Item - 2021.EY24.7

The Etobicoke York Community Council recommends that:

1. City Council direct the City Solicitor, together with appropriate City staff, to attend the Local Planning Appeal Tribunal (LPAT) hearing to oppose the applicant's appeal of the Official Plan and Zoning By-law Amendment application for 2950 and 2970 Lakeshore Boulevard West.

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 to the satisfaction of 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 the LPAT is advised by the City Solicitor that the following conditions have been fulfilled:

a. The proposed Official Plan Amendment and Zoning By-law Amendments are in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. The owner has submitted 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;

c. The owner has submitted a Rental Housing Demolition and Conversion Declaration of Use and Screening Form to confirm whether there are any existing rental units on the subject site, evaluated to the satisfaction of the Chief Planner and Executive Director, City Planning;

d. The owner has submitted revised architectural plans showing:

1.  A minimum of 10% three-bedroom units and a minimum of 15% two-bedrooms units and information regarding unit sizes which meet the objectives of the Growing Up Urban Design Guidelines;

2.  Dimensions for all standard parking spaces which shall comply with the minimum dimensional requirements, as per Section 200.5.1.10 of City of Toronto Bylaw 569-2013, evaluated to the satisfaction of the General Manager of Transportation Services;

3.  Accessible parking spaces provided in accordance with the supply and dimensional requirements in Section 200.15 of City of Toronto Zoning By-law 569-2013, as amended by By-law 579-2017, evaluated to the satisfaction of the General Manager of Transportation Services;

4.  Loading spaces for the proposed mixed-use development provided according to Section 220.5.10 of City of Toronto Zoning Bylaw 569-2013, evaluated to the satisfaction of the General Manager of Transportation Services; and

5.  Each required loading space with the minimum dimensions as per Section 220.5.1.10 of City of Toronto Zoning Bylaw 569-2013, evaluated to the satisfaction of 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 evaluated to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services;

f. 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;

g. 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

h. The owner has submitted a revised Transportation Impact Study and Parking Justification, demonstrating that the requested parking ratios are acceptable, evaluated to the satisfaction of the General Manager of Transportation Services.

4. 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 2950 and 2970 Lakeshore Boulevard West has appealed the Official Plan and 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 Case Management Conference was held on February 26, 2021 and a second Case Management Conference is scheduled for June 22, 2021.

This application proposes to amend the Official Plan and the Zoning By-law for the properties located at 2950 and 2970 Lake Shore Boulevard West to permit a 9-storey mixed-use building with 95 new rental units, 485 m2 of at-grade retail uses and an underground garage with 32 parking spaces.

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 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 Lake Shore Boulevard West as identified in Official Plan policies, Site and Area Specific Policy 21, The Lake Shore Boulevard West Urban Design Guidelines or The Lake Shore Boulevard West Avenue Study (2004).