Item - 2021.EY25.1

The Etobicoke York Community Council recommends that:

1. City Council amend the former City of Etobicoke Zoning Code for the lands at 4620 Eglinton Avenue West and 250 Wincott Drive substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (March 31, 2021) from the Acting Director, Community Planning, Etobicoke York District, subject to the following revisions:

a.  The permitted heights of building A and building B be reduced by 6 metres and 2 storeys;

b. There be no regulation of the number of stories of Building C, but the metric height will remain the same;

c. The height of the mechanical penthouse for all buildings will be limited to a maximum of 6m;

d. On Buildings B and C indoor amenity space may be included in the mechanical penthouse provided that the size of the indoor amenity space and the projection does not exceed that depicted in in plans filed with City Planning dated October 26, 2020.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 4620 Eglinton Avenue West and 250 Wincott Drive substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to the report (March 31, 2021) from the Acting Director, Community Planning, Etobicoke York District, subject to the following revisions:

a. The permitted heights of building A and building B be reduced by 6 metres and 2 storeys;

b. There be no regulation of the number of stories of Building C, but the metric height will remain the same;

c. The height of the mechanical penthouse for all buildings will be limited to a maximum of 6m;

d. On Buildings B and C indoor amenity space may be included in the mechanical penthouse provided that the size of the indoor amenity space and the projection does not exceed that depicted in in plans filed with City Planning dated October 26, 2020.

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. City Council approve, at the Owner's expense, the installation of new traffic control signals at the future intersection of Wincott Drive and Waterford Drive/Southerly Site Access Driveway, to the satisfaction of the General Manager, Transportation Services.

5. 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. The community benefits recommended to be secured in the Section 37 Agreement are as follows:

i. The Owner shall design and construct fifty-four (54) affordable rental dwelling units comprising 4,183 m2 of residential Gross Floor Area within an approved development at 4620 Eglinton Avenue West and 250 Wincott Drive, with any amendments to such terms as deemed appropriate by the Chief Planner and Executive Director, City Planning, the Executive Director, Housing Secretariat, and the City Solicitor, in consultation with the Ward Councillor.

 
ii. The Owner shall provide and maintain at least twenty-six (26) dwelling units as one-bedroom, at least nineteen (19) dwelling units as two-bedroom, and at least nine (9) dwelling units as three-bedroom affordable rental dwelling units generally distributed throughout the new mixed-use buildings on the lot, as follows:

 
1. The affordable rental dwelling units shall be provided in contiguous groups of at least 6 dwelling units.

 
2. The general configuration and layout of the fifty-four (54) affordable rental dwelling units in the new mixed-use buildings shall be to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat.
 

iii. The Owner shall provide and maintain the fifty-four (54) affordable rental dwelling units as rental dwelling units for a minimum of 25 years, beginning from the date each such unit is first occupied. No affordable rental dwelling unit shall be registered as a condominium or any other form of ownership such as life lease or co-ownership which provide a right to exclusive possession of a dwelling unit, and no application for conversion for non-rental housing purposes, or application to demolish any affordable rental dwelling unit shall be made for at least 25 years from the date of first occupancy. Upon the expiration of the 25 year period, the owner shall continue to provide and maintain the affordable rental dwelling units as rental dwelling units, unless and until such time as the owner has applied for and obtained all approvals necessary to do otherwise.

 
iv. The Owner shall provide and maintain the fifty-four (54) affordable rental dwelling units at affordable rents for at least 25 years, beginning from the date that each such unit is first occupied. During the first 25 years of occupancy, increases to initial rents charged to tenants occupying any of the affordable rental dwelling units shall be in accordance with the Residential Tenancies Act and shall not exceed the Provincial rent guideline.

 
v. The Owner shall enter into a Section 37 Agreement, and any other necessary agreements, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, with such Agreement(s) to be registered on title to the lands at 4620 Eglinton Avenue West and 250 Wincott Drive and in a manner satisfactory to the City Solicitor to secure the following community benefits at the owner's expense:
 

1. Prior to the earlier of condominium registration or first residential use of Building B, the Owner shall design, construct, finish and convey to the City, in an acceptable environmental condition, for nominal consideration and at no cost to the City, a minimum 465 m2 (5,000 square feet) Community Agency Space located on the ground floor of Building B adjacent to the public park and subject to the following:
 

A. The Community Agency Space shall be delivered to the City in accordance with the City's Community Space Tenancy Policy and finished to Base Building Condition, with the terms and specifications to be secured in the Section 37 Agreement, all satisfactory to the Executive Director, Social Development, Finance and Administration, the Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning and the City Solicitor.

 
B. Prior to the issuance of the first above grade building permit, the owner shall provide a letter of credit in the amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and conveyance of the Community Agency Space complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning and the City Solicitor.

 
C. Prior to conveyance of the Community Agency Space to the City, the owner shall provide a one-time cash contribution in the amount of $660,000.00 for future capital improvements to the Community Agency Space.

 
D. The cash contribution referred to in Recommendation 5.v.1.C above shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of the Agreement to the date of payment.

 
E. Concurrent with or prior to, the conveyance of the Community Agency Space to the City, the owner and the City shall enter into, and register on title to, the appropriate lands an Easement and Cost Sharing Agreement for nominal consideration and at no cost to the City, that is in a form satisfactory to the City Solicitor; the Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the owner as they pertain to the Community Agency Space.
 

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

i. The Owner is required to pay for all costs associated with the following road improvements in accordance with the approved plans to the satisfaction of the General Manager, Transportation Services, and will be a condition of Site Plan Approval, including the approved signal drawings and the approved functional pavement marking and signage plans:

1. A new traffic control signal at Wincott Drive/Waterford Drive/South Site Access driveway.

 
2. A northbound left-turn lane from Wincott Drive into the site at the South Site Access.

 
3. An expanded southbound left-turn lane from Wincott Drive to Eglinton Avenue West.

 
4. Relocation of the existing right-in/right-out Eglinton Avenue West driveway further west.

 
5. Restriction of eastbound and westbound through traffic at the Wincott  Drive/Waterford Drive/Southerly Site Access driveway to help focus traffic to the arterial road network.
 

ii. The owner must submit the following to the satisfaction of the General Manager, Transportation Service prior to Site Plan Approval:
 

1. Acceptable signal drawings and cost estimates for the proposed new traffic control signal at Wincott Drive/Waterford Drive/South Site Access driveway; which must also reflect any changes required to adjacent existing traffic control signals.

 
2. Acceptable functional pavement marking and signage plans for the proposed pavement marking changes along Wincott Drive, which must include any required changes to existing pavement markings and signs on the existing streets.
 

iii. The Owner shall provide, at its own expense, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, a minimum area of 659 m² as Privately-Owned Publicly-Accessible Space (POPS) in between Buildings B and C to the City with public access easements to and over the POPS for use by members of the general public. The public access easements are to be conveyed to the City for nominal consideration and are to be free and clear of all physical and title encumbrances. Such easements to be conveyed to the City prior to Site Plan Approval, and with the design to be determined to the satisfaction of the Chief Planner and Executive Director, City Planning. The owner shall operate, maintain and repair the POPS and install and maintain signs, at its own expense, stating that members of the public shall be entitled to use the POPS during the day and night, 365 days of the year. The owner shall have completed the construction of the POPS prior to the first of either the residential use or condominium registration of the Building B or C.

 
iv. A minimum of 35 percent of the total number of dwelling units on the lot must contain two bedrooms, of which 15 percent of all units must achieve a minimum unit size of 87 square metres.

 
v. A minimum of 17 percent of the total number of dwelling units on the lot must contain three or more bedrooms, for which 10 percent of all units must achieve a minimum unit size of 101 square metres.

 
vi. Through the Site Plan Approval process, the owner shall implement the wind control measures identified in the Pedestrian Wind Study, dated September 5, 2019, prepared by Wind Gradient Engineers and Scientists and any future addendum, to the satisfaction of the Chief Planner and Executive Director, City Planning. Any required mitigation measures would be secured through the Site Plan Control application review process.

vii. The Owner shall satisfy the requirements of the Toronto District School Board regarding the required warning clauses in any purchase of sale agreements with respect to school accommodation issues.

 
viii. The Owner shall satisfy the requirements of the Toronto Catholic District School Board regarding the required warning clauses in any purchase of sale agreements and signage with respect to school accommodation issues.

 
ix. The Owner will construct and maintain the development of the site in accordance with Tier 1, Toronto Green Standard, and the Owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the site. The Owner shall construct and maintain the development in accordance with Tier 1.
 

6. 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 (PFR). The development charge credit shall be in an amount that is the lesser of the cost to the owner of installing 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. The owner is required to submit a design and cost estimate to be approved by the General Manager, Parks, Forestry and Recreation, and a letter of credit equal to 120 percent of the Parks and Recreation Development Charges payable for the development. The design, cost estimate and letter of credit will be required prior to the issuance of any above grade Building Permit.

7. City Council require that the conditions related to the conveyance of the required public parkland dedication having an area of 1,700 m² be satisfied prior to the issuance of any above grade Building Permit for a residential use on the lands, to the satisfaction of the General Manager, Parks, Forestry and Recreation, the Director, Real Estate Services and the City Solicitor. The subject parkland conveyance is to be free and clear, above and below grade of all physical and title encumbrances and encroachments, including surface and subsurface easements, unless otherwise approved by the General Manager, Parks, Forestry and Recreation. The owner is to pay for the costs of the preparation and registration of all relevant documents. The owner shall provide to the satisfaction of the City Solicitor all legal descriptions and applicable reference plans of survey for the new parkland.

8. City Council direct the City Solicitor to secure matters regarding the required parkland conveyance through a Section 37 Agreement, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor, including:

a. Conveyance of land to the City for public parkland, with a minimum size of 1,700 m² as generally depicted in Diagram 4 and Schedule B of the Draft Zoning By-law Amendments.

b. Securing the design and construction of the new public park to Above Base Park Improvements.

c. All other conditions such as (but not limited to): Parkland Conveyance; Environmental Assessment; Park Construction and Base Park Improvements; Above Base Park Improvements; and Credit Against Development Charges for Above Base Park Improvements as outlined in the memorandum from Parks, Forestry and Recreation dated February 26, 2021, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

The Etobicoke York Community Council commenced a statutory public meeting on May 17, 2021 that ended on June 22, 2021 and notice was given in accordance with the Planning Act.

This application proposes to amend both the former City of Etobicoke Zoning Code and City-wide Zoning By-law No. 569-2013 to permit a multi-building, mixed-use development including a 1,700 m2 public park fronting Eglinton Avenue West, a 659 m2 privately-owned publicly-accessible open space (POPS) abutting the public park, and a 465 m2 community agency space 250 Wincott Drive and 4620 Eglinton Avenue West.

The proposed development consists of an 11-storey mixed-building (Building C) located at the southeast corner of the site, a 13-storey building (Building B) immediately north of the proposed public park, and a 13-storey building (Building A) located to the northwest of the proposed private street. The existing retail plaza (Building D) is to remain and a 8.6 m wide addition is proposed at the east end of the building.

The total gross floor area of the proposed development is 65,237 m2, of which 11,038 m2 would be non-residential gross floor area, 53,734 m2 would be residential and 465 m2 would be community agency space. The development would contain 587 residential units, of which 54 would be purpose-built affordable rental dwelling units. A new 8.5 m L-shaped mid-block private road is proposed connecting Wincott Drive and Eglinton Avenue West. A total of 932 vehicular parking spaces located within a 2-level underground garage and at-grade are proposed.

The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020). This report reviews and recommends approval of the application to amend the Zoning By-laws to permit the proposed development.

On May 17, 2021, Etobicoke York Community Council directed staff to bring forward revised draft Zoning By-law amendments to its June 22, 2021 meeting that incorporate alterations to the development application at 250 Wincott Drive and 4620 Eglinton Avenue West, as generally detailed in the letter submitted to Etobicoke Community Council from Trinity Development Group dated May 17, 2021.  The revised draft Zoning By-law amendments are attached.