5950 Bathurst Street - Zoning Amendment Application - Final Report

The application will retain and secure improvements for the existing 129 rental dwelling units, provide 259 new dwelling units, and provide 274 vehicular and 291 bicycle parking spaces in a three-storey below grade garage. The proposed development would have a gross floor area of 34,140 square metres (13,740 square metres existing and 20,400 square metres in the new building and building addition) for a total Floor Space Index (FSI) of 3.84. A new 375 square metre public park would be located to the south of the development block fronting onto Bathurst Street and a 3.0 metre wide strip along the southern boundary of the site will be provided for a future Multi-Use Trail in conjunction with lands from adjacent properties. The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020). This report reviews and recommends approval of the application to amend the Zoning By-law. The proposed building represents an appropriate level of intensification on the site and provides for amenity improvements for existing residents while providing the first portion of a future Multi-Use Trail connection which will benefit residents of the site and the surrounding community.

3. City Council authorize the City Solicitor to submit the necessary bill(s) to implement City Council's decision provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will be issued until such time as the Section 37 Agreement is executed and registered. 4. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows: a. the community benefits recommended to be secured in the Section 37 Agreement are as follows: 1. prior to issuance of the first above grade building permit, a Community Benefits monetary contribution of $800,000.00 towards construction of the Multi-Use Trail on the lands to be conveyed for this purpose, area parks improvements, and/or community center or streetscape improvements, and that the design of the streetscape improvements comply with the Streetscape Manual to the satisfaction of the Chief Planner and Executive Director, City Planning; 2. the financial contribution pursuant to Recommendation 4.a.1. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date City Council adopts the zoning by-law amendment(s) to the date of payment; and 3. prior to the issuance of the first above grade building permit, convey a 3.0 metre wide strip of land along the southern boundary of the site with an area of approximately 276 square metres for the purposes of a future Multi-Use Pathway right-of-way connecting Bathurst Street and Antibes Street, to be combined with lands to be conveyed in the future from adjacent properties to complete the Multi-Use Pathway right-of-way; b. in the event the cash contribution(s) referred to in Recommendation 4.a.1. above has not been used for the intended purpose within three (3) years of this By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director of City Planning, in consultation with the local Councillor, provided that the purpose(s) is identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands; c. the following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development: 1. the Owner will construct and maintain the development of the site in accordance with Tier 1, Toronto Green Standard (Version 3) and the Owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the first submission of a Site Plan Control application; 2. the Owner shall continue to provide and maintain the one hundred and twenty-nine (129) existing rental dwelling units on the lands at 5950 Bathurst Street as rental housing, together with the new and retained associated facilities and amenities of the existing residential rental property, for a period of at least twenty (20) years commencing from the date that the Zoning By-law Amendments come into force and effect, with no applications for demolition or conversion from residential rental use during such 20 year period, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; 3. the owner shall provide tenants of the 129 existing rental dwelling units with access to, and use of, all indoor and outdoor amenities in the proposed development, including a provision of a new indoor pool, at no extra charge, and on the same terms and conditions as any other resident of the development, without the need to pre-book or pay a fee unless specifically required as a customary practice for private bookings; 4. the owner shall provide an acceptable tenant relocation and assistance plan for all Eligible Tenants of the fourteen (14) existing rental dwelling units proposed to be reconfigured at 5950 Bathurst Street, addressing the right to return to occupy one of the reconfigured rental dwelling units at similar rents and other assistance to mitigate hardship. The tenant relocation and assistance plan shall be developed in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning Division; 5. the owner shall provide, at its expense and at no cost to tenants, improvements to the existing rental housing, taking into account tenant feedback obtained through a tenant survey, to the satisfaction of, the Chief Planner and Executive Director, City Planning Division, as follows: a. prior to the issuance of Notice of Approval Conditions for site plan approval: 1. submit a Construction Mitigation Strategy and Tenant Communication Plan to mitigate the impacts of construction on existing tenants, all to the satisfaction of the Chief Planner and Executive Director, City Planning; b. prior to the first above-grade building permit for any part of the development: 1. undertake accessibility improvements within the existing rental building at 5950 Bathurst Street, including push button automatic door openers for all common doors and a clothes folding table which is universally accessible within the laundry room; 2. provide upgrades to the laundry room in the existing rental building at 5950 Bathurst Street; c. prior to first occupancy of any new residential units in the development: 1. provide a consolidated waste management facility in the new residential building, including indoor storage of garbage, recycling and composting; 2. provide tenant bicycle parking within the proposed development; d. the costs associated with the provision and maintenance of the rental housing improvements and Construction Mitigation and Tenant Communication Plan required in Recommendations 4.c.5.a through c. shall not be passed on to tenants of the existing building in any form. For clarity, the owner agrees it shall not apply to the Landlord and Tenant Board or to any successor tribunal with jurisdiction to hear applications made under the legislation governing residential tenancies in Ontario, for an above-guideline increase in rent to recover expenses incurred in completing the rental housing improvements; 5. City Council require the Owner to provide a minimum of ten-percent of all new units in the proposed 16-storey building as three-bedroom units. 6. City Council require the Owner to provide a minimum of twenty-five-percent of all new units in the proposed 16-storey building as two-bedroom units. 7. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendments as may be required. 8. City Council declare, pursuant to subsection 45(1.4) of the Planning Act, R.S.O. 1990, c. P.13 for the purposes of subsection 45(1.3) of the Planning Act, R.S.O. 1990, c. P.13, that the owner, may be permitted to apply to amend the site specific zoning by-law for the lands at 5950 Bathurst Street before the second anniversary of the first day on which any part of the site specific by-law comes into effect. 9. City Council approve that in accordance with Section 42 of the Planning Act, prior to the first above grade building permit, the Owner shall convey to the City, an on-site parkland dedication, having a minimum size of 375 square metres located in the southeast corner of the site with frontage along Bathurst Street, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor. 10. City Council approve the acceptance of the on-site parkland dedication, subject to the Owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition. 11. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the Owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation. The development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.