Item - 2022.NY33.2

North York Community Council recommends that:

1. City Council amend City of Toronto Zoning By-law 569-2013, as amended, for the lands at 2699 to 2701 Keele Street substantially in accordance with the draft Zoning By-law Amendment in Attachment 6 to the report (June 2, 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 Amendments as may be required.

3. City Council authorize the City Solicitor to submit the necessary bills(s) to implement City Council's decision provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will be issued until such time as the Section 37 Agreement is executed and registered.

4. City Council approve that, in accordance with Section 42 of the Planning Act, prior to the first above grade building permit, the Owner shall convey to the City, an on-site parkland dedication, having a minimum size of 608 square metres located in the northeast of the site with a frontage along George Appleton Way, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

5. City Council approve the acceptance of on-site 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, all to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

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

a. the community benefits recommended to be secured in the Section 37 Agreement are as follows:

1. a cash contribution of $1,700,000.00 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 improvements to parks and community facilities in Ward 6, where a minimum of $250,000.00 is to be allocated toward beyond-base conditions and capital improvements for the on-site public park lands, and the balance of the cash contribution, provided that the 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;

2. the cash contribution set out in Recommendation 6.a.1. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135-01, or its successor, calculated from the date City Council adopts the Zoning by-law amendment(s) to the date of payment; and

3. in the event the cash contribution in Recommendation 6.a.1. above has not been used for the intended purpose within three (3) 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 that the purpose is identified in the Official Plan and will benefit the community in the vicinity of the site.

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

1. the Owner shall convey to the City an on-site 608 square metre parkland dedication on terms and conditions satisfactory to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor;

2. the Owner shall construct the development in accordance with the accepted Transportation Impact Study Update, prepared by LEA (dated December 15, 2021), related to the proposed Transportation Demand Management measures including the provision of Transit Passes, Bike Repair Station(s), Real-time Transportation Screen, TDM Monitoring Program and Bike-Share, to the satisfaction of the Chief Planner and Executive Director, City Planning;

3. the Owner will construct and maintain the development of the site in accordance with Tier 1, Toronto Green Standard, and the Owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the site;

4. the Owner is required to enter into the appropriate financially secured agreement(s) for the construction of the required improvements to the municipal infrastructure to support this development, according to the Functional Servicing Report accepted by the Chief Engineer and Executive Director of Engineering and Construction Services; and

5. the Owner will provide space within the development for the installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapter 681.10.

The North York Community Council held a statutory public meeting on June 28, 2022 and notice was given in accordance with the Planning Act.

This application proposes to amend the Zoning By-law to permit the construction of a mixed use building at 2699 to 2701 Keele Street. The building would be comprised of a five-storey (19.85 metre high) base building along the north, south and east portions of the built form. A 7-storey (27.05 metres high) base building component would be provided along the Keele Street frontage of the site. A nine-storey (33.60 metre high) mid-rise building component would be provided in the central southern portion of the built form, adjacent a 28-storey (90.90 metre high) tower which would be located in the southwest corner of the site close to the Highway 401 off-ramp and Keele Street, the tower height being exclusive of a 7.0 metre high mechanical penthouse. The proposal would contain a total of 372 residential units, 399 square metres of grade-related retail and 385 parking spaces in a five-level underground parking structure. An on-site parkland dedication of 608 square metres would also be provided. The proposed development would have a total gross floor area of 34,537 square metres above grade, which would result in a Floor Space Index (FSI) of 5.6 times the area of the lot.

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.