Request for Directions Report - 555 The West Mall - Zoning By-law Amendment Application

The purpose of this report is to seek City Council's direction for the City Solicitor and other appropriate City staff to attend the LPAT in support of a revised proposal (subject to a number of conditions) submitted by the applicant on April 29, 2019. A Pre-Hearing Conference was held at the LPAT on May 6, 2019 in which requests for status in the proceeding and next steps were established. A second Pre-Hearing Conference is scheduled for August 23, 2019 to either consider a settlement or consider a draft procedural order and issues list for a hearing. The original application submitted on November 4, 2016, proposed to amend the former City of Etobicoke Zoning Code and City of Toronto Zoning By-law No. 569-2013 to permit a 24-storey (69 m in height, excluding the mechanical penthouse) purpose built rental apartment building with 293 residential dwelling units to the north of an existing 14-storey, 119 unit residential rental apartment building on the site. The proposed development (including the existing building) had a proposed total gross floor area of 34,591 m² and a total Floor Space Index of 4.02 times the area of the lot. The existing and proposed building would be served by a shared 4-level underground parking garage. The existing 14-storey rental apartment building on the site would be retained. The revised proposal modifies the development by reducing the height of the proposed apartment building to 22 storeys (61.4 m in height, excluding the mechanical penthouse), reducing the number of residential dwelling units to 256 and decreasing the total gross floor area (including the existing building on the site) to 30,458 m² for a total Floor Space Index of 3.54 times the area of the lot. Other minor modifications to the built form, site layout and access are also proposed. The revised proposal is consistent with the Provincial Policy Statement (2014) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019).The proposal is appropriate for the site and is compatible with the surrounding area. The revised proposal conforms to the Apartment Neighbourhoods Official Plan designation as the proposed building represents compatible intensification and would provide new purpose built rental infill housing and improve the existing rental apartment building on the site. This report recommends that City Council direct the City Solicitor, together with appropriate City staff, to support the revised proposal at the LPAT, subject to a number of conditions.

the Zoning By-law Amendment application, in whole or in part, City Council direct the City Solicitor to request that the LPAT withhold its Order(s) approving the Zoning By-law Amendments until such time as the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning and the owner provides draft by-laws to the LPAT in a form and content to the satisfaction of the Director, Community Planning, Etobicoke York District, and pending: a. Confirmation from the City Solicitor that the owner has submitted to the General Manager of Transportation Services for review and acceptance, revised plans clarifying the discrepancy in the parking supply between the proposed underground parking garage plans and the revised site statistics. b. Confirmation from the City Solicitor that the owner has submitted to the General Manager of Transportation Services for review and acceptance, revised underground parking garage plans illustrating that the typical parking space dimensions and the proposed drive aisle widths comply with the minimum requirements of Zoning By-law No. 569-2013. c. The revised proposal providing a parking supply and parking space dimensions that comply with the minimum requirements of Zoning By-law No. 569-2013 for "All Other Areas". d. The revised proposal providing a minimum of one Type 'G' loading space with size dimensions that comply with the minimum loading space requirements in Zoning By-law No. 569-2013. e. Confirmation from the City Solicitor that the owner has entered into and registered on title an Agreement under Section 37 of the Planning Act to secure the following facilities, services and matters at the owners expense: i. Prior to the issuance of the first-above grade building permit for the development, the owner shall pay to the City the sum of $550,000 to be used in Ward 2 and allocated towards the following community benefits to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor: - Streetscaping along The West Mall in the vicinity of the property including streetscape improvements that comply with the Streetscape Manual and/or are to the satisfaction of the Chief Planner and Executive Director, City Planning; - Capital upgrades and improvements to the Toronto Community Housing Corporation property at 559 The West Mall; - Improvements to local parks in the Ward; and - Improvements to the Etobicoke Olympium Community Centre. ii. The above required cash contribution in 2.e.i. is to be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date of the execution of the Section 37 Agreement to the date the payment is made. iii. In the event the cash contribution required in Recommendation 2.e.i. has not been used for the intended purpose within three (3) years of the Zoning 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, City Planning, in consultation with the Ward Councillor, provided that the purpose(s) is/are identified in the Toronto Official Plan and will benefit the community in the vicinity of the property. 3. City Council direct that the following matters be secured in the Section 37 Agreement as a legal convenience to support development: a. The owner to provide and maintain the 119 existing rental housing units at 555 The West Mall as rental housing a period of at least 20 years, from the date of the By-law coming into full force and effect, with all associated facilities and building amenity improvements to be secured for the rental housing units, at no extra cost to the existing tenants, and with no applications for demolition or conversion from residential rental use, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor. b. Prior to the issuance of the first building permit, the owner to submit a Construction Mitigation and Tenant Communication Plan to the satisfaction of the Chief Planner and Executive Director, City Planning. c. The owner to construct and maintain at least 628 m² of ground floor indoor amenity space in the new building at 555 The West Mall to be shared by tenants of both buildings. d. The owner to provide and maintain new indoor amenity space comprised of at least the following: a multi-purpose room to be appropriately furnished and having direct access to a washroom; and a fully outfitted fitness and exercise room. Outdoor amenity space is to be provided that will include at least a children's play area with a minimum of two benches for seating. This indoor and outdoor amenity space is to be provided to the satisfaction of the Chief Planner and Executive Director, City Planning. e. The owner to make available to tenants of both buildings all ground floor indoor and all outdoor amenity spaces generally as illustrated on the Ground Floor Plan submitted by the applicant in the revised proposal, for the proposed 22-storey building and existing building, without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings. f. Prior to Site Plan Approval, the owner to submit an updated Noise Feasibility Assessment/Addendum Letter to be further peer reviewed and resolved to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning. The owner shall construct and maintain any required noise mitigation measures, to be secured through the Site Plan review process, to the satisfaction of the Chief Planner and Executive Director, City Planning. g. The owner to implement the wind control measures identified in the Pedestrian Wind Study dated October 31, 2018 prepared by RWDI, and the updated Pedestrian Wind Conditions Addendum Letter, dated April 24, 2019 prepared by RWDI to the satisfaction of the Chief Planner and Executive Director, City Planning. Such measures to be secured through the Site Plan review process. h. The owner to construct and maintain the development in accordance with the Tier 1 performance measures of the Toronto Green Standard. i. A minimum of 10% of all units shown on the plans for the entire development shall be provided as three-bedroom units. j. The owner to obtain all required permit(s) from the Ministry of Transportation prior to any construction. k. The owner to notify NAV Canada a minimum of 10 days prior to the start of construction. 4. City Council authorize the City Solicitor and appropriate City staff to take any necessary steps to implement the foregoing.