Item - 2013.EY24.1

City Council on June 11, 12 and 13, 2013, adopted the following:

1.         City Council refuse the application for Zoning By-law Amendment at 259 and 270 The Kingsway and 1144 Royal York Road as the proposal is not in keeping with the character of the neighbourhood, and would create a negative precedent in the area.

2.         City Council authorize the City Solicitor to retain outside consultants and appear before the Ontario Municipal Board in support of City Council's decision to refuse the application, in the event that the application is appealed to the Ontario Municipal Board.

3.         City Council state that the resolution adopted by the Etobicoke York Community Council at its meeting on May 15, 2012, (Item EY16.2) requesting City Planning staff to consider alternative development concepts that may provide a more compatible relationship between the redevelopment and the surrounding community in terms of height, density, land use mix, traffic impact and overall urban design, was not evident in the report (April 26, 2013) from the Director, Community Planning, Etobicoke York District, headed "Final Report - 259 and 270 The Kingsway and 1144 Royal York Road - Zoning By-law Amendment Application.

4.         City Council note that an application has now been filed for lands adjacent to the Humbertown Shopping Centre site by the Elia Corporation for 289-291 The Kingsway and 1, 3, 5 and 7 St. Stevens Court, to permit an additional 6 buildings, of up to 16 storeys in height, and comprising another 606 units in 49,553 square metres (533,402 square feet) of gross floor area.  Both applications, if approved, would increase the unit count in the area to 1,210 units, with 102,612 square metres (1,104,543 square feet) of residential floor area, as well as 21,837 square metres (235,059 square feet) of retail commercial floor area.

5.         City Council fully consider the proposed redevelopment of the Humbertown Shopping Centre and the apartments on The Kingsway/St. Stevens Court, both singularly and in combination, to represent "significant intensification of land adjacent to a neighbourhood and an apartment neighbourhood" which qualifies for the imposition of a comprehensive Secondary Plan process under Sections 2.3.1.3 and 5.2.1.2 of the Official Plan.

6.         City Council direct the Chief Planner and Executive Director, City Planning, to initiate a Secondary Plan process covering all of the mixed use and apartment neighbourhood lands in the vicinity of the Humbertown Shopping Centre, and a further report be submitted by Planning staff to the September 10, 2013 meeting of the Etobicoke York Community Council setting out a work plan, budget, and schedule for completing such a review. 

7.         Should the Ontario Municipal Board choose to approve the proposal, City Council instruct the City Solicitor to request the Board to implement the following conditions of approval:

            I.          Require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor, such agreement to be registered on title to secure the following facilities, services and matters from the owner at its expense:

                        A.        A cash contribution of $2,500,000 to be paid to the City prior to the issuance of the first above-grade building permit, to be allocated generally as follows:

                                    i.          $1,300,000 for capital improvements to Humber Valley Park and Humber Valley Arena and Ice Rink; and

                                    ii.         Provide and maintain works of public art within the lands, or provide cash in lieu thereof, of a value not less than $1,200,000, implemented under the City’s Public Art Program.

                        B.        Require that the cash amounts identified in Part 7. I.A. above shall be indexed annually in accordance with the Non-Residential Construction Price Index for the Toronto CMA, reported quarterly by Statistics Canada in Construction Price Statistics Publication No. 62-007-XPB, or its successor, calculated from the date of execution of the Section 37 Agreement to the date of submission of the funds by the owner to the City.

                        As a legal convenience, the following matters should be secured in the Section 37 Agreement:

                        C.        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.

                        D.        The owner shall, at its expense complete the following transportation improvements, including satisfactory detailed functional and engineering design drawings, cost estimates, financial guarantees, engineering and inspection fees, and insurance to the satisfaction of the Executive Director, Engineering and Construction Services, specifically:

                                    Royal York Road

                                    a.         reconstruct the full width of Royal York Road, from a point 25 metres north of the north limit of Ashley Road, to Royal York Court, within two years of project build-out.

                                    Ashley Road/The Kingsway

                                    b.         reconstruct the full width of The Kingsway, from a point 25 metres north of the north limit of Ashley Road, to the south limit of Lambeth Road, within two years of project build-out.

                                    c.         provide the City with a certified cheque in the amount of $300,000 to cover the City’s costs of undertaking an environmental assessment, if required, for the proposed widening of Ashley Road from two lanes to four, such monies to be returned if an environmental assessment is not necessary.  If an environmental assessment is required, any unspent portion of this amount is to be returned.

                                    d.         provide a detailed design, financial securities, and construct the pavement widening on Ashley Road, between Royal York Road and The Kingsway.

                                    e.         provide the City with a certified cheque in the amount of $500,000 for the installation of traffic control signals, excluding any required intersection improvements that would be required at the owner’s additional expense, at the intersection of Ashley Road/Royal York Road, and the possible future signalization of Ashley Road/The Kingsway, following signal warrant studies to be conducted by the applicant within two years of project build-out.

                                    f.          design and construct a separate left turn storage lane at the north approach to The Kingsway/Ashley Road intersection with a 70 metre storage lane length and a 15 metre transition taper, and a separate left turn storage lane at the south intersection approach with a 20 metre storage lane length and a 15 metre transition taper.

                                    Lambeth Road

                                    g.         reconstruct the full width of Lambeth Road, from Royal York Road to a point 25 metres north of the existing north plaza entrance on Lambeth Road, within two years of project build-out.

                                    h.         provide a detailed design, financial securities, and construct the realignment of the Lambeth Road and The Kingsway intersection, including the introduction of an auxiliary left turn storage lane at the north intersection approach, providing a 25 metre storage lane length and a 15 metre transition taper.

                                    The Kingsway

                                    i.          provide the City with a certified cheque in the amount of $250,000, excluding any intersection improvements that would be required at the owner’s additional expense, for the installation of a pedestrian activated traffic signal at The Kingsway/Private Street B intersection following a warrant study to be conducted by the applicant within two years of project build-out.

                                    Humber Valley Neighbourhood

                                    j.          provide the City with a certified cheque in the amount of $100,000 to cover the City’s cost of introducing traffic calming measures in the area bordered by Islington Avenue to the west, Dundas Street West to the south, Royal York Road to the east, and The Kingsway/Edenbridge Drive to the north.

            II.        Require the owner to enter into an Agreement pursuant to Section 114 of the City of Toronto Act and Section 41 of the Planning Act satisfactory of the Chief Planner and Executive Director, City Planning, and the City Solicitor, such agreement to be registered on title to secure the following facilities, services and matters from the owner at its expense:

                        A.        Prior to Site Plan approval pursuant to Section 114 of the City of Toronto Act, the owner shall provide a Construction Management Plan at its expense to the satisfaction of the Director, Engineering and Construction Services.

                        B.        Prior to Site Plan approval pursuant to Section 114 of the City of Toronto Act, the owner shall agree to provisions regarding environmental sustainability, wind mitigation, municipal services and street tree irrigation.

                        C.        The owner shall satisfy the requirements of the Toronto District School Board regarding warning clauses in purchase agreements and site signage.

                        D.        Prior to Site Plan approval, the owner shall provide the City with a certified cheque in the amount of $140,000 to be used to implement signal priority for Toronto Transit Commission buses at existing signalized intersections and at the proposed signalized intersection of Royal York Road and Ashley Road to the satisfaction of the Toronto Transit Commission and Executive Director, Engineering and Construction Services.

                        E.         Prior to Site Plan approval, the owner shall provide the City with a certified cheque in the amount of $72,000 to cover the City’s costs of relocating existing bus shelters and street furniture in the vicinity of the subject site.