Item - 2024.TE16.2

The Toronto and East York Community Council recommends that:

1. City Council rescind its previous decision on Item 2023.TE5.45.

2. City Council amend the Official Plan for the lands at 374-390 Dupont Street in accordance with the draft Official Plan Amendment included as Attachment 1 to the report (September 9, 2024) from the Director, Community Planning, Toronto and East York District.

3. City Council amend Zoning By-law 569-2013 for the lands at 374-390 Dupont Street substantially in accordance with the draft Zoning By-law Amendment included as Attachment 2 to the report (September 9, 2024) from the Director, Community Planning, Toronto and East York District.

4. City Council authorize 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.

5. 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 Subsection 37(6) of the Planning Act that includes:

a. streetscape improvements on Dupont Street in the vicinity of the lands at 374-390 Dupont Street, including wider sidewalks, bump outs, street trees and similar public realm improvements;

b. public realm improvements that enhance the Dupont Toronto Transit Commission Subway Station entrances at the northwest and southeast corners of Spadina Road and Dupont Street, including seating, vegetation, wider sidewalks and public art; and

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

6. City Council request the owner to 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.

The Toronto and East York Community Council held a statutory public meeting on September 25, 2024 and notice was given in accordance with the Planning Act.

On June 14, 2023, City Council adopted staff recommendations, with amendments, to approve an Official Plan and Zoning By-law Amendment application to permit a 12-storey mixed-use building at 374-390 Dupont Street.

City Council required the owner to submit a revised Rail Safety Report for review and acceptance to the satisfaction of the Director, Community Planning, Toronto and East York District before introducing the necessary Bills to City Council for enactment.

The revised Rail Safety Report and peer review resulted in modifications to the proposal and the draft Zoning By-law Amendment.

This report recommends rescinding the previous City Council decision and carries forward the recommendation to amend the Official Plan along with a modified draft Zoning By-law Amendment in response to the revised Rail Safety Report and peer review, and recommends revised parking requirements.