Item - 2023.EY6.4

The Etobicoke York Community Council recommends that:

1. City Council amend the Official Plan for 5230 Dundas Street West, 3825 Bloor Street West and 0 Beamish Drive substantially-in-accordance with the draft Official Plan Amendment attached as Attachment 7 to the report (June 1, 2023) from the Director, Community Planning, Etobicoke York District.

2. City Council amend City of Toronto Zoning By-law 569-2013 for 5230 Dundas Street West, 3825 Bloor Street West and 0 Beamish Drive substantially-in-accordance with the draft Zoning By-law Amendment attached as Attachment 8 to the report (June 1, 2023) 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 Amendment and draft Zoning By-law Amendment as may be required.

4. City Council authorize the City Solicitor to include a holding provision in the Zoning By-law Amendment as may be necessary to prevent development of the lands until such time as conditions relating to servicing improvements are satisfied, including:

a. the submission of a Stormwater Management and Functional Servicing to the satisfaction of the Chief Engineer and Executive Director Engineering and Construction Services;

b. a financially secured agreement has been entered into with the City, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, for the construction of improvements that may be required to the City’s sanitary and storm sewers; and

c. the owner obtain all necessary approvals to proceed with the infrastructure required to be constructed, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

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

a. complete a peer review process of the submitted Noise Study, by a third-party consultant, retained by the City of Toronto and at the owner’s expense to the satisfaction of the Chief Planner and Executive Director, City Planning; and, if necessary, the proposed draft Zoning By-law Amendment shall be revised to address any mitigation measures arising from the accepted study;

b. submit a Pedestrian Wind Study to the satisfaction of the Chief Planner and Executive Director, City Planning; and if necessary, the proposed draft Zoning By-law Amendment shall be revised to address any mitigation measures arising from the accepted study; and

c. submit a revised Transportation Impact Study to the satisfaction of the General Manager, Transportation Services.

6. 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 in Attachment 10 to the report (June 1, 2023) from the Director, Community Planning, Etobicoke York District, subject to the following:

a. approval conditions from various City divisions, 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 must also be fulfilled prior to the final approval and release of the Plan of Subdivision for registration.

7. City Council direct that, in accordance with Section 42 of the Planning Act, as a component of the registration of the Plan of Subdivision, the owner shall convey to the City an on-site parkland dedication, having a minimum size of 1900 square metres, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor, prior to the issuance of the first above-grade building permit for Block 1 of the Plan of Subdivision.

8. City Council approve the acceptance of the 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.

9. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner 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 owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation than the 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.

10. City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the local Ward Councillor and the City Solicitor, to continue to work with the applicant to explore an in-kind community benefit package pursuant to 37(6) of the Planning Act that includes:

a.  the provision and conveyance of Affordable Ownership Units at a nominal charge to Habitat for Humanity or a similar non-profit housing provider for affordable ownership housing to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. the provision of at least two Bike Share stations, in accordance with equipment specifications and locations acceptable to the President, Toronto Parking Authority; and

c. the provision of public art on site through participation in the Percent for Public Art program;

and to report back for further instructions on any offer of in-kind community benefits made by the owner.

11. City Council amend City of Toronto Municipal Code, Chapter 925, Permit Parking in order to prevent the residents of, visitors to, or tradespersons at 5230 Dundas Street West, 3825 Bloor Street West and 0 Beamish Drive from obtaining a parking permit.

12. City Council request that the Chief Planner and Executive Director, City Planning include the following as a Site Plan approval condition:

a. the Owner shall insert the following advisory into all agreements of purchase and sale or agreements to lease and condominium declaration document(s) for each affected residential unit within the development:

Purchasers acknowledge and agree that purchasers or residents of the development will not be eligible for on street-parking permits under the City of Toronto Municipal Code. Purchasers agree that, despite the status or availability of on-street parking permits for residents in the development area as of the date of this document, the availability of on-street parking permits in the development area for the purchasers or residents of the development may, at the discretion of City of Toronto Council, be modified, amended or removed at any time in accordance with the City of Toronto Act, 2006, as amended from time to time and its successors, and the City of Toronto Municipal Code.

The Etobicoke York Community Council held a statutory public meeting on June 19, 2023, and notice was given in accordance with the Planning Act.

This application proposes to amend the Official Plan and Zoning By-law to permit a multi-phased development with four development blocks at 5230 Dundas Street West, 3825 Bloor Street West and 0 Beamish Drive. The proposal contains five buildings including two eight-storey mid-rises along Bloor Street West and five tower with heights of 25, 36, 41, 43 and 45 storeys. The overall development proposes 2387 residential units and 4859 square metres of non-residential gross floor area. A Draft Plan of Subdivision application has also been submitted to create the development blocks, a J-shaped public road and 1900 square metres of public parkland.

This report reviews and recommends approval of the application to amend the Official Plan and Zoning By-law.

The proposal conforms with the intent of the Official Plan and Etobicoke Centre Secondary Plan and is generally consistent with the City's guidelines. The proposed mixed-use development represents appropriate intensification and transition in scale from the Kipling Transit Hub (also known as the "Kipling Mobility Hub") and focal point of the Six Points Area down towards the pedestrian-scale character and lower-scale areas to the north.

This report also advises that the Chief Planner also intends to approve the Draft Plan of Subdivision application to create the four development blocks, proposed public road, and park block.