Item - 2023.EY9.4

The Etobicoke York Community Council recommends that:

1. City Council amend Zoning By-law 569-2013, for the lands at 301 Dixon Road, substantially-in-accordance with the draft Zoning By-law Amendment attached as Attachment 12 to the report (October 25, 2023) from the Director, Community Planning, Etobicoke York District, amended as follows:

a. Amend Regulation (AA)(iv) to read:

"Pedestrian Walkway" means an enclosed pedestrian mid-block connection wholly contained within the “New Building” providing full and unencumbered access for residents and visitors of the “Existing Building” and “New Building,” as shown on Diagram 4 of By-law [Clerks to supply by-law #];"

2. City Council amend the Etobicoke Zoning Code, for the lands at 301 Dixon Road, substantially-in-accordance with the draft Zoning By-law Amendment attached as Attachment 13 to the report (October 25, 2023) from the Director, Community Planning, Etobicoke York District, amended as follows:

a. Amend Regulation 4.(i) to read:

"Pedestrian Walkway" means an enclosed pedestrian mid-block connection wholly contained within the “New Building” providing full and unencumbered access for residents and visitors of the “Existing Building” and “New Building,” as shown on as shown on Schedule ‘D’."

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

a. Submit a Functional Servicing Report to the satisfaction of the Executive Director, Engineering and Construction Services; and,

b. Make satisfactory arrangements with Engineering and Construction Services and enter into the appropriate agreement(s) with the City for the design and construction of any improvements to the municipal road infrastructure, should it be determined that upgrades to infrastructure are required to support this development according to the accepted Functional Servicing Report and Traffic Impact Study.

4. City Council recommend that the Chief Planner and Executive Director, City Planning secure through the Site Plan Control process for the proposed development, pursuant to Section 114 of the City of Toronto Act, 2006, the owner's obligation to:

a. Continue to provide and maintain the existing 225 rental dwelling units at 301 Dixon Road as rental housing for a period of at least 20 years commencing from the date the Zoning By-law Amendment comes into force and effect, with no application for demolition or conversion from residential rental use during the 20-year period, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; and,

b. Undertake improvements to the existing rental building, at its sole expense and at no cost to tenants, at 301 Dixon, as follows:

1. Full lobby renovation including new finishes, new tile floors, paint and furniture;

2. Main entrance vestibule renovations, including new flooring, windows and accessible doors;

3. Improvements to interior corridors, including painting and new carpets;

4. Repainting elevator doors on all floors; and,

5. Relocation indoors or enclosing the garbage storage associated with the existing building.

5. Prior to Site Plan Control approval for the development, City Council recommend the owner to submit a Construction Mitigation and Tenant Communication Plan, including an interim parking plan, to mitigate the impacts of construction of the development on tenants of the existing rental building, all to the satisfaction of the Chief Planner and Executive Director, City Planning.

6. Prior to Notice of Approval Conditions for Site Plan Control approval, City Council recommend that the Chief Planner and Executive Director, City Planning require the owner to provide, to the satisfaction of the Toronto and Region Conservation Authority, a 100-year hydraulic grade line assessment.

7. City Council recommend the Chief Planner and Executive Director, City Planning to include the following as Notice of Approval Conditions for Site Plan Control approval:

a. The owner will include into all purchases, agreements of purchase and sale or agreements to lease and condominium declaration document(s) advisory clauses for ground-floor units related to sound levels from road and air traffic. The advisory clauses shall be substantially in the form of the following:

1. Purchasers or tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road and air traffic may on occasion interfere with some activities of the occupant(s) as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks.

2. Purchasers or tenants acknowledge that despite the inclusion of noise control features in this development area and within the dwelling units, sound levels due to increasing road traffic will continue to be of concern on the patio, occasionally interfering with the activities of the occupant(s) as the sound level will exceed the noise criteria of the Municipality and the Ontario Ministry of the Environment, Conservation and Parks.

3. This dwelling unit has been supplied with an air conditioning system and will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks.

b. The owner will include into all purchases, agreements of purchase and sale or agreements to lease and condominium declaration document(s) advisory clauses for all units, excluding ground floor units, related to sound levels from road and air traffic. The advisory clauses shall be substantially in the form of the following:

1. Purchasers or tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road and air traffic may on occasion interfere with some activities of the dwelling occupants as the sound levels exceed the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks.

2. This dwelling unit has been supplied with an air conditioning system and will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks.

c. Development shall proceed in accordance with Site Plan Control drawings that clearly demonstrate the following at-receptor mitigation measures identified in the Environmental Noise Feasibility Study prepared by Valcoustics Canada Limited, dated March 21, 2023, amended on September 21, 2023, as follows:

1. Mandatory air conditioning in all dwelling units.

2. The Sound Transmission Class (STC) requirement for exterior wall construction shall be a minimum rating of STC 45.

3. The Sound Transmission Class (STC) requirement for exterior windows and glazing elements shall be a minimum rating of STC 34.

8. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendments as may be required.

9. City Council amend City of Toronto Municipal Code, Chapter 925, Permit Parking in order to prevent the residents of, visitors to, or tradespersons at 301 Dixon Road from obtaining a parking permit.

10. 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 or 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.

b. 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:

The buildings contain 370 units, served on site by 363 resident parking spaces, 33 visitor parking spaces and 6 accessible parking spaces. Additional parking for overflow, visitors and residents, including overnight, is of limited or no availability. Additional off street parking, potentially at additional cost, is not guaranteed, however may be available at:

For visitors: The 5 closest locations that provide off-street parking, Green P on-street parking, or parking for more than 3 hours.

For residents: The 5 closest off-street parking locations that offer overnight or monthly parking.

The Etobicoke York Community Council held a statutory public meeting on November 13, 2023, and notice was given in accordance with the Planning Act.

This application proposes to amend city-wide Zoning By-law 569-2013 and the former Etobicoke Zoning Code for the lands at 301 Dixon Road. The proposed zoning would permit an eight-storey mid-rise building fronting onto Dixon Road. The existing 16-storey rental apartment building is proposed to be retained.

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).

The proposal is a positive example of infill development and intensification in Apartment Neighbourhoods. At the ground level the proposed building is well articulated, and provides a new active frontage along Dixon Road. Generous setbacks along the east lot line allow for the conservation and protection of mature trees. The building height responds to the right-of-way width of Dixon Road and is reflective of a mid-rise built form typology.

The proposal includes improvements to the site and existing apartment building, helping to extend the life of the existing rental apartment building, promote environmental sustainability, and contribute to a high quality urban environment.