Item - 2019.EY11.1

Etobicoke York Community Council recommends that:

1. City Council amend the former City of Etobicoke Zoning Code for the lands at 225 Birmingham Street substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment No. 6 to the report (November 28, 2019) from the Director, Community Planning, Etobicoke York District. 

2. City Council amend City of Toronto Zoning By-law No. 569-2013 for the lands at 225 Birmingham Street substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment No. 7 to the report (November 28, 2019) 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-law Amendments as may be required.

4. Before introducing the necessary Bills to City Council for enactment, require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:

a. Prior to the issuance of the first above-grade building permit, the owner shall provide a cash contribution of $3,000,000.00 towards the relocation of the cenotaph currently located at 150 Eighth Street; improvements to the Franklin Horner Community Centre; and park improvements within Ward 3 in the vicinity of the site, such amount to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto for the period from the date of the execution of the Section 37 Agreement to the date of the payment;

b. In the event the cash contribution referred to in 4(a) above has not been used for the intended purposes within three (3) years of the By-laws coming into 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 is identified in the Toronto Official Plan and will benefit the community in Ward 3; and

c. The following matters are recommended to be secured in the Section 37 Agreement as a legal convenience to support development:

i. prior to the issuance of Notice of Approval Conditions for the concurrent Site Plan Control application, the owner shall complete a peer review of the submitted Noise Feasibility Study by a third party peer reviewer retained by the City of Toronto, but paid by the owner, to the satisfaction of the Chief Planner and Executive Director, City Planning, and provide certification from the applicant's noise consultant that all recommended mitigation measures have been incorporated into the drawings submitted for Site Plan Approval;

ii. prior to the issuance of Notice of Approval Conditions for the concurrent Site Plan Control application, the owner shall complete a peer review of the submitted Air Quality Study by a third party peer reviewer retained by the City of Toronto, to the satisfaction of the Chief Planner and Executive Director, City Planning, and provide certification from the applicant's air quality consultant that all recommended mitigation measures have been incorporated into the drawings submitted for Site Plan Approval; and

iii. 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, as further amended by City Council from time to time.

iv. The owner shall construct the retail, office and service commercial building in 'Block A' identified on both Schedule B and Diagram 4 of the attached Draft Zoning By-law Amendments prior to or in conjunction with the construction of the residential uses in Area 'B' identified on Schedule B and Diagram 4 of the attached Draft Zoning By-law Amendments.

5.  City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation. The development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

6. Prior to introducing the necessary Bills to City Council for enactment, City Council require the owner to:

a. Submit a revised Functional Servicing Report to the satisfaction of the Executive Director of Engineering and Construction Services.

b. Enter into a financially secured agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades  are required to support the development, according to the Functional Servicing Report accepted by the Executive Director of Engineering and Construction Services.

c. Provide 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 681-10.

7. City Council require that within the lands municipally known as 225 Birmingham Street in the year 2019, no person shall obtain an above-grade building permit unless the following provisions are complied with:

a. All new public roads have been constructed to a minimum base curb and base asphalt and are connected to an existing public highway; and

b. All water mains and sanitary sewers and appropriate appurtenances, have been installed and are operational.

8. In accordance with the delegated approval under By-law 229-2000, as amended, City Council be advised that the Chief Planner and Executive Director, City Planning intends to approve the Draft Plan of Subdivision as generally illustrated on Attachment No.10 to the report (November 28, 2019) from the Director, Community Planning, Etobicoke York District, subject to:

a. The conditions as generally listed in Attachment No. 8 to the report (November 28, 2019) from the Director, Community Planning, Etobicoke York District, which except as otherwise noted, must be fulfilled prior final approval and the release of the Plan of Subdivision for registration; and

b. Any such revisions to the proposed subdivision plan or any such additional modified conditions as the Chief Planner and Executive Director, City Planning may deem appropriate to address matters arising from the on-going technical review of this development.

Etobicoke York Community Council held a statutory public meeting on December 3, 2019, and notice was given in accordance with the Planning Act.

The Zoning By-law Amendment application proposes to amend both the former City of Etobicoke Zoning Code and City-wide Zoning By-law No. 569-2013 to permit a 200 unit stacked townhouse development and a 2-storey non-residential building containing 557 m2 of non-residential gross floor area. The application proposes a 2,729 m2 public park along the east property line that would front onto a new Twelfth Street extension. The proposal would facilitate the construction of the Twelfth Street extension between its current northerly terminus to Birmingham Street, which would improve connectivity within the surrounding area. An application for Draft Plan of Subdivision approval is required to create the new public street, the public park block and the development block for the townhouses.

The proposed development is consistent with the Provincial Policy Statement (2014) and conforms with the Growth Plan for the Greater Golden Horseshoe (2019). The proposal is consistent with the policies of the Mixed Use Areas and Apartment Neighbourhoods designations applying to the site, as well as other relevant policies pertaining to built form, public realm and transportation. The proposal respects and reinforces the existing built form context of the surrounding area.

This report reviews and recommends approval of the application to amend the Zoning By-law and also advises that the Chief Planner may approve the Draft Plan of Subdivision.