340 Mill Road - Zoning By-law Amendment Application - Final Report

Considered

• 2022-02-24 · 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, as amended by Zoning By-law 1993-84, for the lands at 340 Mill Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (February 4, 2022) from the Director, Community Planning, Etobicoke York District. 2. City Council amend city-wide Zoning By-law 569-2013 for the lands at 340 Mill Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (February 4, 2022) from the 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, City Council require the following: a. The owner shall submit to the General Manager of Transportation Services, for review and acceptance, a revised Transportation Impact Study addressing the outstanding concerns in their memo dated September 3, 2021 or as may be updated in response to further submission(s) filed by the owner, to the satisfaction of the General Manager of Transportation Services. b. The owner shall address all outstanding issues raised by Engineering and Construction Services as they relate to the Zoning By-law Amendment application as set out in their memo dated September 3, 2021 or as may be updated in response to further submission(s) filed by the owner, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services. c. The owner shall make satisfactory arrangements with Engineering and Construction Services and enter into the appropriate agreement(s) 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 this development, according to the accepted Functional Servicing Report and Traffic Impact Study accepted by the Chief Engineer and Executive Director of Engineering and Construction Services. 5. 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 (the "Section 37 Agreement"), which shall include provisions for indemnity, insurance, financial security, maintenance, HST, and indexing, as applicable, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, as follows: a. The community benefits recommended to be secured in the Section 37 Agreement are as follows: 1. Prior to the issuance of the first above-grade building permit for the Site, the owner shall make a cash contribution to the City in the amount of one million and five hundred thousand dollars ($1,500,000), payable to the Treasurer, City of Toronto, for the provision of parkland improvements at Centennial Park and/or the provision of connecting cycling infrastructure along Burnhamthorpe Road from Etobicoke Creek to Mill Road, to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager of Parks, Forestry and Recreation, in consultation with the Ward Councillor. 2. The cash contribution referred to in Recommendation 5.a.1. above shall be indexed from the date of execution of the Section 37 Agreement to the date the owner makes the payment to the City using the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area. 3. In the event the cash contribution referred to in Recommendation 5.a.1. above has not been used for its intended purposes within three years of the Zoning By-law Amendments 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 of the contribution is identified in the Toronto Official Plan and the contribution will benefit the community in the vicinity of the Site. b. The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development: 1. The owner shall continue to provide and maintain the existing 225 rental dwelling units at 340 Mill Road as rental housing, together with the new and retained associated facilities and amenities of the residential rental property, for a period of at least 20 years commencing from the date the Zoning By-law Amendments come into force and effect, with no applications for demolition or conversion to condominium ownership or from residential rental use during such 20-year period, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor. 2. The owner shall provide tenants of all 225 existing rental dwelling units at 340 Mill Road with access to, and use of, all indoor and outdoor amenities in the proposed development at no extra charge, and on the same terms and conditions as any other resident of the development, without the need to pre-book or pay a fee unless specifically required as a customary practice for private bookings. 3. The owner shall provide, at its sole expense and at no cost to tenants, improvements to the existing rental housing at 340 Mill Road, taking into account feedback obtained through a tenant survey, as follows: a. Prior to the issuance of the first above-grade building permit for the new residential building: 1. provide the City with a Letter of Credit in the amount of eight hundred thousand dollars ($800,000) to secure the full replacement of the windows and balcony doors of the existing rental building at 340 Mill Road within two years of first occupancy of the development, with any additional costs necessary to complete the window and balcony door replacement borne solely by the owner. For clarity, the owner shall complete the replacement of all windows and balcony doors of the existing building and cover any and all costs over and above the eight hundred thousand dollars ($800,000) within two years of the date the first residential unit in the new building is occupied; 2. submit to the City a construction schedule and specifications of the replacement windows and balcony doors secured by the Letter of Credit referred to in Recommendation 5.b.3.a.1 above, and such schedule and specifications shall be developed by a qualified contractor with expertise in residential window installation services. Any revisions to the window and balcony door construction schedule and specifications shall be to the satisfaction of the Chief Planner and Executive Director, City Planning; 3. construct a new gymnasium, or renovate and undertake improvements to the existing gymnasium, and provide new gymnasium equipment within the existing rental building at 340 Mill Road; and 4. undertake improvements to the existing laundry room in the existing rental building at 340 Mill Road, including the provision of a new television and seating area, new folding tables, and one or more oversized laundry machines. b. Prior to occupancy of any new residential units: 1. provide a new outdoor barbeque and seating area with a gazebo within a reasonable and accessible vicinity of the entrance of the existing rental building at 340 Mill Road. The location, layout, and specifications of the new outdoor barbeque and seating area and gazebo shall be developed and approved through the site plan review process, to the satisfaction of the Chief Planner and Executive Director, City Planning. c. Prior to the issuance of Notice of Approval Conditions for site 1. provide plans showing the location, layout, and specifications of the gymnasium and laundry area improvements referred to in recommendation 5.b.3.a.3. and 4. above, to the satisfaction of the Chief Planner and Executive Director, City Planning; and 2. The owner shall submit a Construction Mitigation Strategy and Tenant Communication Plan as part of a Construction Management Plan to mitigate the impacts of construction of the development on tenants of the existing rental building at 340 Mill Road and on nearby properties, to the satisfaction of the Chief Planner and Executive Director, City Planning and in consultation with the Ward Councillor. The Construction Mitigation Strategy is to include an interim parking plan for residents. 3. The costs associated with the provision and maintenance of the rental housing improvements and Construction Mitigation Strategy and Tenant Communication Plan required in Recommendations 5.b.3.a through 5.b.3.c. above shall not be passed on to tenants of the existing rental building at 340 Mill Road in any form. For clarity, the owner shall be prevented from applying to the Landlord and Tenant Board, or any successor tribunal with jurisdiction to hear applications made under the legislation governing residential tenancies in Ontario, for an above-guideline increase in rent to recover expenses incurred in completing the rental housing improvements in Recommendations 5.b.3.a.1. through 5.b.3.b.2. above. 4. 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 from time to time, to the satisfaction of the Chief Planner and Executive Director, City Planning. The owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, and consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for the development. 5. 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. 6. The owner shall, at its own expense, address the following matters in any application for site plan approval for the development, which shall be determined and secured in a Site Plan Agreement with the City, as applicable: a. Implementation of any required noise and vibration abatement measures or other recommendations, as detailed in the Noise Feasibility Study prepared by HGC Engineering and dated May 27, 2019, to the satisfaction of the Chief Planner and Executive Director, City Planning; b. Implementation of the mitigation measures identified in the Pedestrian Wind Study and addendum prepared by RWDI and dated August 12, 2020 and January 12, 2021, respectively, to the satisfaction of the Chief Planner and the Executive Director, City Planning; c. Reconstruction of the City sidewalks to City standards along the frontages of Mill Road and Burnhamthorpe Road, to the satisfaction of the General Manager, Transportation Services; and d. Provision of on-site dog-relief facilities, with the location, nature, and size of the facilities to be determined through the site plan review process, to the satisfaction of the Chief Planner and Executive Director, City Planning. 7. Prior to final site plan approval, the owner shall prepare all documents and convey, on terms set out in the Section 37 Agreement, a 0.4-metre strip of land along the Mill Road frontage of the Site for road widening, to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the City Solicitor, all as generally shown on the Site Plan (Drawing Number A101.S dated February 1, 2021); 8. Prior to final site plan approval, the owner shall prepare a ravine stewardship plan for the lands above the staked top-of-bank line, including lands being conveyed to public ownership, and provide the City with a Letter of Credit to secure the implementation of such ravine stewardship plan, all to the satisfaction of the Toronto and Region Conservation Authority and Parks, Forestry and Recreation, Urban Forestry, Ravine and Natural Feature Protection; and 9. Prior to final site plan approval the owner shall convey to public ownership, for nominal consideration, the lands generally within the required 10-metre setback from the long-term stable top-of-bank line as shown on the Site Plan (Drawing Number A101.S dated February 1, 2021), having an area of approximately 1,908 square metres, to the satisfaction of the General Manager, Parks, Forestry and Recreation and in accordance with the terms set out in the Section 37 Agreement. Prior to application for residential occupancy, the owner shall implement a ravine stewardship plan to the satisfaction of the General Manager, Parks, Forestry and Recreation and in accordance with the conditions as set out in the Site Plan Agreement. 6. 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 340 Mill Road, for a permit.

  Clerk’s note

  The Etobicoke York Community Council held a statutory public meeting on February 24, 2022, and notice was given in accordance with the Planning Act.

• 2022-03-09 · Toronto City Council · adopted