Item - 2022.EY33.9

The Etobicoke York Community Council recommends that:

1. City Council amend the Official Plan, for the lands at 4916-4946 Dundas Street West and 4-16 Burnhamthorpe Road, substantially in accordance with the draft Official Plan Amendment attached as Attachment 6 to the report (June 6, 2022) from the Director, Community Planning, Etobicoke York District.

2. City Council amend City of Toronto Zoning By-law 569-2013, as amended, for the lands at 4916-4946 Dundas Street West and 4-16 Burnhamthorpe Road, substantially in accordance with the draft Zoning By-law Amendment in Attachment 7 to the report (June 6, 2022) from the Director, Community Planning, Etobicoke York District.

3. City Council authorizes the City Solicitor to make such stylistic and technical changes to the draft Official Plan and Zoning By-law Amendments as may be required.

4. Before introducing the Bills to City Council for enactment, City Council require that the owner shall complete the following in relation to heritage matters:

a. City Council approve the alterations to the heritage property at 4946 Dundas Street West in accordance with Section 33 of the Ontario Heritage Act, to allow for alterations, with such alterations substantially in accordance with plans and drawings prepared by Montgomery Sisam Architects Inc. and submitted in conjunction with the Heritage Impact Assessment (HIA), dated March 2022, prepared by EVOQ Architecture, and on file with the Senior Manager, Heritage Planning, Urban Design, City Planning.

5. City Council authorize the entering into and register on title a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of 4946 Dundas Street West in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning, as follows:

a. The owner shall enter into and register on title a Heritage Easement Agreement with the City for the property at 4946 Dundas Street West substantially in accordance with plans and drawings by Montgomery Sisam Architects Inc. and submitted in conjunction with the Heritage Impact Assessment (HIA), dated March 2022, prepared by EVOQ Architecture, and on file with the Senior Manager, Heritage Planning, Urban Design, City Planning Inc., subject to and in accordance with the approved Conservation Plan required in Recommendation 5.b below to the satisfaction of the Senior Manager, Heritage Planning including execution of such agreement to the satisfaction of the City Solicitor.

b. Provide a detailed Conservation Plan prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment (HIA) for 4946 Dundas Street West, dated March 2022, prepared by EVOQ Architecture, to the satisfaction of the Senior Manager, Heritage Planning.

c. Recommendations 5.a. and 5.b. above are required to be satisfied prior to issuance of any building permit. In any case, the Conservation Plan must be accepted and the Heritage Easement Agreement must be entered into and registered no later than December 9, 2022, or such later date as may be agreed by the owner and the Senior Manager, Heritage Planning in writing, failing which this condition will be determined to be unfulfilled.

6. City Council require the owner to enter into and register on title an Agreement pursuant to Section 37 of the Planning Act to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor, as follows:

a. Prior to issuance of any building permit, the owner shall make a cash contribution to the City in the amount of $145,000 (the "Cash Contribution") allocated towards the following capital community services and facilities to be allocated at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor:

1. Village of Islington Business Improvement Association and streetscape

 improvements for Dundas Street West;

2. Local park improvements; and

3. Mabelle Arts;

b. The financial contribution pursuant to Recommendation 6.a. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date City Council adopts the zoning by-law amendment(s) to the date of payment;

c. In the event the Cash Contribution in Recommendation 6.a. has not been used for the intended purpose within three years of the By-law coming into full force and effect, the Cash 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 is identified in the Official Plan and will benefit the community in the vicinity; and

d. The following matters are also to be secured in the Section 37 Agreement as a legal convenience to support development:

1. The owner shall, at its own expense, design, construct and thereafter maintain the Privately Owned Publicly Accessible Space ("POPS") areas in the locations illustrated on Diagram 6 having a minimum area of 110 square metres along Dundas Street West between the heritage building and the new building, with the specific location, configuration and design to be determined and secured in the context of site plan control approval to the satisfaction of the Chief Planner and Executive Director, City Planning;

2. Prior to the issuance of any above-grade 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 for public use of the POPS, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

3. Prior to the earlier of first residential or non-residential use occupancy and first condominium registration of all or any portion of a building, the owner shall complete construction of the respective POPS to the satisfaction of the Chief Planner and Executive Director, City Planning, or such later date at the sole discretion of and on terms satisfactory to the Chief Planner and Executive Director, City Planning;

4. That prior to the issuance of any permit for all or any part of the property at 4946 Dundas Street West, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building, as are acceptable to the Senior Manager, Heritage Planning, the related site specific Official Plan and Zoning By-law Amendments giving rise to the proposed alterations have come into full force and effect, the owner of the subject property shall:

a. Provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Recommendation 5.c above, including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Planning; and

b. Provide a Letter of Credit, including provision for upwards indexing, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Planning to secure all work included in the approved Conservation Plan, Heritage Lighting Plan and Interpretation Plan.

5. That prior to the release of the Letter of Credit in Recommendation 6.d.4.b above, the owner shall:

a. Provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work and the required interpretive work has been completed in accordance with the Conservation Plan and Interpretation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning; and

b. Provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning.

6. 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;

7. The owner shall provide notification to NAV Canada a minimum of 10 days prior to the start of construction;

8. The owner shall, at its own expense, address the following matters in any application for site plan control 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. Provide final site plan drawings substantially in accordance with the approved Conservation Plan required in Recommendation 5.c above to the satisfaction of the Senior Manager, Heritage Planning;

b. Provide an Interpretation Plan for the subject property, to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning;

c. Provide a Heritage Lighting Plan that describes how the exterior of the heritage property will be sensitively illuminated to enhance its heritage character to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning;

d. Provide a detailed landscape plan for the subject property, satisfactory to the Senior Manager, Heritage Planning;

e. Submit a Signage Plan to the satisfaction of the Senior Manager, Heritage Planning;

f. Provide full documentation of the existing heritage property, including two printed sets of archival quality 20.3 centimetres by 25.4 centimetres (eight inches by 10 inches) colour photographs with borders in a glossy or semi-gloss finish and one digital set on a USB flash drive in tiff format and 600 dpi resolution keyed to a location map, elevations and measured drawings, and copies of all existing interior floor plans and original drawings as may be available, to the satisfaction of the Senior Manager, Heritage Planning;

g. The owner shall prepare all documents and convey, on terms set out in the Section 37 Agreement, a portion of the lands subject to be incorporated into the adjacent Islington Pioneer Cemetery, to the satisfaction of the Chief Planner and Executive Director, City Planning, General Manager, Corporate Real Estate Management, and the City Solicitor;

h. 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 road widening of one-metre along Dundas Street West to the City across the full width of the site and a six-metre radius corner rounding at the southeast corner, all to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services and the City Solicitor;

i. The conveyance of any easement or fee simple interest of lands to the City as contemplated above shall be at no cost to the City, for nominal consideration to the satisfaction of the City Solicitor, Chief Planner and Executive Director, City Planning, and General Manager, Corporate Real Estate Management, as the case may be, and the cost of preparation and deposit of accepted reference plans shall also be at the owner's expense, such he road widening conveyances shall also be free and clear of encumbrances to the satisfaction of General Manager, Transportation Services;

j. Construction of the City sidewalk to City standards along the Burnhamthorpe Road and Dundas Street West frontage, to the satisfaction of the General Manager, Transportation Services;

k. Implementation of any required wind control measures identified in the Pedestrian Level Wind Study, prepared by RWDI, dated October 31, 2019, and any future addendum, to the satisfaction of the Chief Planner and Executive Director, City Planning;

l. Implementation of any required noise mitigation measures or other recommendations, as detailed in the Noise Impact Study, prepared by RWDI, dated November 1, 2019, to the satisfaction of the Chief Planner and Executive Director, City Planning; and

m. Incorporation of signage to identify the proposed POPS to be located along the south edge of the site.

7. City Council authorize the City Solicitor to submit the necessary bill(s) to implement the foregoing recommendation(s) provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will issue until such time as the Section 37 Agreement and the Heritage Easement Agreement are executed and registered.

The Etobicoke York Community Council held a statutory public meeting on June 27, 2022, and notice was given in accordance with the Planning Act.

This application proposes to amend the Official Plan and Zoning By-law for the properties located at 4916-4946 Dundas Street West and 4-16 Burnhamthorpe Road to permit a nine-storey (34.6 metre high) building with 199 seniors rental suites, including 29 memory care suites, 90 assisted living suites, and 80 independent living suites. The proposed total gross floor area is 19,080 square metres, which includes 270 square metres of commercial space at grade and result in a floor space index of 3.67 times the area of the lot. A 110 square metre Privately Owned Publicly Accessible Space ("POPS") is provided along Dundas Street West between the retained heritage building and the new seniors facility.

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 Etobicoke Centre Secondary Plan within the Official Plan and the Zoning By-law. The proposal conforms with the general intent of the Official Plan and is generally consistent with the City's guidelines. The proposed development represents appropriate intensification within the Etobicoke Centre as it fits within the planned context of the area, achieves conservation of heritage resources and reinforces Dundas Street West as a pedestrian main street.