Item - 2021.EY22.2

The Etobicoke York Community Council recommends that:

1. City Council amend former City of North York Zoning By-law 7625 for the lands at 2839 Jane Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (February 4, 2021) from the Acting Director, Community Planning, Etobicoke York District.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 2839 Jane Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (February 4, 2021) from the Acting 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, City Council 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, and register the Section 37 Agreement on title to the subject site in a manner satisfactory to the City Solicitor, to secure the following community benefits at the owner's expense:

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 for the site, the owner shall make a cash contribution to the City in the amount of six hundred thousand dollars ($600,000) to be directed towards the provision of community services and facilities, parkland improvements and/or public realm improvements in the vicinity of the site to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

ii. The cash contribution referred to in Recommendation 4.a. i. above shall be indexed upwardly in accordance with the Statistics Canada Construction Price Index for the Toronto Census Metropolitan Area, or its successor, calculated from the date of execution of the Section 37 Agreement to the date the owner makes payment to the City; and

iii. In the event the cash contribution referred to in Recommendation 4.a.i. above has not been used for its intended purposes within three (3) years of the Zoning By-law Amendments coming into full 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 Humber River-Black Creek (Ward 7).

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

i. The owner shall construct and maintain the development of the site in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council from time to time, and the owner will be encouraged to achieve Toronto Green Standard, Tier 2 or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for the building on the site.

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

The applicant has proposed an amendment to City-wide Zoning By-law 569-2013 and former City of North York Zoning By-law 7625 to permit a 13-storey mixed-use building at 2839 Jane Street. The proposed development would incorporate 9 commercial units on the ground floor and 190 residential units above. The top floor would consist of the mechanical penthouse enclosed with indoor and outdoor rooftop amenity space. The proposed development would have a maximum height of 42.2 metres, including the mechanical penthouse and amenity area, and a gross floor area of 14,049 square metres. The Floor Space Index of the proposed development would be 3.83 times the lot area. A total of 250 vehicular parking spaces are proposed, including 17 commercial spaces and 40 visitor spaces. Most of the parking is proposed to be in a 3 level underground garage. A total of 158 bicycle parking spaces are proposed.

The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with the A Place to Grow: A Growth Plan for the Greater Golden Horseshoe (2020). The proposal is compatible with the policies of the Official Plan and is appropriate for the site.

Staff have reviewed the proposal and recommend approval of the application to amend the Zoning By-laws, subject to the conditions outlined in this report.