Item - 2023.EY9.5

The Etobicoke York Community Council recommends that:

1. City Council amend the City of Toronto By-law 569-2013 for the lands at 5 Capri Road substantially-in-accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (October 25, 2023) from the Director, Community Planning, Etobicoke 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. City Council approve that, in accordance with Section 42 of the Planning Act, prior to the issuance of the first above ground building permit, the owner shall convey to the City, an on-site parkland dedication having a minimum size of 1305 square metres, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

4. 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; the owner may propose the exception of encumbrances of tiebacks, where such an encumbrance is deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor; and such an encumbrance will be subject to the payment of compensation to the City, in an amount determined by the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management.

5. City Council allow either the 4 percent Community Benefits Charge to be paid by the owner in full or allow the owner of 5 Capri Road to convey the 472 square metres of additional parkland (the "parkland over-dedication") as an in-kind contribution pursuant to subsection 37(6) of the Planning Act, in part, free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition, prior to the issuance of the first above ground building permit, which is above the value of the Section 42 parkland dedication requirement, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

6. City Council attribute a value to the parkland over-dedication equal to a percentage of 4 percent of the value of the land (net of any exclusions or exemptions authorized under the Community Benefits Charge By-law), as determined the day before the first above ground building permit is issued in respect of the development, and the difference between this value and the 4 percent value of the land is to be paid by the owner as Community Benefits Charge.

7. City Council authorize the Chief Planner and Executive Director, City Planning to enter into an agreement pursuant to subsection 37(7.1) of the Planning Act (the In-kind Contribution Agreement) to address the provision of the in-kind contribution of the parkland over-dedication to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, with such agreement to be registered on title to the lands, which agreement shall be evidence of arrangements for the provision of the in-kind contribution that are satisfactory to City Council.

8. 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 for the on-site parkland dedication and the Parkland Over-dedication to the satisfaction of the General Manager, Parks, Forestry and Recreation, and 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, 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.

9. City Council recommend to the Chief Planner and Executive Director, City Planning that the following matters, among others, be secured through the Site Plan Control approval for the proposed development, pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City as follows:

a. the owner shall construct a public pedestrian access pathway (the Pedestrian  Pathway) with an approximate area of 778 square metres, described as being along the perimeter of the site and parallel to Highway 427, connecting the proposed public park, an Enhanced Landscaped Area, and providing points of access for future northward and southward extensions, as indicated in the   Landscape Plan, dated August 23, 2023, and prepared by STUDIO, and its detailed design to be determined and the delivery of an associated at grade easement to be secured through the Site Plan Control process for the proposed   development in accordance with the following:

1. prior to the Statement of Approval, the owner will convey a surface easement in perpetuity over the Pedestrian Pathway to the City for nominal consideration, all to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the City Solicitor;

2. the construction of the Pedestrian Pathway will be a post-approval condition of the Notice of Approval Conditions, to be secured as part of the Site Plan Agreement, all to the satisfaction of the Chief Planner, and Executive Director, City Planning, and the General Manager, Transportation Services;

3. the Pedestrian Pathway will be fully accessible to the public (subject to standard exceptions, including for illegal activity), available during appropriate hours of operation throughout the year (save and except for special events, maintenance, repairs and emergencies) and appropriately lit for safety after dark;

b. the owner shall construct and maintain an Enhanced Landscaped Area with public access located within the portion of the Block 2 lands between the existing building and Capri Road extension with an approximate area of 422 square metres in accordance with the following:

1. prior to the Statement of Approval, the owner will convey a surface easement in perpetuity over the Enhanced Landscaped Area to the City for nominal consideration, all to the satisfaction of the Chief Planner, and Executive Director, City Planning, the General Manager, Transportation Services, and the City Solicitor;

2. the construction of the Enhanced Landscaped Area will be a post-approval condition of the Notice of Approval Conditions, to be secured as part of the Site Plan Agreement, all to the satisfaction of the Chief Planner, and Executive Director, City Planning, and the General Manager, Transportation Services; and

3. the enhanced landscaped area will be fully accessible to the public, not gated from the street, available 24/7 throughout the year (save and except for repairs or emergencies) and appropriately lit for safety after dark.

c. The owner shall continue to provide and maintain the existing 327 rental units at 5 Capri 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 to condominium ownership or from residential rental use during the 20-year period, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; and

d. The owner shall undertake improvements to the existing rental apartment building at 5 Capri Road, at its sole expense and at no cost to the tenants, as follows:

1. Construct at least 424 square metres of dedicated outdoor amenity space for the existing rental apartment building;

2. Construct at least 303.4 square metres of indoor amenity space for the existing rental apartment building;

3. laundry room upgrades, including accessibility improvements to be finalized at Site Plan Control review; and

4. improved garbage/recycling collection areas for the existing rental apartment building, to be finalized at Site Plan Control review.

10. Prior to Statement of Approval for Site Plan Control, City Council require 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 the tenants of the existing rental apartment building, all to the satisfaction of the Chief Planner and Executive Director, City Planning.

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 5 Capri Road 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.

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 1132 units, served on site by 875 resident parking spaces, 66 visitor parking spaces and 25 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 the Zoning By-law to permit the development of a mixed-use building containing three 22-storey towers connected by a four-, six- and eight-storey base building on the southern portion of the site. A total of 805 residential units, 113 square metres of retail space on the ground floor and 693 square metres of daycare space on the ground floor and second floor are proposed. The total proposed gross floor area is 57,705 square metres. The proposal will also require the extension of Capri Road and includes the creation of a public park and an enhanced landscaped area intended for resident and community use. The existing 24-storey apartment building on the site is to remain.

This report recommends approval of the application to amend the Zoning By-law subject to the conditions listed in the holding provision. Provided the matters subject to the holding provision are addressed, staff have determined that the proposed development conforms with the Official Plan, is consistent with the City's urban design guidelines, and represents an appropriate infill development that is compatible with the existing and planned context.

A Decision Report – Approval, dated October 25, 2023, was submitted for the November 13, 2023 Etobicoke York Community Council meeting (2023.EY9.5). The October 25 report included recommendations regarding required Parkland Dedication in accordance with Section 42 of the Planning Act, as well as potential over-dedication of parkland that were subsequently identified as being incorrect. The Supplementary Report rectifies the Parkland Dedication amounts.

The Supplementary Report also provides an update to the proposed parking rates, further to a reconsideration by Transportation Services of parking analysis information provided by the applicant. A revised Draft Zoning By-law Amendment is attached that reflects the adjustments.

Further, this report provides clarity on the effect of the Draft Zoning By-law Amendment as it relates to the adjacent sites (7 Capri Road and 580 The East Mall) currently under Exception 107, and on the minimum size for a day nursery should one be provided.