Item - 2021.TE24.5

The Toronto and East York Community Council recommends that:

1. City Council amend Zoning By-law 569-2013, for the lands at 1494-1502 Dundas Street West substantially in accordance with the draft Zoning By-law 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 City of Toronto Zoning By-law 438-86 for the lands at 1494-1502 Dundas Street West 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 authorizes the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendments as may be required.

4. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to: 

a. Submit a revised Functional Servicing Report, Stormwater Management Report, Servicing Report Groundwater Summary Checklist and Hydrological Review Summary checklist to demonstrate whether the existing municipal infrastructure is adequate to service the proposed development and to determine whether any upgrades may be required to the existing infrastructure to support the proposed development, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

b. Secure the design and the provision of financial securities for any improvements to the municipal infrastructure identified in the accepted Functional Servicing and Stormwater Management Report, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development; and

c.  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 development 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 2c.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 be provided off-site at 646-648 Dufferin Street and 1-3 Boland Lane, to the satisfaction of the General Manager, Transportation Services.

5. City Council direct Planning staff to revise the draft zoning by-laws set out in Toronto and East York Community Council Recommendations 1 and 2 above to include the provisions for the voluntary Section 37 contribution.

6. 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 1494-1502 Dundas Street West.

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.

This Zoning By-law Amendment application proposes to redevelop the lands at 1494-1502 Dundas Street West with an 8-storey mixed-use building with 48 dwelling units and 397 square metres of retail space.

This application is being reviewed concurrently with the Official Plan and Zoning By-law Amendment applications to the north at 646-648 Dufferin Street and 1-3 Boland Lane (File No. 19 101834 STE 09OZ). This application is proposing that its loading requirements be shared off-site within the development proposal at Dufferin Street and Boland 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).

This report reviews and recommends approval of the application to amend the Zoning By-law. This application proposes a compact built form on a site that is appropriate for intensification, is within a built-up area within an Avenue, and would take advantage of existing infrastructure.