STAFF REPORT ACTION REQUIRED

2376 Dundas Street West, Zoning Amendment Application - Preliminary Report

Date: February 17, 2012

To: Toronto and East York Community Council

From: Director, Community Planning, Toronto and East York District

Wards: Ward 14 – Parkdale-High Park

Reference 11 317575 STE 14 OZ Number:

SUMMARY

This application proposes to amend the former City of Toronto Zoning By-law 438-86 to permit the construction of a new 9-storey mixed-use building fronting on Dundas Street West, a three storey podium building extending to the east from this building and a 26- storey tower on the east side of the site adjacent the rail corridor. The proposed development would include a total of 389 residential units and two levels of below-grade parking with 240 parking spaces. Two hundred and ninety-nine bicycle parking spaces are proposed. Vehicular access will be provided from a driveway off Dundas Street West along the northern boundary of the site.

The proposal also includes a pedestrian walkway at the southern edge of the site to provide a connection to the Bloor GO Transit / Air Link Station.

The application in its current form is not supportable. Of considerable concern to staff is the appropriateness of the proposed tall building.

The further processing of the application and public consultation process are recommended in order to give the applicant the opportunity to work with City staff, the community and the Ward Councillor to

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address these and other issues that may arise through further review of the application.

RECOMMENDATIONS

The City Planning Division recommends that:

1. Staff be directed to schedule a community consultation meeting for the lands at 2376 Dundas Street West together with the Ward Councillor.

2. Notice for the community consultation meeting be given to landowners and residents within 120 metres of the site.

3. Notice for the public meeting under the Planning Act be given according to the regulations under the Planning Act.

DECISION HISTORY

The subject site was included within the boundary of the Bloor-Dundas Avenue Study, which was completed in September, 2009. The Study and the implementing Avenue By- law were the result of a three year consultation process with the area residents and City Planning staff. Council adopted the Avenue By-law at its meeting on Nov. 30, Dec. 1, 2, 4 and 7, 2009.

Zoning By-law No. 1222-2009 (the "Avenues By-law") which implements the recommendations of the Avenue Study provided for heights of up to 20 metres on the western portion of the site (approximately 6 storeys) and 23 metres (approximately 7 storeys) on the eastern portion of the property. The Zoning provided a density formula of MCR T4.0 C1.5 R3.0. The above noted Zoning By-law amendment is currently under appeal as a result of an appeal filed regarding a development proposal on a nearby site (1540 Bloor Street West).

The site of the proposed development was also the subject of an Ontario Municipal Board hearing in 1997 which resulted in an OMB decision which determined that the proposed development of a 5-storey building on Dundas Street West and an 11-storey building on the eastern portion of the property would be appropriate. The Board member determined that the 5-storey and 11-storey proposal was appropriate in part because the 11-storey building represented an appropriate transition from the 29-storey Crossways building to the south of the site to the lower scale building forms on the west side of Dundas Street West. The Board didn't issue a final order in the case and the resulting Official Plan amendment and Zoning By-law amendment were not implemented. Since then, the above noted Avenues Study has been conducted and implementing Avenue By-law passed by City Council.

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Pre-Application Consultation Pre-application consultation meetings were held on September 21, 2010 and June 21, 2011. A community meeting hosted by the local Councillor and attended by the applicant and their consultants was held on October 20, 2011. At the community meeting the applicant presented a proposal for a 9-storey building on Dundas Street West and a 29-storey building on the eastern portion of the property adjacent the railway track. The proposal also included a vehicular pick-up/drop-off area for the GO Transit Station to serve the proposed Air Link. The public was critical of the proposed height of the 29 storey building and also raised concerns regarding the increased traffic resulting from the development and the pick-up/drop-off associated with the GO Transit station. The development proposal as submitted reduced the height of the taller building from 29 to 26-storeys and removed the proposed vehicular access and pick-up/drop-off area for the GO Transit Station.

ISSUE BACKGROUND

Proposal The subject is located on the east side of Dundas Street West north of Bloor Street West. The site is immediately north of the Crossways apartment buildings on the north-east corner of Bloor Street West and Dundas Street West. The applicant proposes to construct a 9-storey mid-rise form, mixed-use building with commercial uses at grade on the Dundas Street West frontage of the property. The applicant is proposing a 26-storey tower on the eastern portion of the property closer to the CN/GO Transit rail corridor which form the eastern boundary of the site. The proposed 9-storey building and 26- storey tower would be connected by a 3-storey link building which will act as a podium for the tower building.

The project would include 389 residential units and retail uses at grade on Dundas Street West. The proposed buildings would have a gross floor area of approximately 27,014 square metres, of which 357 square metres would be allocated to retail uses at grade. The height of the 9-storey building is approximately 30 metres, with an additional 5.0 metres for the mechanical penthouse for an overall height of approximately 35.0 metres. The proposed 26-storey building would be approximately 82 metres in height with an additional 5.0 metres for the mechanical penthouse for an overall height of approximately 87.0 metres. The proposed density would be 4.6 times the lot area.

The applicant proposes to provide 240 parking spaces to serve this development, all of which would be provided below-grade in a two-level parking garage, with the exception of 2 disabled parking spaces which would be provided at grade. The proposal includes 299 bicycle parking spaces (all visitor spaces and 5% of occupant spaces to be provided at-grade). Proposed indoor and outdoor amenity space would meet the By-law requirement of 2 square metres per unit.

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Site and Surrounding Area The subject site is located on the east side of Dundas Street West north of Bloor Street West. The site is immediately north of the Crossways apartment buildings on the north- east corner of Bloor Street West and Dundas Street West. The site is rectangular in shape with a frontage of approximately 53 metres on Dundas Street West and an irregular depth of approximately 100 to 122 metres. The site has an area of approximately 5,860 square metres. The western half of the property was most recently occupied by a used car dealership. The dealership has recently ceased operation and that portion of the site is currently vacant. The eastern portion of the property has been vacant for several years.

The site is surrounded by the following uses:

North: The site is bounded by the north by a retail plaza and associated parking. Further north are warehouse buildings of 2-5 storeys.

South: To the south of the site are two 29-storey apartment buildings known as “The Crossways” (2340-2360 Dundas Street West, approximately 81 metres in height). The two buildings are connected at their base by an indoor mall within a two- storey podium. Beyond this building is Bloor Street West and a variety of commercial, institutional and residential uses.

West: To the west the site is bounded by Dundas Street West. On the west side of Dundas Street are residential and main-street commercial buildings of 2-3 storeys. Many of the residential units on Dundas Street West are grade-related units. The TTC Dundas West Subway Station which has streetcar, bus and pedestrian entrances is located just south of the subject site.

East: The eastern edge of the site is defined by the CN/GO Transit rail corridor.

Provincial Policy Statement and Provincial Plans The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. The PPS sets the policy foundation for regulating the development and use of land. The key objectives include: building strong communities; wise use and management of resources; and, protecting public health and safety. City Council’s planning decisions are required to be consistent with the PPS.

The Growth Plan for the Greater Golden Horseshoe provides a framework for managing growth in the Greater Golden Horseshoe including: directions for where and how to grow; the provision of infrastructure to support growth; and protecting natural systems and cultivating a culture of conservation. City Council’s planning decisions are required to conform, or not conflict, with the Growth Plan for the Greater Golden Horseshoe.

Staff will review the proposed development for consistency with the PPS and for conformity with the Growth Plan for the Greater Golden Horseshoe. Staff report for action – Preliminary Report - 2376 Dundas Street West 4 V.01/11

Official Plan The subject site is designated “Mixed Use Areas” in the City of Toronto Official Plan. This designation permits a broad range of commercial, residential and institutional uses and includes policies and development criteria to guide development and its transition between areas of different development intensity and scale.

The development criteria in “Mixed Use Areas” include, but are not limited to: - creating a balance of high quality commercial, residential, institutional and open space uses that reduces automobile dependency and meets the needs of the local community; - providing for new jobs and homes for Toronto’s growing population on underutilized lands; - locating and massing new buildings to provide a transition between areas of different development intensity and scale; - locating and massing new buildings to frame the edges of streets and parks; - providing an attractive, comfortable and safe pedestrian environment; - providing good site access and circulation and an adequate supply of parking for residents and visitors; - locating and screening service areas, ramps and garbage storage to minimize the impact on adjacent streets and residences; and - providing indoor and outdoor recreation space for building residents in every significant multi-residential development.

The site is located on an Avenue, as shown on Map 2 – Urban Structure of the Official Plan.

Avenues are “important corridors along major streets where reurbanization is anticipated and encouraged to create new housing and job opportunities, while improving the pedestrian environment, the look of the street, shopping opportunities and transit service for community residents”, according to Section 2.2.3 of the Plan.

The Avenues will be transformed incrementally. They will change building-by-building over a number of years. The framework for new development on each Avenue will be established through an Avenue Study, resulting in appropriate zoning and design guidelines created in consultation with the local community. The zoning by-law will set out the mix of uses, heights, densities, setbacks and other zoning standards.

Staff will be evaluating the proposed development based upon the City’s Avenues and Mid-Rise Buildings Study design criteria. These include a review of the proposed development based on standards for height, setbacks, stepbacks, angular plane relationships and relationships to adjacent streets. These criteria are designed to address issues such as shadowing, overlook and appropriate massing.

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Section 3.1.3 contains specific policies on tall buildings and built form principles to be applied to the location and design of tall buildings. The background text in Section 3.1.3, which provides context for the policies, is clear in stating that tall buildings do not belong everywhere. Tall buildings are generally limited to areas in which they are permitted by a Secondary Plan, an area specific policy, a comprehensive zoning by-law, or site specific zoning. Tall buildings will only be permitted in other areas on the basis of appropriate planning justification consistent with the policies of the Official Plan.

Bloor Visioning and Bloor-Dundas Avenue Study

Bloor Visioning Initiative In response to community and development interest, City Planning staff with the Ward Councillor began the Bloor Visioning initiative in October 2007. The intent of the visioning initiative was to inform and engage the community to assist City Planning staff by examining the larger context and the implications of development within the Avenue Segment in the absence of an Avenue Study. The Bloor Visioning initiative produced seven guiding principles that are intended to promote responsible intensification, to foster and support a compact, complete community that is well designed and offers transportation choices. These principles include:

1. Encourage community vitality through a mix of uses that includes retail/commercial at-grade; 2. Enhance the pedestrian and cyclist experience along Bloor Street West. 3. Encourage opportunities to green the public and private realms; 4. Improve and integrate transit services and facilities; 5. Encourage development at an appropriate scale and density that is compatible with the existing built form, street width and neighbourhood context; 6. Encourage high quality architecture that builds upon the positive attributes of the area; and 7. Protect existing Neighbourhoods from negative impacts.

The report on the Bloor Visioning initiative recommended that City Council forward the results of the initiative to the retained consultant to inform the Avenue Study for the Bloor Street West and Dundas Street West area. A copy of the Bloor Visioning report is available on the City’s website at: http://www.toronto.ca/legdocs/mmis/2008/te/bgrd/backgroundfile-14044.pdf

Bloor Dundas Avenue Study At its March 2008 meeting, City Council approved an Avenue Study for the portion of Bloor Street West between Keele Street and Dundas Street West and for Dundas Street West between Glenlake Avenue and Boustead Avenue.

City Planning staff and the consulting team established and consulted with a Local Advisory Committee (LAC). The LAC was comprised of local stakeholders including residents, business owners and property owners. The role of the LAC was to advise City Staff report for action – Preliminary Report - 2376 Dundas Street West 6 V.01/11

Planning staff and the consulting team of issues and opportunities within the area and to provide feedback throughout the study process. The LAC met on four occasions between June 2008 and March 2009 to discuss issues specific to the development of the Avenue Study and to review and comment on the evolving built form recommendations.

The Avenue Study provides a long-term plan for the area that integrates a community vision. It also creates an updated and defensible policy framework for assessing future development applications.

The final report on the Bloor Dundas Avenue Study is available on the City’s website at: http://www.toronto.ca/planning/bloordundas.htm

Zoning Zoning By-law No. 1222-2009 (the "Avenues By-law"), which implements the recommendations of the Avenues Study provides for heights of up to 20 metres on the western portion of the site (approximately 6 storeys) and 23 metres (approximately 7 storeys) on the eastern portion of the property. The Zoning provided a density formula of MCR T4.0 C1.5 R3.0. The above noted Zoning By-law amendment is currently under appeal as a result of an appeal filed on a development proposal at a nearby site (1540 Bloor Street West). The zoning currently in force on the property (I1 D2 Zone) provides permissions for a ranges of non-residential uses with a density of 2.0 times the area of the lot.

Site Plan Control The proposed development is subject to site plan approval. No site plan submission has been made to date.

Reasons for the Application The applicant has submitted a Zoning By-law Amendment application to permit a building that exceeds the permitted maximum building height of 20 metres on the western portion of the property and 23 metres for the eastern portion of the property by approximately 15 metres and 54 metres respectively. In addition, the proposed building does not comply with other restrictions that are in effect on the lands.

COMMENTS

Application Submission The following reports/studies were submitted with the application:

- Planning Rationale Report; - Shadow Study; - Pedestrian Level Wind Study; - 3-D Building Massing Model; - Boundary Plan of Survey;

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- Architectural Plans; - Concept Landscape Plan and Tree Planting Plan; - Context Plan; - Underground Garage Plans; - Functional Servicing and Stormwater Management Report; - Traffic Impact and Parking Study; - Environmental Assessment Reports; - Noise and Vibration Impact Study; - Green Standards Checklist; and - Energy Modelling Report.

A Notification of Complete Application was issued on January 10, 2012.

Issues to be Resolved The application, as currently proposed, is not supportable by Staff as the proposed tall building is not consistent with the conclusions of the Bloor-Dundas Avenue Study.

Issues to be addressed include, but are not necessarily limited to:

1. Ensuring that the development of the site conforms with the Bloor-Dundas Avenues Study and Urban Design Guidelines.

2. Conformity with the Mixed Uses Areas policies of the Official Plan, including the requirement that development result in a height built form and massing which provides for a transition to areas of different development intensity and scale.

3. Consideration of the Avenues and Mid-Rise Buildings Study design criteria with regard to the proposed mid-rise building on Dundas Street West.

4. Compliance with the Design Criteria for Review of Tall Building Proposals for the proposed tall building on the eastern portion of the property, if this is determined to be an appropriate site for a tall building.

5. Traffic, parking, site servicing, and impacts on the pedestrian realm that may result from the intensity and scale of the proposed development.

6. The opportunity to provide improved connections to the GO Transit Station and the proposed Air/Rail Link.

7. Identification and securing of community benefits under Section 37 of the Planning Act, should the proposed development, or some version thereof advance.

Additional issues may be identified through the further review, circulation to City Divisions and the community consultation process.

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Toronto Green Standard The Toronto Green Standard (TGS) is a tool to implement the broader environmental policies of the Official Plan. Several of the natural environment policies of the Official Plan encourage green development. These policies are geared to reduce the negative impacts of development on the natural environment through practices such as improved stormwater management, water and energy efficiency, and waste reduction and recycling. These policies also promote development that enhances the natural environment and support green industry. The TGS Checklist has been submitted by the applicant and is currently under review by City staff for compliance with the Tier 1 performance measures.

CONTACT Dan Nicholson, Senior Planner Tel. No. (416) 397-4077 Fax No. (416) 392-1330 E-mail: [email protected]

SIGNATURE

______

Gregg Lintern, Director, MCIP, RPP Community Planning, Toronto and East York District

(p:\2011\Cluster B\pln\TEYCC\6006369011.doc) - at

ATTACHMENTS Attachment 1: Site Plan Attachment 2: North Elevation Attachment 3: East and West Elevations Attachment 4: South Elevation Attachment 5: Zoning Attachment 6: Application Data Sheet

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Attachment 1: Site Plan

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Attachment 2: North Elevation

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Attachment 3: East and West Elevations

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Attachment 4: South Elevation

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Attachment 5: Zoning

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Attachment 6: Application Data Sheet

Application Type Rezoning Application Number: 11 317575 STE 14 OZ Details Rezoning, Standard Application Date: November 29, 2011 Municipal Address: 2376 DUNDAS ST W Location Description: CON 2 FB PT LOT 34 **GRID S1401 Project Description: Redevelopment of the existing site for a new mixed use development containing a 9 storey and 26 storey tower connected by a three storey podium complete with 389 dwelling units, ground floor retail and 240 parking spaces, 2 of which would be located at surface level. Included in the proposal is the erection of a pedestrian walkway for connection to a new Bloor GO/Air link and TTC subway entrance (Dundas West Station) Applicant: Agent: Architect: Owner: Urban Strategies E.I. Richmond Architects Ltd. Planning Controls Official Plan Designation: Mixed Use Areas Site Specific Provision: Zoning: I2 D2 Historical Status: Height Limit (m): 23 Site Plan Control Area: Y Project Information Site Area (sq. m): 5860.4 Height: Storeys: 26 Frontage (m): 55 Metres: 82.1 (excluding mech. Penthouse) Depth (m): 125 Total Ground Floor Area (sq. m): 2783.5 Total Total Residential GFA (sq. m): 26657 Parking Spaces: 240 Total Non-Residential GFA (sq. m): 357 Loading Docks 2 Total GFA (sq. m): 270140 Lot Coverage Ratio (%): 47.5 Floor Space Index: 4.61 Dwelling Units Floor Area Breakdown (upon project completion) Tenure Type: Condo Above Grade Below Grade Rooms: 0 Residential GFA (sq. m): 26657 0 Bachelor: 0 Retail GFA (sq. m): 357 0 1 Bedroom: 298 Office GFA (sq. m): 0 0 2 Bedroom: 91 Industrial GFA (sq. m): 0 0 3 + Bedroom: 0 Institutional/Other GFA (sq. m): 0 0 Total Units: 389 Contact: Planner Name: Dan Nicholson, Planner Telephone: (416) 397-4077

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STAFF REPORT ACTION REQUIRED

2376 and 2388 Dundas Street West - Zoning Amendment Application - Request for Direction Report

Date: January 14, 2013

To: Toronto and East York Community Council

From: Director, Community Planning, Toronto and East York District

Wards: Ward 14 – Parkdale-High Park

Reference 11 317575 STE 14 OZ Number:

SUMMARY

The owner of the site at 2376 and 2388 Dundas Street West has appealed its zoning amendment application to the Ontario Municipal Board (the “OMB”) due to Council's failure to make a decision within the time allotted by the Planning Act.

This application proposes to amend the former City of Toronto Zoning By-law No. 438- 86. The application would permit the construction of a new 8-storey mixed-use building fronting on Dundas Street West and a 23- storey tower on the eastern portion of the site adjacent to the rail corridor. The proposed development would include a total of 375 residential units and 466 square metres of retail uses. Two levels of below- grade parking are proposed with 242 parking spaces. Two hundred and eighty- eight bicycle parking spaces are proposed. Vehicular access will be provided from a driveway off Dundas Street West along the northern boundary of the site.

The proposal also includes a pedestrian walkway at the southern edge of the site to provide a connection to the Bloor GO Transit / Airport Rail Link (ARL) Station.

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The built form provisions of Zoning By-law No. 438-86 were amended for this area in December 2009 by By-law No. 1222-2009, (the "Avenue By-law") which resulted from the Bloor-Dundas Avenue Study. The proposed development is not permitted by these built form provisions, which recommends a mid-rise built form. The approval of the development would set a negative precedent for future development that would undermine the vision for this area of the City as established by Council's approval of the Bloor-Dundas Avenue Study and implemented by the Avenue By-law, by introducing a tall building. The approval of the 23-storey tower as proposed would open the door to similar tower proposals to the north, south and west of the subject site.

The purpose of this report is to seek City Council's direction for the City Solicitor to oppose the proposed development.

RECOMMENDATIONS

The City Planning Division recommends that:

1. City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff, to oppose the applicant’s appeal respecting the Zoning By-law Amendment application for 2376 and 2388 Dundas Street West (File No. 11 317575 STE 14 OZ), and attend any Ontario Municipal Board hearings in opposition to such appeal, and retain such experts as the City Solicitor may determine are appropriate in support of the position recommended in the report dated January 14, 2013 from the Director, Community Planning, Toronto and East York District.

2. City Council direct the City Solicitor to also advise the OMB that City Council’s position is that any redevelopment of the Site, if approved by the OMB, should secure such services, facilities or matters pursuant to Section 37 of the Planning Act, as may be recommended by the Chief Planner and Executive Director, in consultation with the Ward Councillor, including a pedestrian connection to the GO Transit Station and lands and capital improvements to provide for the proposed second access to the Dundas West Subway Station.

3. City Council authorize the City Solicitor and other City staff to take any necessary steps to implement the foregoing.

DECISION HISTORY

1997 OMB Decision

The site was the subject of a 1988 proposal for a 24-storey residential tower. The proposal was reduced to two 12-storey towers and further reduced to two 8-storey towers when it was approved by Council in 1994. The approval was appealed by a local

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residents association resulting in a 1997 OMB decision which determined that the development of a 5-storey building on Dundas Street West and an 11-storey building on the eastern portion of the property would be appropriate. This 1997 OMB decision noted that the 5-storey and 11-storey proposal was appropriate in part because the 11-storey building represented an appropriate transition from the 29-storey Crossways building to the south of the site to the lower scale buildings on the west side of Dundas Street West. The OMB didn't issue a final order and the proposed Official Plan amendment and Zoning By-law amendment were not implemented.

Avenue Study

More recently, this site was included within the boundary of the Bloor-Dundas Avenue Study, which was completed in September, 2009. That Study and the implementing Avenue By-law were the result of a three year consultation process with the area residents by City Planning staff. Council adopted the Avenue By-law at its meeting on Nov. 30, Dec. 1, 2, 4 and 7, 2009.

The Avenue By-law provides for heights of up to 20 metres on the western portion of the site (approximately 6 storeys) and 23 metres (approximately 7 storeys) on the eastern portion of the property, with a density formula of MCR T4.0 C1.5 R3.0.

Pre-Application Consultation Pre-application consultation meetings were held on September 21, 2010 and June 21, 2011. A community meeting hosted by the local Councillor and attended by the applicant and their consultants, was held on October 20, 2011. At the community meeting the applicant presented a proposal for an 8-storey building on Dundas Street West and a 29-storey building on the eastern portion of the property adjacent the railway corridor. The proposal also included a vehicular pick-up/drop-off area for the GO Transit Station to serve the proposed Air Rail Link. The public was critical of the height of the proposed 29-storey building and also raised concerns regarding the increased traffic resulting from the development and the pick-up/drop-off associated with the GO Transit station.

ISSUE BACKGROUND

Discussions with the Applicant Subsequent to the application being filed on November 29, 2011, City Planning staff met with the applicant on several occasions.

Proposal The development proposal as submitted on November 29, 2011 proposed a 9-storey mixed-use building on Dundas Street West with commercial uses at grade, a 3-storey link building and a 26-storey tower. The proposal was subsequently revised to an 8-storey building fronting on Dundas Street West which extends into the site acting as a podium or base building for a 23-storey tower. The proposed vehicular access and pick-up/drop-

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off area for the GO Transit Station that was included as part of the pre-application presentation to the public in October of 2011 was not included in the original or revised submission.

The project would include 375 residential units and retail uses at grade on Dundas Street West. The proposed unit breakdown is as follows: 104 one-bedroom units; 144 one- bedroom plus den units; and 127 two-bedroom units. The proposed buildings would have a gross floor area of approximately 25,212 square metres, of which 466 square metres would be allocated to retail uses at grade.

The height of the 8-storey building is approximately 28.0 metres. The building steps back from the street at the 5th and 7th storeys by approximately 5.5 metres and 9 metres respectively (excluding balcony projections). The height of the proposed building at the street (4-storeys) is approximately 13.4 metres. The proposed 23-storey building would be approximately 72.0 metres in height with an additional 5.0 metres for the mechanical penthouse for an overall height of approximately 77.0 metres. The proposed density would be 4.3 times the lot area.

The applicant proposes to provide 242 parking spaces to serve this development, all of which would be provided below-grade in a two-level parking garage. The proposal includes 288 bicycle parking spaces (all visitor spaces and 5% of occupant spaces to be provided at-grade). Proposed indoor and outdoor amenity space would meet the By-law requirement of 2 square metres per unit of each.

Site and Surrounding Area The site is located on the east side of Dundas Street West and is immediately north of the Crossways apartment buildings at the north-east corner of the Bloor/Dundas intersection. It is rectangular in shape with: a frontage of approximately 53 metres on Dundas Street West; an irregular depth of approximately 100 to 122 metres; and an area of approximately 5,860 square metres. The western half was recently occupied by a used car dealership, but is now vacant. The eastern portion has been vacant for several years.

The site is surrounded by the following uses:

North: The site is bounded to the north by a retail plaza and associated parking. Further north are warehouse buildings of 2-5 storeys.

South: To the south of the site, at 2340-2360 Dundas Street West, are two 29-storey apartment buildings known as “The Crossways”, approximately 81 metres in height, connected at their base by an indoor mall within a two-storey podium. with a density of 4.95 times the area of the lot.

A variety of commercial, institutional and residential uses are on the south side of Bloor Street West. The south-east corner contains a school and the south-west

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corner has a 12-storey building on a 1-storey podium, with the tower element set back 16 metres from the property line.

West: To the west the site is bounded by Dundas Street West. On the west side of Dundas Street are residential and main-street commercial buildings of 2-3 storeys and a three and a half storey apartment building. Many of the residential units on Dundas Street West are grade-related units. The TTC Dundas West Subway Station which has streetcar, bus and pedestrian entrances is located to the south- west of the subject site.

East: The eastern edge of the site is defined by the CN/GO Transit rail corridor with a low-rise residential neighbourhood on the east side of the corridor.

Provincial Policy Statement and Provincial Plans The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. The PPS sets the policy foundation for regulating the development and use of land. The key objectives include: building strong communities; wise use and management of resources; and, protecting public health and safety. City Council’s planning decisions are required to be consistent with the PPS.

The Growth Plan for the Greater Golden Horseshoe provides a framework for managing growth in the Greater Golden Horseshoe including: directions for where and how to grow; the provision of infrastructure to support growth; and protecting natural systems and cultivating a culture of conservation. City Council’s planning decisions are required to conform, or not conflict, with the Growth Plan for the Greater Golden Horseshoe.

Official Plan The subject site is designated “Mixed Use Areas” in the City of Toronto Official Plan. This designation permits a broad range of commercial, residential and institutional uses and includes policies and development criteria to guide development and its transition between areas of different development intensity and scale.

The development criteria in “Mixed Use Areas” include, but are not limited to: - creating a balance of high quality commercial, residential, institutional and open space uses that reduces automobile dependency and meets the needs of the local community; - providing for new jobs and homes for Toronto’s growing population on underutilized lands; - locating and massing new buildings to provide a transition between areas of different development intensity and scale; - locating and massing new buildings to frame the edges of streets and parks; - providing an attractive, comfortable and safe pedestrian environment;

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- providing good site access and circulation and an adequate supply of parking for residents and visitors; - locating and screening service areas, ramps and garbage storage to minimize the impact on adjacent streets and residences; and - providing indoor and outdoor recreation space for building residents in every significant multi-residential development.

The site is located on an Avenue, as shown on Map 2 – Urban Structure of the Official Plan.

Section 2.2.3 of the Plan specifies that Avenues are “important corridors along major streets where reurbanization is anticipated and encouraged to create new housing and job opportunities, while improving the pedestrian environment, the look of the street, shopping opportunities and transit service for community residents.”

The Plan specifies that Avenues will be transformed incrementally. They will change building-by-building over a number of years. The framework for new development on each Avenue will be established through an Avenue Study, resulting in appropriate zoning and design guidelines created in consultation with the local community. The implementing zoning by-law will set out the mix of uses, heights, densities, setbacks and other zoning standards.

Midrise Guidelines Toronto City Council, at its meeting of July 8, 2010, adopted the recommendations contained in the staff report prepared by City Planning entitled "Avenues and Mid-Rise Buildings Study", with modifications. The main objective of this City-wide study is to encourage future intensification along Toronto's Avenues that is compatible with the adjacent neighbourhoods through appropriately scaled and designed mid-rise buildings. The Avenues and Mid-rise Buildings Study identifies a list of best practices, categorizes the Avenues based on historic, cultural and built form characteristics, establishes a set of performance standards for new mid-rise buildings and identifies areas where the performance standards should be applied.

The Performance Standards are intended to be used as tools to implement both the Official Plan’s Avenues and Neighbourhoods policies, while maintaining a balance between reurbanization and stability. The Performance Standards give guidance about the size, shape and quality of mid-rise buildings and are intended to respect Section 2.3.1 of the Official Plan.

As noted below, this site has been the subject of an Avenue Study and the appropriate built form has been carefully set out in the implementing Avenue By-law.

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Bloor Visioning and Bloor-Dundas Avenue Study

Bloor Visioning Initiative In response to community and development interest, City Planning staff with the Ward Councillor began the Bloor Visioning initiative in October 2007. The intent of the visioning initiative was to inform and engage the community to assist City Planning staff by examining the larger context and the implications of development within the Avenue Segment in the absence of an Avenue Study. The Bloor Visioning initiative produced seven guiding principles that are intended to promote responsible intensification, to foster and support a compact, complete community that is well designed and offers transportation choices. These principles include:

1. Encourage community vitality through a mix of uses that includes retail/commercial at-grade; 2. Enhance the pedestrian and cyclist experience along Bloor Street West. 3. Encourage opportunities to green the public and private realms; 4. Improve and integrate transit services and facilities; 5. Encourage development at an appropriate scale and density that is compatible with the existing built form, street width and neighbourhood context; 6. Encourage high quality architecture that builds upon the positive attributes of the area; and 7. Protect existing Neighbourhoods from negative impacts.

The report on the Bloor Visioning initiative recommended that City Council forward the results of the initiative to the retained consultant to inform the Avenue Study for the Bloor Street West and Dundas Street West area. A copy of the Bloor Visioning report is available on the City’s website at: http://www.toronto.ca/legdocs/mmis/2008/te/bgrd/backgroundfile-14044.pdf

Bloor Dundas Avenue Study At its March 2008 meeting, City Council directed that an Avenue Study be undertaken for the portion of Bloor Street West between Keele Street and Dundas Street West and for Dundas Street West between Glenlake Avenue and Boustead Avenue.

City Planning staff and the consulting team established and consulted with a Local Advisory Committee (LAC). The LAC was comprised of local stakeholders including residents, business owners and property owners. The role of the LAC was to advise City Planning staff and the consulting team of issues and opportunities within the area and to provide feedback throughout the study process. The LAC met on four occasions between June 2008 and March 2009 to discuss issues specific to the development of the Avenue Study and to review and comment on the evolving built form recommendations.

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The Avenue Study provides a long-term plan for the area that integrates a community vision. It also creates an updated and defensible policy framework for assessing future development applications.

The final report on the Bloor Dundas Avenue Study is available on the City’s website at: http://www.toronto.ca/planning/bloordundas.htm

Zoning Zoning By-law No. 1222-2009 (the "Avenue By-law"), which implements the recommendations of the Avenues Study provides for heights of up to 20 metres on the western portion of the site (approximately 6 storeys) and 23 metres (approximately 7 storeys) on the eastern portion of the property. The Zoning provides a density formula of MCR T4.0 C1.5 R3.0. The Avenue By-law was appealed by the owner of a nearby site at 1540 Bloor Street West. By its decision dated March 9, 2010, the OMB dismissed that owner's site specific appeal of its own zoning application and the owner subsequently withdrew its appeal of the Avenue By-law, which was then deemed to come into force on the day it was passed, being Dec. 4, 2009.

Site Plan Control The proposed development is subject to site plan approval. No site plan submission has been made to date.

Reasons for the Application The applicant has submitted a Zoning By-law Amendment application to permit a building that exceeds the permitted maximum building height of 20 metres on the western portion of the property and 23 metres for the eastern portion of the property by approximately 8 metres and 49 metres respectively. In addition, the proposed building does not comply with other zoning standards that are in effect on the lands.

Ontario Municipal Board Appeal On November 1, 2012 the City Clerk’s Office received notification that the applicant filed an appeal of the Zoning By-law Amendment application to the OMB, citing Council’s failure to make a decision on the application within the prescribed timelines of the Planning Act. No date has been set for the hearing.

Community Consultation A community consultation meeting was held on June 11, 2012 to present the application. The applicant indicated that they would be revising their proposal to reduce the height of the building on Dundas Street from 9 to 8-storeys (although the building would extend into the site to act as a base building for the proposed tower) and reduce the height of the tower from 26-storeys to 23-storeys. This would result in a reduction in density from 4.7 to 4.3 times the area of the lot.

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Comments and concerns included the following:

- The height of the building is not what residents expected to see subsequent to the Avenues Study and the extensive consultation undertaken as part of the Bloor Visioning exercise. - The development at the Crossways was a mistake and should not be repeated. - The proposed development is not consistent with the warehouse and industrial character of the east side of Dundas Street West to the north of the subject site. - Is there an opportunity for families to be accommodated in the development? - If the development has insufficient visitor parking there will be competition with other residents and visitors for on-street parking space. - This is a bad intersection for traffic, especially with people trying to cross Dundas Street West north of Bloor Street to enter or exit the TTC Station. - The sidewalks are already crowded. - There is a shortage of school capacity in the neighbourhood.

Agency Circulation The application was circulated to all appropriate agencies and City divisions. Responses received have been used to assist in evaluating the application.

COMMENTS

Provincial Policy Statement and Provincial Plans The Provincial Policy Statement (2005) includes policies to manage and direct land use to achieve efficient development and land use patterns. Municipal planning decisions are required to be “consistent with” the PPS. The PPS promotes wise management of change and promotes efficient land use and development patterns. Efficient land use and development patterns support strong, liveable and healthy communities, protect the environment and public health and safety, and facilitate economic growth.

The PPS promotes intensification and redevelopment opportunities through a more compact building form, mix of uses and densities that allow for the efficient use of land, infrastructure and public service facilities. Although the PPS encourages intensification, it also refers to the wise management of change and promotion of healthy, liveable communities. This proposal does not set a positive precedent for intensification in this context.

The Growth Plan for the Greater Golden Horseshoe prepared by the Ministry of Public Infrastructure Renewal guides decisions on a wide range of issues such as transportation, infrastructure planning, land-use planning, urban form, housing, natural heritage and resource protection. City Council’s decisions are required to conform, or not conflict, with the Growth Plan for the Greater Golden Horseshoe.

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Under the Growth Plan, the site generally meets the definition of a greyfield site, is located in an area that is classified as a Built Up Area on Schedule 2, is located in close proximity to several Improved Higher Order Transit lines such as the Bloor-Danforth Subway and two GO rail lines and within a Major Transit Station Area.

Section 2.2.5 states that Major Transit Station Areas and Intensification Corridors will be planned to achieve: (a) increased residential and employment densities that support and ensure the viability of existing and planned transit service levels, and (b) a mix of residential, office, institutional, and economic development wherever appropriate.

The redevelopment and intensification of this site represents the type of development that is consistent with the intent of the Growth Plan for the Greater Golden Horseshoe, however, the proposed built form is not consistent with the built form policies contained within the Official Plan, which the PPS refers to as the most important vehicle for implementing the PPS (and the Growth Plan). Staff is supportive of redevelopment of the site in a manner that is consistent with the objectives of the Growth Plan, however the built form must be respectful of its existing and planned contexts.

Land Use The proposed mix of residential and commercial uses is consistent with the land use provisions of the Official Plan and the Zoning By-law as amended by By-law 1222-2009.

Bloor-Dundas Avenue Study The Official Plan recognizes that Avenues such as Bloor Street West and Dundas Street West are to develop incrementally and that each Avenue is different. A framework for change will be tailored to the situation of each Avenue through a local Avenue Study that will involve local residents, businesses and other stakeholders.

At its November 30, 2009 meeting, City Council approved Zoning By-law No. 1222- 2009, which implements the findings and recommendations of the Bloor-Dundas Avenue Study.

The Bloor Dundas Avenue Study was prepared by BMI/Pace in association with Poulos + Chung Ltd. in consultation with the Ward Councillor, City Planning staff, local stakeholders (including residents, business owners and property owners). The Avenue Study establishes a Community Framework which provides for significant intensification across the Study Area. It directs that new development should be designed in a context- appropriate and sensitive manner, while building upon the area’s existing urban fabric to create a vibrant, mixed use, mid-rise community. While the Community Framework identifies opportunities for some additional height in the form of taller mid-rise buildings (10-15 storeys) at specific locations, it otherwise recommends a 20 metre (6-storey) building envelope for the Study Area. This approach provides for significant intensification in a manner that is consistent with the City’s desire for focused urban growth along Bloor Street West and Dundas Street West. Intensification will be in a

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form that supports the City’s focus on investment in quality of life, the promotion of transit use, and the preservation and enhancement of adjacent stable neighbourhoods.

With respect to the Crossways building the OMB in its decision on the 1540 Bloor Street West appeal stated:

"The Crossways when built in the early 1970’s, was permitted as an apartment hotel at a time when the zoning by-law did not have a height limit. In 1973, the City eliminated that loop-hole as a result of developments such as The Crossways. Since then, a development similar to the Crossways has not been replicated. Even if one accepts the proposition that the existence of The Crossways is appropriate justification for the proposed 27 storey structure, I would point out that the lot upon which The Crossways are built is ten times greater than the area of the subject site. If building heights comparable to The Crossways were perceived as desirable or appropriate, the general zoning regulations enacted in 1986 and 1993 would have reflected this desire but they did not. Certain comments set out on pages 36 and 37 of the Avenue Study aptly describe, in my view, the manner in which The Crossways should be viewed from a planning perspective. The relevant passage reads as follows:

Within the surrounding context, The Crossways complex is the exception in terms of building height, massing and relationship to street frontages. It relates poorly to the prevailing character and scale of the Study Area, and as such, exemplifies what is to be avoided in new development. (Board emphasis added)."

The tower element of the proposed building would be a tall building, which is not permitted by the Avenue By-law. In addition, Section 3.1.3 of the Official Plan contains specific policies on tall buildings and built form principles to be applied to the location and design of tall buildings. The background text in Section 3.1.3, which provides context for the policies, is clear in stating that tall buildings do not belong everywhere. Tall buildings are generally limited to areas in which they are permitted by a Secondary Plan, an area specific policy, a comprehensive zoning by-law, or site specific zoning. Tall buildings will only be permitted in other areas on the basis of appropriate planning justification consistent with the policies of the Official Plan. As noted above, in the case of the subject site, the appropriate built form had been studied and determined to be mid- rise.

Midrise Guidelines The podium element of the proposed building would be a mid-rise building. The Avenue By-law would permit a mid-rise building with heights of up to 20 metres on the western portion of the site (approximately 6 storeys) and 23 metres (approximately 7 storeys) on the eastern portion of the property, with a density formula of MCR T4.0 C1.5 R3.0.

Subsequent to the passage of the implementing Avenue By-law in December, 2009, City Council, at its meeting of July 8, 2010, adopted, with modifications, the recommendations contained in the staff report prepared by City Planning entitled

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"Avenues and Mid-Rise Buildings Study." More specifically, Council requested staff to use the "Mid-Rise Building Performance Standards" contained in Section 3 of the report entitled "Avenues & Mid-Rise Buildings Study (May 2010)" and appended as Attachment 5 to the report (May 4, 2010) from the Chief Planner and Executive Director, City Planning, in the evaluation of all new and current mid-rise development proposals on the Avenues and in the implementation of future Avenue studies so that the Avenues “vision” can be realized more quickly and effectively.

The main objective of this City-wide Study was to encourage future intensification along Toronto's Avenues that is compatible with the adjacent neighbourhoods through appropriately scaled and designed mid-rise buildings. The Avenues and Mid-rise Buildings Study identifies a list of best practices, categorizes the Avenue based on historic, cultural and built form characteristics, establishes a set of performance standards for new mid-rise buildings and identifies areas where the performance standards should be applied.

The Performance Standards are intended to be used as tools to implement both the Official Plan’s Avenues and Neighbourhoods policies, maintaining a balance between reurbanization and stability. The Performance Standards give guidance about the size, shape and quality of mid-rise buildings and are intended to respect Section 2.3.1 of the Official Plan.

However, as noted above, in the case of this site, the appropriate built form had been studied and determined through the recent Avenue Study and implementing Avenue By- law and the Mid-Rise Building Performance Standards are therefore of limited relevance to assessing the subject application. This is reflected in Council's decision not to include sites such as this (as it is within a completed Avenue Study) in the approved Study Area Map.

If applied to this site, the midrise guidelines would limit the Dundas Street building to 20 metres in height which corresponds with the Zoning By-law for the Dundas portion of the site. The midrise guidelines also define midrise as being a maximum of 11-storeys in height, which corresponds to the OMB decision for the site from 1998.

Density The proposed development would result in a density of 4.3 times the area of the lot (25,212 square metres). Of the 4.0 total density currently permitted by the Zoning By- law, a maximum of 1.5 times the area of the lot is permitted to be commercial and 3.0 times the area of the lot is permitted to be residential. The applicant is proposing a commercial density of 0.08 times the area of the lot (466.3 square metres) and a residential density 4.2 times the area of the lot (24,745.2 square metres). This proposal represents a significant increase in density over the planned context as envisioned in the Bloor-Dundas Avenue Study, is not appropriate in the form and intensity proposed and represents over-development of the site.

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Height and Massing The proposed 23-storey building does not adequately respect and relate to its existing context. The Official Plan directs new buildings to be designed to fit harmoniously into their existing and/or planned contexts by ensuring that the massing of new buildings is appropriate in relationship to neighbouring development (Policy 3.1.2.1). The proposed siting, height and massing of the proposed building does not provide an adequate transition in scale to existing buildings along Dundas Street. This proposal will set a negative precedent for future development in this area by exceeding the proposed height for mid-rise buildings on Dundas Street West and by opening the door to future applications for tall buildings along the rail corridor to the north, south and west of the subject site.

As part of the Avenues Study, an exercise was undertaken to identify sites with sufficient width and depth to accommodate development within the short to medium term. The subject site was not considered as an Opportunity Site. The recommendations of the Study, however, would support the site being developed in a similar manner to that approved by the OMB, namely a mid-rise building on Dundas Street West and a taller mid-rise building on that portion of the site adjacent the rail corridor. The 1998 OMB decision was based in part on the finding of the Board that "The 11-storey building to the rear is a good transition from the 29-storeys of the Crossways to the south and the sequence of 11-storys followed by 5-storey forms a more compatible sequence with the lower building forms found on the west side of Dundas Street West." Planning staff, in the context of the Avenue Study, concurs with this conclusion.

The Avenue Study identifies the property to the north of the subject site as an Opportunity Site for redevelopment, based upon its size and the fact that a significant portion of the site is used for surface parking. The Avenues Study identified a maximum built form envelope based upon the recommendations in the Study and the context of those identified sites. Opportunity Site 7, which is currently occupied by a Shoppers Drug Mart and Price Chopper grocery store, was identified by the Study as being appropriately developed with buildings of 20 metres (6-storeys) in height. The rationale for 6-storey buildings on this property was based upon the recommendations of the Study and the desire to relate to the warehouse buildings to the north of the site. These buildings have heights of 2 to 5-storeys.

The applicant's consultant relies, in part, on the existence of The Crossways towers, but ignores that fact that the OMB has noted (in its 2010 Decision regarding 1540 Bloor Street West) that, "The Crossways complex is the exception in terms of building height, massing and relationship to street frontages. It relates poorly to the prevailing character and scale of the Study Area, and as such, exemplifies what is to be avoided in new development. (Board emphasis added)."

The applicant's planning consultant has submitted a Planning Rationale Report, dated November 2011 in support of a 9-storey building along Dundas Street West with a 26- storey building at the rear (eastern portion of the property), and a Planning Rationale

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Update, dated June 2012, for a revised 8-storey building along Dundas Street West with a 23-storey building at the rear. Staff have considered the reasons advanced in support of a tall building on the east part of the site and are of the view that they do not justify departing from the recommendations of the Avenue Study and the resulting implementing Avenue By-law, which clearly address an appropriate height and transition in this context. Any approval of a tall building on the east side of this site would also serve to undermine those recommendations of the Avenue Study and set a precedent for sites along the east side of the rail corridor, including the larger Opportunity site 8 (Loblaw's Site) south of Bloor Street.

However, if a tall building were to be permitted by the OMB the question would still remain as to the appropriate height. Planning staff have considered all of the reasons advanced by the applicants planning consultant in support of the proposed height and could not, even if a tall building were approved for the site, offer any support for a tower element taller than 15-storeys. The possibility of taller building elements, up to 15- storeys, was referenced in the Bloor-Dundas Avenue Study. The study stated that these taller building elements could be considered "…at specific locations to meet broader planning objectives."

In support of the then proposed height of 26-storeys, the applicant's Planning Rationale Report dated November 2011, notes "the existing heights as contained in the zoning would only (allow) for approximately half the density otherwise permitted " and then attempts to argue that only a tall building would employ all of the permitted density in an acceptable built form. This argument, however, ignores the fact that the permitted residential density on the site is 3.0 times the lot area, well below the proposed residential density of 4.2 times the lot area.

The applicants current proposal for a 23-storey tower at the eastern end of the site at a height of 77 metres (including the mechanical penthouse) also represents an inadequate transition from the Crossways. Although it is a 29-storey building at 81 metres in height, it is only slightly taller that the applicants proposed 23-storey tower. The net result will be a barely discernable difference in height between the proposed tower on the subject site and the Crossways towers. The proposed 23-storey tower, therefore, does not serve to create a meaningful transition from the Crossways to the neighbouring properties.

North Side-Yard Setback

With regard to appropriate side-yard setbacks for the Dundas Street building, the north side-yard setback could be reduced and span over the proposed driveway to provide continuous streetwall buildings on Dundas Street West.

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South Side-Yard Setback (Pedestrian Connection to the GO Transit Air Rail Link Station)

Regarding the south side-yard setback, currently proposed are units with principle windows facing the south lot line at less than 5.5 metres. This setback is based upon the premise that the proposed pedestrian walkway will be approximately 2.4 metres in width and located on the lands which are subject to mutual right-of-ways in favour of the subject site and the City. As described later in this report, it may not be possible to locate the pedestrian walkway on these lands.

Tower Setbacks

The tower as proposed is set back approximately 10.5 metres from the south lot line and 20.6 metres from the rail corridor . Although this site is not appropriate for a tall building, a setback of 12.5 metres is required using the Criteria for the Review of Tall Buildings Proposals, as Council-approved in 2007.

Sun, Shadow and Wind For March shadows, approximately 22 Neighbourhood properties to the northeast of the site are shadowed in the early morning and late afternoon. The massing shown in the Avenue Study as per the 1998 OMB decision, with buildings at 5 and 11 storeys, does not shadow Neighbourhood properties.

Furthermore, of note, the development site as it exists is severely shadowed by the Crossways, an anomaly that was deemed in the applicants study "exemplifies what is to be avoided in new development". The proposed tower cumulatively with the Crossways, further limits access to sunlight for neighbouring properties.

The applicants wind study (prepared in support of the originally submitted 26-storey tower proposal) indicated that the pedestrian level wind conditions resulting from the proposed development would be acceptable for walking and standing, with the exception of the outdoor area south of the proposed tower. The report recommended that wind conditions in this area could be addressed with a combination of architectural barriers and/or dense planting. Given that the proposed pedestrian connection may be moved closer to the building (and within the area identified as a concern by the Wind Study) it may be necessary for a revised wind study to be completed as part of a site plan control application to identify required mitigation measures in this area. RESIDENTIAL ZON

Site Servicing Technical Services staff have requested that the applicant submit revised Functional Servicing and Stormwater Management reports. Detailed comments regarding additional information required to assess the proposed site servicing was provided to the applicant's engineering consultant in a letter dated August 16, 2012. The letter provided a

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breakdown of those issues to be addressed at the zoning approval stage and those which could be addressed at the site plan control stage.

Traffic, Access, Parking and Loading The vehicular access and servicing for the site is off Dundas Street West at the north end of the site (see Attachment 1, Site Plan). The applicant's plans call for the provision of 242 vehicular parking spaces and 288 bicycle parking spaces. One Type-B and one Type-G loading space are also proposed.

The City's Transportation Services Division requires additional information to be able to evaluate the traffic impact of the proposed development. Detailed comments regarding the required information were provided to the applicants transportation consultant on October 3, 2012. The City's approval of the proposed site access is dependent upon the acceptance of the traffic impacts of the proposal.

Transportation Services staff have requested that detailed turning path drawings be provided to ensure that the proposed loading spaces will be able to operate effectively. Compliance with the parking space dimensional requirements of the Zoning By-law has also been identified as an outstanding issue.

TTC Second Exit The Toronto Transit Commission (TTC) has indicated that Dundas West subway station is a high priority station for a second exit from the Bloor-Dundas (Dundas West) Subway Station. Additional property rights will be required at the east end of the station to provide a connection from the underground subway platform level to the surface. The south east corner of the subject development site is ideally located in the vicinity of a proposed access to the GO Transit Bloor Station and future Union Pearson Express (Airport Rail Link), and likely a pedestrian walkway that would connect the GO station to the east with the TTC bus and streetcar platforms to the west.

Current TTC plans are for a full-time exit although an automatic entrance would be more useful if additional funding could be obtained. Without additional funding, TTC will proceed with an exit, which would result in a request for protection of property rights as a condition of approval for future use, of approximately 280 sq. m of the surface and 160 sq. metres at the P1 level below-grade, of the proponent's site.

The approval of the development in any form needs to recognize the TTC requirements to provide the second access to the Dundas West Subway Station.

Access to GO Transit Air/Rail Link

Pedestrian Walkway There have been a number of discussions and studies that recommend an improved pedestrian connection between the TTC Dundas West subway station and the Bloor GO Station, which will, in future, also provide access to the Union Pearson Express train

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service (Air Rail Link). A permanent east-west at-grade pedestrian connection at the south end of the subject development site is required to protect this improved interconnection between the two transit stations.

The current and original submissions of the applicant's proposal, as well as the original proposal presented to the public prior to the submission of the application, have all featured a proposal for a pedestrian connection at the south end of the site. The applicant proposes a pedestrian walkway approximately 2.4 metres wide along the southern boundary of the property. Based upon the applicants submitted site plan, only approximately 1.22 metres of the walkway is on the applicants property, the balance of the proposed walkway is located on City-owned lands to the south that are leased to the owners of the Crossways apartment complex. The most northerly portion (1.22 metres wide) of these City-owned lands is subject to a right-of-way in favour of the property to the north (the subject site). Likewise, the most southerly portion of the applicant's property (again, 1.22 metres in width) is subject to a right-of-way in favour of the City- owned lands. Together, these rights-of-way form a mutual right-of-way for the benefit of the occupants of the adjoining lands to the north and the south. Neither the owners nor the tenants of either parcel of land may unilaterally erect any fences, or place any other obstructions on the right-of-way lands, such as landscaping or planting that would prevent the occupants of the other property from being able to access and use the mutual right-of-way.

City staff and the TTC would require a pedestrian access to be a minimum of 3.0 metres wide and to provide an adequate pedestrian clearway as well as appropriate landscape and pedestrian scale lighting. Transportation Services staff have indicated that they would require that a pedestrian connection be conveyed to the City as a requirements of any future site plan control application. Given the restrictions on the use of land noted above, it will not be possible to use the City-owned lands for this purpose without the consent of the City's tenant and even the 1.22 metres on the applicant's property may not be suitable for this purpose without the approval of the City's tenant of the adjacent City- owned lands. If the walkway has to be shifted north to the portion of the subject site which is not subject to a right-of-way and if the walkway is required to have a minimum clear walking width of 3.0 metres (with additional lands required for landscaping and pedestrian scale lighting), a portion of the proposed building would have to be shifted to the north to accommodate the pedestrian connection.

It will be necessary to determine the ultimate location and width of the proposed pedestrian connection across the site and the required landscaping for this public area to determine where the proposed building can be located and what façade treatments and/or screening is required. This issue will need to be resolved prior to the approval of a site- specific zoning By-law amendment to establish building setbacks.

Passenger pick-up /drop-off The applicant's proposal as presented at an October 2011 Community Meeting hosted by the ward Councillor, featured a passenger pick-up and drop-off area adjacent the rail

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corridor at the east end of the building. This area included vehicle parking and passenger loading/unloading areas to facilitate access to the Bloor-Dundas GO Transit Station and the proposed Airport Rail Link (ARL). The passenger pick-up and drop off area was envisioned in the second phase of the Metrolinx Mobility Hub Study. The applicant removed the proposed passenger pick-up/drop-off area from their plans, subsequent to the pre-application community meeting in October 2011 as a result of resident concerns regarding the traffic generated by such a facility. The traffic study submitted by the applicant does not take into account the impact of an on-site passenger pick-up/drop-off facility. If such a facility is ultimately proposed by the applicant, the traffic study would have to be revised accordingly.

Metrolinx has requested that City Planning staff consider the value of a passenger pick- up/drop-off facility associated with this development. However, as the current proposal does not include such a facility and as no supporting information has been submitted to allow City staff to evaluate the traffic impacts associated with a passenger pick-up/drop- off facility, City staff are not able to provide comments on such a facility, beyond recognizing the value of providing it to users of GO Transit and the ARL service. The approval of a development which would incorporate a passenger pick-up and drop-off facility must acknowledge and plan for the associated vehicular and pedestrian traffic.

Adjacency to Rail Corridor The applicants proposal provides for a setback of 20 metres between the rail corridor and the closest part of the 23-storey building at the east end of the subject site. The proposed setback falls short of the typical GO Transit residential setback requirement of 30 metres. GO Transit/Metrolinx is currently reviewing the proposed mitigation measures for the development, including the berm proposed to constructed on the site adjacent the rail corridor. GO Transit/Metrolinx approval of the proposed setback and the mitigation measures proposed by the applicant will need to be provided prior to the approval of any development.

The applicants submitted noise and vibration studies are being reviewed by both the City and GO Transit/Metrolinx. City Planning recommends that measures to mitigate the impacts of the proposed development as outlined in the applicants submitted noise and vibration study be secured through the site plan control process.

Open Space, Parkland The Official Plan contains policies to ensure that Toronto’s system of parks and open spaces are maintained, enhanced and expanded. Map 8B of the Toronto Official Plan shows local parkland provisions across the City. The lands which are the subject of this application are in an area with 0 to 0.42 hectares of local parkland per 1,000 people. The site is located in the lowest quintile of current provision of parkland. The site is in a parkland priority area, as per Parkland Dedication By-law 1020-2010.

The application proposes 375 residential units and 466 square metres of commercial space on a site with a net area of 5,860 square metres. At the alternative rate of 0.4

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hectares per 300 units specified in By-law 1020-2010, the parkland dedication would be 0.518 hectares (88.5% of the site area). However, for sites of less than 1 hectare in size a cap of 10% applies for residential uses and 2% for the proposed non-residential use. In total, the parkland dedication requirement is 580 square metres.

The applicant is required to satisfy the parkland dedication requirement through cash-in- lieu. This is appropriate as an on-site parkland dedication requirement of 580 square metres would be encumbered with below grade parking.

The actual amount of cash-in-lieu to be paid would be determined at the time of issuance of the building permit if an approval of any project is granted.

Section 37 Section 37 of the Planning Act allows the City to authorize increased density and/or height in return for the provision of services, facilities or matters. The Official Plan contains provisions authorizing these Section matters, provided the density and/or height increase are consistent with the objectives of the Official Plan regarding building form and physical environment.

Given the increase in proposed height, the Official Plan would require the provision of Section 37 matters. Discussions regarding Section 37 benefits between the applicant and the City did not occur as there was not an agreement on appropriate development for the site. However, as this matter has been appealed to the OMB, the City Solicitor would need to address Section 37 matters in the event the OMB approved development on this site. This report therefore recommends that the City Solicitor secure such services, facilities or matters including a pedestrian connection to the GO Transit Station and lands and capital improvements to provide for the proposed second access to the Dundas West Subway Station pursuant to Section 37 of the Planning Act, as may be required by the Chief Planner if a development is approved for the site.

Conclusion The site is located within close proximity to transit, retail, service and entertainment facilities and to places of employment. The Avenue and Mixed Use Areas designation speak to the intensification and reurbanization of this site in a manner that is consistent with its existing and planned context.

City Planning staff are supportive of the redevelopment of the site but only in a manner that is respectful of the existing and evolving context. Staff do not support the proposed 23-storey building at this location as it does not meet the City’s built form and polices and is not consistent with the findings of the Bloor Dundas Avenue study. The proposed podium building should also be modified to reflect the maximum height of 20 metres as proposed in the Avenues Study and reflected in the Avenues By-law.

One of the principle objectives of staff in this exercise has been to maintain the objective of developing the Bloor-Dundas neighbourhood with a mid-rise built form and, with

Staff report for action – Request for Direction - 2376 and 2388 Dundas Street West 19 V.01/11

specific regard to this site, accomplishing the objective of creating a meaningful transition in height from the Crossway buildings.

The proposal does not adequately respect and relate to its existing context. The height and massing of the tower portion of the building does not fit harmoniously into the existing and planned context. The proposed height and density would, if approved, create a negative precedent and undermine the planning framework for the development of the area as proposed in the recently approved Avenue Study and the area wide Avenue By- law (1222-2009). It is for these reasons that staff recommend that the application be refused and that staff be directed to attend the OMB hearing is defence of this position.

This report also recommends that any redevelopment of the site should be conditional upon securing Section 37 matters.

CONTACT Dan Nicholson, Senior Planner Tel. No. (416) 397-4077 Fax No. (416) 392-1330 E-mail: [email protected]

SIGNATURE

______

Gregg Lintern, MCIP, RPP Director, Community Planning Toronto and East York District

(p:\2013\Cluster B\pln\TEYCC\32012314007.doc) - at

ATTACHMENTS Attachment 1: Site Plan Attachment 2: North Elevation Attachment 3: South Elevation Attachment 4: East and West Elevations Attachment 5: Zoning Attachment 6: Application Data Sheet

Staff report for action – Request for Direction - 2376 and 2388 Dundas Street West 20 V.01/11

Attachment 1: Site Plan

Staff report for action – Request for Direction - 2376 and 2388 Dundas Street West 21 V.01/11

Attachment 2: North Elevation

Staff report for action – Request for Direction - 2376 and 2388 Dundas Street West 22 V.01/11

Attachment 3: South Elevation

Staff report for action – Request for Direction - 2376 and 2388 Dundas Street West 23 V.01/11

Attachment 4: East and West Elevations

Staff report for action – Request for Direction - 2376 and 2388 Dundas Street West 24 V.01/11

Attachment 5: Zoning

Staff report for action – Request for Direction - 2376 and 2388 Dundas Street West 25 V.01/11

Attachment 6: Application Data Sheet Application Type Rezoning Application Number: 11 317575 STE 14 OZ Details Rezoning, Standard Application Date: November 29, 2011 Municipal Address: 2376 Dundas St W Project Description: Redevelopment of the existing site for a new mixed use development containing a 8-storey mid-rise building on Dundas St W and a 23-storey tower on the eastern portion of the site adjacent the rail corridor. The development would include 375 dwelling units, ground floor retail (totaling 466.3 sq m), 242 vehicle parking spaces and 288 bicycle parking spaces.

Applicant: Agent: Architect: Owner: Urban Strategies E.I Richmond Architects Ltd Dun West Properties Limited PLANNING CONTROLS Official Plan Designation: Mixed Use Areas Site Specific Provision: Zoning: MCR T4.0 C1.5 R3.0 Historical Status: Height Limit (m): 23 Site Plan Control Area: PROJECT INFORMATION Site Area (sq. m): 5860.4 Height: Storeys: 23 Frontage (m): 55 Metres: 72 Depth (m): 125 Total Ground Floor Area (sq. m): 2479.9 Total Total Residential GFA (sq. m): 24745.2 Parking Spaces: 242 Total Non-Residential GFA (sq. m): 466.3 Loading Docks 2 Total GFA (sq. m): 25211.5 Lot Coverage Ratio (%): 42 Floor Space Index: 4.3 DWELLING UNITS FLOOR AREA BREAKDOWN (upon project completion) Tenure Type: Condo Above Grade Below Grade Rooms: 0 Residential GFA (sq. m): 24745.2 0 Bachelor: 0 Retail GFA (sq. m): 466.3 0 1 Bedroom: 248 Office GFA (sq. m): 0 0 2 Bedroom: 127 Industrial GFA (sq. m): 0 0 3 + Bedroom: 0 Institutional/Other GFA (sq. m): 0 0 Total Units: 375 Contact: Planner Name: Dan Nicholson, Planner Telephone: (416) 397-4077

Staff report for action – Request for Direction - 2376 and 2388 Dundas Street West 26 V.01/11 ISSUE DATE:

March 19, 2014 PL121287

Ontario Municipal Board Commission des affaires municipales de l’Ontario

Dun West Properties Ltd. has appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, from Council’s neglect to enact a proposed amendment to Zoning By-law 438-86, as amended, of the former City of Toronto to rezone lands respecting 2376 Dundas Street West to permit the development of a eight-storey mid-rise mixed-use building and a 23-storey tower O.M.B. File No.: PL121287

IN THE MATTER OF subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended Subject: Site Plan Referred by: Dun West Properties Ltd. Property Address/Description: 2376-2388 Dundas Street West Municipality: City of Toronto OMB Case No. PL121287 OMB File No. PL130743

APPEARANCES:

Parties Counsel

Dun West Properties Ltd. Jane Pepino Andrea Skinner

City of Toronto Stephen Bradley

DECISION DELIVERED BY SYLVIA SUTHERLAND AND ORDER OF THE BOARD

[1] Dun West Properties Ltd. (“Dun West”) has appealed to the Board pursuant to s. 34(11) and s. 41(12) of the Planning Act (“Act”) from a non-decision by the City of Toronto (“City”) with respect to an application for Zoning By-law Amendment (“ZBLA”) and Site plan approval to permit a mixed-use residential tower of 23 storeys on a property at 2376 Dundas Street West (“subject property”).

- 2 - PL121287

HISTORY

[2] The subject property is located along the eastern side of Dundas Street West, north of Bloor Street West. On November 29, 2011, the original application for ZBLA was filed with the City to permit the construction of a new nine-storey mixed use building and a 26-storey tower connected with a three-storey podium. Following community meetings, and in response to concerns expressed by the community, a revised proposal was filed on June 25, 2012 for an 8-storey mid-rise building along Dundas Street West with a 23-storey component at the rear of the subject property.

SUBJECT PROPERTY

[3] The subject property, currently vacant, is approximately 0.58 ha. It is bounded by a retail plaza and an associated parking lot to the north, the CN/GO corridor to the east, two 29-storey apartment buildings (“Crossways”) to the south and Dundas Street West to the west. It is across the street from the TCC Dundas West subway station and in proximity to the Bloor GO train station. The proposal includes a pedestrian walkway at the southern edge of the site to provide a connection to the Bloor GO Transit.

[4] The subject property is located along an “Avenue” and is designated “Mixed Use Areas” under the City’s Official Plan (“OP”). It is zoned MCR T4.0 C1.5 R3.0 by By-law No. 1222-2009, Mixed Commercial Residential. An amendment to the Zoning By-law (“ZBL”) is necessary as the existing zoning designation does not permit the requested density and height. The amendment to the ZBL would permit a total of 25,211.5 square metres of gross floor area (“GFA”), comprised of 24,752 square metres of residential GFA, resulting in a total density of 4.4 times.

HEARING

[5] Pino Di Mascio gave expert land use planning evidence and opinion on behalf of Dun West, and Mark Sterling gave expert evidence and opinion on architecture, urban design and land use planning integration on behalf of Dun West.

[6] Anne McIlroy gave expert land use planning and urban design evidence and opinion on behalf of the City. Janet Lee gave expert urban design evidence and opinion - 3 - PL121287 and Dan Nicholson gave expert land use planning evidence and opinion, also on behalf of the City.

[7] The following were granted Participant status at the hearing: Doug Carroll, Jonquil Eyre, Timothy Noronha, Aubrey H. Friesner, Stephen Price, Barbara Gordon, Margaret McGookin, Harry H. Cornelius, Mary Jo Leddy and Bennett Mills. All were residents of the area, and all spoke in opposition to the application.

FINDINGS

[8] The unique size, depth and location of the subject property were critical to the outcome of this hearing.

[9] It was Mr. Di Mascio’s opinion that the intensification and redevelopment opportunities for the subject property have been identified by the OP through its designation of the area as an intensification corridor and a transit station area, but that the six and seven storey built form on the subject site provided for by the Avenue By-law does not promote, or even support the Province’s existing and planned transit infrastructure, given that the subject property is located immediately adjacent to multiple transit services and a provincially designated Mobility Hub.

[10] It was his opinion that the proposed land use and density are appropriate for an area with significant transit infrastructure and substantial transit investment, such as the Dundas West TTC subway station, the Bloor GO station and the Union Pearson Express rail link presently under construction.

[11] Policy 1.7 of the Provincial Policy Statement (“PPS”) states:

Long-term economic prosperity should be supported by:

c) promoting the redevelopment of brownfield sites;

d) providing for an efficient, cost-effective, reliable multi-modal transportation system that is integrated with adjacent systems and is appropriate to address projected needs.

[12] Policy 4.5 states:

The official plan is the most important vehicle for implementation of this Provincial Policy Statement. - 4 - PL121287

Municipal official plans shall provide clear, reasonable and attainable policies to protect provincial interests and direct development to suitable areas.

In order to protect provincial interests, planning authorities shall keep their official plans up-to-date with this Provincial Policy Statement. The policies of this Provincial Policy Statement continue to apply after adoption and approval of a municipal official plan.

[13] It was Mr. Di Mascio’s opinion that his evidence established that the proposal before the Board advances the goal of these policies of the PPS, which the City’s position does not protect either the identified provincial interests or the provincial investment.

[14] There are numerous provincial plans specifically addressing intensification targets such as the Big Move Regional Transportation Plan (Exhibit 1, Tab 25), the Big Move Mobility Hub Backgrounder (Exhibit 1, Tab 27) and the Province’s Transit-Supportive Guidelines (Exhibit 1, Tab 45). These documents are relevant to this application since they give provincial guidance on how to define appropriate density when dealing with a provincially designated Mobility Hub in order to protect and advance the Provincial interest.

[15] In a way that could have not been visualized probably even a decade ago, public transit has become an issue of primary provincial concern, focus and challenge.

[16] The fact that the subject property is a provincially designated Mobility Hub was not taken into consideration when the Bloor-Dundas Avenue Study (“Avenue Study”) was undertaken in 2009, nor was the size of the site nor its development potential as a result of these two factors. The Avenue Study simply used a 1998 Board decision as a basis for the development potential of the subject property – notwithstanding, as Mr. Di Mascio pointed out, “the fact that that decision was never implemented and both the municipal and provincial planning frameworks and policies have changed significantly since that time.” It was his opinion that “the development intensity suggested for the subject property in the Avenue Study is well below the eventual density recommended without any discussion on how this will or should impact the built form and recommended height on the subject property.” He further stated that “the height provisions contained in the implementing ZBL, as they apply to the subject property, are in conflict with the Avenue Study report, with no discussion on the matter, or justification and analysis provided.” - 5 - PL121287

[17] It was Mr. Di Mascio’s opinion the subject property, being next to a major transit station, should have been looked at in a site-specific manner in order that an appropriate recommendation be made with regard to its built form and development potential. This was not done, and to this extent let down the residents who so eagerly and willingly spent both time and energy in examining and determining the desired future of their area. Had the subject property been identified as an “Opportunity Site”, had more attention been paid to its unique size and situation, there may have been a better understanding and appreciation of why it is different than other sites in the area, including the much smaller site that houses the so-called, “Giraffe” property at 1540 Bloor Street West. The fact that there is no other site, including Union Station (Exhibit 1, Table 27), in the City that has the same confluence of transit services and investment is surely something that should have been considered during the Avenue Study.

[18] It is true, as the City maintained, that one of the purposes of the Avenue Study was to create appropriate built form zoning regulations for the area, and that, in this regard, the study’s recommendations were that the Avenues should be predominately mid-rise, with some elements up to 15 storeys in justified locations. Ms. McIlroy told the hearing that she could see a 15-storey tower on the subject site, but nothing higher. She said this was consistent with the recommendations of the Avenue Study.

[19] Counsel for the City, as well as many of the participants, urged the Board to “not lightly set aside” the findings of the Avenue Study. This, the Board has not done. The Board recognizes and respects the local knowledge and opinions of the residents of the area. It has, however, concluded on the basis of the evidence before it, that the findings of the Avenue Study were flawed in that they did not review or consider the unique features of the subject property.

[20] Section 27.3(5) (b) of the Act (Exhibit 1, Tab 8) states that:

A decision of the council of a municipality, a local board, a planning board, a minister of the Crown and a ministry, board or commission or agency of the government, including the Municipal Board, in respect of the exercise of any authority that affects a planning matter shall conform with the provincial plans that are in effect on that date, or shall not conflict with them, as the case may be.

[21] Section 2 of the Act identifies specific matters of provincial interest, among them (f) “the adequate provision and efficient use of communication, transportation, sewage - 6 - PL121287 and water…systems”, (m) “the co-ordination of planning activities of public bodies”, (p) “the appropriate location of growth and development” and (q) “the promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians.”

[22] It is difficult to disagree with Mr. Di Mascio’s opinion that Dun West’s proposal promotes development that is designed to support public transit and is oriented toward pedestrians. The proposed development will help facilitate improved transit infrastructure and connections in the area by providing a pedestrian walkway to a direct connection to regional, urban and local transit in the area, and a potential second entrance and exit to the Dundas West TTC station and the Metrolinx Passenger and Drop-off facility.

[23] Policy 1.1.3.3 of the Provincial Policy Statement (Exhibit 1, Tab 13), states:

Planning authorities shall identify and promote opportunities for intensification and redevelopment where this can be accommodated taking into consideration existing building stock or areas, including brownfield sites, the availability of suitable existing or planned infrastructure and public service facilities required to accommodate projected needs.

[24] It was Mr. Di Mascio’s opinion that intensification and redevelopment opportunities for this site have been identified and promoted by the City’s OP through its designation of the area as an intensification corridor and a transit station area. The proposed development will create 369 new residential units, supporting the growth and intensification of housing on a site supported by both hard and soft infrastructure.

[25] In many of its aspects, the Growth Plan for the Greater Golden Horseshoe (“GP”) (Exhibit 1, Tab 15), mirrors the PPS. Where there is a conflict between the GP and the PPS, the GP prevails. In the proposal before the Board, there is no identified conflict. It was Mr. Di Mascio’s opinion that the proposed development promotes and provides the appropriate level of intensification to promote the Crown’s investment in commuter rail improvements on the adjacent rail corridor and the expansion of the existing station and related facilities, while the City’s proposed restriction on density and height does not. The Board agrees.

[26] The City acknowledged that the proposed development does not require an OP amendment (Exhibit 1, Tab 47). Dun West maintains that, as a result, on a prima facie - 7 - PL121287 basis, the provisions of the OP are considered to be met. The City, however, held that a failure to adhere to the Avenue Study, or By-law, constituted a failure to conform to the OP.

[27] Mr. Di Mascio, Ms. McIlroy and Mr. Nicholson agreed that, based on an explanatory text on pages 2-16 of the OP, an application that is filed before, during or after the completion of an Avenue Study must be evaluated against the criteria set out in the OP, as well as other relevant policy documents, including all provincial policies. The Board finds that Dun West’s evidence did so in a more thorough and balanced manner than the City’s.

[28] The Board also found Mr. Sterling’s evidence more convincing than Ms. Lee’s regarding the appropriateness of the residential density, scale, mass and built form of the tower and podium heights of the proposed development given the principles of good planning and urban design and the relevant provision of the Act, PPS, GP and other relevant policy documents and guidelines.

[29] Mr. Sterling explained that the location of the proposed 23-storey building on the subject property is set back 56 m from Dundas Street West. It was his opinion that this is an appropriate transition distance to the adjacent low rise neighbourhood to the west. The proposed point tower is set back 47 m from the adjacent slab towers of the Crossways buildings to the south, and it is Mr. Sterling’s opinion that this provides sufficient horizontal separation distance to provide an appropriate transition from this complex. In addition, there is the insertion of an intervening eight-storey component, which will provide the appropriate streetscape along Dundas Street West.

[30] The Board found Mr. Sterling’s Sun Shadow Study (Exhibit 10) and his View Comparison (Exhibit 11) convincing in regard to the minimal shadow and visual impacts of the proposed development, and finds that the intent of the 2013 Tall Building Guidelines has been satisfied in this regard.

[31] The City and some of the participants argued that the proposed development will set an inappropriate precedent for other potential developments within the area governed by the Avenue By-law. Dun West’s maintains that it will not because the subject property is unlike any other site in the area due to its size, its location well removed and buffered from any other neighbourhood (unlike the Giraffe site), its direct connectivity to the - 8 - PL121287

Metrolinx and TTC stations, is designation as a Mobility Hub. The Board finds Dun West’s position in this regard convincing.

[32] The proposed mid-rise form is appropriate for those parts of the Avenues approximate to or abutting Neighbourhoods, unlike the subject property. It is to be noted that both Mr. Di Mascio and Mr. Sterling supported the refusal of an earlier application for intensification on the Giraffe site.

[33] As to the issue of s. 37 benefit (Issue 9 of the Issues List). These were outlined for the first time in Mr. Nicholson’s witness statement (Exhibit 19) and comprised:

 Bloor-Dundas intersection improvements

 funds for the acquisition of local parklands and improvements

 pedestrian lighting and streetscaping as part of the Bloor-by-the Park BIA Streetscape Improvement Plan

 building design and construction consistent with the Toronto Green Standard

 public art

[34] Section 37 benefits must, in the words of Vice Chair Schiller in Davenport Three Division Inc. v. Toronto (City) [2006 CarswellOnt 3598, 53 O. M. B. R. 157], be grounded in fair, clear transparent, predictable and specific requirements that are set out in the official plan and are not arbitrary in their application.

[35] Vice Chair Schiller continues, “The Board adopts the analysis in Decision/Order 1585, and also known as the Minto BYG decision. An applicant should know what would be expected by way of s. 37 benefits if increases in height and density were approved…. Minto BYG also made clear that the benefits must relate to the development.”

[36] Minto BYG further stated that it “lies with the municipality to demonstrate the connection between the proposal and the benefits.”

[37] This, the City failed to do. Mr. Nicholson presented the Board with what could, at best, be described as a “wish list”, without a clear connection to the proposed development. - 9 - PL121287

[38] At the very least, the City had a responsibility to discuss this list of proposed benefits with Dun West prior to Mr. Nicholson outlining it in his witness statement.

[39] The Board finds that the City failed to establish the necessary connection between the s. 37 benefits it seeks and the proposed development.

ORDER

[40] For the reasons outlined above, the Board orders that the appeal is granted and:

(a) that the Draft Zoning By-law Amendment appended as Attachment 1 to this order be approved;

(b) that the Revised Site Plan be approved in principle in the form marked as Exhibit 5.

“Sylvia Sutherland”

SYLVIA SUTHERLAND MEMBER

ATTACHMENT 1

Authority: Ontario Municipal Board Order issued on ______, 2014 in Board File No. PL121287

CITY OF TORONTO

BY-LAW No. ____-2014(OMB)

To amend the General Zoning By-law No. 438-86 of the former City of Toronto respecting the lands municipally known as 2376 and 2388 Dundas Street West.

Whereas the owner of the lands known municipally in the year 2013 as 2376 and 2388 Dundas Street West appealed a proposed zoning by-law amendment to the Ontario Municipal Board; and

Whereas the Ontario Municipal Board, by its Decision/Order issued on ______, 2014 in Board File No. PL121287, approved amendments to the former City of Toronto Zoning By-law No. 438-86, as amended, with respect to those lands;

Therefore pursuant to the Order of the Ontario Municipal Board, By-law No. 438-86 of the former City of Toronto is amended as follows:

1. Pursuant to Section 37 of the Planning Act, the heights and density of development permitted by this By-law are permitted subject to compliance with the conditions set out in this By-law and in return for the provision by the owner of the site of the facilities, services and matters set out in Appendix 1 of this By-law, the provisions of which shall be secured by an agreement or agreements pursuant to Section 37(3) of the Planning Act.

2. Upon execution and registration of an agreement or agreements with the owner of the site, pursuant to Section 37 of the Planning Act, securing the provision of the facilities, services and matters set out in Appendix 1 of this By-law, the site is subject to the provisions of this By-law, provided that in the event the said agreement(s) requires the provision of a facility, service or matter as a precondition to the issuance of a building permit, the owner may not erect or use such building until the owner has satisfied the said requirement.

3. Wherever in this By-law a provision is stated to be conditional upon the execution and registration of an agreement entered into with the City pursuant to Section 37 of the Planning Act, then once such agreement has been executed and registered, such conditional provisions shall continue to be effective notwithstanding any subsequent release or discharge of all or any part of such agreement.

4. Except as otherwise provided herein,

(a) the provisions of By-law No. 438-86 shall continue to apply to the site; and

(b) By-law No. 1994-0799, of the former City of Toronto, as amended and approved by Order of the Ontario Municipal Board issued on February 2, 1998 (Board File No. PL956072) shall no longer apply to the site.

5. None of the provisions of Section 2(1) with respect to the definition of "grade" and none of the provisions of Sections 4(2)(a), 8(3) Part I 1 and 3(a), and 12(2)347 1(c)(d), 4 and 2 City of Toronto By-law No. ____-2014 (OMB)

8(a), of By-law No. 438-86, shall apply to prevent the erection and use of a mixed-use building on the site, provided that:

(a) the lot on which the building is located comprises at least the site;

(b) the total combined non-residential gross floor area and residential gross floor area on the site shall not exceed 25,211.5 square metres, of which:

i. the total residential gross floor area shall not exceed 24,663.2 square metres; and

ii. the total non-residential gross floor area shall not exceed 584.3 square metres;

(c) no part of any building or structure erected within the site shall be located above grade other than within a building envelope, with the exception of the following:

i. canopies, eaves, awnings and building cornices;

ii. light fixtures, ornamental and architectural elements, parapets, ventilation pipes, railing and fences, planters, trellises, window sills, underground garage ramps, landscape and public art features; and

iii. balconies, provided they extend no more than 1.7 metres beyond the associated building envelope;

(d) the height of each portion of a building or structure erected above grade within the site, in respect of each building envelope area, has a maximum height in metres as shown following the symbol "H" on Map 2 for the corresponding building envelope area, except for:

i. the structural projections permitted in Section 5(c) of this By-law; and

ii. within the building envelope areas delineated on Map 2 as "H 16m", "H 21m", "H 28m", and "H 72m",

A. parapets are permitted with a maximum height of 0.9 metres above those height limits;

B. terrace and balcony railings, dividers, guard rails and balustrades, are permitted with a maximum height of 2.0 metres above those height limits; and

C. wind screens are permitted with a maximum height of 3.4 metres above those height limits; and

D. within the building envelope area delineated on Map 2 as " Mechanical Penthouse H 78m", guard rails are permitted with a 3 City of Toronto By-law No. ____-2014 (OMB)

maximum height of 2.0 metres above that height limit;

(e) the components of the building located within the building envelope area delineated on Map 2, as "Mechanical Penthouse H 78m", shall be used only as a mechanical penthouse and associated stair enclosures at any point between a height of 72 metres to 78 metres above grade; and

(f) the components of the building located within the building envelope areas delineated on Map 2 as either "H72" or "Mechanical Penthouse H 78m" shall have a maximum floor plate size of 750 square metres between a height of 28 metres to 72 metres above grade.

6. For clarity, all Appendices and Maps attached to this By-law are incorporated into this By-law and are deemed to be a part of this By-law.

7. A temporary sales office shall be permitted on the site.

8. Despite any existing or future severance, partition, or division of the site, the provisions of this By-law shall apply to the whole of the site as if no severance, partition or division occurred.

9. For the purpose of this By-law, the following expressions shall have the following meaning:

(a) "building envelope" means a building envelope for each height area within the site as shown by an "H", and as delineated by the lines on Map 2 attached hereto;

(b) "By-law No. 438-86" means By-law No. 438-86, as amended, of the former City of Toronto being, "A By-law to regulate the use of land and the erection, use, bulk, height, spacing and other matters relating to buildings and structures and to prohibit certain uses of lands and the erection and use of certain buildings and structures in various areas of the City of Toronto";

(c) "City" means the City of Toronto;

(d) "grade" means 113.44 metres above Canadian Geodetic Datum;

(e) "owner" means the registered owner of the site or any part thereof;

(f) "sales office" means an office used exclusively for the initial sale and/or initial leasing of dwelling units or non-residential uses to be erected on the site;

(g) "site" means those lands outlined by heavy lines on Map 1 attached hereto; and

(h) each other word or expression, which is italicized in this by-law, shall have the same meaning as each such word or expression as defined in By-law No. 438-86. PURSUANT TO ONTARIO MUNICIPAL BOARD DECISION ISSUED ON _____, 2014 IN BOARD FILE NO. PL121287 4 City of Toronto By-law No. ____-2014 (OMB)

APPENDIX 1

SECTION 37 PROVISIONS

The facilities, services and matters set out herein are the facilities, services and matters required to be provided by the owner to the City in accordance with an agreement or agreements pursuant to Section 37(1) of the Planning Act:

Provisions for transit improvements and transit-related matters including the owner agreeing to:

1. Convey, prior to issuance of an above grade building permit, an easement or fee simple conveyance to the City, Metrolinx and the TTC, at their election, for at-grade public usage of a 3.0 metre wide strip of land along the southern property line of the site for the purposes of providing a public pedestrian connection between the Metrolinx/GO Station and Dundas Avenue West, as shown on Drawing SPA 101, at no cost to the City, the TTC or Metrolinx.

2. Convey, prior to issuance of an above grade building permit, an easement or fee simple conveyance to the City, Metrolinx and the TTC, at their election, for the provision of lands for the creation of a Passenger Pick-Up and Drop-off Facility along the eastern portion of the site, as shown on Drawing SPA 101 at no cost to the City, the TTC or Metrolinx;

3. Convey, prior to issuance of an above grade building permit, an easement or fee simple conveyance to the City, Metrolinx and the TTC, at their election, for the provision of an area at the southeast corner of the site for the future construction of a TTC second exit and/or entrance facility from Dundas West subway station. This area includes approximately 160 m2 at the P1 level as shown on Drawing SPA 202, and approximately 280 m2 at the ground floor level, as shown on Drawing SPA 101.

4. The owner shall enter into an agreement with the City pursuant to Section 37 of the Planning Act, to secure the provision of the said facilities, services and matters, in a form satisfactory to the City's Solicitor with conditions providing for indexed escalation of financial contributions, no credit for development charges, indemnity, insurance, HST, termination and unwinding, and registration and priority of agreement. 5 City of Toronto By-law No. ____-2014 (OMB)

6 City of Toronto By-law No. ____-2014 (OMB)