Item - 2024.TE10.4

Tracking Status

TE10.4 - 914 Bathurst Street - Official Plan and Zoning By-law Amendment Application - Decision Report - Approval

Decision Type:
ACTION
Status:
Adopted on Consent
Ward:
11 - University - Rosedale

City Council Decision

City Council on February 6 and 7, 2024, adopted the following:

 

1. City Council amend the Official Plan for the lands at 914 Bathurst Street substantially in accordance with the draft Official Plan Amendment attached as Attachment 5 to the report (January 8, 2024) from the Director, Community Planning, Toronto and East York District.

 

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 914 Bathurst Street in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (January 8, 2024) from the Director, Community Planning, Toronto and East York District.

 

3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and draft Zoning By-law as may be required.

 

4. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into a Municipal Infrastructure Agreement to financially secure the construction of any improvements to the municipal infrastructure in connection with the accepted Functional Servicing Report by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required.

 

5. City Council request the Chief Planner and Executive Director, City Planning to secure the following through the site plan approval process:


a. an outdoor, publicly accessible source of drinking water;


b. low-carbon energy strategy as part of the site plan agreement that includes at least the following sustainability measures:

 

i. a highly energy-efficient building envelope;


ii. low carbon building heating and cooling, including heat pumps and Energy Recovery Units that provide sensible and latent heat recovery from ventilation in each suite;


iii. ample bicycle parking and electrical outlets for bicycle charging in the interior bicycle parking area;


iv. installation of 10 additional Electric Vehicle charging spaces;


v. fixtures and appliances that are highly efficient in their use of water and energy;


vi. electric-only appliances or fireplaces in the residential units;


vii. motion sensor-controlled LED lighting in common areas; and


viii. accommodation for future solar photovoltaic system;

 

c. improved Stormwater Management Measures;


d. installation of outdoor (dark sky) downward lighting;


e. provision of indoor space to segregate household hazardous waste and organic waste;


f. rainwater capture, used for site irrigation;


g. diversion of at least 60 percent of total construction waste from landfill;

 

h. installation of first 16.0 metre height of exterior glazing as bird friendly;

 

i. replacement of all trees on Bathurst Street to the maximum compatible with Toronto Transit Commission operations; and

 

j. to make every effort to achieve the requirements of Toronto Green Standards Version 4 Tier 2 or higher.

 

6. City Council request the General Manager, Transportation Services to review and report back on the feasibility of amending Schedule B of the City of Toronto Municipal Code Chapter 925, Permit Parking, to exclude the development located at 914 Bathurst Street from Permit Parking.

 

7. 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 and to report back to City Council for further instruction on any offer of in-kind community benefits made by the applicant.

 

8. City Council request that the owner make reasonable commercial efforts to convey off-site parkland to the City equal to the value of the on-site parkland dedication, in fulfilment of the parkland dedication requirements pursuant to Section 42 of the Planning Act, with the off-site parkland dedication to be acceptable to the General Manager, Parks, Forestry and Recreation and free and clear of any above or below grade encumbrances, with the exception of any encumbrances as may be otherwise approved by the General Manager, Parks, Forestry and Recreation, to be conveyed prior to the issuance of the first above grade building permit; and
 

a. in the event that the off-site parkland dedication is less than the value of the on-site parkland dedication, then the owner will pay cash-in-lieu of parkland to make up for the shortfall in parkland dedication, prior to the issuance of the first above grade building permit;
 

b. in the event that the owner is unable to provide an acceptable off-site parkland dedication to the City, the owner will be required to satisfy the parkland dedication requirement through the payment of cash-in-lieu; and

 

c. the value of the cash-in-lieu of parkland dedication will be appraised through Real Estate Services and payment will be required prior to the issuance of the first above grade building permit.

Public Notice Given

Statutory - Planning Act, RSO 1990

Background Information (Community Council)

(January 8, 2024) Report and Attachments 1-5 and 7-9 from the Director, Community Planning, Toronto and East York District on 914 Bathurst Street - Official Plan and Zoning By-law Amendment Application - Decision Report - Approval
https://www.toronto.ca/legdocs/mmis/2024/te/bgrd/backgroundfile-242041.pdf
Notice of Public Meeting
https://www.toronto.ca/legdocs/mmis/2024/te/bgrd/backgroundfile-242042.pdf
Attachment 6 - Draft Zoning By-law Amendment
https://www.toronto.ca/legdocs/mmis/2024/te/bgrd/backgroundfile-242460.pdf

Communications (Community Council)

(January 19, 2024) Letter from Barri Cohen, Interim Chair, Seaton Village Residentsí Association (TE.Supp)
https://www.toronto.ca/legdocs/mmis/2024/te/comm/communicationfile-176565.pdf
(January 22, 2024) E-mail from Daryl Christoff (TE.Supp)
(January 23, 2024) Letter from Sajedeh Zahraei (TE.Supp)
(January 23, 2024) Letter from George Patricio (TE.Supp)
(January 23, 2024) E-mail from Scott Walters (TE.Supp)
(January 22, 2024) Letter from Chad Wolfond, 2051690 Ontario Limited (TE.Supp)
(January 23, 2024) E-mail from Judith Newman (TE.Supp)
(January 23, 2024) E-mail from Ana dos Santos (TE.New)
(January 24, 2024) E-mail from Heather Sloman (TE.New)

TE10.4 - 914 Bathurst Street - Official Plan and Zoning By-law Amendment Application - Decision Report - Approval

Decision Type:
ACTION
Status:
Amended
Ward:
11 - University - Rosedale

Public Notice Given

Statutory - Planning Act, RSO 1990

Community Council Recommendations

The Toronto and East York Community Council recommends that:

 

1. City Council amend the Official Plan, for the lands at 914 Bathurst Street substantially in accordance with the draft Official Plan Amendment attached as Attachment 5 to the report (January 8, 2024) from the Director, Community Planning, Toronto and East York District.

 

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 914 Bathurst Street in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (January 8, 2024) from the Director, Community Planning, Toronto and East York District.

 

3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and draft Zoning By-law as may be required.

 

4. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into a Municipal Infrastructure Agreement to financially secure the construction of any improvements to the municipal infrastructure in connection with the accepted Functional Servicing Report by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required.

 

5. City Council request the Chief Planner and Executive Director, City Planning to secure the following through the site plan approval process:


a. an outdoor, publicly accessible source of drinking water;


b. low-carbon energy strategy as part of the site plan agreement that includes at least the following sustainability measures:

 

i. a highly energy-efficient building envelope;
ii. low carbon building heating and cooling, including heat pumps and Energy Recovery Units that provide sensible and latent heat recovery from ventilation in each suite;
iii. ample bicycle parking and electrical outlets for bicycle charging in the interior bicycle parking area;
iv. installation of 10 additional Electric Vehicle charging spaces;
v. fixtures and appliances that are highly efficient in their use of water and energy;
vi. electric-only appliances or fireplaces in the residential units;
vii. motion sensor-controlled LED lighting in common areas; and
viii. accommodation for future solar photovoltaic system;

 

c. improved Stormwater Management Measures;


d. installation of outdoor (dark sky) downward lighting;


e. provision of indoor space to segregate household hazardous waste and organic waste;


f. rainwater capture, used for site irrigation;


g. diversion of at least 60 percent of total construction waste from landfill;

 

h. installation of first 16.0 metre height of exterior glazing as bird friendly;

 

i. replacement of all trees on Bathurst Street to the maximum compatible with Toronto Transit Commission operations; and

 

j. to make every effort to achieve the requirements of Toronto Green Standards Version 4 Tier 2 or higher.

 

6. City Council request the General Manager, Transportation Services to review and report back on the feasibility of amending Schedule B of the City of Toronto Municipal Code Chapter 925, Permit Parking, to exclude the development located at 914 Bathurst Street from Permit Parking.

 

7. 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 and to report back to City Council for further instruction on any offer of in-kind community benefits made by the applicant.

 

8. City Council request that the owner make reasonable commercial efforts to convey off-site parkland to the City equal to the value of the on-site parkland dedication, in fulfilment of the parkland dedication requirements pursuant to Section 42 of the Planning Act, with the off-site parkland dedication to be acceptable to the General Manager, Parks, Forestry and Recreation and free and clear of any above or below grade encumbrances, with the exception of any encumbrances as may be otherwise approved by the General Manager, Parks, Forestry and Recreation, to be conveyed prior to the issuance of the first above grade building permit; and
 

a. in the event that the off-site parkland dedication is less than the value of the on-site parkland dedication, then the owner will pay cash-in-lieu of parkland to make up for the shortfall in parkland dedication, prior to the issuance of the first above grade building permit;
 

b. in the event that the owner is unable to provide an acceptable off-site parkland dedication to the City, the owner will be required to satisfy the parkland dedication requirement through the payment of cash-in-lieu; and

 

c. the value of the cash-in-lieu of parkland dedication will be appraised through Real Estate Services and payment will be required prior to the issuance of the first above grade building permit.

Decision Advice and Other Information

The Toronto and East York Community Council held a statutory public meeting on January 24, 2024 and notice was given in accordance with the Planning Act.

Origin

(January 8, 2024) Report from the Director, Community Planning, Toronto and East York District

Summary

This report reviews and recommends approval of the application to amend the Official Plan and Zoning By-law to permit a 12-storey mixed-use building with 155 dwelling units and a minimum of 30 square metres of commercial space on the ground floor.

Background Information

(January 8, 2024) Report and Attachments 1-5 and 7-9 from the Director, Community Planning, Toronto and East York District on 914 Bathurst Street - Official Plan and Zoning By-law Amendment Application - Decision Report - Approval
https://www.toronto.ca/legdocs/mmis/2024/te/bgrd/backgroundfile-242041.pdf
Notice of Public Meeting
https://www.toronto.ca/legdocs/mmis/2024/te/bgrd/backgroundfile-242042.pdf
Attachment 6 - Draft Zoning By-law Amendment
https://www.toronto.ca/legdocs/mmis/2024/te/bgrd/backgroundfile-242460.pdf

Communications

(January 19, 2024) Letter from Barri Cohen, Interim Chair, Seaton Village Residentsí Association (TE.Supp)
https://www.toronto.ca/legdocs/mmis/2024/te/comm/communicationfile-176565.pdf
(January 22, 2024) E-mail from Daryl Christoff (TE.Supp)
(January 23, 2024) Letter from Sajedeh Zahraei (TE.Supp)
(January 23, 2024) Letter from George Patricio (TE.Supp)
(January 23, 2024) E-mail from Scott Walters (TE.Supp)
(January 22, 2024) Letter from Chad Wolfond, 2051690 Ontario Limited (TE.Supp)
(January 23, 2024) E-mail from Judith Newman (TE.Supp)
(January 23, 2024) E-mail from Ana dos Santos (TE.New)
(January 24, 2024) E-mail from Heather Sloman (TE.New)

Speakers

Lisa Ward Mather, Senior Associate, Bousfields Inc.
George Patricio
Fahim Karmali

Motions

1 - Motion to Amend Item (Additional) moved by Councillor Dianne Saxe (Carried)

That:

 

1. City Council request the Chief Planner and Executive Director, City Planning to secure the following through the site plan approval process:


a. an outdoor, publicly accessible source of drinking water;
b. low-carbon energy strategy as part of the site plan agreement that includes at least the following sustainability measures:

 

i. a highly energy-efficient building envelope;
ii. low carbon building heating and cooling, including heat pumps and Energy Recovery Units that provide sensible and latent heat recovery from ventilation in each suite;
iii. ample bicycle parking and electrical outlets for bicycle charging in the interior bicycle parking area;
iv. installation of 10 additional Electric Vehicle charging spaces;
v. fixtures and appliances that are highly efficient in their use of water and energy;
vi. electric-only appliances or fireplaces in the residential units;
vii. motion sensor-controlled LED lighting in common areas; and
viii. accommodation for future solar photovoltaic system;

 

c. improved Stormwater Management Measures;
d. installation of outdoor (dark sky) downward lighting;
e. provision of indoor space to segregate household hazardous waste and organic waste;
f. rainwater capture, used for site irrigation;
g. diversion of at least 60 percent of total construction waste from landfill;
h. installation of first 16.0 metre height of exterior glazing as bird friendly;
i. replacement of all trees on Bathurst Street to the maximum compatible with Toronto Transit Commission operations; and
j. to make every effort to achieve the requirements of Toronto Green Standards Version 4 Tier 2 or higher.

 

2. City Council request the General Manager, Transportation Services to review and report back on the feasibility of amending Schedule B of the City of Toronto Municipal Code Chapter 925, Permit Parking, to exclude the development located at 914 Bathurst Street from Permit Parking.

 

3. 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 and to report back to City Council for further instruction on any offer of in-kind community benefits made by the applicant.

 

4. City Council request that the owner make reasonable commercial efforts to convey off-site parkland to the City equal to the value of the on-site parkland dedication, in fulfilment of the parkland dedication requirements pursuant to Section 42 of the Planning Act, with the off-site parkland dedication to be acceptable to the General Manager, Parks, Forestry and Recreation and free and clear of any above or below grade encumbrances, with the exception of any encumbrances as may be otherwise approved by the General Manager, Parks, Forestry and Recreation, to be conveyed prior to the issuance of the first above grade building permit; and
 

a. in the event that the off-site parkland dedication is less than the value of the on-site parkland dedication, then the owner will pay cash-in-lieu of parkland to make up for the shortfall in parkland dedication, prior to the issuance of the first above grade building permit;
 

b. in the event that the owner is unable to provide an acceptable off-site parkland dedication to the City, the owner will be required to satisfy the parkland dedication requirement through the payment of cash-in-lieu; and

 

c. the value of the cash-in-lieu of parkland dedication will be appraised through Real Estate Services and payment will be required prior to the issuance of the first above grade building permit.


Motion to Adopt Item as Amended moved by Councillor Chris Moise (Carried)
Source: Toronto City Clerk at www.toronto.ca/council