Item - 2023.TE6.2

The Toronto and East York  Community Council recommends that:

1. City Council amend Zoning By-law 569-2013 for the lands at 3239-3251 Dundas Street West substantially in accordance with the draft Zoning By-law Amendment included as Attachment 1 to the supplementary report (June 16, 2023) from the Acting Director, Community Planning, Toronto and East 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 determine that the revisions reflected in the proposed Zoning By-law Amendment included as Attachment 1 to the supplementary report (June 16, 2023) from the Acting Director, Community Planning, Toronto and East York District are minor in nature and, pursuant to Section 34(17) of the Planning Act, no further public notice is required in respect of the revisions within the proposed Zoning By-law Amendment.

4. As part of the Site Plan Control process, City Council direct that the applicant must submit revised Architectural Plans with façade design and building materiality to the satisfaction of the Chief Planner and Executive Director, City Planning.

5. City Council approve the Rental Housing Demolition Application File 21 247134 STE 04 RH in accordance with Chapter 667 of the Toronto Municipal Code and pursuant to Section 111 of the City of Toronto Act, 2006, which allows for the demolition of two (2) existing rental dwelling units located at 3251 Dundas Street West, subject to the following condition:

a. the owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants of the two rental dwelling units proposed to be demolished, including addressing the provision of alternative accommodation at similar rents in the form of rent gap payments to assist in transitioning to market rental housing, and other assistance to mitigate hardship; the Tenant Relocation and Assistance Plan shall be to the satisfaction of the Chief Planner and Executive Director, City Planning; and

b. the owner shall enter into, and register on title at 3239-3251 Dundas Street West, an agreement pursuant to Section 111 of the City of Toronto Act, 2006, to secure the condition outlined in Recommendation 5.a. above, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

6. City Council authorize the Chief Planner and Executive Director, City Planning to issue Preliminary Approval of the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 for the demolition of two (2) existing rental dwelling units at 3251 Dundas Street West after all the following have occurred:

a. all conditions in Recommendation 5 above have been fully satisfied and secured;

b. the Zoning By-law Amendments have come into full force and effect;

c. the issuance of the Notice of Approval Conditions for site plan approval by the Chief Planner and Executive Director, City Planning or designate, pursuant to Section 114 of the City of Toronto Act, 2006;

d. the issuance of excavation and shoring permits (conditional or full permit) for the approved development on the site;

e. the execution and registration of one or more agreements by the Owner, to the satisfaction of the City Solicitor, to secure the Tenant Relocation and Assistance Plan required in Recommendation 5 above and any other rental housing matters as deemed appropriate or necessary by the Chief Planner and Executive Director, City Planning; and

f. written confirmation by the owner that all existing rental dwelling units are vacant.

7. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning has given the Preliminary Approval referred to in Recommendation 6 above.

8. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Residential Demolition Permit under Section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for 3239-3251 Dundas Street West after the Chief Planner and Executive Director, City Planning has given the Preliminary Approval referred to in Recommendation 6 above, which may be included in the Rental Housing Demolition Permit under Chapter 667 pursuant to section 6.2 of Chapter 363, on condition that:

a. the owner removes all debris and rubble from the site immediately after demolition to the satisfaction of the Chief Building Official and Executive Director, Toronto Building;

b. the owner erects solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building;

c. the owner erects the proposed building no later than five years from the date on which the demolition of the existing rental dwelling units commences, subject to the timeframe being extended at the discretion of the Chief Planner and Executive Director, City Planning; and

d. should the owner fail to complete the proposed development within the time specified the in Recommendation 8.c. above, the City Clerk shall be entitled to enter on the collector’s roll, as with municipal property taxes, an amount equal to the sum of $20,000 per dwelling unit for which a demolition permit is issued, and that such amount shall, until payment, be a lien or charge upon the land for which the Residential Demolition Permit is issued.

The Toronto and East York Community Council held a statutory public meeting on June 22, 2023 and notice was given in accordance with the Planning Act.

This report reviews and recommends approval of the application to amend the Zoning By-law to permit an eight-storey mixed-use building with 88 dwellings units and 230 square metres of commercial space on the ground floor. The proposal will provide a contextually appropriate Mid-Rise building that fits within the planned and existing context and appropriately transitions to lower scaled neighbourhood areas to the south of the site. The report also recomments approval of the application to demolish two rental dwelling units, subject to the conditions set out in this report.

On May 24, 2023, Toronto and East York Commmunity Council deferred consideration of the Decision Report for the proposed development at 3239-3251 Dundas Street West to the June 22, 2023 meeting of Toronto and East York Community Council at the request of the applicant to allow the applicant to work with the City to make necessary amendments to the draft Zoning By-law in order for them to incorporate a geo-thermal energy facility within the proposed development.

This report provides a revised draft Zoning By-law for 3239-3251 Dundas Street West which includes the necessary changes to allow for said facility.