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Etobicoke York Community Council · 2021-03-03 · 2021.EY22.9

The filed record

25 Mabelle Avenue - Zoning By-Law Amendment Application - Request for Direction Report

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The decision

2021-03-10 · Toronto City Council · adopted

As filed

City Council on March 10, 2021, adopted the following: 1. City Council direct the City Solicitor, together with City Planning staff and other City staff, and/or retain external consultants, as may be appropriate, to attend the Local Planning Appeal Tribunal hearing to oppose the Zoning By-law Amendment application for 25 Mabelle Avenue (File 18 270817 WET 03 OZ) as proposed. 2. City Council authorize the City Solicitor and appropriate City staff to continue discussions with the applicant in an attempt to resolve the issues identified in the report (February 4, 2021) from the Director, Community Planning, Etobicoke York District and to report back to City Council on the outcome of those discussions, if necessary.

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3. In the event that the Local Planning Appeal Tribunal allows the appeal in whole or in part, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any Final Order(s) on the appeal until such time as: a. the Draft Zoning By-law Amendment has been submitted to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, which is to include the following: i. securing the existing rental dwelling units, Construction Mitigation and Tenant Communication Plan, and other rental matters as required to conform with Policy 3.2.1.5 of the Official Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning; and ii. provides a minimum distance of 3 metres between the building, including all below and above grade structures, to all Toronto Transit Commission infrastructure, to the satisfaction of the Manager, Technical Review, Toronto Transit Commission; b. the owner has submitted revised Stormwater Management and Hydrogeological Reports, satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, including securing (and the provision of any financial securities) for any identified and/or required improvements and/or upgrades to municipal infrastructure; c. the owner has submitted a revised Functional Servicing Report to determine the stormwater run-off, sanitary flow and water supply demand resulting from the development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; d. the owner has made satisfactory agreements with Engineering and Construction Services staff and has entered into the appropriate agreements with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support the development, according to the accepted Functional Servicing Report and Traffic Impact Study/Urban Transportation Consideration Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services; e. the owner provides space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapter 68-10, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; f. the owner has provided a revised Traffic Impact/Urban Transportation Consideration Report, satisfactory to the General Manager, Transportation Services; g. the owner has provided a revised Pedestrian Level Windy Study, including wind tunnel test, to the satisfaction of the Chief Planner and Executive Director, City Planning; h. the submitted Rail Safety and Development Viability Report, prepared by Hatch Consultants and dated November 2018, has been peer reviewed by a third-party Rail Safety Consultant retained by the City of Toronto at the owner's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning; i. the submitted Noise and Vibration Feasibility Study, prepared by RWDI Consultants, dated December 5, 2018, has been peer reviewed by a third-party Noise and Vibration Consultants retained by the City of Toronto at the owner's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning; j. the owner shall satisfy the requirements of the Toronto District School Board and Toronto Catholic District School Board regarding warning clauses and signage with respect to school accommodation issues; k. the owner has satisfied the requirements of the Toronto Transit Commission in regards to additional information related to the Toronto Transit Commission infrastructure and their Limited Scope Technical Review, to the satisfaction of the Manager, Technical Review, Toronto Transit Commission; and l. the owner has entered into an Agreement under Section 37 of the Planning Act with the City for the purpose of securing community benefits valued at $3,700,000.00, to be used for local park and streetscape improvements, local traffic calming measures, the Islington Business Improvement Area, Public Art, community facilities within the Etobicoke Centre and Mabelle Arts parkette project, if the proposed development is approved in its current form, or a prorated quantum if the development is approved with a reduced building height or density, and to secure the following as legal conveniences: i. the owner shall be required to implement and maintain all recommended mitigation measures resulting from the third party Peer Review of the Noise and Vibration Feasibility Study and the Rail Safety and Development Viability Report, to the satisfaction of the Chief Planner and Executive Director, City Planning; ii. the owner shall be required to implement and maintain all recommended mitigation measures as per the accepted Pedestrian Level Wind Study, to the satisfaction of the Chief Planner and Executive Director, City Planning; and iii. the existing rental dwelling units, Construction Mitigation and Tenant Communication Plan, needed improvements to the existing residential rental building, and other rental matters as required to conform with Section 3.2.1.5 of the Official Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning. 4. City Council authorize the City Solicitor and other City staff to take any necessary steps to implement City Council's decision.

On the agenda

As the city filed it

On March 9, 2020, the owner of the property at 25 Mabelle Avenue appealed its Zoning By-law Amendment application to the Local Planning Appeal Tribunal (LPAT), citing City Council's failure to make a decision on the application within the prescribed timelines of the Planning Act. A LPAT Case Management Conference was held on September 23, 2020 and a 10-day hearing is scheduled to start on April 19, 2021. The site is currently occupied by a 30-storey residential rental apartment building located on the eastern portion of the subject site.

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The existing building has a total of 416 rental units. The western portion of the subject site is an open space area above the underground parking structure servicing the existing building. The TTC subway tracks pass beneath the southwest corner of the site, as such there is an 323 m2 triangular shaped TTC easement at the southwest corner of the property. The application proposes to amend the former City of Etobicoke Zoning Code and Site-Specific Zoning By-law No. 1088-2002 for the property at 25 Mabelle Avenue to develop, on the western portion of site, a 49-storey tower having an overall building height of 153 m (excluding mechanical equipment). The proposal would contain 486 residential units, with approximately 154 m2 of non-residential gross floor area located at-grade fronting Mabelle Avenue. A total of 318 vehicular parking spaces are to be provided in a 4-level underground garage accessible from Mabelle Avenue. The existing underground ramp that services the 30-storey apartment building would be relocated to the east side of the existing building. This report recommends that City Council direct the City Solicitor, together with appropriate City staff, to oppose the current proposal at the LPAT. The proposed built form does not fit within its existing and planned context, nor does it conform to the urban structure set out in the Etobicoke Centre Secondary Plan. The proposal is not consistent with the Provincial Policy Statement (2020), does not conform with the Growth Plan (2020), Official Plan and Etobicoke Centre Secondary Plan, and does not adequately address the City Council-approved design guidelines. The subject site is located in a mid-block location on a local road with no direct access to the Islington subway station, as such the proposed building height and density are not warranted.

Staff recommended

The City Planning Division recommends that: 1. City Council direct the City Solicitor, together with City Planning staff and other City staff, and/or retain external consultants, as may be appropriate, to attend the Local Planning Appeal Tribunal hearing to oppose the Zoning By-law amendment application (File No. 18 270817 WET 03 OZ) as proposed. 2. City Council authorize the City Solicitor and appropriate City staff to continue discussions with the applicant in an attempt to resolve the issues identified in this report; and to report back to City Council on the outcome of those discussions, if necessary.

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3. In the event that the Local Planning Appeal Tribunal allows the appeal in whole or in part, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal withhold the issuance of any Final Order(s) on the appeal until such time as: a. The Draft Zoning By-law Amendment has been submitted to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, which is to include the following: i. Securing the existing rental dwelling units, Construction Mitigation and Tenant Communication Plan, and other rental matters as required to conform with Policy 3.2.1.5 of the Official Plan, to the satisfaction of the Chief Planner and Executive Director. ii. Provides a minimum distance of 3 m between the building, including all below and above grade structures, to all TTC infrastructure, to the satisfaction of the Manager of Technical Review, Toronto Transit Commission. b. The owner has submitted revised Stormwater Management and Hydrogeological Reports, satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, including securing (and the provision of any financial securities) for any identified and/or required improvements and/or upgrades to municipal infrastructure. c. The owner has submitted a revised Functional Servicing Report to determine the stormwater run-off, sanitary flow and water supply demand resulting from the development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services. d. The owner has made satisfactory agreements with Engineering and Construction Services staff and has entered into the appropriate agreements with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support the development, according to the accepted Functional Servicing Report and Traffic Impact Study/Urban Transportation Consideration Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services. e. The owner provides space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapter 68-10, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services. f. The owner has provided a revised Traffic Impact/Urban Transportation Consideration Report, satisfactory to the General Manager, Transportation Services. g. The owner has provided a revised Pedestrian Level Windy Study, including wind tunnel test, to the satisfaction of the Chief Planner and Executive Director, City Planning. h. The submitted Rail Safety and Development Viability Report, prepared by Hatch Consultants and dated November 2018, has been peer reviewed by a third-party Rail Safety Consultant retained by the City of Toronto at the owner's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning. i. The submitted Noise and Vibration Feasibility Study, prepared by RWDI Consultants, dated December 5, 2018, has been peer reviewed by a third-party Noise and Vibration Consultants retained by the City of Toronto at the owner's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning. j. The owner shall satisfy the requirements of the Toronto District School Board and Toronto Catholic District School Board regarding warning clauses and signage with respect to school accommodation issues. k. The owner has satisfied the requirements of the Toronto Transit Commission in regards to additional information related to the Toronto Transit Commission infrastructure and their Limited Scope Technical Review, to the satisfaction of the Manager of Technical Review, Toronto Transit Commission. l. The owner has entered into an Agreement under Section 37 of the Planning Act with the City for the purpose of securing community benefits valued at $3,700,000.00, to be used for local park and streetscape improvements, local traffic calming measures, the Islington Business Improvement Area, Public Art, community facilities within the Etobicoke Centre and Mabelle Arts parkette project, if the proposed development is approved in its current form, or a prorated quantum if the development is approved with a reduced building height or density, and to secure the following as legal conveniences: i. The owner shall be required to implement and maintain all recommended mitigation measures resulting from the third party Peer Review of the Noise and Vibration Feasibility Study and the Rail Safety and Development Viability Report, to the satisfaction of the Chief Planner and Executive Director. ii. The owner shall be required to implement and maintain all recommended mitigation measures as per the accepted Pedestrian Level Wind Study, to the satisfaction of the Chief Planner and Executive Director. iii. The existing rental dwelling units, Construction Mitigation and Tenant Communication Plan, needed improvements to the existing residential rental building, and other rental matters as required to conform with Section 3.2.1.5 of the Official Plan, to the satisfaction of the Chief Planner and Executive Director. 4. City Council authorize the City Solicitor and other City staff to take any necessary steps to implement the foregoing.

Considered

  • 2021-03-03 · Etobicoke York Community Council · adopted

    Decision as filed

    The Etobicoke York Community Council recommends that: 1. City Council direct the City Solicitor, together with City Planning staff and other City staff, and/or retain external consultants, as may be appropriate, to attend the Local Planning Appeal Tribunal hearing to oppose the Zoning By-law amendment application (File Number 18 270817 WET 03 OZ) as proposed. 2. City Council authorize the City Solicitor and appropriate City staff to continue discussions with the applicant in an attempt to resolve the issues identified in this report; and to report back to City Council on the outcome of those discussions, if necessary.

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    3. In the event that the Local Planning Appeal Tribunal allows the appeal in whole or in part, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal withhold the issuance of any Final Order(s) on the appeal until such time as: a. The Draft Zoning By-law Amendment has been submitted to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, which is to include the following: i. Securing the existing rental dwelling units, Construction Mitigation and Tenant Communication Plan, and other rental matters as required to conform with Policy 3.2.1.5 of the Official Plan, to the satisfaction of the Chief Planner and Executive Director. ii. Provides a minimum distance of 3 m between the building, including all below and above grade structures, to all TTC infrastructure, to the satisfaction of the Manager of Technical Review, Toronto Transit Commission. b. The owner has submitted revised Stormwater Management and Hydrogeological Reports, satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, including securing (and the provision of any financial securities) for any identified and/or required improvements and/or upgrades to municipal infrastructure. c. The owner has submitted a revised Functional Servicing Report to determine the stormwater run-off, sanitary flow and water supply demand resulting from the development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services. d. The owner has made satisfactory agreements with Engineering and Construction Services staff and has entered into the appropriate agreements with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support the development, according to the accepted Functional Servicing Report and Traffic Impact Study/Urban Transportation Consideration Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services. e. The owner provides space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapter 68-10, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services. f. The owner has provided a revised Traffic Impact/Urban Transportation Consideration Report, satisfactory to the General Manager, Transportation Services. g. The owner has provided a revised Pedestrian Level Windy Study, including wind tunnel test, to the satisfaction of the Chief Planner and Executive Director, City Planning. h. The submitted Rail Safety and Development Viability Report, prepared by Hatch Consultants and dated November 2018, has been peer reviewed by a third-party Rail Safety Consultant retained by the City of Toronto at the owner's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning. i. The submitted Noise and Vibration Feasibility Study, prepared by RWDI Consultants, dated December 5, 2018, has been peer reviewed by a third-party Noise and Vibration Consultants retained by the City of Toronto at the owner's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning. j. The owner shall satisfy the requirements of the Toronto District School Board and Toronto Catholic District School Board regarding warning clauses and signage with respect to school accommodation issues. k. The owner has satisfied the requirements of the Toronto Transit Commission in regards to additional information related to the Toronto Transit Commission infrastructure and their Limited Scope Technical Review, to the satisfaction of the Manager of Technical Review, Toronto Transit Commission. l. The owner has entered into an Agreement under Section 37 of the Planning Act with the City for the purpose of securing community benefits valued at $3,700,000.00, to be used for local park and streetscape improvements, local traffic calming measures, the Islington Business Improvement Area, Public Art, community facilities within the Etobicoke Centre and Mabelle Arts parkette project, if the proposed development is approved in its current form, or a prorated quantum if the development is approved with a reduced building height or density, and to secure the following as legal conveniences: i. The owner shall be required to implement and maintain all recommended mitigation measures resulting from the third party Peer Review of the Noise and Vibration Feasibility Study and the Rail Safety and Development Viability Report, to the satisfaction of the Chief Planner and Executive Director. ii. The owner shall be required to implement and maintain all recommended mitigation measures as per the accepted Pedestrian Level Wind Study, to the satisfaction of the Chief Planner and Executive Director. iii. The existing rental dwelling units, Construction Mitigation and Tenant Communication Plan, needed improvements to the existing residential rental building, and other rental matters as required to conform with Section 3.2.1.5 of the Official Plan, to the satisfaction of the Chief Planner and Executive Director. 4. City Council authorize the City Solicitor and other City staff to take any necessary steps to implement the foregoing.

  • 2021-03-10 · Toronto City Council · adopted

On the record

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