Item - 2021.TE24.4
Tracking Status
- City Council adopted this item on May 5 and 6, 2021 without amendments and without debate.
- This item was considered by Toronto and East York Community Council on April 21, 2021 and was adopted with amendments. It will be considered by City Council on May 5 and 6, 2021.
- See also 2021.MM36.44
TE24.4 - 646-648 Dufferin Street and 1-3 Boland Lane - Official Plan Amendment and Zoning Amendment Application - Final Report
- Decision Type:
- ACTION
- Status:
- Adopted on Consent
- Ward:
- 9 - Davenport
City Council Decision
City Council on May 5 and 6, 2021, adopted the following:
1. City Council amend the Official Plan for the lands at 646-648 Dufferin Street and 1-3 Boland Lane substantially in accordance with the draft Official Plan Amendment attached as Attachment 5 to the report (March 29, 2021) from the Director, Community Planning, Toronto and East York District.
2. City Council amend Zoning By-law 569-2013 for the lands at 646-648 Dufferin Street and 1-3 Boland Lane substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (March 29, 2021) from the Director, Community Planning, Toronto and East York District.
3. City Council amend City of Toronto Zoning By-law 438-86 for the lands at 646-648 Dufferin Street and 1-3 Boland Lane substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to the report (March 29, 2021) from the Director, Community Planning, Toronto and East York District.
4. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and/or draft Zoning By-law Amendments as may be required.
5. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to:
a. enter into a Section 37 Agreement pursuant to Section 37 of the Planning Act satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, and that the agreement has been executed and registered on title to the satisfaction of the City Solicitor to secure the following matters as a legal convenience to support the development, as follows:
i. an indexed cash contribution of one hundred and twenty-five thousand ($125, 000.00) dollars to be paid by the owner prior to the issuance of the first above-grade building permit for the new residential building to be allocated towards community improvements in the surrounding area provided that purpose is identified in the Toronto Official Plan and will benefit the community, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;
ii. in the event the cash contribution referred to in Part 5.a.i. above has not been used for the intended purpose set out in the Section 37 Agreement, within three (3) years of the Zoning By-law Amendments coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; and
iii. prior to the issuance of the first above grade building permit, the owner shall enter into an off-site services agreement securing the provision of one shared loading space – Type G for the lands municipally known in 2021 as 1494-1502 Dundas Street West, and register on title an easement to provide access to and use of the one shared loading space - Type G in favour of the lands municipally known in 2021 as 1494-1502 Dundas Street West, to the satisfaction of the General Manager, Transportation Services.
6. City Council direct Planning staff to revise the draft Zoning By-laws set out in Parts 2 and 3 above to include the provisions for the voluntary Section 37 contribution.
7. City Council request the General Manager, Transportation Services to review and to report back to the Toronto and East York Community Council on the realignment of Permit Parking Area "2-" to exclude the development located at 646-648 Dufferin Street and 1-3 Boland Lane.
Public Notice Given
Statutory - Planning Act, RSO 1990
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2021/te/bgrd/backgroundfile-165309.pdf
Attachment 6: Draft Zoning By-law Amendment to Amend By-law 569-2013
https://www.toronto.ca/legdocs/mmis/2021/te/bgrd/backgroundfile-165981.pdf
Attachment 7: Draft Zoning By-law Amendment to Amend 438-86
https://www.toronto.ca/legdocs/mmis/2021/te/bgrd/backgroundfile-165982.pdf
(March 26, 2021) Notice of Public Meeting
https://www.toronto.ca/legdocs/mmis/2021/te/bgrd/backgroundfile-165926.pdf
TE24.4 - 646-648 Dufferin Street and 1-3 Boland Lane - Official Plan Amendment and Zoning Amendment Application - Final Report
- Decision Type:
- ACTION
- Status:
- Amended
- Ward:
- 9 - Davenport
Public Notice Given
Statutory - Planning Act, RSO 1990
Community Council Recommendations
The Toronto and East York Community Council recommends that:
1. City Council amend the Official Plan, for the lands at 646-648 Dufferin Street and 1-3 Boland Lane substantially in accordance with the draft Official Plan Amendment attached as Attachment 5 to the report (March 29, 2021) from the Director, Community Planning, Toronto and East York District.
2. City Council amend Zoning By-law 569-2013, for the lands at 646-648 Dufferin Street and 1-3 Boland Lane substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (March 29, 2021) from the Director, Community Planning, Toronto and East York District.
3. City Council amend City of Toronto Zoning By-law 438-86 for the lands at 646-648 Dufferin Street and 1-3 Boland Lane substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to the report (March 29, 2021) from the Director, Community Planning, Toronto and East York District.
4. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and/or draft Zoning By-law Amendments as may be required.
5. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to:
a. enter into a Section 37 Agreement pursuant to Section 37 of the Planning Act satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, and that the agreement has been executed and registered on title to the satisfaction of the City Solicitor to secure the following matters as a legal convenience to support the development, as follows:
i. an indexed cash contribution of one hundred and twenty-five thousand ($125, 000.00) dollars to be paid by the owner prior to the issuance of the first above-grade building permit for the new residential building to be allocated towards community improvements in the surrounding area provided that purpose is identified in the Toronto Official Plan and will benefit the community, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;
ii. in the event the cash contribution referred to in Part 5.a.i. above has not been used for the intended purpose set out in the Section 37 Agreement, within three (3) years of the Zoning By-law Amendments coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; and
iii. prior to the issuance of the first above grade building permit, the owner shall enter into an off-site services agreement securing the provision of one shared loading space – type G for the lands municipally known in 2021 as 1494-1502 Dundas Street West, and register on title an easement to provide access to and use of the one shared loading space- Type G in favour of the lands municipally known in 2021 as 1494-1502 Dundas Street West, to the satisfaction of the General Manager, Transportation Services.
6. City Council direct Planning staff to revise the draft zoning by-laws set out in Toronto and East York Community Council Recommendations 2 and 3 above to include the provisions for the voluntary Section 37 contribution.
7. City Council request the General Manager, Transportation Services, to review and to report back to Toronto and East York Community Council on the realignment of Permit Parking Area "2-" to exclude the development located at 646-648 Dufferin Street and 1-3 Boland Lane.
Decision Advice and Other Information
The Toronto and East York Community Council held a statutory public meeting on April 21, 2021 and notice was given in accordance with the Planning Act.
Origin
Summary
This Official Plan Amendment and Zoning By-law Amendment application proposes to permit the lands at 646-648 Dufferin Street and 1-3 Boland Lane to be redeveloped with an 8-storey residential building containing 124 dwelling units. The proposal has been significantly revised since the original submission in response to feedback from staff and the local community.
This application is also being reviewed concurrently and considered with the Zoning By-law Amendment application at 1494-1502 Dundas Street West (File No. 19 101840 STE 09OZ), as this application is proposing a shared loading space with the development proposal to the south on Dundas Street West which would be accessed via the public laneway.
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), and conforms with the Mixed Use Areas policies of the Official Plan.
This report reviews and recommends approval of the application to amend the Official Plan and Zoning By-law. This development application provides adequate transition to the adjacent Neighbourhoods to the north, west and east of the site. The development would provide for a compact built form on a site that is appropriate for intensification as it is within a built-up area and would take advantage of existing infrastructure. New residential uses would be introduced while limiting the impacts on the character and function of the existing neighbourhood and enhancing the public realm.
Background Information
https://www.toronto.ca/legdocs/mmis/2021/te/bgrd/backgroundfile-165309.pdf
Attachment 6: Draft Zoning By-law Amendment to Amend By-law 569-2013
https://www.toronto.ca/legdocs/mmis/2021/te/bgrd/backgroundfile-165981.pdf
Attachment 7: Draft Zoning By-law Amendment to Amend 438-86
https://www.toronto.ca/legdocs/mmis/2021/te/bgrd/backgroundfile-165982.pdf
(March 26, 2021) Notice of Public Meeting
https://www.toronto.ca/legdocs/mmis/2021/te/bgrd/backgroundfile-165926.pdf
Speakers
Motions
That Toronto and East York Community Council:
1. Delete Recommendation 5.
2. Add the following new recommendations:
2. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to:
a. enter into a Section 37 Agreement pursuant to Section 37 of the Planning Act satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, and that the agreement has been executed and registered on title to the satisfaction of the City Solicitor to secure the following matters as a legal convenience to support the development, as follows:
i. an indexed cash contribution of one hundred and twenty-five thousand ($125, 000.00) dollars to be paid by the owner prior to the issuance of the first above-grade building permit for the new residential building to be allocated towards community improvements in the surrounding area provided that purpose is identified in the Toronto Official Plan and will benefit the community, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;
ii. in the event the cash contribution referred to in Part 2.a.i. above has not been used for the intended purpose set out in the Section 37 Agreement, within three (3) years of the Zoning By-law Amendments coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; and
iii. prior to the issuance of the first above grade building permit, the owner shall enter into an off-site services agreement securing the provision of one shared loading space – type G for the lands municipally known in 2021 as 1494-1502 Dundas Street West, and register on title an easement to provide access to and use of the one shared loading space- Type G in favour of the lands municipally known in 2021 as 1494-1502 Dundas Street West, to the satisfaction of the General Manager, Transportation Services.
3. City Council direct Planning staff to revise the draft zoning by-laws set out in Toronto and East York Community Council Recommendations 2 and 3 to include the provisions for the voluntary Section 37 contribution.
4. City Council request the General Manager, Transportation Services, to review and to report back to Toronto and East York Community Council on the realignment of Permit Parking Area "2-" to exclude the development located at 646-648 Dufferin Street and 1-3 Boland Lane.