Item - 2024.TE18.4
Tracking Status
- City Council adopted this item on December 17 and 18, 2024 without amendments.
- This item was considered by Toronto and East York Community Council on December 4, 2024 and was adopted with amendments. It will be considered by City Council on December 17 and 18, 2024.
- See also By-laws 1410-2024, 1411-2024
TE18.4 - 452 Bathurst Street - Zoning By-law Amendment Application and City-Initiated Official Plan Amendment - Decision Report - Approval
- Decision Type:
- ACTION
- Status:
- Adopted
- Ward:
- 11 - University - Rosedale
City Council Decision
City Council on December 17 and 18, 2024, adopted the following:
1. City Council amend the Official Plan for the lands at 452 Bathurst Street in accordance with the draft Official Plan Amendment included as Attachment 6 to the report (November 18, 2024) from the Director, Community Planning, Toronto and East York District.
2. City Council amend Zoning By-law 569-2013 for the lands 452 Bathurst Street substantially in accordance with the draft Zoning By-law Amendment included as Attachment 7 to the report (November 18, 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 Amendment as may be required.
4. 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:
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.
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 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.
6. City Council request the Chief Planner and Executive Director, City Planning to consider securing the following as part of the site plan agreement:
a. an outdoor, publicly accessible source of drinking water;
b. outdoor seating, to be located within or adjacent to the public right-of-way for public use, in consultation with Transportation Services; 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, including Energy Recovery Units that provide sensible and latent heat recovery from ventilation in each suite;
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;
9. provision of indoor space dedication for household hazardous waste; and
10. Electric Vehicle Supply Equipment spaces for 100 percent of motor vehicle parking.
Public Notice Given
Statutory - Planning Act, RSO 1990
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2024/te/bgrd/backgroundfile-250766.pdf
Attachment 7 - Draft Zoning By-law Amendment
https://www.toronto.ca/legdocs/mmis/2024/te/bgrd/backgroundfile-251300.pdf
Notice of Public Meeting
https://www.toronto.ca/legdocs/mmis/2024/te/bgrd/backgroundfile-250767.pdf
Communications (Community Council)
https://www.toronto.ca/legdocs/mmis/2024/te/comm/communicationfile-185166.pdf
Motions (City Council)
TE18.4 - 452 Bathurst Street - Zoning By-law Amendment Application and City-Initiated Official Plan Amendment - 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 452 Bathurst Street in accordance with the draft Official Plan Amendment included as Attachment 6 to the report (November 18, 2024) from the Director, Community Planning, Toronto and East York District.
2. City Council amend Zoning By-law 569-2013 for the lands 452 Bathurst Street substantially in accordance with the draft Zoning By-law Amendment included as Attachment 7 to the report (November 18, 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 Amendment as may be required.
4. 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:
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.
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 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.
6. City Council request the Chief Planner and Executive Director, City Planning to consider securing the following as part of the site plan agreement:
a. an outdoor, publicly accessible source of drinking water;
b. outdoor seating, to be located within or adjacent to the public right-of-way for public use, in consultation with Transportation Services; 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, including Energy Recovery Units that provide sensible and latent heat recovery from ventilation in each suite;
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;
9. provision of indoor space dedication for household hazardous waste; and
10. Electric Vehicle Supply Equipment spaces for 100 percent of motor vehicle parking;
Decision Advice and Other Information
The Toronto and East York Community Council held a statutory public meeting on December 4, 2024 and notice was given in accordance with the Planning Act.
Origin
Summary
This report reviews and recommends approval of an application to amend the Zoning By-law and a City-initiated Official Plan Amendment to permit a 22-metre (6-storeys, excluding mechanical penthouse) mixed-use building with a maximum permitted total gross floor area of 7,500 square metres, and a minimum non-residential gross floor area of 250 square metres.
Background Information
https://www.toronto.ca/legdocs/mmis/2024/te/bgrd/backgroundfile-250766.pdf
Attachment 7 - Draft Zoning By-law Amendment
https://www.toronto.ca/legdocs/mmis/2024/te/bgrd/backgroundfile-251300.pdf
Notice of Public Meeting
https://www.toronto.ca/legdocs/mmis/2024/te/bgrd/backgroundfile-250767.pdf
Communications
https://www.toronto.ca/legdocs/mmis/2024/te/comm/communicationfile-185166.pdf
Motions
That:
4. 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:
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.
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 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.
6. City Council request the Chief Planner and Executive Director, City Planning to consider securing the following as part of the site plan agreement:
a. an outdoor, publicly accessible source of drinking water;
b. outdoor seating, to be located within or adjacent to the public right-of-way for public use, in consultation with Transportation Services; 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, including Energy Recovery Units that provide sensible and latent heat recovery from ventilation in each suite;
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;
9. provision of indoor space dedication for household hazardous waste; and
10. Electric Vehicle Supply Equipment spaces for 100 percent of motor vehicle parking;