Item - 2020.EY13.1

Etobicoke York Community Council recommends that:

1. City Council amend former City of North York Zoning By-law No. 7625 for the lands at 4700 Keele Street substantially in accordance with the Revised Draft Zoning By-law Amendment attached as Attachment No. 1 to the report (February 3, 2020) 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 Bill to City Council for enactment, City Council require the owner to provide the final versions of the Southwest Precinct Plan, the accompanying Urban Design Guidelines and the supporting strategies, all to the satisfaction of the Director, Community Planning, Etobicoke York District.

4. Before introducing the necessary Bill 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:

a. Prior to the issuance of the first above-grade building permit, a letter of credit shall be submitted, in the City's standard form in the amount of $500,000 to secure for public art on the lands to the satisfaction of the Chief Planner and Executive Director, City Planning Division.  The owner shall submit a Public Art Plan that is in accordance with the City's Percent for Public Art Program to the satisfaction of the Chief Planner and Executive Director, City Planning Division and the terms of the Percent for Public Art Program shall be set out in the Section 37 Agreement.

b. Prior to the issuance of the first above grade building permit, the owner shall make a cash contribution to the City in the amount of $1,500,000.00 to be used for local park improvements to be determined by the Director, Community Planning, Etobicoke York District in consultation with the Ward Councillor. The financial contribution amount shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto for the period from the date of the registration of the Section 37 Agreement to the date of payment for the local park improvements.

c. In the event the cash contribution referred to in Section 4.b. above has not been used for the intended purposes within three (3) years of the By-laws coming into force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning Division, in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in Ward 7.

d. The owner shall provide a minimum of 7.4% of the private academic accommodations in Buildings C3 and C4 as affordable rental housing in accordance with the following provisions on terms and conditions to be further set out in the Section 37 Agreement with the City and to the satisfaction of the Chief Planner and Executive Director, City Planning Division:

i. The affordable rental housing will comprise a minimum of 7.4% of the private academic bedroom accommodations within a range of residence unit types comprising bachelor, 1, 2, 3 and 4 bedrooms.

ii. The owner will maintain the private academic affordable bedroom accommodations in Buildings C3 and C4 as rental housing, and agrees that none of the rental housing will form part of an application for Condominium Registration for at least fifteen years from the date upon which the first new rental housing unit is occupied.

iii. Affordable rents will be charged to the tenants who occupy one of the affordable bedroom accommodations for a period of 15 years following the initial occupancy of each of Buildings C3 and C4, providing that the affordable rental bedroom accommodations commence occupancy at the same time, subject to the provisions in 4.d. (iv) and (v).

iv. The affordable rents will be based on an average rent level derived from an average rent for comparable existing student residence accommodations on the York University campus for the academic year in which the affordable rental bedroom accommodations will be occupied, adjusted further to reflect differences in lease terms and arrangements for television services in the private academic accommodations, and varied by residence unit type and to reflect single or shared bedroom accommodations.

v. After the expiry of the 15 year period, rents charged to tenants newly occupying one of the affordable rental bedroom accommodations will not be subject to restrictions by the City of Toronto under the terms of the Section 37 Agreement entered into under this by-law.

vi. Eligibility criteria for students who rent one of the affordable rental bedroom accommodations will require that such student is receiving financial assistance under the Ontario Student Assistance Program.

vii. The residence units which contain affordable rental bedroom accommodations shall be furnished and equipped with kitchen and bathroom facilities.

e. The following matters are to be secured in the Section 37 Agreement as a legal convenience:

i. The applicant shall construct and maintain an area of not less than 740 square metres at grade for use by the general public as publicly accessible open space at the northwest corner of the site in a location generally identified in the Zoning By-law Amendment, on terms and conditions to be set out in the Section 37 Agreement, including maintenance, operations, insurance and indemnity obligations, to the satisfaction of the Chief Planner and Executive Director, City Planning Division, with the specific configuration and design of the public space to be determined and secured through the Site Plan Control application approval process to the satisfaction of the Chief Planner and Executive Director, City Planning Division, in consultation with the Ward Councillor.

ii. The applicant shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, Version 3.

iii. Prior to issuance of the first above grade building permit for Building C4, the owner shall financially secure all municipal infrastructure and servicing obligations, enter into a subdivision agreement and register the phase of the approved draft plan of subdivision corresponding to Buildings C3 and C4 together with the extension of Leitch Avenue between The Pond Road and Assiniboine Road, to the satisfaction of the Chief Planner and Executive Director, City Planning.

Etobicoke York Community Council commenced a statutory public meeting on January 8, 2020, and continued the public meeting on February 5, 2020.  Notice was given in accordance with the Planning Act.

This application proposes to amend the Zoning By-law to permit two eight (8) storey (25.65 metre high plus mechanical penthouse) private academic accommodations with non-residential uses at grade, located in the south-east quadrant of The Pond Road and Sentinel Road, south of the York University campus.  The proposed private academic accommodations would contain approximately 444 residential units and 1,326 square metres of retail comprising 26,997 square metres of total gross floor area at 4700 Keele Street.  The proposal is the second phase of a private student housing development known as The Quad, located on the south side of The Pond Road.  

The proposed development is compatible with its surrounding context.  The proposal introduces an appropriate built form to the site with development massed to address the corner of The Pond Road and the extension of Haynes Avenue.  The proposed landscaping will provide an improved public realm on The Pond Road, the extension of Haynes Avenue and the extension of Leitch Avenue.

The proposed development is consistent with the Provincial Policy Statement (2014) and conforms with the Growth Plan for the Greater Golden Horseshoe (2019).  The proposal conforms to the applicable Official Plan policies and complies with the York University Secondary Plan.

The proposed development also forms part of the Southwest Precinct Plan Study

Area which is currently under review.  The Southwest Precinct Plan is envisioned as a medium density urban village with a variety of housing opportunities, shops and services with a neighbourhood square to provide social gathering opportunities and an identity for the precinct.  As part of the Precinct Plan, Urban Design Guidelines and supporting strategies are required, including an Affordable Housing Strategy.  The Precinct Plan, Urban Guidelines and supporting strategies are currently being finalized.

This report reviews and recommends approval of the application to amend the Zoning By-law, with the Bills being held, subject to the finalization of the Southwest Precinct Plan, Urban Design Guidelines and supporting strategies.

A Final Report reviewing and recommending approval of the application to amend the Zoning By-law to permit two 8-storey private academic accommodations with non-residential uses at grade at 4700 Keele Street was before the January 8, 2020 meeting of Etobicoke York Community Council.  At that meeting, the item was deferred to the February 5, 2020 meeting of Etobicoke York Community Council.

The purpose of the deferral was to provide Planning staff an opportunity to work with the applicant to refine the Recommendations and the Draft Zoning By-law Amendment attached to the Final Report.

The applicant has requested that the recommendation in the Final Report that requires cash for the Percent for Public Art Program be revised to require a Letter of Credit and has requested that the provision of an easement for a POPS (Publicly-Accessible Privately-Owned Open Space) be removed as a requirement for approval of the application.  The applicant has also requested a number of revisions to the Draft Zoning
By-law Amendment attached as Attachment 6 to the Final Report.

The applicant has recently filed an application for Site Plan Control Approval (Application  No. 20 102 537 WET 07 SA) for the proposed student housing development, which has now been circulated.