Etobicoke York Community Council
The full agenda, as filed
All 12 items in the clerk’s order. Each carries the city’s own words: the staff recommendation, what the body decided, and its status. Nothing below is written by us.
EY21.1adopted
5507 and 5509 Dundas Street West - Zoning By-law Amendment Application - Final Report
This application proposes to amend the former City of Etobicoke Zoning Code and City-wide Zoning By-law 569-2013 to permit a 22 storey (21 storey plus mezzanine) 71.3 m in height excluding mechanical penthouse (73.3 m in height including mechanical penthouse) mixed-use building at 5507 and 5509 Dundas Street West. The building would contain 259 residential units and 1,209 m2 of commercial at-grade floor area. The building would have a gross floor area of 21,935 m2, yielding a Floor Space Index of approximately 6.56 times the area of the lot. A total of 183 parking spaces would be provided in three levels of parking. Vehicular access to the below grade parking would be provided via a rear lane which would be subject to a public easement and potential conveyance to the City in the future. The proposal also includes a POPS space at the front of the building with a public art installation and six affordable rental apartment units. The proposed development has regard for matters of Provincial Interest, is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020). The proposed development represents appropriate intensification along Dundas Street West and is consistent with the City Official Plan and Guidelines. This report reviews and recommends approval of the application to amend the Zoning By-laws subject to the owner entering into a Section 37 Agreement and the conditions listed in a Holding Provision. Provided the matters subject to the Holding Provision are addressed, staff are of the opinion the proposed development is appropriate in this location.
The Etobicoke York Community Council recommends that: 1. City Council amend the former City of Etobicoke Zoning Code for the lands at 5507 and 5509 Dundas Street West substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment 6 to the report (December 14, 2020) from the Director, Community Planning, Etobicoke York District. 2. City Council amend City-wide Zoning By-law 569-2013 for the lands at 5507 and 5509 Dundas Street West substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment 7 to the report (December 14, 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-laws 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, including 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: i. Prior to the issuance of the first above-grade building permit, the owner shall make a financial contribution to the City in the amount of one million dollars ($1,000,000) by certified cheque payable to the Treasurer, City of Toronto, to be allocated at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, toward capital improvements for one or more of the following capital improvements within the Ward: A. Islington BIA; B. Etobicoke Centre Six Points Park; C. Etobicoke Civic Centre Library and Community Centre; D. Local non-profit child care facilities; E. Wedgewood Pool; and F. Local park and streetscape improvements. ii. The financial contribution pursuant to Recommendation 4.a.i. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date of execution of the Section 37 Agreement to the date of payment; iii. In the event the financial contribution in Recommendation 4.a.i. above has not been used for the intended purposes within three (3) years of the by-law coming into full force and effect, the contribution may be redirected for another purpose(s), at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose(s) is identified in the Official Plan and will benefit the community in the vicinity of the lands; iv. The owner shall make a Public Art contribution in the amount of five hundred thousand dollars ($500,000) on public art program terms set out in the Section 37 Agreement and to the satisfaction of the Chief Planner and Executive Director, City Planning, which amount shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date of execution of the Section 37 Agreement to the date of issuance of the first above-grade building permit; v. The owner shall provide and maintain at least six (6) affordable rental dwelling units within the proposed mixed-use building on the lot to the satisfaction of the Chief Planner and Executive Director, City Planning; vi. The owner shall provide and maintain the six (6) affordable rental dwelling units as rental dwelling units for at least twenty (20) years, beginning from the date that each such unit is first occupied on terms set out in the Section 37 Agreement. No affordable rental dwelling unit shall be registered as a condominium or any other form of ownership such as life lease or co-ownership which provides a right to exclusive possession of a dwelling unit, and no application for conversion for non-rental housing purposes or to demolish any affordable rental dwelling unit shall be made for at least twenty (20) years from the date of first occupancy. Upon the expiration of the twenty (20) year period, the owner shall continue to provide and maintain the affordable rental dwelling units as rental dwelling units, unless and until such time as the owner has applied for and obtained all approvals necessary to do otherwise; vii. The owner shall provide and maintain the six (6) affordable rental dwelling units in accordance with the following: a) one (1) of the affordable rental dwelling units shall be three-bedroom or larger and shall have a minimum floor area of 111.7 m2; b) two (2) of the affordable rental dwelling units shall be two-bedroom units or larger and shall each have a minimum floor area of at least 87 m2; and c) three (3) of the affordable rental dwelling units shall be one-bedroom units or larger and shall each have a minimum floor area of at least 62.7 m2; viii. The owner shall provide and maintain the six (6) affordable rental dwelling units at affordable rents for at least fifteen (15) years, beginning with the date that each such unit is first occupied, in accordance with the terms set out in the Section 37 Agreement, including: A. The initial rent (inclusive of utilities) charged to tenants upon first occupancy of a new affordable rental dwelling unit shall not exceed the average rent for the same unit type for the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report; B. After the first year of occupancy of a new affordable rental unit, the rent (inclusive of utilities) charged to tenants occupying the new affordable rental unit may be escalated annually by not more than the annual provincial rent guideline, until the tenancy ends; C. Notwithstanding the annual rent increases permitted in subsection viii (a) above, the rent (inclusive of utilities) charged to any tenants occupying an affordable rental dwelling unit shall not be increased to an amount that exceeds the average rent for the same unit type for the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report; and D. If an affordable rental dwelling unit becomes vacant and is re-rented during the 15-year affordability period, the initial rent (inclusive of utilities) charged to new tenants shall be no higher than the average rent for the same unit type for the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report, until the tenancy ends. ix. Tenants of the new affordable rental units shall have access to all indoor and outdoor amenity spaces associated with the mixed-use building on the same basis as other units within the development with no separate or additional charges; x. The location and layouts of the new affordable rental units within the new mixed-use building shall be to the satisfaction of the Chief Planner and Executive Director, City Planning; xi. At least six months in advance of any new affordable rental units within the development being made available for rent to the general public, the owner shall develop and implement a Co-ordinated Access Plan in consultation with, and to the satisfaction, of the Chief Planner and Executive Director, City Planning; and xii. The Co-ordinated Access Plan will provide that: A. Any affordable rental units are provided only to tenant households that have demonstrated, to the satisfaction of the Chief Planner and Executive Director, City Planning, they are in financial need of affordable rental accommodation, as the case may be; B. The owner shall consult with the Chief Planner and Executive Director, City Planning, and offer any affordable rental units to tenant households who have demonstrated need as in A. above and who are on such waiting lists as may be specified, prior to making any affordable rental units available for rent to the general public; and C. The owner shall make reasonable efforts, to the satisfaction of the Chief Planner and Executive Director, City Planning, to ensure, that any accessible rental units are made available for rent to tenant households having one or more household members with special needs, including physical and/or mental limitation; and D. When entering into a tenancy agreement for a new affordable rental unit, the tenant's household income shall not exceed four (4) times the annual equivalent of the rent (inclusive of utilities) for the rental unit; and xiii. The new affordable rental units shall be made ready and available for occupancy no later than the date by which seventy percent (70%) of the new dwelling units erected on the Lands are available and ready for occupancy. b. The following matters are also recommended to be secured in the Section 37 Agreement in support of the development: i. The owner shall construct and maintain, at its own expense, an area of not less than 177 m2 in a plaza on the south and west corner of Dundas Street Wet and Shorncliffe Road, for use by the general public as privately-owned publicly accessible open space (POPS) with the specific location, configuration and design to be determined and secured in the context of site plan approval to the satisfaction of the Chief Planner and Executive Director, City Planning. ii. Prior to the issuance of the first above-grade building permit, building permit, the owner shall prepare all documents and convey, on terms set out in the Section 37 Agreement, an access easement in favour of the City in perpetuity, including support rights as applicable, for public use of the POPS, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor. iii. Prior to issuance of the first above-grade building permit, the owner shall prepare all documents and convey, on terms set out in the Section 37 Agreement, an easement in favour of the City in perpetuity, including support rights as applicable, for public pedestrian and vehicular use of the rear access having a width of not less than 7.5 metres measured from the south property boundary the full width of the site, all to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services and the City Solicitor. Such access easement shall include use associated with properties adjacent to a westerly extension of the rear access to a new proposed public street and fronting onto Dundas Street as well as properties south of such westerly extension, as applicable. iv. The owner shall, at its own expense, construct and maintain the rear access lands, referred to in Recommendation 4.b.iii. above, to the standard required of a public lane to the satisfaction of the General Manager, Transportation Services, with the design, details and configuration to be determined and secured in the context of site plan approval. v. The owner shall provide the City with a right, upon delivery of written notice in the future, to require the fee simple conveyance of the rear access lands referred to in Recommendation 4.b.i.i.i above to the City, all to the satisfaction of the General Manager Transportation Services and the City Solicitor on terms set out in the Section 37 Agreement. The right shall be exercisable at the discretion of the General Manager, Transportation Services, to facilitate a public lane at the rear of properties fronting onto Dundas Street West and extending westerly between Shorncliffe Road and a new proposed street to the west. Upon receipt of such notice, the then owner of the of property shall prepare all documents and convey the rear access lands to the City on a date that is 120 days following the delivery of notice, or a date otherwise determined appropriate by the General Manager, Transportation Services, to the satisfaction of the City Solicitor. Prior to conveyance, and as may be required, the then owner shall assess and remediate the lands being conveyed, in accordance with the most current environmental policies of City Council and reconstruct the rear access as a public lane. vi. Prior to issuance of the first above-grade building permit, the owner shall prepare all documents and convey, on terms set out in the Section 37 Agreement, a pedestrian clearway easement in favour of the City in perpetuity, including support rights as applicable, to achieve a minimum of 2.1 metre public sidewalk for use by the public along the frontages of Dundas Street West and Shorncliffe Road, all to the satisfaction of the General Manager, Transportation Services and the City Solicitor. The details, location and configuration of the pedestrian clearway will be determined and secured in the context of site plan approval and the owner shall construct and maintain the pedestrian clearway easement lands at its own cost and expense. 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 from time to time, to the satisfaction of the Chief Planner and Executive Director, City Planning. viii. 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. ix. 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, all to the satisfaction of the Chief Planner and Executive Director, City Planning: A. In the event that car-share spaces, as defined in the Zoning By-law Amendment, are to be provided, a car-share provider shall be secured to the satisfaction of the General Manager, Transportation Services; B. Implementation of any required air quality and odour mitigation or other recommendations, as detailed in the Air Quality and Odour Assessment (revised January 2020), prepared by RWDI, as may be amended through a peer review process undertaken at the expense of the owner, to the satisfaction of the Chief Planner and Executive Director, City Planning; C. Implementation of any required noise and vibration abatement measures or other recommendations, as detailed in the Noise and Vibration Impact Assessment (revised April 2020), prepared by RWDI, as may be amended through a peer review process undertaken at the expense of the owner to the satisfaction of the Chief Planner and Executive Director, City Planning; D. Construction of a bus platform, stop and shelter on the Shorncliffe Road frontage to the satisfaction of the Toronto Transit Commission; E. Implementation of noise attenuation for the units in proximity to the proposed bus stop as may be recommended by the Toronto Transit Commission, including warning clauses in the associated purchase and sale/tenancy agreements; F. Reconstruction of the City sidewalks to City standards along the frontages of Dundas Street West and Shorncliffe Road, to the satisfaction of the General Manager, Transportation Services; G. Provision of on-site dog-relief facilities, with the location, nature and size of the facilities to be determined through the site plan approval process to the satisfaction of the Chief Planner and Executive Director, City Planning; and H. Incorporation of signage to identify the proposed privately-owned publicly accessible open space (POP) to be located in a plaza on the south and west corner of Dundas Street West and Shorncliffe Road. x. The conveyance of any easement or fee simple interest of lands to the City as contemplated in this Recommendation 4, shall be at no cost to the City, for nominal consideration and free and clear of encumbrances to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning as well as the General Manager, Transportation Services, as the case may be, and the cost of preparation and deposit of accepted reference plans shall also be at the owner's expense.
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council amend the former City of Etobicoke Zoning Code for the lands at 5507 and 5509 Dundas Street West substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment 6 to this report. 2. City Council amend City-wide Zoning By-law 569-2013 for the lands at 5507 and 5509 Dundas Street West substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment 7 to this report. 3. City Council authorize the City Solicitor to make such stylistic and technical changes to the Draft Zoning By-laws 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, including 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: i. Prior to the issuance of the first above-grade building permit, the owner shall make a financial contribution to the City in the amount of one million dollars ($1,000,000) by certified cheque payable to the Treasurer, City of Toronto, to be allocated at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, toward capital improvements for one or more of the following capital improvements within the Ward: A. Islington BIA; B. Etobicoke Centre Six Points Park; C. Etobicoke Civic Centre Library and Community Centre; D. Local non-profit child care facilities; E. Wedgewood Pool; and F. Local park and streetscape improvements. ii. The financial contribution pursuant to Recommendation 4.a.i. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date of execution of the Section 37 Agreement to the date of payment; iii. In the event the financial contribution in Recommendation 4.a.i. above has not been used for the intended purposes within three (3) years of the by-law coming into full force and effect, the contribution may be redirected for another purpose(s), at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose(s) is identified in the Official Plan and will benefit the community in the vicinity of the lands; iv. The owner shall make a Public Art contribution in the amount of five hundred thousand dollars ($500,000) on public art program terms set out in the Section 37 Agreement and to the satisfaction of the Chief Planner and Executive Director, City Planning, which amount shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date of execution of the Section 37 Agreement to the date of issuance of the first above-grade building permit; v. The owner shall provide and maintain at least six (6) affordable rental dwelling units within the proposed mixed-use building on the lot to the satisfaction of the Chief Planner and Executive Director, City Planning Division; vi. The owner shall provide and maintain the six (6) affordable rental dwelling units as rental dwelling units for at least twenty (20) years, beginning from the date that each such unit is first occupied on terms set out in the Section 37 Agreement. No affordable rental dwelling unit shall be registered as a condominium or any other form of ownership such as life lease or co-ownership which provides a right to exclusive possession of a dwelling unit, and no application for conversion for non-rental housing purposes or to demolish any affordable rental dwelling unit shall be made for at least twenty (20) years from the date of first occupancy. Upon the expiration of the twenty (20) year period, the owner shall continue to provide and maintain the affordable rental dwelling units as rental dwelling units, unless and until such time as the owner has applied for and obtained all approvals necessary to do otherwise; vii. The owner shall provide and maintain the six (6) affordable rental dwelling units in accordance with the following: a) one (1) of the affordable rental dwelling units shall be three-bedroom or larger and shall have a minimum floor area of 111.7 m2; b) two (2) of the affordable rental dwelling units shall be two-bedroom units or larger and shall each have a minimum floor area of at least 87 m2; and c) three (3) of the affordable rental dwelling units shall be one-bedroom units or larger and shall each have a minimum floor area of at least 62.7 m2; viii. The owner shall provide and maintain the six (6) affordable rental dwelling units at affordable rents for at least fifteen (15) years, beginning with the date that each such unit is first occupied, in accordance with the terms set out in the Section 37 Agreement, including: A. The initial rent (inclusive of utilities) charged to tenants upon first occupancy of a new affordable rental dwelling unit shall not exceed the average rent for the same unit type for the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report; B. After the first year of occupancy of a new affordable rental unit, the rent (inclusive of utilities) charged to tenants occupying the new affordable rental unit may be escalated annually by not more than the annual provincial rent guideline, until the tenancy ends; C. Notwithstanding the annual rent increases permitted in subsection viii (a) above, the rent (inclusive of utilities) charged to any tenants occupying an affordable rental dwelling unit shall not be increased to an amount that exceeds the average rent for the same unit type for the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report; and D. If an affordable rental dwelling unit becomes vacant and is re-rented during the 15-year affordability period, the initial rent (inclusive of utilities) charged to new tenants shall be no higher than the average rent for the same unit type for the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report, until the tenancy ends. ix. Tenants of the new affordable rental units shall have access to all indoor and outdoor amenity spaces associated with the mixed-use building on the same basis as other units within the development with no separate or additional charges x. The location and layouts of the new affordable rental units within the new mixed-use building shall be to the satisfaction of the Chief Planner and Executive Director, City Planning Division. xi. At least six months in advance of any new affordable rental units within the development being made available for rent to the general public, the owner shall develop and implement a Co-ordinated Access Plan in consultation with, and to the satisfaction, of the Chief Planner and Executive Director, City Planning; and xii. The Co-ordinated Access Plan will provide that: A. Any affordable rental units are provided only to tenant households that have demonstrated, to the satisfaction of the Chief Planner and Executive Director, City Planning, they are in financial need of affordable rental accommodation, as the case may be; B. The owner shall consult with the Chief Planner and Executive Director, City Planning, and offer any affordable rental units to tenant households who have demonstrated need as in A. above and who are on such waiting lists as may be specified, prior to making any affordable rental units available for rent to the general public; and C. The owner shall make reasonable efforts, to the satisfaction of the Chief Planner and Executive Director, City Planning, to ensure, that any accessible rental units are made available for rent to tenant households having one or more household members with special needs, including physical and/or mental limitation; and D. When entering into a tenancy agreement for a new affordable rental unit, the tenant's household income shall not exceed four (4) times the annual equivalent of the rent (inclusive of utilities) for the rental unit; and xiii. The new affordable rental units shall be made ready and available for occupancy no later than the date by which seventy percent (70%) of the new dwelling units erected on the Lands are available and ready for occupancy. b. The following matters are also recommended to be secured in the Section 37 Agreement in support of the development: i. The owner shall construct and maintain, at its own expense, an area of not less than 177 m2 in a plaza on the south and west corner of Dundas Street Wet and Shorncliffe Road, for use by the general public as privately-owned publicly accessible open space (POPS) with the specific location, configuration and design to be determined and secured in the context of site plan approval to the satisfaction of the Chief Planner and Executive Director, City Planning. ii. Prior to the issuance of the first above-grade building permit, building permit, the owner shall prepare all documents and convey, on terms set out in the Section 37 Agreement, an access easement in favour of the City in perpetuity, including support rights as applicable, for public use of the POPS, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor. iii. Prior to issuance of the first above-grade building permit, the owner shall prepare all documents and convey, on terms set out in the Section 37 Agreement, an easement in favour of the City in perpetuity, including support rights as applicable, for public pedestrian and vehicular use of the rear access having a width of not less than 7.5 metres measured from the south property boundary the full width of the site, all to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services and the City Solicitor. Such access easement shall include use associated with properties adjacent to a westerly extension of the rear access to a new proposed public street and fronting onto Dundas Street as well as properties south of such westerly extension, as applicable. iv. The owner shall, at its own expense, construct and maintain the rear access lands, referred to in Recommendation 4.b.iii. above, to the standard required of a public lane to the satisfaction of the General Manager, Transportation Services, with the design, details and configuration to be determined and secured in the context of site plan approval. v. The owner shall provide the City with a right, upon delivery of written notice in the future, to require the fee simple conveyance of the rear access lands referred to in Recommendation 4.b.i.i.i above to the City, all to the satisfaction of the General Manager Transportation Services and the City Solicitor on terms set out in the Section 37 Agreement. The right shall be exercisable at the discretion of the General Manager, Transportation Services, to facilitate a public lane at the rear of properties fronting onto Dundas Street West and extending westerly between Shorncliffe Road and a new proposed street to the west. Upon receipt of such notice, the then owner of the of property shall prepare all documents and convey the rear access lands to the City on a date that is 120 days following the delivery of notice, or a date otherwise determined appropriate by the General Manager, Transportation Services, to the satisfaction of the City Solicitor. Prior to conveyance, and as may be required, the then owner shall assess and remediate the lands being conveyed, in accordance with the most current environmental policies of City Council and reconstruct the rear access as a public lane. vi. Prior to issuance of the first above-grade building permit, the owner shall prepare all documents and convey, on terms set out in the Section 37 Agreement, a pedestrian clearway easement in favour of the City in perpetuity, including support rights as applicable, to achieve a minimum of 2.1 metre public sidewalk for use by the public along the frontages of Dundas Street West and Shorncliffe Road, all to the satisfaction of the General Manager, Transportation Services and the City Solicitor. The details, location and configuration of the pedestrian clearway will be determined and secured in the context of site plan approval and the owner shall construct and maintain the pedestrian clearway easement lands at its own cost and expense. 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 from time to time, to the satisfaction of the Chief Planner and Executive Director, City Planning. viii. 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. ix. 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, all to the satisfaction of the Chief Planner and Executive Director, City Planning: A. In the event that car-share spaces, as defined in the Zoning By-law Amendment, are to be provided, a car-share provider shall be secured to the satisfaction of the General Manager, Transportation Services; B. Implementation of any required air quality and odour mitigation or other recommendations, as detailed in the Air Quality and Odour Assessment (revised January 2020), prepared by RWDI, as may be amended through a peer review process undertaken at the expense of the owner, to the satisfaction of the Chief Planner and Executive Director, City Planning; C. Implementation of any required noise and vibration abatement measures or other recommendations, as detailed in the Noise and Vibration Impact Assessment (revised April 2020), prepared by RWDI, as may be amended through a peer review process undertaken at the expense of the owner to the satisfaction of the Chief Planner and Executive Director, City Planning; D. Construction of a bus platform, stop and shelter on the Shorncliffe Road frontage to the satisfaction of the Toronto Transit Commission; E. Implementation of noise attenuation for the units in proximity to the proposed bus stop as may be recommended by the Toronto Transit Commission, including warning clauses in the associated purchase and sale/tenancy agreements; F. Reconstruction of the City sidewalks to City standards along the frontages of Dundas Street West and Shorncliffe Road, to the satisfaction of the General Manager, Transportation Services; G. Provision of on-site dog-relief facilities, with the location, nature and size of the facilities to be determined through the site plan approval process to the satisfaction of the Chief Planner and Executive Director, City Planning; and H. Incorporation of signage to identify the proposed privately-owned publicly accessible open space (POP) to be located in a plaza on the south and west corner of Dundas Street West and Shorncliffe Road. x. The conveyance of any easement or fee simple interest of lands to the City as contemplated in this Recommendation 4, shall be at no cost to the City, for nominal consideration and free and clear of encumbrances to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning as well as the General Manager, Transportation Services, as the case may be, and the cost of preparation and deposit of accepted reference plans shall also be at the owner's expense.
EY21.2deferred
555 Rexdale Boulevard - Zoning By-law Amendment Application - Final Report
This application proposes to amend the former City of Etobicoke Zoning Code and Site Specific Zoning By-laws 864-2007, 1260-2018 and 1261-2018 to permit a transportation use with ancillary retail store on the lands located at 555 Rexdale Boulevard (Woodbine Racetrack lands). The proposed transportation use would facilitate the provision of future transit facilities such as a new GO Station, proposed to be constructed by Woodbine Entertainment Group (WEG) in partnership with Metrolinx, at the southeast portion of the site adjacent to the rail corridor. The proposed Zoning By-law Amendment is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020). The proposed transportation use is consistent with the policies of the Employment Areas designation of the Official Plan, as well as other relevant policies pertaining to the integration of transportation and land use planning to achieve the overall aim of increasing accessibility throughout the City of Toronto. This report reviews and recommends approval of the application to amend the 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 amendment is appropriate in this location.
The Etobicoke York Community Council: 1. Adjourned the statutory public meeting under the Planning Act for the Zoning By-law Amendment Application for 555 Rexdale Boulevard until the March 3, 2021 meeting of Etobicoke York Community Council and scheduled the item for 9:30 a.m.; 2. Directed the Director, Community Planning, Etobicoke York District along with all other necessary City staff, to continue discussions with the applicant in order to address matters described in the Final Report (December 14, 2020) from the Director, Community Planning, Etobicoke York District including the means of legally and financially securing said matters without the use of a Section 37 Agreement; and 3. Direct the Director, Community Planning, Etobicoke York District to report to the March 3, 2021 meeting of Etobicoke York Community Council on the outcome of City staff's discussions with the applicant regarding matters described in the Final Report (December 14, 2020) from the Director, Community Planning, Etobicoke York District including the means of legally and financially securing said matters without the use of a Section 37 Agreement.
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council amend the former City of Etobicoke Zoning Code, as amended, and Site Specific Zoning By-laws 864-2007, 1260-2018 and 1261-2018 for the lands at 555 Rexdale Boulevard substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment 4 to this report. 2. City Council authorize the City Solicitor to make such stylistic and technical changes to the Draft Zoning By-law Amendment as may be required. 3. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to: a. Submit a revised Traffic Impact Study to the satisfaction of the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning for review and acceptance. b. Enter into and register in priority an agreement with the City pursuant to Section 37 of the Planning Act, to the satisfaction of the City Solicitor, in respect of the following legal conveniences: i. The design and construction of all upgrades or required transportation or road improvements to the existing municipal infrastructure should it be determined that improvements or upgrades are required to support the transportation use and/or facility, and to financially secure same, pursuant to the site plan application approval process for a transportation use and/or facility on the site to the satisfaction of the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning or his or her designate. The upgrades or improvements must be designed and constructed to the applicable City design standards and must comply with the requirements of the Toronto Green Standard Version 3.0 Tier 1; ii. The design and construction of a new public and/or private street including improvements to existing private streets on the site which provide public access to a transportation use and/or facility, all in accordance with City standards and specifications, to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services pursuant to the site plan application approval process for the site, and all such improvements shall be constructed and operational prior to a transportation use and/or facility on the site being operational; iii. Grants of easement in respect of all private streets which provide the public with means of vehicular, pedestrian and cycling access to and egress from a transportation use and/or facility and the existing municipal street network, together with indemnification of the City against all claims related to the use of all private streets subject to grants of easement to the satisfaction of the City Solicitor pursuant to the site plan application approval process; and iv. The provision of Transportation Demand Management measures for the transportation use and/or facility, to the satisfaction of the Chief Planner and Executive Director, City Planning or his or her designate in consultation with the General Manager, Transportation Services pursuant to the site plan application approval process for the site, all of which shall be constructed and operational prior to a transportation use and/or facility on the site being operational.
EY21.3amended
933 - 935 The Queensway - Zoning By-law Amendment Application - Request for Direction Report
The owner of the site at 933-935 The Queensway has appealed the Zoning By-law Amendment application for these lands to the Local Planning Appeal Tribunal (LPAT) citing City Council's failure to make a decision on the application within the time period prescribed under the Planning Act. A second LPAT Case Management Conference is scheduled for March 8, 2021. This application proposes to amend the former City of Etobicoke Zoning Code (Site Specific Zoning By-law No. 514-2003) and City-wide Zoning By-law No. 569-2013 to permit a stepped 16-storey (53.43 m in height, excluding the mechanical penthouse) mixed-use building at 933-935 The Queensway. The proposed building would contain 227 dwelling units, a residential Gross Floor Area of 18,118 m² and a commercial Gross Floor Area of 492 m² at grade for a total density of 6.93 times the area of the lot. The development would include 238 parking spaces in a 4-storey underground parking garage. The purpose of this report is to seek City Council's direction for the City Solicitor and other appropriate City staff to attend the Local Planning Appeal Tribunal hearing to oppose the application, as currently proposed. The proposed development is not consistent with the Provincial Policy Statement (2020) and does not conform with the Growth Plan for the Greater Golden Horseshoe (2020). This report reviews and recommends refusal of the application in its current form with respect to the proposed building typology, building height, massing and density. The proposed building height and density are not in keeping with the existing or planned context for the Avenues area along The Queensway as identified in Official Plan policies, The Queensway Avenue Study, the implementing Zoning By-law nor the Queensway Design Guidelines and Streetscape Improvements.
The Etobicoke York Community Council recommends that: 1. City Council direct the City Solicitor, together with appropriate City staff, and/or retain external consultants, as may be appropriate, to attend the Local Planning Appeal Tribunal (LPAT) hearing to oppose the applicant's appeal of the Zoning By-law Amendment application for 933-935 The Queensway. 2. City Council authorize the City Solicitor and appropriate staff to continue to seek revisions to the proposal and to continue discussions with the applicant in an attempt to resolve the issues outlined in this report satisfactory to the Chief Planner and Executive Director, City Planning and to report back to City Council on the outcome of discussions, if necessary. 3. In the event the LPAT allows the appeal in whole or in part, City Council direct the City Solicitor to request the LPAT to withhold the issuance of any Order(s) on the appeal for the subject lands until: a. The proposed Zoning By-law Amendments are in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor. b. A Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, has been executed and registered on title to the subject lands to the satisfaction of the City Solicitor, securing community benefits to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor, and securing the matters required to support the development outlined in Recommendation 4 below. c. The owner has submitted a revised Functional Servicing Report to determine the stormwater runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development and if upgrades/improvements to the existing municipal infrastructure are required to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services. d. The owner has made satisfactory arrangements with the City and entered into the appropriate financially secured Development Agreement 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 accommodate this development, according to the Functional Servicing Report accepted by the Chief Engineer and Executive Director of Engineering and Construction Services and the Urban Transportation Considerations Report accepted by the General Manager of Transportation Services. e. The owner has provided 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 681. f. The owner has secured any required noise mitigation measures identified in the submitted Noise and Vibration Impact Study, peer reviewed at the owner's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning. The owner shall construct and maintain any required noise mitigation measures, with such design to be secured through the site plan application review process, to the satisfaction of the Chief Planner and Executive Director, City Planning. g. The owner has secured any required mitigation measures identified in the submitted Compatibility/Mitigation Report, peer reviewed at the owner's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning. The owner shall construct and maintain any required mitigation measures, with such design to be secured through the site plan application review process, to the satisfaction of the Chief Planner and Executive Director, City Planning. h. The owner shall submit a detailed wind tunnel test complete with a statistical wind analysis to determine the impacts and efficacy of the recommended wind mitigation measures, evaluated to the satisfaction of the Chief Planner and Executive Director, City Planning. The owner shall construct and maintain any required mitigation measures, to be secured through the site plan application review process, to the satisfaction of the Chief Planner and Executive Director, City Planning. 4. In the event the LPAT allows the appeal in whole or in part, City Council authorize the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act securing the following as matters required to support the development: a. The owner shall enter into a financially secured Development Agreement for the construction of any improvements to the existing municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development. b. 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, 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 Management Committee, and as may be further amended by City Council from time to time. c. The owner shall satisfy the requirements of the Toronto District School Board and the Toronto Catholic District School Board regarding warning clauses and signage with respect to school accommodation issues. d. 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. 5. City Council authorize the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement City Council's decision.
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council direct the City Solicitor, together with appropriate City staff, to attend the Local Planning Appeal Tribunal (LPAT) hearing to oppose the applicant's appeal of the Zoning By-law Amendment application for 933-935 The Queensway. 2. City Council authorize the City Solicitor and appropriate staff to continue to seek revisions to the proposal and to continue discussions with the applicant in an attempt to resolve the issues outlined in this report satisfactory to the Chief Planner and Executive Director, City Planning and to report back to City Council on the outcome of discussions, if necessary. 3. In the event the LPAT allows the appeal in whole or in part, City Council direct the City Solicitor to request the LPAT to withhold the issuance of any Order(s) on the appeal for the subject lands until: a. The proposed Zoning By-law Amendments are in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor. b. A Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, has been executed and registered on title to the subject lands to the satisfaction of the City Solicitor, securing community benefits to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor, and securing the matters required to support the development outlined in Recommendation 4 below. c. The owner has submitted a revised Functional Servicing Report to determine the stormwater runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development and if upgrades/improvements to the existing municipal infrastructure are required to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services. d. The owner has made satisfactory arrangements with the City and entered into the appropriate financially secured Development Agreement 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 accommodate this development, according to the Functional Servicing Report accepted by the Chief Engineer and Executive Director of Engineering and Construction Services and the Urban Transportation Considerations Report accepted by the General Manager of Transportation Services. e. The owner has provided 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 681. f. The owner has secured any required noise mitigation measures identified in the submitted Noise and Vibration Impact Study, peer reviewed at the owner's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning. The owner shall construct and maintain any required noise mitigation measures, with such design to be secured through the site plan application review process, to the satisfaction of the Chief Planner and Executive Director, City Planning. g. The owner has secured any required mitigation measures identified in the submitted Compatibility/Mitigation Report, peer reviewed at the owner's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning. The owner shall construct and maintain any required mitigation measures, with such design to be secured through the site plan application review process, to the satisfaction of the Chief Planner and Executive Director, City Planning. h. The owner shall submit a detailed wind tunnel test complete with a statistical wind analysis to determine the impacts and efficacy of the recommended wind mitigation measures, evaluated to the satisfaction of the Chief Planner and Executive Director, City Planning. The owner shall construct and maintain any required mitigation measures, to be secured through the site plan application review process, to the satisfaction of the Chief Planner and Executive Director, City Planning. 4. In the event the LPAT allows the appeal in whole or in part, City Council authorize the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act securing the following as matters required to support the development: a. The owner shall enter into a financially secured Development Agreement for the construction of any improvements to the existing municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development. b. 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, 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 Management Committee, and as may be further amended by City Council from time to time. c. The owner shall satisfy the requirements of the Toronto District School Board and the Toronto Catholic District School Board regarding warning clauses and signage with respect to school accommodation issues. d. 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. 5. City Council authorize the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement City Council's decision.
EY21.4adopted
This staff report is about a matter that Community Council has delegated authority from City Council to make a final decision. Transportation Services is requesting authorization to formalize the all-way stop control at the intersection of Viking Lane and the access road from southbound Kipling Avenue to St. Albans Road. This intersection is currently signed as being all-way stop controlled, without authorization by Community Council. Based on the assessment undertaken, the authorization of all-way stop control is recommended and should be continued to enhance safety for all road users.
The Etobicoke York Community Council: 1. Authorized all-way compulsory stop control at the intersection of Viking Lane and the access road from southbound Kipling Avenue to St. Albans Road.
Staff recommendation as filed
The Acting Director, Traffic Management, Transportation Services recommends that: 1. Etobicoke York Community Council authorize all-way compulsory stop control at the intersection of Viking Lane and the access road from southbound Kipling Avenue to St. Albans Road.
EY21.5adopted
Exclusive Right-Turn Lane Designation - Mill Road at Markland Drive
As the Toronto Transit Commission (TTC) operates bus service on Mill Road, City Council approval of this report is required. The purpose of this report is to designate the westerly southbound lane on Mill Road, between Markland Drive and a point 30.5 metres north, for southbound right-turns only.
The Etobicoke York Community Council recommends that: 1. City Council designate the westerly southbound lane on Mill Road, between Markland Drive and a point 30.5 metres north, for southbound right-turns only.
Staff recommendation as filed
The Acting Director, Traffic Management, Transportation Services recommends that: 1. City Council designate the westerly southbound lane on Mill Road, between Markland Drive and a point 30.5 metres north, for southbound right-turns only.
EY21.6adopted
Permanent Closure of Portions of Public Highway Lands abutting Dundas Street West and Kipling Avenue
Transportation Services recommends that the portions of highway lands abutting Dundas Street West and Kipling Avenue be permanently closed and operational management of the lands to be transferred to Corporate Real Estate Management in order to complete the City-initiated Six Points Redevelopment Project.
The Etobicoke York Community Council recommends that: 1. City Council authorize the permanent closure of the portions of the public highway lands abutting Dundas Street West and Kipling Avenue, shown as Part 11 and 12 of the R-Plan 66R-30391 (the "Highway"), Attachment 2 to the report (December 14, 2020) from the Director, Transportation Planning and Capital Program, Transportation Services. 2. City Council enact a by-law substantially in the form of the draft by-law attached as Appendix "A", to Attachment 1 to the report (December 14, 2020) from the Director, Transportation Planning and Capital Program, Transportation Services.
Staff recommendation as filed
Transportation Services recommends that: 1. City Council authorize the permanent closure of the portions of the public highway lands abutting Dundas Street West and Kipling Avenue, shown as Part 11 and 12 of the R-Plan 66R-30391 (the "Highway"), Attachment 2 to the report dated December 14, 2020, from the Director, Transportation Planning and Capital Program, Transportation Services. 2. City Council enact a by-law substantially in the form of the draft by-law attached as Appendix "A", to Attachment 1, to the report dated December 14, 2020, from the Director, Transportation Planning and Capital Program, Transportation Services.
EY21.7adopted
Through Highway Designation - Railway Lane
This staff report is about a matter that Community Council has delegated authority from City Council to make a final decision. Transportation Services is recommending that Railway Lane be designated as a through highway, which will require all intersecting streets to stop at Railway Lane. The proposed designation will clearly define the right-of-way and enhance driver and pedestrian safety.
The Etobicoke York Community Council: 1. Designated Railway Lane, from Nickle Street to Victoria Boulevard, as a through highway.
Staff recommendation as filed
The Acting Director, Traffic Management, Transportation Services recommends that: 1. Etobicoke York Community Council designate Railway Lane, from Nickle Street to Victoria Boulevard, as a through highway.
EY21.8adopted
Payment-In-Lieu of Parking - 703 The Queensway
This report seeks City Council's approval to exempt the owner of 703 The Queensway from the parking requirements specified in Site Specific Zoning By-law 514-2003. The site was the subject of Committee of Adjustment Minor Variance Application A0303/20EYK. Under this application, the owner of the property requested approval to permit a parking deficiency for a dental office and two residential dwelling units. In accordance with the October 6, 2020 decision for the above-noted file, the Committee approved the Minor Variance Application on condition that the owner successfully lease off-site parking, provide the City with payment-in-lieu of parking, or a combination of both, to the satisfaction Development Planning and Review, Transportation Services. The owner has chosen not to pursue the option of leasing off-site parking spaces and will proceed only with a payment-in-lieu of parking application. As noted in the above-referenced Committee of Adjustment decision, a minimum of 9 parking spaces are required for the proposed dental office use and 2 parking spaces are required for the proposed dwelling units under Site Specific Zoning By-law 514-2003. However, based on information provided by the owner, the dental office use will perform a very specialized function. Taking into account potential staff expansion, the use will contain a pediatric dentist, a periodontist, an endodontist and an oral surgeon, plus a maximum of 4 support staff and a maximum of 2 patients at any time. The owner further advised that at no point will there be an overlap in specialized dentists at the dental office. On this basis, it would be reasonable to conclude that the dental office use will generate a parking demand of approximately 7 spaces at any point in time. A total of 3 parking spaces will be provided on-site, of which 2 spaces will be exclusively designated for the residential units and 1 space will be designated for the dental office use. Given the demand information provided, the owner submitted a request for Payment-In-Lieu of Parking to the City, which amounts to $30,000, for a parking deficiency of 6 spaces. The parking exemption is considered appropriate since the 6 parking space shortfall will not have a significant impact on parking conditions in the area. Section 40 of the Planning Act grants City Council the authority to approve payment-in-lieu of parking. This application has been made pursuant to the City's Payment-In-Lieu of Parking Policy, as adopted in July 2004. City Council approval is required as this matter has not been delegated.
The Etobicoke York Community Council recommends that: 1. City Council exempt the applicant at 703 The Queensway from the provision of an additional 6 parking spaces on-site in order to satisfy the requirements of Site Specific Zoning By-law 514-2003, subject to a $30,000 payment-in-lieu of parking, provided the applicant signs a Payment-In-Lieu of Parking Agreement with the City, to the satisfaction of the City Solicitor.
Staff recommendation as filed
The Director, Planning and Capital Program, Transportation Services recommends that: 1. City Council exempt the applicant at 703 The Queensway from the provision of an additional 6 parking spaces on-site in order to satisfy the requirements of Site Specific Zoning By-law 514-2003, subject to a $30,000 payment-in-lieu of parking, provided the applicant signs a Payment-In-Lieu of Parking Agreement with the City, to the satisfaction of the City Solicitor.
EY21.9adopted
Re-opening Item EY14.8: All-Way Stop Control - Thurodale Avenue and Duckworth Street
At its meeting held on March 12, 2020 Etobicoke York Community Council adopted the recommendations in Item EY14.8 made by staff at Transportation Services to not authorize an all-way stop control at the intersection of Thurodale Avenue and Duckworth Street. Subsequently, residents in the area of Thurodale Avenue and Duckworth Street collected a signed petition with signatures from seventeen households in the immediate area to show support in the implementation of the all-way stop at this location. Residents voiced concerns with speeding in the area and safety concerns for pedestrians and feel that an all-way stop would help address these concerns.
The Etobicoke York Community Council: 1. Deleted Part 1 of the Etobicoke Community Council decision on Item EY14.8 and adopted the following: 1. Authorized the installation of All-Way Stop Control at the intersection of Thurodale Avenue and Duckworth Street.
Staff recommendation as filed
Councillor Frances Nunziata recommends that the Etobicoke York Community Council: 1. Re-open item EY14.8, titled "All-Way Stop Control - Thurodale Avenue and Duckworth Street". 2. Delete Part 1 of the Etobicoke Community Council decision on Item EY14.8 and adopt the following: "1. Authorize the installation of All-Way Stop Control at the intersection of Thurodale Avenue and Duckworth Street."
EY21.10adopted
Implementation of Permit Parking on Silverthorn Avenue, between Kenora Cresent and Aileen Avenue
At its meeting of December 16, 2020, City Council approved an exemption for the implementation of permit parking on Silverthorn Avenue, between Kenora Crescent and Aileen Avenue from the requirements of subsection 925-4B of City of Toronto Municipal Code Chapter 925, Permit Parking. Silverthorn Avenue, between Kenora Crescent and Aileen Avenue is presently not licensed for permit parking. Adding this block of Silverthorn Avenue to the permit parking program would allow residents to obtain a residential on-street parking permit and provide them with the ability to legally park overnight.
The Etobicoke York Community Council: 1. Amended Schedule A of City of Toronto Municipal Code, Chapter 925, Permit Parking, to incorporate Silverthorn Avenue, between Kenora Crescent and Aileen Avenue, on a street name basis, under the operating hours of 12:01 a.m. to 6:00 a.m., 7 days a week.
Staff recommendation as filed
Councillor Frances Nunziata recommends that: 1. Etobicoke York Community Council amend Schedule A of City of Toronto Municipal Code, Chapter 925, Permit Parking, to incorporate Silverthorn Avenue, between Kenora Crescent and Aileen Avenue, on a street name basis, under the operating hours of 12:01 a.m. to 6:00 a.m., 7 days a week.
EY21.11adopted
18 Herne Hill - Request for City Solicitor to Attend at the Toronto Local Appeal Body
On August 27, 2020, the Committee of Adjustment (the "Committee") approved a Minor Variance application brought by the owners of 18 Herne Hill for the following variances: gross floor area, front yard setback, side yard setback, maximum height for a flat roof dwelling, and front yard stairs (the "Application"). The Application proposed to construct a new detached dwelling with an attached garage. A copy of the Committee's decision is attached. In a report from the Supervisor, Tree Protection and Plan Review, dated August 13, 2020, Urban Forestry Staff opposed the following variance: gross floor area. A copy of the Urban Forestry report is attached. Urban Forestry Staff opined that the approval of the gross floor area variance will result in the injury of one privately owned healthy by-law protected Heritage Tree. Urban Forestry staff also stated that the Official Plan contains policies specifically intended to ensure the protection, preservation and enhancement of trees. On September 15, 2020, a resident appealed the Committee's decision to approve the Application to the Toronto Local Appeal Body (the "TLAB"). The TLAB has issued a notice of hearing for this file and the deadline for the City to elect to be a party in this matter is February 3, 2021.
The Etobicoke York Community Council recommends that: 1. City Council authorize the City Solicitor and appropriate City Staff to attend at the Toronto Local Appeal Body hearing to oppose the Minor Variance application requested in Application No. A0132/20EYK, respecting 18 Herne Hill. 2. City Council authorize the City Solicitor to negotiate a resolution of the appeal of the decision in Application No. A0132/20EYK respecting 18 Herne Hill and authorize the City Solicitor to settle the matter on behalf of the City at her discretion after consultation with the Ward Councillor, with the Director of Community Planning, Etobicoke York District, and with the Supervisor, Tree Protection and Plan Review, Etobicoke York District.
Staff recommendation as filed
Councillor Stephen Holyday recommends that: 1. City Council authorize the City Solicitor and appropriate City Staff to attend at the Toronto Local Appeal Body hearing to oppose the Minor Variance application requested in Application No. A0132/20EYK, respecting 18 Herne Hill. 2. City Council authorize the City Solicitor to negotiate a resolution of the appeal of the decision in Application No. A0132/20EYK respecting 18 Herne Hill and authorize the City Solicitor to settle the matter on behalf of the City at her discretion after consultation with the Ward Councillor, with the Director of Community Planning, Etobicoke York District, and with the Supervisor, Tree Protection and Plan Review, Etobicoke York District.
EY21.12adopted
Introduction and consideration of Bills for enactment of By-laws.
General Bills Etobicoke York Community Council enacted By-laws 2-2021 to 4-2021. Confirmatory Bill Etobicoke York Community Council passed a Confirmatory Bill as By-law 5-2021.