Item - 2019.EY3.2

Etobicoke York Community Council recommends that:

1.  City Council amend the former City of Etobicoke Zoning Code (amending By-law No. 717-2006) for the lands at 4125-4133 Dundas Street West substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment 5 to the report (January 28, 2019) from the Director, Community Planning, Etobicoke York District.

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 to enter into an Agreement pursuant to Section 37 of the Planning Act to secure the following matters:

a.  The owner shall provide and maintain not less than 12 replacement rental dwelling units, comprised of 2 bachelor units, 3 one-bedroom units, 6 two-bedroom units and 1 three-bedroom unit, at 4125 - 4133 Dundas Street West for a period of at least 20 years, as generally shown on the plans submitted to the City Planning Division dated July 11, 2018. Any revision to these plans must be to the satisfaction of the Chief Planner and Executive Director, City Planning;

b.  The owner shall provide at least 2 bachelor, 3 one-bedroom, and 4 two- bedroom replacement rental dwelling units at affordable rents, for a period of at least 10 years and at least 2 two-bedroom and 1 three bedroom replacement rental dwelling units at mid-range rents for a period of at least 10 years, beginning from the date that each replacement rental dwelling unit is first occupied;

c.  The owner shall provide ensuite laundry in all replacement rental dwelling  units;

d.  The owner shall provide storage lockers to all tenants of the replacement rental dwelling units;

e.  The owner shall provide tenants of the replacement rental dwelling units  access to all the indoor and outdoor amenity spaces in the building on the same terms and conditions as the occupants of the remainder of the building;

f.  The owner shall provide tenants of the replacement rental dwelling units  with access to at least 6 residential vehicle parking spaces, with returning tenants who were using one of the existing resident parking spaces receiving first priority, and bicycle parking spaces equal to the same ratio as bicycle parking spaces required to be provided for occupants of the remainder of the building;

g.  The owner shall provide tenant relocation and assistance to each eligible tenant within the existing rental buildings, including an extended notice period, financial compensation beyond the minimum requirements set out in the Residential Tenancies Act, and the right to return to a replacement rental dwelling unit for all of the tenants (the "Tenant Relocation and Assistance Plan"), all of which shall be to the satisfaction of the Chief Planner and Executive Director, City Planning; and

h.  The owner shall enter into, and register on title, one or more Agreement(s) to secure the conditions outlined in Recommendations 3.a. to g. above and as detailed in the Draft Zoning By-law Amendment (Attachment 5) to the report (January 28, 2019) from the Director, Community Planning, Etobicoke York District, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

4.  City Council approve the application for a Rental Housing Demolition permit in accordance with Municipal Code Chapter 667 to allow the demolition of 12 existing rental dwelling units at 4125-4133 Dundas Street West subject to the following conditions:

a.  The owner shall provide and maintain not less than 12 replacement rental dwelling units, comprised of 2 bachelor units, 3 one-bedroom units, 6 two-bedroom units and 1 three-bedroom unit, at 4125 - 4133 Dundas Street West for a period of at least 20 years, as generally shown on the plans submitted to the City Planning Division dated July 11, 2018. Any  revision to these plans must be to the satisfaction of the Chief Planner and  Executive Director, City Planning;

b.  The owner shall provide at least 2 bachelor, 3 one-bedroom, and 4 two-bedroom replacement rental dwelling units at affordable rents for a period of at least 10 years and at least 2 two-bedroom and 1 three-bedroom replacement rental dwelling units at mid-range rents for a period of at least 10 years, beginning from the date that each replacement rental dwelling unit is first occupied;

c.  The owner shall provide ensuite laundry in all replacement rental dwelling units;

d.  The owner shall provide storage lockers to all tenants of the replacement rental dwelling units;

e.  The owner shall provide tenants of the replacement rental dwelling units  access to all the indoor and outdoor amenity spaces in the building, on the same terms and conditions as the occupants of the remainder of the building;

f.  The owner shall provide tenants of the replacement rental dwelling units with access to at least 6 residential vehicle parking spaces with returning tenants who were using one of the existing resident parking spaces receiving first priority, and bicycle parking spaces equal to the same ratio as bicycle parking spaces required to be provided for occupants of the remainder of the building;

g.  The owner shall provide tenant relocation and assistance to each eligible tenant within the existing rental buildings, including an extended notice period, financial compensation beyond the minimum requirements set out in the Residential Tenancies Act, and the right to return to a replacement rental dwelling unit for all of the tenants (the "Tenant Relocation and Assistance Plan"), all of which shall be to the satisfaction of the Chief Planner and Executive Director, City Planning; and

h.  The owner shall enter into and register on title one or more Agreement(s) to secure the conditions outlined in Recommendations 4.a. to g. above and as detailed in the Draft Zoning By-law Amendment (Attachment 5) to the report (January 28, 2019) from the Director, Community Planning, Etobicoke York District, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning including an agreement pursuant to Section 111 of the City of Toronto Act, 2006.

5.  City Council authorize the Chief Planner and Executive Director, City Planning to issue a preliminary approval for the application under Municipal Code Chapter 667 for the demolition of the 12 rental dwelling units at 4125 - 4133 Dundas Street West after all of the following have occurred:

a.  Satisfaction or securing of the conditions in Parts 3 and 4 above;

b.  The Zoning By-law Amendment has 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 his designate, pursuant to Section 114 of the City of Toronto Act, 2006;

d.  The issuance of excavation and shoring permits for the approved  redevelopment of the site; and

e.  The execution and registration of a Section 37 Agreement pursuant to the Planning Act securing Parts 4.a-g. above and any other requirements of the Zoning By-law Amendment.

6.  City Council authorize the Chief Building Official to issue a Rental Housing Demolition permit under Municipal Code Chapter 667 for 4125-4133 Dundas Street West after the Chief Planner and Executive Director, City Planning has given the preliminary approval referred to in Part 5 above for the demolition of the existing 12 rental dwelling units.

7.  City Council authorize the Chief Building Official to issue a permit under Section 33 of the Planning Act for the demolition of 12 existing residential units at 4125-4133 Dundas Street West no earlier than the issuance of the first Building Permit for excavation and shoring of the development and after the Chief Planner and Executive Director, City Planning has given the preliminary approval referred to in Part 5 above, which permit may be included in the demolition permit for Chapter 667 under 363-11.1, of the Municipal Code, on the condition that: 

a.  The owner erect a residential building on site no later than (three) 3 years from the day demolition of the buildings is commenced; and

b.  Should the owner fail to complete the new building within the time specified in Part 7a above, the City Clerk shall be entitled to enter on the collector’s roll, to be collected in a like manner as municipal taxes, the sum of twenty thousand dollars ($20,000.00) for each dwelling unit for which a demolition permit is issued, and that each sum shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.

8.  City Council authorize the appropriate City officials to take such actions as are necessary to implement the foregoing, including execution of the Section 111 Agreement.

9.  City Council require the following to be secured through a Site Plan Agreement:

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

b.  The owner shall satisfy the requirements of the Toronto District School Board regarding warning clauses and signage with respect to school accommodation issues.

c.  The owner shall address and secure other matters including: wind study requirements, road widenings and conveyance, streetscaping improvements, and the design/location of the TTC bus shelter through the Site Plan process.

Etobicoke York Community Council held a statutory public meeting on February 14, 2019, and notice was given in accordance with the Planning Act.

The Zoning By-Law Amendment application proposes to amend the Etobicoke Zoning Code (amending By-law No. 717-2006) and to lift the Holding Provision "(h)" from the site to permit an 8-storey (31.9 m in height, including the mechanical penthouse) residential building with 114 units (including 12 proposed replacement rental dwelling units and 10 at grade residential units integrated into the building podium) and a below grade parking garage at 4125-4133 Dundas Street West. The proposed development would include a residential gross floor area of 9,868 m² representing an overall building density of 3.29 times the lot area.

The applicant is proposing to demolish three existing buildings on the site including one 3-storey residential rental building with 6 rental dwelling units, one 2-storey mixed-use building with 6 rental dwelling units and one commercial building.

An application for Rental Housing Demolition and Conversion under Section 111 of the City of Toronto Act (Chapter 667 of the Municipal Code) has been submitted to permit the demolition of the 12 existing rental dwelling units at 4125-4133 Dundas Street West. The applicant has proposed to replace all existing rental dwelling units within the proposed building and provide tenant relocation and assistance to all eligible tenants.

The proposal is appropriate for the site and is compatible with the existing surrounding area and the planned context. Further, the proposal is consistent with the pattern and scale of redevelopment along Dundas Street West in this area and represents appropriate intensification and built form on an Avenue. The proposed development conforms to Site and Area Specific Policy 277, the Dundas Street West Avenue Area Urban Design Guidelines and supports the vision of the Dundas Street West Avenue Study.

The proposed development is consistent with the Provincial Policy Statement (2014), conforms with the Growth Plan for the Greater Golden Horseshoe (2017) and conforms to the City of Toronto Official Plan.

Staff recommend lifting of the “H” Holding Symbol from the site as conditions pertaining to availability of all road improvements, infrastructure, servicing and school capacity to accommodate the proposed development are satisfied.

This report reviews and recommends approval of the application to amend the Zoning By-law and lifting of the "H" Holding Symbol from the site as set out in Attachment 5 to this report. Further, this report reviews and recommends approval of the application for Rental Housing Demolition Application under Section 111 of the City of Toronto Act, subject to conditions.