing any servicing capacity issues and shall enter into development or servicing agreements as may be necessary to address the required municipal upgrades as described in “Phase 2 Redevelopment of 5365 Dundas Street West, City of Toronto, St. Albans Road Sanitary Sewer Replacement, Pre-Design Report, Site Plan Approval Application – Third Submission," dated March 29, 2018, and prepared by RV Anderson Associates Limited, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

g.    Prior to Site Plan Approval for the Phase 2 lands, the owner shall post and maintain signs on the Phase 2 lands which are clearly visible from the public sidewalk and which contain wording regarding the insufficient space in local schools to accommodate students from this and other nearby developments, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Toronto District School Board.

h.    Prior to Site Plan Approval for the Phase 3 lands, the owner shall post and maintain signs on the Phase 3 lands which are clearly visible from the sidewalk of Thomas Riley Road and which contain wording regarding the insufficient space in local schools to accommodate students from this and other nearby developments, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Toronto District School Board.

i.    The owner shall include warning clauses regarding school accommodation in all agreements of purchase and sale or residential tenancy agreements for developments on the Phase 2 and 3 lands, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Toronto District School Board.

j.    The Amending Section 37 Agreement shall reflect the change to the proposed number of roads, revised from one road to three roads, to be constructed as part of the development on the 5365 Dundas Street West lands (Thomas Riley Road, Streets 'C' and 'D').

k.   Prior to removing the Holding provision ("h") on the Phase 3 lands, the owner shall submit a Transportation Impact Study (TIS) for the Phase 3 development addressing site accesses as well as the larger external road network to the satisfaction of the General Manager, Transportation  Services. 

l.    Prior to Site Plan Approval for the Phase 3 lands, the owner must provide Letters of Credit for the road improvements and any necessary design details, to the satisfaction of the General Manager, Transportation Services.

m.  Prior to the earlier of condominium registration or first residential occupancy on the Phase 3 lands, the owner at its sole expense shall undertake and complete the road improvements, including off-site road improvements, as per the requirements in the TIS, to the satisfaction of the General Manager, Transportation Services.

Etobicoke York Community Council held a statutory public meeting on July 4, 2018, and notice was given in accordance with the Planning Act.

This application proposes to amend the former City of Etobicoke Zoning Code, as amended by Zoning By-law No. 1088-2002 (the Etobicoke Centre Secondary Plan) and Site Specific Zoning By-law No. 735-2014 (OMB) for the Phase 2 and 3 lands to permit a mixed-use development at 5365 Dundas Street West.  The proposal would result in the redeployment of the permitted total gross floor area of 102,323 m2 in a different built form than currently permitted, with no overall increase to the gross floor area.  This gross floor area includes development on the Phase 1 lands as previously approved and currently under construction.  Also, new provisions for the four buildings in Phases 2 and 3 would be introduced to replace those currently in Zoning By-law No. 735-2014. This development is marketed as "the Kip District". 

The development in the proposed new built form would consist of four buildings.  Phase 2 would comprise 24 and 21-storey (75.9 and 65 m high, plus 3.9 m for mechanical penthouses) mixed use Buildings D and E fronting on Dundas Street West with retail uses at-grade and residential uses above having a total of 34,000 m2 of gross floor area, and 36 and 32-storey (114.4 and 102.4 m high, plus 5.5 m for mechanical penthouses) residential Buildings A and B located at the south end of the site having a total of 49,033 m2 of gross floor area.  A total of 1,487 residential dwelling units are proposed across the entire site which includes the 283 units in Building C on the Phase 1 lands having a total of 19,300 m2 of gross floor area. The permitted density is 4.23 times the area of the lands for the entire development.  Proposed for Phases 2 and 3 are three levels of below grade vehicular parking having a total of 1,298 parking spaces and 1,044 bicycle parking spaces.  In addition, the project has qualified as part of the City's Open Door Affordable Housing Program providing for 50 purpose-built affordable rental dwelling units in Building E (Phase 2).

The proposed development is consistent with the Provincial Policy Statement (2014) and conforms with the Growth Plan for the Greater Golden Horseshoe (2017).  The proposal is also in keeping with the intent of the Official Plan and complies with the Etobicoke Centre Secondary Plan.

This report reviews and recommends approval of the application to amend the Zoning By-law. The recommended Zoning By-law includes a Holding provision ("h") on the Phase 3 lands which would be lifted upon the submission of a future Transportation Impact Study, to the satisfaction of the General Manager, Transportation Services.