Item - 2021.EY21.1

The Etobicoke York Community Council recommends that:

1. City Council amend the former City of Etobicoke Zoning Code for the lands at 5507 and 5509 Dundas Street West substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment 6 to the report (December 14, 2020) from the Director, Community Planning, Etobicoke York District.

2. City Council amend City-wide Zoning By-law 569-2013 for the lands at 5507 and 5509 Dundas Street West substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment 7 to the report (December 14, 2020) from the Director, Community Planning, Etobicoke 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 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.  Prior to the issuance of the first above-grade building permit, the owner shall make a financial contribution to the City in the amount of one million dollars ($1,000,000) by certified cheque payable to the Treasurer, City of Toronto, to be allocated at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, toward capital improvements for one or more of the following capital improvements within the Ward:

A.  Islington BIA;

B.  Etobicoke Centre Six Points Park;

C.  Etobicoke Civic Centre Library and Community Centre;

D.  Local non-profit child care facilities;

E.  Wedgewood Pool; and

F.  Local park and streetscape improvements.          

ii.   The financial contribution pursuant to Recommendation 4.a.i. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date of execution of the Section 37 Agreement to the date of payment;

iii. In the event the financial contribution in Recommendation 4.a.i. above has not been used for the intended purposes within three (3) years of the by-law coming into full force and effect, the contribution may be redirected for another purpose(s), at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose(s) is identified in the Official Plan and will benefit the community in the vicinity of the lands;

iv. The owner shall make a Public Art contribution in the amount of five hundred thousand dollars ($500,000) on public art program terms set out in the Section 37 Agreement and to the satisfaction of the Chief Planner and Executive Director, City Planning, which amount shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date of execution of the Section 37 Agreement to the date of issuance of the first above-grade building permit;

v. The owner shall provide and maintain at least six (6) affordable rental dwelling units within the proposed mixed-use building on the lot to the satisfaction of the Chief Planner and Executive Director, City Planning;

vi. The owner shall provide and maintain the six (6) affordable rental dwelling units as rental dwelling units for at least twenty (20) years, beginning from the date that each such unit is first occupied on terms set out in the Section 37 Agreement. 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 provides a right to exclusive possession of a dwelling unit, and no application for conversion for non-rental housing purposes or to demolish any affordable rental dwelling unit shall be made for at least twenty (20) years from the date of first occupancy. Upon the expiration of the twenty (20) 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; 

vii. The owner shall provide and maintain the six (6) affordable rental dwelling units in accordance with the following:  a) one (1) of the affordable rental dwelling units shall be three-bedroom or larger and shall have a minimum floor area of 111.7 m2; b)  two (2) of the affordable rental dwelling units shall be two-bedroom units or larger and shall each have a minimum floor area of at least 87 m2; and c) three (3) of the affordable rental dwelling units shall be one-bedroom units or larger and shall each have a minimum floor area of at least 62.7 m2;

viii. The owner shall provide and maintain the six (6) affordable rental dwelling units at affordable rents for at least fifteen (15) years, beginning with the date that each such unit is first occupied, in accordance with the terms set out in the Section 37 Agreement, including:

A. The initial rent (inclusive of utilities) charged to tenants upon first occupancy of a new affordable rental dwelling unit shall not exceed the average rent for the same unit type for the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report;

B. After the first year of occupancy of a new affordable rental unit, the rent (inclusive of utilities) charged to tenants occupying the new affordable rental unit may be escalated annually by not more than the annual provincial rent guideline, until the tenancy ends;

C. Notwithstanding the annual rent increases permitted in subsection viii (a) above, the rent (inclusive of utilities) charged to any tenants occupying an affordable rental dwelling unit shall not be increased to an amount that exceeds the average rent for the same unit type for the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report; and

D. If an affordable rental dwelling unit becomes vacant and is re-rented during the 15-year affordability period, the initial rent (inclusive of utilities) charged to new tenants shall be no higher than the average rent for the same unit type for the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report, until the tenancy ends.

ix. Tenants of the new affordable rental units shall have access to all indoor and outdoor amenity spaces associated with the mixed-use building on the same basis as other units within the development with no separate or additional charges;

x. The location and layouts of the new affordable rental units within the new mixed-use building shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

xi.  At least six months in advance of any new affordable rental units within the development being made available for rent to the general public, the owner shall develop and implement a Co-ordinated Access Plan in consultation with, and to the satisfaction, of the Chief Planner and Executive Director, City Planning; and

xii. The Co-ordinated Access Plan will provide that:

A. Any affordable rental units are provided only to tenant households that have demonstrated, to the satisfaction of the Chief Planner and Executive Director, City Planning, they are in financial need of affordable rental accommodation, as the case may be;

B. The owner shall consult with the Chief Planner and Executive Director, City Planning, and offer any affordable rental units to tenant households who have demonstrated need as in A. above and who are on such waiting lists as may be specified, prior to making any affordable rental units available for rent to the general public; and

C. The owner shall make reasonable efforts, to the satisfaction of the Chief Planner and Executive Director, City Planning, to ensure, that any accessible rental units are made available for rent to tenant households having one or more household members with special needs, including physical and/or mental limitation; and

D. When entering into a tenancy agreement for a new affordable rental unit, the tenant's household income shall not exceed four (4) times the annual equivalent of the rent (inclusive of utilities) for the rental unit; and

xiii. The new affordable rental units shall be made ready and available for occupancy no later than the date by which seventy percent (70%) of the new dwelling units erected on the Lands are available and ready for occupancy.

b.  The following matters are also recommended to be secured in the Section 37 Agreement in support of the development:

i. The owner shall construct and maintain, at its own expense, an area of not less than 177 m2 in a plaza on the south and west corner of Dundas Street Wet and Shorncliffe Road, 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.

ii. Prior to the issuance of the first above-grade building permit, 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.

iii. 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 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 7.5 metres measured from the south property boundary 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.  Such access easement shall include use associated with properties adjacent to a westerly extension of the rear access to a new proposed public street and fronting onto Dundas Street as well as properties south of such westerly extension, as applicable.

iv. The owner shall, at its own expense, construct and maintain the rear access lands, referred to in Recommendation 4.b.iii. 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.

v. The owner shall provide the City with a right, upon delivery of written notice in the future, to require the fee simple conveyance of the rear access lands referred to in Recommendation 4.b.i.i.i above to the City, all to the satisfaction of  the General Manager Transportation Services and the City Solicitor on terms set out in the Section 37 Agreement.    The right shall be exercisable at the discretion of the General Manager, Transportation Services, to facilitate a public lane at the rear of properties fronting onto Dundas Street West and extending westerly between Shorncliffe Road and a new proposed street to the west.  Upon receipt of such notice, the then owner of the of property shall prepare all documents and convey the rear access lands to the City on a date that is 120 days following the delivery of notice, or a date otherwise determined appropriate by the General Manager, Transportation Services, to the satisfaction of the City Solicitor.  Prior to conveyance, and as may be required, the then owner shall assess and remediate the lands being conveyed, in accordance with the most current environmental policies of City Council and reconstruct the rear access as a public lane.

vi. 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 pedestrian clearway easement in favour of the City in perpetuity,  including support rights as applicable, to achieve a minimum of 2.1 metre public sidewalk for use by the public along the frontages of Dundas Street West and Shorncliffe Road, all to the satisfaction of the General Manager, Transportation Services and the City Solicitor.  The details, location and configuration of the pedestrian clearway will be determined and secured in the context of site plan approval and the owner shall construct and maintain the pedestrian clearway easement lands at its own cost and expense.

vii. The owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council from time to time, to the satisfaction of the Chief Planner and Executive Director, City Planning.

viii. 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.

ix. 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. In the event that car-share spaces, as defined in the Zoning By-law Amendment, are to be provided, a car-share provider shall be secured to the satisfaction of the General Manager, Transportation Services;

B. Implementation of any required air quality and odour mitigation or other recommendations, as detailed in the Air Quality and Odour Assessment (revised January 2020), prepared by RWDI, as may be amended through a peer review process undertaken at the expense of the owner, to the satisfaction of the Chief Planner and Executive Director, City Planning;

C. Implementation of any required noise and vibration abatement measures or other recommendations, as detailed in the Noise and Vibration Impact Assessment (revised April 2020), prepared by RWDI, as may be amended through a peer review process undertaken at the expense of the owner to the satisfaction of the Chief Planner and Executive Director, City Planning;

D. Construction of a bus platform, stop and shelter on the Shorncliffe Road frontage to the satisfaction of the Toronto Transit Commission;

E. Implementation of noise attenuation for the units in proximity to the proposed bus stop as may be recommended by the Toronto Transit Commission, including warning clauses in the associated purchase and sale/tenancy agreements;

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

G. 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; and

H. Incorporation of signage to identify the proposed privately-owned publicly accessible open space (POP) to be located in a plaza on the south and west corner of Dundas Street West and Shorncliffe Road.

x. The conveyance of any easement or fee simple interest of lands to the City as contemplated in this Recommendation 4, 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.

The Etobicoke York Community Council held a statutory public meeting on January 8, 2021, and notice was given in accordance with the Planning Act.

This application proposes to amend the former City of Etobicoke Zoning Code and City-wide Zoning By-law 569-2013 to permit a 22 storey (21 storey plus mezzanine)  71.3 m in height excluding mechanical penthouse (73.3 m in height including mechanical penthouse) mixed-use building at 5507 and 5509 Dundas Street West.  The building would contain 259 residential units and 1,209 m2 of commercial at-grade floor area.  The building would have a gross floor area of 21,935 m2, yielding a Floor Space Index of approximately 6.56 times the area of the lot.  A total of 183 parking spaces would be provided in three levels of parking.  Vehicular access to the below grade parking would be provided via a rear lane which would be subject to a public easement and potential conveyance to the City in the future.  The proposal also includes a POPS space at the front of the building with a public art installation and six affordable rental apartment units.

The proposed development has regard for matters of Provincial Interest, is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020).  The proposed development represents appropriate intensification along Dundas Street West and is consistent with the City Official Plan and Guidelines. 

This report reviews and recommends approval of the application to amend the Zoning By-laws subject to the owner entering into a Section 37 Agreement and the conditions listed in a Holding Provision.  Provided the matters subject to the Holding Provision are addressed, staff are of the opinion the proposed development is appropriate in this location.