Item - 2021.EY22.1

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 May 17, 2021, meeting of Etobicoke York Community Council and schedule 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) and Supplementary Report (February 26, 2021); and

3. Requested the Director, Community Planning, Etobicoke York District to file a further report to the May 17, 2021, meeting of Etobicoke York Community Council, if necessary, on the outcome of discussions with the applicant.

The Etobicoke York Community Council commenced a statutory public meeting on January 8, 2021 that continued on March 3, 2021 and notice was given in accordance with the Planning Act.

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.

At its meeting of January 8, 2021, Etobicoke York Community Council (EYCC) adjourned and deferred consideration of the staff report dated December 14, 2020 from the Director, Community Planning, Etobicoke York District (Item EY21.2) to the March 3, 2021 Etobicoke York Community Council. EYCC also directed the Director, Community Planning, Etobicoke York District to continue discussions with the applicant and provide the outcome of the discussions to address matters described in the staff report dated December 14, 2020, including the means of legally and financially securing matters without the use of a Section 37 Agreement, and provide the outcome in a Supplementary Report for the continuation of the statutory meeting on March 3, 2021.  

This report outlines options and alternatives of legally and financially securing transportation infrastructure improvements/matters without the use of a Section 37 Agreement. It also provides an analysis of the benefits, challenges and potential risks associated with the individual options. This report was prepared in consultation with the City Solicitor and the Chief Financial Officer and Treasurer.

Of the options identified in this report, staff continue to recommend the use of a Section 37 Agreement as the preferred way to secure the provision of off-site transportation improvements and public access to a future transit facility. As an alternative, any attempt to secure these matters solely pursuant to the approval of a Site Plan Control application, particularly those matters which may be considered "off-site", may expose the City to financial risk. As the applicant did not provide an analysis to support their consultant's transportation improvements, the true financial costs are unknown at this time. It is not standard City practice to use a Site Plan Control application to secure these matters or for the City to take on potential risks from private entities who may dispute what improvements are required to support their developments.