Final Report - 300 - 304 The East Mall - Zoning By-Law Amendment Application

Considered

• 2020-09-09 · Etobicoke York Community Council · amended

  Decision as filed

  Etobicoke York Community Council recommends that: 1. City Council amend City of Toronto Zoning By-law No. 569-2013 for the lands at 300-304 The East Mall substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment No. 5 to the report (August 24, 2020) from the Director, Community Planning, Etobicoke York District. 2. City Council amend the former City of Etobicoke Zoning Code for the lands at 300-304 The East Mall substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment No.

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  6 to the report (August 24, 2020) from the Director, Community Planning, Etobicoke York District. 3. City Council authorize the City Solicitor to make such stylistic and technical changes to the Draft Zoning By-law Amendments as may be required. 4. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act, and any other necessary agreements, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, with such Agreement(s) to be registered on title to the lands at 300-304 The East Mall in a manner satisfactory to the City Solicitor to secure the following community benefits at the owner's expense: a. Prior to the earlier of condominium registration or first residential use on site, the owner shall design, construct, finish and convey to the City, in an acceptable environmental condition, for nominal consideration and at no cost to the City, a minimum 5,000 square feet (465 m²) Community Agency Space located on the ground floor of Building 2 adjacent to the public park and subject to the following: i. The Community Agency Space shall be delivered to the City in accordance with the City's Community Space Tenancy Policy and finished to Base Building Condition, with the terms and specifications to be secured in the Section 37 Agreement, all satisfactory to the Executive Director, Social Development, Finance and Administration, the Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning and the City Solicitor, in consultation with the Ward Councillor; ii. Prior to the issuance of the first above grade building permit, the owner shall provide a letter of credit in the amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and conveyance of the Community Agency Space complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning and the City Solicitor; iii. Prior to conveyance of the Community Agency Space to the City, the owner shall provide a one-time cash contribution in the amount of $750,000.00 for future capital improvements to the Community Agency Space; iv. The cash contribution referred to in Part 4(a)(iii) shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of the Agreement to the date of payment; and v. Concurrent with or prior to, the conveyance of the Community Agency Space to the City, the owner and the City shall enter into, and register on title to, the appropriate lands an Easement and Cost Sharing Agreement for nominal consideration and at no cost to the City, that is in a form satisfactory to the City Solicitor. The Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the owner as they pertain to the Community Agency Space. b. 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 construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard. ii. The owner shall provide, at its own expense, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, a minimum area of 750 m² as Privately-Owned Publicly-Accessible Space (POPS) on the west side of the site in front of the lobby entrances to Building 1, with trees, child specific play areas and seating and shall provide to the City for nominal consideration public access easements to and over the POPS for use by members of the general public. Public access easements shall also be provided over the pedestrian walkway along the proposed north-south central private street through the site, which would be accessed from the public sidewalk and street (Bloor Street West). The public access easements are to be conveyed to the City for nominal consideration and are to be free and clear of all physical and title encumbrances, to the satisfaction of the City Solicitor. Such easements to be conveyed to the City prior to Site Plan Approval, and with the configuration and design to be determined to the satisfaction of the Chief Planner and Executive Director, City Planning in the context of site plan approval. The owner shall operate, maintain and repair the POPS and install and maintain signs, at its own expense, stating that members of the public shall be entitled to use the POPS during the day and night, 365 days of the year. The owner shall have completed the construction of the POPS prior to the first commercial or residential use on Area 1 of the site, as depicted in Diagram 1 to the Draft Zoning By-law Amendment attached as Attachment 5 to the report (August 24, 2020) from the Director, Community Planning, Etobicoke York District. iii. The owner shall obtain all required permit(s) from the Ministry of Transportation (MTO) prior to any construction and for all signs visible to Highway 427. MTO permits can only be applied for once Site Plan Approval is granted. iv. Through the Site Plan Approval process, the owner shall implement the wind control measures identified in the Pedestrian Wind Study, dated October 8, 2019, prepared by RWDI and any future addendum, to the satisfaction of the Chief Planner and Executive Director, City Planning. Any required mitigation measures would be secured through the Site Plan application review process. v. Prior to Site Plan Approval, the owner shall submit an updated Noise Impact Study/Addendum Letter to be further peer reviewed at the expense of the owner to the satisfaction of 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 application review process, to the satisfaction of the Chief Planner and Executive Director, City Planning. vi. Through the Site Plan Approval process, the owner shall implement the air quality measures and recommendations identified in the Air Quality Assessment prepared by RWDI, dated September 6, 2019 and any future addendum as well as conduct an Air Quality Assessment that will include dispersion modelling to determine the impacts of transportation emissions on local air quality to the satisfaction of Public Health. The Air Quality Assessment would be peer reviewed by an independent third party selected by the City (at the expense of the owner). Should there be an air quality impact identified in the study, appropriate mitigation measures would be considered and secured through the Site Plan application review process to the satisfaction of Public Health and the Chief Planner and Executive Director, City Planning. vii. The owner shall satisfy the requirements of the Toronto District School Board regarding warning clauses and signage with respect to school accommodation issues. viii. The owner shall notify NAV Canada a minimum of 10 days prior to the start of construction. ix. A minimum of 10% of the dwelling units on the lands must be three-bedroom units and a minimum of 20% of the dwelling units on the lands must be two-bedrooms units. x. The owner shall be required to undertake the following, to the satisfaction of the General Manager of Transportation Services, at no cost to the City: a. Prior to Site Plan Approval, the owner shall submit for review and approval, all necessary engineering drawings and documentation associated with the removal of the existing channelized southbound-to-westbound right-turn lane at the northwest corner of the Bloor Street West and The East Mall signalized intersection, and its replacement with an exclusive southbound-to-westbound right-turn lane; b. Prior to the issuance of any above grade Building Permit, the owner shall construct and pay all costs associated with the removal of the existing channelized southbound-to-westbound right-turn lane at the northwest corner of the Bloor Street West and The East Mall signalized intersection, and its replacement with an exclusive southbound-to-westbound right-turn lane, as per the approved engineering drawings required in the condition above; c. Prior to Site Plan Approval, the owner shall submit for review and approval, a full-size pavement marking and signing plan (in metric units) modifying the previously-approved pavement markings along Gibbs Road, west of The East Mall, revised to illustrate two separate eastbound lanes approaching the previously-approved signalized intersection of Gibbs Road with The East Mall, such that one lane is designated for right-turn movements and the other lane is designated for left-turn movements; d. Prior to the issuance of any above grade Building Permit, the owner shall pay for all costs associated with implementing the proposed updated modifications to the previously-approved pavement markings for Gibbs Road, west of The East Mall, as per the approved pavement marking and signing plan required in the condition above; e. Prior to Site Plan Approval, the owner shall submit for review and approval, through the proponent's retained transportation consultant, revised traffic capacity analyses of the existing signalized intersection at Bloor Street West and The East Mall and the existing signalized intersection at Bloor Street West and The West Mall, based upon the most up-to-date signal timing information available at the time of the analyses, and with recommendations for signal timing adjustments and provision of any additional signal phases to improve the level-of-service at these intersections, as required; f. Prior to the issuance of any above grade Building Permit, the owner shall pay for all costs associated with implementing any approved signal timing adjustments and provision of any additional signal phases to improve the level-of-service at the existing signalized intersection at Bloor Street West and The East Mall and the existing signalized intersection at Bloor Street West and The West Mall, based upon the traffic capacity analyses required in the condition above; g. Prior to Site Plan Approval, the owner shall submit for review and approval, through the proponent's retained transportation consultant, a revised traffic capacity analyses for the previously-approved proposed traffic control signals at the intersection of Gibbs Road and The East Mall with recommendations for any signal timing modifications from the previously-approved signal timing plan for that intersection, as required; h. Prior to the issuance of any above grade Building Permit, the owner shall pay for all costs associated with implementing any approved signal timing adjustments to the previously-approved signal timing plan for the proposed traffic control signals at the intersection of Gibbs Road and The East Mall, based upon the traffic capacity analyses required in the condition above; and xi. Prior to final Site Plan Approval, the owner to provide a construction management plan, in consultation with the Ward Councillor, which addresses construction vehicle routing, temporary parking and communications with neighbouring stakeholders such as the Toronto District School Board, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the Chief Planner and Executive Director, City Planning and thereafter the owner shall implement such strategies and plans. 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 satisfaction of the General Manager, Parks, Forestry and Recreation (PFR). The development charge credit shall be in an amount that is the lesser of the cost to the owner of installing the Above Base Park Improvements, as approved by the General Manager, PFR, 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. The owner is required to submit a design and cost estimate to be approved by the General Manager, PFR, and a letter of credit equal to 120% of the Parks and Recreation Development Charges payable for the development. The design, cost estimate and letter of credit will be required prior to the issuance of any above grade Building Permit. 6. City Council require that the conditions related to the conveyance of the required public parkland dedication having an area of 2,040 m² be satisfied prior to the issuance of any above grade Building Permit for the lands, to the satisfaction of the General Manager, Parks, Forestry and Recreation, the Director, Real Estate Services and the City Solicitor. The subject parkland conveyance is to be free and clear, above and below grade of all physical and title encumbrances and encroachments, including surface and subsurface easements, unless otherwise approved by the General Manager, Parks, Forestry and Recreation. The owner is to pay for the costs of the preparation and registration of all relevant documents. The owner shall provide to the satisfaction of the City Solicitor all legal descriptions and applicable reference plans of survey for the new parkland. 7. City Council direct the City Solicitor to secure matters regarding the required parkland conveyance through a Section 37 Agreement, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor, including: a. Conveyance of land to the City for public parkland, with a minimum size of 2,040 m² as generally depicted in Schedule/Diagram 2 and 3 of the Draft Zoning By-law Amendments; b. Securing the design and construction of the new public park to Above Base Park Improvements; and c. All other conditions such as (but not limited to): Parkland Conveyance; Environmental Assessment; Park Construction and Base Park Improvements; Above Base Park Improvements; and Credit Against Development Charges for Above Base Park Improvements as outlined in the memorandum from Parks, Forestry and Recreation dated February 24, 2020, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor. 8. City Council amend Municipal Code Chapter 925, Permit Parking, such that the General Manager, Transportation Services, will not accept applications from residents of, visitors to or tradespersons at 300-304 The East Mall, for a permit.

  Clerk’s note

  Etobicoke York Community Council held a statutory public meeting on September 9, 2020, and notice was given in accordance with the Planning Act.

• 2020-09-30 · Toronto City Council · adopted