1800-1818 St. Clair Avenue West and 383, 423 and 425 Old Weston Road - Official Plan and Zoning By-law Amendment Application - Final Report

Clair Avenue West frontage and five low-rise blocks of stacked 3.5-storey townhouses (between 10.5 m to 11.2 m in height, excluding the rooftop staircase enclosure) on the Old Weston Road lands. In addition, a new public park is proposed to have a total area of approximately 857 m2. A total of 276 residential units are proposed, of which 96 are townhouse units and 180 are units within the proposed mixed use building. Of the 96 townhouse units, 20 affordable housing units would be provided in partnership with Habitat for Humanity. The proposed development would have a total gross floor area of 21,750 m2, of which 21,263 m2 is proposed for residential use and 487 m2 is proposed for commercial use. The proposed overall density represents a Floor Space Index of 2.1 times the area of the lands. Vehicular access is proposed from Old Weston Road to the west and Cloverdale Road to the east and a total of 218 parking spaces are proposed within a two-level underground parking garage. The proposed development is consistent with the Provincial Policy Statement (2014) and conforms with the Growth Plan for the Greater Golden Horseshoe (2017). The proposed development represents appropriate intensification along the frontages of St. Clair Avenue West and Old Weston Road. The proposed mixed use building and townhouses conform with the Official Plan policies and are generally consistent with the City's Tall Building Design Guidelines as well as the Infill Townhouse Guidelines. The proposed development fits within the existing and planned context and character of this neighbourhood. The proposal addresses the sites location within the Mixed Use Areas (St. Clair Avenue West lands) and Neighbouhoods (Old Weston Road lands) designations of the Official Plan. It should also be noted that the southern portion of the site which fronts St. Clair Avenue West is on an Avenue. 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 appearance of the street, shopping opportunities and transit service for community residents. This report reviews and recommends approval of the application to amend the Official Plan and Zoning By-law subject to conditions before introducing the necessary Bills to City Council for enactment. Provided the conditions are fulfilled, staff are of the opinion the proposed development is appropriate in this location.

438-86 as amended by By-law No. 815-2017 and City of Toronto Zoning By-law No. 569-2013 as amended by By-law No. 1050-2017, for the lands at 1800-1818 St. Clair Avenue West and 383, 423 and 425 Old Weston Road substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment 6 to the report dated February 27, 2019, from the Director of Community Planning, Etobicoke York District. 3. City Council authorize the City Solicitor to make such stylistic and technical changes to the Draft Official Plan and Zoning By-law Amendments as may be required. 4. City Council classify the subject lands as a Class 4 Noise Area pursuant to Publication NPC-300 (Ministry of Environment and Climate Change Environmental Noise Guideline - Stationary and Transportation Sources - Approval and Planning). 5. 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 on-site public park with an approximate area of 857 m2, 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. 6. City Council authorize the General Manager, Parks, Forestry and Recreation to accept the parkland dedication shortfall of a minimum of 691.56 m2 to be paid by cash-in-lieu. 7. Before introducing the necessary Bills to City Council for enactment, the owner be required to enter into an Agreement pursuant to Section 37 of the Planning Act satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor, such Agreement to be registered on title to the lands at 1800-1818 St. Clair Avenue West and 383, 423 and 425 Old Weston Road, in a manner satisfactory to the City Solicitor to secure the following community benefits at the owner's expense: a. A cash contribution of $400,000.00 to be directed to "The Treasurer, City of Toronto" indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto for the period from the date of the execution of the Section 37 Agreement to the date of payment and to be used for local park, recreational facilities, or local area amenity improvements to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor. b. In the event the cash contribution referred to above has not been used for the intended purpose within three (3) years of the 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 is identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands. c. Prior to the earlier of the registration of a condominium or the residential occupancy of any part of the proposed development on Blocks A to E, the owner shall convey, in fee simple to Habitat for Humanity, a part of the site with a minimum area of 1,011 m2 for the purpose of constructing 20 affordable housing units. d. The owner shall provide, at its own expense, the design and construction of Above Base Park Improvements to the on-site parkland dedication, to the satisfaction of the General Manager, Parks, Forestry and Recreation, subject to Recommendation 5 and in accordance with Recommendation 7.f. The conveyance of the parkland dedication shall be in environmental condition, satisfactory to the General Manager, Parks, Forestry and Recreation, in accordance with the City standards and would occur prior to the earlier of the registration of a condominium or the residential occupancy of any part of the proposed development on Blocks A to E. e. Prior to the issuance of the first above grade building permit, the owner shall submit a cost estimate and plans for the Base Park Improvements, to the satisfaction of the General Manager, Parks, Forestry and Recreation. Prior to the issuance of the first above grade building permit, the owner shall also post an irrevocable Letter of Credit in the amount of 120% of the value of the Base Park Improvements for the parkland, to the satisfaction of the General Manager, Parks, Forestry and Recreation. No credit shall be given towards the Parks and Recreation component of the Development Charges for costs associated with Base Park Improvements. The stockpiling of any soils or materials or use as an interim construction staging area on the conveyed parkland is prohibited unless an agreement, other than a privately owned public space, has been obtained from the Manager of Business Services, Parks, Forestry and Recreation. The agreement, if approved, will outline in detail the insurance requirements, extent of area permitted, permitted use, tree removal and replacement, duration, restoration plan and costs, and compensation to the satisfaction of the General Manager, Parks, Forestry and Recreation. The agreement must be secured prior to stockpiling of any soils or materials or use as an interim construction staging area on the parkland, after conveyance to the City. The owner will indemnify the City against any claim during any interim use of or work carried out by the owner on the park. Any compensation accrued shall be applied to park improvements within the ward in consultation with the Ward Councillor. The construction of the Base Park Improvements will be deferred to correspond with the completion of Above Base Park Improvements, to the satisfaction of the General Manager, Parks, Forestry and Recreation, as set out in Recommendation 7.f. f. The owner agrees to design and construct the Above Base Park Improvements to the new park for a development charge credit against the Parks and Recreation component of the Development Charges to the satisfaction of the General Manager, Parks, Forestry and Recreation, as set out in Recommendation 5. The owner is required to submit a design and cost estimate, to the satisfaction of the General Manager, Parks, Forestry and Recreation, and a letter of credit equal to 120% of the lesser of the approved cost estimate for Above Base Park Improvements, and the Parks and Recreation Development Charges payable for the development. The design, cost estimate and ultimately the letter of credit will be required prior to the issuance of the first above grade building permit for Blocks A to E, to the satisfaction of the General Manager, Parks, Forestry and Recreation. The Base Park Improvements and Above Base Park Improvements shall be completed prior to one year from the day the parkland is conveyed in fee simple to the City subject to extensions for seasonality satisfactory to Parks, Forestry and Recreation. Should the completion of the Base Park Improvements and Above Base Park Improvements not be completed prior to one year from the day the parkland is conveyed in fee simple to the City, Parks, Forestry and Recreation may draw from Letters of Credit in order to complete the park construction, subject to extensions satisfactory to Parks, Forestry and Recreation for seasonality. g. The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development: i. The owner shall provide, at its own expense, an approximate area of 159 m2 of privately-owned publicly-accessible space (POPS) and grant access easements to the City for the purpose of access to and use of the POPS for members of the public, prior to the earlier of the registration of a condominium or the residential occupancy of any part of the proposed development on Blocks A to E. This POPS area is to be located fronting Old Weston Road, between the properties municipally known as 381 and 387 Old Weston Road. The POPS easements are to be conveyed to the City for nominal consideration and are to be free and clear of all physical and title encumbrances, other than those acceptable to the City Solicitor. The owner shall own, operate, maintain and repair the POPS. The owner shall install and maintain a centralized sign, at its own expense, stating that members of the public shall be entitled to use the POPS from 6:00 a.m. to 12:01 a.m. 365 days of the year. ii. The owner shall, prior to the issuance of the first above grade building permit, register a Section 118 Restriction pursuant to the Land Titles Act, in priority, against title to the parcel of land to be conveyed in fee simple to the City for the purpose of the on-site parkland dedication, to the satisfaction of the City Solicitor, until such time that the lands are conveyed to the City, to the satisfaction of the General Manager, Parks, Forestry and Recreation. iii. The owner shall design and reconstruct a 2.1 m wide municipal sidewalk along the frontage of Old Weston Road (measuring 69.3 m and 6.1 m) to the satisfaction of the Executive Director of Engineering and Construction Services and the General Manager of Transportation Services and at no cost to the City, prior to the earlier of the registration of a condominium or the residential occupancy of any part of the proposed development on Blocks A to E. iv. The owner shall grant easements to the City of Toronto for the purposes of the general public's access to the park over the portico, sidewalk and driveway, as part of the condominium approval process for Blocks A to E, subject to conditions satisfactory to the Director of Community Planning, Etobicoke York District, in consultation with the City Solicitor. v. The owner shall construct and maintain the development in accordance with the accepted Electro Magnetic Field study to secure mitigation measures (if required) to the satisfaction of the Chief Medical Officer, Toronto Public Health. vi. The owner shall construct and maintain the development in accordance with the accepted Environmental Noise Feasibility Study prepared by Valcoustics Canada Ltd. dated November 23, 2018, to secure appropriate mitigation measures for noise control. vii. The owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council at its meeting held on October 26 and 27, 2009 through the adoption of item PG32.3 of the Planning and Growth Management Committee, as further amended by City Council from time to time.