Item - 2024.TE16.3

The Toronto and East York Community Council recommends that:

1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 41-45 Spadina Road substantially in accordance with the draft Zoning By-law Amendment included as Attachment 5 to the report (September 9, 2024) from the Director, Community Planning, Toronto and East York District, and as amended by Recommendation 14 below.

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 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 41-45 Spadina Road from Permit Parking.

4. City Council approve the Rental Housing Demolition Application (File 24 146972 STE 11 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 one (1) existing rental dwelling unit located at 41-45 Spadina Road.

5. City Council authorize the Chief Planner and Executive Director, City Planning to issue Preliminary Approval for the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code for the demolition of the one (1) existing rental dwelling unit at 41-45 Spadina Road.

6. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning has given Preliminary Approval referred to in Recommendation 5 above.

7. City Council direct that before introducing the necessary Bills to City Council for enactment, the owner is required to, at its sole cost and expense:

a. submit a revised Functional Servicing and Stormwater Management Report for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

b. 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.

8. City Council be advised that the Chief Planner and Executive Director, City Planning will secure the following matters, among others, in a Site Plan Agreement with the City through the Site Plan Control process:

a. the owner shall continue to provide and maintain the existing 24 rental units at 41-45 Spadina 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

b. the owner shall undertake improvements to the existing rental building, at its sole expense and at no cost to tenants, at 41-45 Spadina Road, with such improvements and related timing for the improvements to be undertaken to be informed by a tenant survey and tenant meeting and identified by the owner to the satisfaction of the Chief Planner and Executive Director, City Planning prior to Site Plan Approval for the development.

9. 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 prior to Site Plan Approval.

10. City Council request 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 if the applicant offers such an in-kind community benefit.

11. City Council request Development Review staff to consult with existing tenants and the applicant throughout the site plan and building permit process with respect to outstanding concerns, especially those related to construction impacts.

12. 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.

13. City Council request the Chief Planner and Executive Director, City Planning to consider securing the following as part of the site plan agreement, as per the applicant’s written commitment in their letter of September 23, 2024:

a. outdoor seating, to be located within or adjacent to the public right-of-way for public use, in consultation with Transportation Services; 

b. a requirement for future owners to be advised that the property at 41-45 Spadina Road will not be eligible for public waste pickup; and

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

1. a highly energy-efficient building envelope;

2. low carbon building heating and cooling systems, not including natural gas;

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

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

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

6. accommodation for future solar photovoltaic system;

7. improved Stormwater Management Measures;

8. installation of outdoor (dark sky) downward lighting; and

9. provision of indoor space dedication for household hazardous waste.

14. City Council direct the Chief Planner and Executive Director, City Planning to revise the draft By-law attached as Attachment 5 to the report (September 9, 2024) from the Director, Community Planning, South District to change the requirement for a Type-G loading area to a Type-C loading area.

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 and the City of Toronto Act, 2006.

This report reviews and recommends approval of the application to amend the Zoning By-law to permit a new 10-storey addition above an existing 4-storey heritage designated apartment building. The 14-storey residential building will have a total of 94 residential units, including 24 existing residential units. The applicant proposes to keep the existing 4-storey heritage building tenanted during construction.

This report reviews and recommends approval of the Rental Housing Demolition application under Chapter 667 of the Toronto Municipal Code to convert one vacant rental dwelling unit from a 3-bedroom to a 2-bedroom unit. As the impacted rental unit is currently vacant, a Tenant Relocation and Assistance Plan is not required.