Item - 2022.NY31.1

North York Community Council recommends that:

1. City Council amend City of Toronto Zoning By-law 569-2013, as amended, for the lands at 3621 Dufferin Street substantially in accordance with the draft Zoning By-law Amendment in Attachment 7 to the report (March 31, 2022) from the Director, Community Planning, North 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. In accordance with the delegated approval under By-law 229-2000, as amended, City Council be advised that the Chief Planner and Executive Director, City Planning intends to approve the Draft Plan of Subdivision as generally illustrated on Attachment 10 to the report (March 31, 2022) from the Director, Community Planning, North York District subject to:

a. the conditions as generally listed in Attachment 8 to the report (March 31, 2022) from the Director, Community Planning, North York District which, except as otherwise  noted, must be fulfilled prior to final approval and the release of the plan of subdivision for registration; and

b. any such revisions to the proposed subdivision plan or any such additional modified conditions as  the Chief Planner and Executive Director, City Planning may deem to be appropriate to address  matters arising from the on-going technical review of this development.

4. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:

a. prior to issuance of an above grade building permit, a Community Benefits monetary contribution  of $2,700,00.00 towards area parks improvements, and/or community center or streetscape  improvements, with such amount to be indexed upwardly in accordance with the Statistics Canada Construction Price Index for Toronto, calculated from the date of the Section 37 Agreement to the date the payment is made and that the design of the streetscape improvements comply with the  Streetscape Manual to the satisfaction of the Chief Planner and Executive Director, City Planning; and

b. in the event the cash contribution(s) referred to in Recommendation 4.a. above has not been used for the intended purpose within three (3) years of this By-law 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 of City Planning, in consultation with the local Councillor, provided that the purpose(s) is identified  in the Toronto Official Plan and will benefit the community in the vicinity of the lands;

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

c. at the time of the registration of plan of subdivision or at the time of condominium registration whichever is earlier the Owner shall convey to the City an on-site parkland dedication, having a  minimum size of 699 square metres located in the north portion of the site with frontage on the new public right-of-way, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor;

d. at the time of the registration of the plan of subdivision or at the time of condominium registration whichever is earlier, the Owner shall convey to the City a 824 square metre over-dedication of parkland, located in the north portion of the site with frontage on the new public right-of-way, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor;

e. at the time of the registration of the plan of subdivision or at the time of condominium registration whichever is earlier, the owner shall convey to the City a 23-metre wide north-south roadway to secure public access in favour of the City of Toronto to the satisfaction of the Chief Planner and Executive Director, and Chief Engineer and Executive Director of Engineering and Construction Services;

f. the owner shall be required to provide for the cost of the north-south 23 metre wide roadway and any improvements to the existing servicing infrastructure deemed required to accommodate the proposed development to the satisfaction of the Chief Engineer, Executive Director, Engineering and Construction Services;

g. the owner will be required to provide, through the site plan approval process, final pavement markings and signage along the north-south roadway, including any safety, access, and transportation requirements related to these matters all to the satisfaction of the General Manager, Transportation Services and shall be at no cost to the City; and

h. withdraw any outstanding appeals at the Ontario Land Tribunal related to the current  development.

5. City Council approve the acceptance of the 1,523 square metre parkland dedication, subject to the Owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition.

6. Before introducing the necessary Bills for enactment, City Council require the Owner to:

a. enter into an Agreement pursuant to Section 37 as per Recommendation 4 above.

7. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the applicant of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation. The development charge credit shall be in an amount that is the lesser of the cost to the applicant of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

The North York Community Council held a statutory public meeting on April 20, 2022 and notice was given in accordance with the Planning Act.

The Zoning By-law Amendment application proposes to amend the former City of North York Zoning By-law No. 7625 to permit a 10-storey (40 metre, with a 13 metre tall marque feature) mixed-use development incorporating 153 residential units; retail uses, office and self-storage uses, and 334 vehicular and 161 bicycle parking spaces in a three-storey below grade garage at 3621 Dufferin Street. The proposed building would have a gross floor area of 46,437 square metres and Floor Space Index (FSI) of 2.74. A new 23-metre wide north-south public street running along the eastern boundary of the site from Billy Bishop Way north to Wilson Avenue is also proposed. A new 1,523 square metre public park would be located to the north of the development block within the subject site along the west side of the future public street. The Draft Plan of Subdivision will allow for the creation of the new public north-south street (Street 'A'), a new Development Block (Block 1), and a future public park block (Block 4), as shown on Attachment 10.

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 with the City of Toronto Official Plan.

This report reviews and recommends approval of the application to amend the Zoning By-law and that the Chief Planner also intends to approve the Draft Plan of Subdivision application for the lands at 3621 Dufferin Street. The proposed development allows for the introduction of a mixed use development incorporating residential, retail, and office, and self-storage uses that will attract economic growth and diversity to sustain an emerging and vibrant community.