Item - 2021.EY21.3

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.

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.