375-385 The West Mall - Zoning By-law Amendment Application - Final Report

Considered

• 2021-10-12 · Etobicoke York Community Council · amended

  Decision as filed

  The Etobicoke York Community Council recommends that: 1. City Council amend the former City of Etobicoke Zoning Code for the lands at 375-385 The West Mall substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (September 22, 2021) from the Acting Director, Community Planning, Etobicoke York District. 2. City Council amend City-wide Zoning By-law 569-2013 for the lands at 375-385 The West Mall substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (September 22, 2021) from the Acting Director, Community Planning, Etobicoke York District.

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  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, the owner has, at its sole expense, submitted a noise impact study to the City, which shall be peer reviewed by a third party consultant, also at the owner's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning, and to secure any recommended mitigation measures through the Site Plan Approval process, and if necessary, revise the proposed draft Zoning By-law Amendments to address any mitigation measures arising from the accepted study. 5. Before introducing the necessary Bills to City Council for enactment, the owner has, at its sole expense, submitted an air quality study to the City, which shall be peer reviewed by a third party consultant, also at the owner's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning, and to secure any recommended mitigation measures through the Site Plan Approval process, and if necessary, revise the proposed draft Zoning By-law Amendments to address any mitigation measures arising from the accepted study. 6. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into, and register on title to 375-385 The West Mall, to the satisfaction of the Chief Planner and Executive Director, City Planning Division and the City Solicitor, 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 the earlier of condominium registration or first residential use of the building, 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 372 square metres (4,000 square feet) Community Agency Space located on the ground floor and/or mezzanine floor of the building and subject to the following: A. 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; B. 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; C. Prior to conveyance of the Community Agency Space to the City, the owner shall provide a one-time cash contribution in the amount of $600,000 for future capital improvements to the Community Agency Space; D. The cash contribution referred to in Recommendation 6 a. 1. C. 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 Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of the Agreement to the date of payment; and E. 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 the development: 1. That the owner is to provide a privately-owned publicly-accessible space (POPS) as generally shown on Drawing A004 by SvN dated January 25, 2021 with an area of not less than an area of 1,000 square metres to the satisfaction of the Chief Planner and Executive Director, City Planning. Prior to the issuance of final Site Plan Approval, the owner shall convey to the City, for nominal consideration, easement(s) along the surface of the lands, to the satisfaction of the City Solicitor, which shall constitute the POPS and any required public access easements to connect the POPS to adjacent POPS and/or public rights-of-ways, where necessary. The owner shall own, operate, maintain and repair the POPS and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the POPS at all times of the day and night, 365 days of the year; and the specific location, configuration and design of the POPS shall be determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City; 2. That the owner is to provide pet relief areas and pet washing stations as generally shown on Drawings A004, A107 and A112 by SvN dated January 25, 2021 and the specific location, configuration and design shall be determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City to the satisfaction of the Chief Planner and Executive Director, City Planning; 3. That the owner is to provide shower and change facilities as generally shown on Drawing A004 by SvN dated January 25, 2021 and the specific location, configuration and design shall be determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City to the satisfaction of the Chief Planner and Executive Director, City Planning; 4. That the owner will dedicate and construct a portion of a future east-west road with a right-of-way of 9.25 metres on the southern portion of the lot to the satisfaction of the Chief Planner, Executive Director, Planning Division, and General Manager, Transportation Services; 5. That 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 Committee, and as updated by Toronto City Council at its meeting held on December 5, 6 and 7, 2017 through the adoption of item PG23.9 of the Planning and Growth Committee, and as may be further amended by City Council from time to time; 6. That the owner shall implement the mitigation measures identified in the peer reviewed Noise Impact Study and secured in a Site Plan Agreement with the City to the satisfaction of the Chief Planner and Executive Director, City Planning; 7. That the owner shall implement the mitigation measures identified in the peer reviewed Air Quality Study and secured in a Site Plan Agreement with the City to the satisfaction of the Chief Planner and the Executive Director, City Planning; 8. That the owner implements the mitigation measures identified in the Pedestrian Wind Study and addendum dated November 6, 2019 and January 25, 2021 respectively by RWDI, secured in a Site Plan Agreement with the City to the satisfaction of the Chief Planner and the Executive Director, City Planning; 9. That the owner convey a 0.4 metre wide right-of-way extension along The West Mall to the satisfaction to the General Manager, Transportation Services, prior to site plan approval; 10. The owner shall satisfy applicable signage requirements of the Toronto District School Board and the Toronto Catholic District School Board and shall insert warning clauses in purchase and sale/tenancy agreements as required in connection with student accommodation; and 11. 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, 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. 7. 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 375-385 The West Mall, for a permit.

  Clerk’s note

  The Etobicoke York Community Council held a statutory public meeting on October 12, 2021, and notice was given in accordance with the Planning Act.

• 2021-11-09 · Toronto City Council · adopted