Item - 2021.EY28.1

The Etobicoke York Community Council recommends that:

1. City Council amend the former City of Etobicoke Zoning Code, as amended by Site-Specific By-laws 1088-2002, 769-2016 and 1100-2016, for the lands at 5415-5481, 5485 and 5487 Dundas Street West and 15 and 25 Shorncliffe Road substantially in accordance with the draft Zoning By-law Amendment in Attachment 7 to the report (October 30, 2021) from the Director, Community Planning, Etobicoke York District.

2. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

3. City Council require the owner to submit a Functional Servicing Report to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services, demonstrating there is sufficient capacity in the sanitary sewer system and all required upgrades and improvements have been financially secured through a Subdivision Agreement in order to lift the Holding Symbol from the site.

4. City Council direct that any future Site Plan Control applications for this development be reviewed in the context of the Site-Specific Urban Design Guidelines dated December 2020, included as Attachment 9 to the report (October 30, 2021) from the Director, Community Planning, Etobicoke York District.

5. Before introducing the necessary Bills to City Council for enactment, City Council require the Owner to: 

a. Provide confirmation from the owner's vibration consultant that the analysis conducted in 2011 is still valid. The proponent shall also undertake vibration measurements near the southwest corner of the site to obtain a representative picture of vibration impact form the rail corridor to the satisfaction of Metrolinx;

b. Provide a Noise Assessment that reflects Metrolinx's current forecast information. The assessment shall contemplate rail traffic on the Canpa subdivision. The owner shall undertake noise measurements near the southwest corner of the site to obtain a representative picture of noise impact from the rail corridor all of which is to the satisfaction of Metrolinx; and

c. The owner's servicing consultant shall confirm that the proposed overland flows will not adversely impact Metrolinx lands to the satisfaction of Metrolinx.

6. Before introducing the necessary Bills to City Council for enactment, City Council authorize amendment to the original Section 37 Agreement (AT4381547) entered into by the owner with the City pursuant to By-law 769-2016, as may be required to extend the timing of conveyance of the "easterly parkland" associated with Phase 1 to prior to above-grade building permit for the Phase 2 building, on terms set out in the amending agreement satisfactory to the Chief Planner and Executive Director, City Planning and the General Manager, Parks, Forestry and Recreation.

7. 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 to the satisfaction of the Chief Planner and Executive Director City Planning and the City Solicitor, as follows:

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

1. Prior to issuance of the first above-grade building permit, the owner shall make a cash contribution to the City in the amount of $1,600,000.00 by certified cheque payable to the Treasurer, City of Toronto, to be allocated at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, toward capital improvements for one or more of the following capital improvements within the Ward:

a. Local traffic calming projects;

b. Local park improvements, including the new Etobicoke Centre public park;

c. New child care and community recreational centre proposed to be included in the new Etobicoke Civic Centre; and

d. Local non-profit child care facilities.

e. Streetscape improvements in local area.

2. Prior to issuance of the first above-grade building permit within any phase of the development, the owner shall make cash contributions to the City by certified cheque payable to the Treasurer, City of Toronto in the following amounts:

a. $625,000.00 as originally secured pursuant to By-law 769-2016; and

b. $250,000.00 as originally secured pursuant to By-law 1100-2016; which amounts shall be allocated at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, toward one or both of the capital needs for the Etobicoke Centre to be located on the former Westwood Theatre lands and local parkland improvements within the Ward.

3. The cash amount identified above shall be indexed upwardly in accordance with Statistics Canada Non-Residential Construction Price Index for Toronto, calculated as follows:

a. indexing of the contribution referred to in Recommendation 7.a.1 above shall be calculated from the date of execution of the Section 37 Agreement required by this by-law to the date of payment;

b. Indexing of the contribution referred to in Recommendation 7.a.2.a. above shall be calculated from July 11, 2016 to the date of payment; and

c. Indexing of the contribution referred to in Recommendation 7.a.2.b. above shall be calculated from November 2, 2016 to the date of payment.

4. In the event the cash contribution referred to in Recommendation 7.a.1 and 7.a.2 above have not been used for the intended purpose within three (3) years of this by-law 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 purposes are identified in the Official Plan and will benefit the community in the vicinity of the lands.

b. The following matters are also recommended to be secured in the Section 37 Agreement in support of the development:

1. Prior to the issuance of the first above-grade building permit for all or any portion of a building in Phase 2, or on such later date on terms satisfactory to the General Manager, Parks, Forestry and Recreation, the owner shall convey to the City, pursuant to Section 42 of the Planning Act, the on-site parkland dedication identified as "Public Park A" on Schedule 'B' of the Attachment 7, having a minimum size of 1,569.34 m2 located along Dundas Street West and east of the future north-south public road, to the satisfaction of the General Manager, Parks, Forestry and Recreation and in accordance with the terms set out in the Section 37 Agreement.

2. Prior to the issuance of an above grade building permit for all or any portion of  a building in Phase 6, or such later date on terms satisfactory to the General Manager, Parks, Forestry and Recreation, the owner shall convey to the City, pursuant to Section 42 of the Planning Act, the on-site parkland dedication identified as "Public Park B" on Schedule 'B' of Attachment 7, having a minimum size of 2575.12 m2 located along Dundas Street West and west of the future north-south public road, to the satisfaction of the General Manager, Parks, Forestry and Recreation and in accordance with the terms set out in the Section 37 Agreement.

3. The owner shall transfer the parkland requirements to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition to the satisfaction of the General Manager, Parks, Forestry and Recreation on terms set out in the Section 37 Agreement, including provision for  encumbrances of tiebacks, where such encumbrance is deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor and is subject to compensation payable to the City, in an amount determined by the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management.

4. Prior to the issuance of the first above-grade building permit for all or any portion of a building within Phase 2, in connection with "Public Park A", and Phase 6, in connection with "Public Park B", the owner shall submit a cost estimate and necessary plans/drawings of the base park improvements for the respective park, together with financial security on terms set out in the Section 37 Agreement, to the satisfaction of the General Manager, Parks, Forestry, and Recreation. The submissions for base park improvements for "Public Park A" shall include, and the owner shall be responsible for, any walkways determined to be required and co-ordinated with adjacent parkland to the east associated with Phase 1 pursuant to By-law 769-2016.  No credit will be given towards the Parks and Recreation component of the Development Charges for costs associated with base park improvements.

5. Prior to the earlier of first residential occupancy and first condominium registration of all or any portion of a building within Phase 2 , the owner shall complete the base park improvements for "Public Park A" to the satisfaction of the General Manager, Parks, Forestry and Recreation, or such later date in the sole discretion of and on terms satisfactory to the General Manager, Parks Forestry and Recreation.

6. Prior to the earlier of the first residential occupancy and first condominium registration of all or any portion of a building within Phase 6, the owner shall complete base park improvements for "Public Park B" to the satisfaction of the General Manager, Parks, Forestry and Recreation, or such later date in the sole discretion of and on terms satisfactory to the General Manager, Parks Forestry and Recreation.

7. Prior to the issuance of the first above-grade building permit for all or any portion of a building within Phase 2 in connection with "Public Park A" and all or any portion of a building within Phase 6, in connection with "Public Park B", if the owner agrees to design and construct the above-base park improvements for a development charge credit approved by City Council against the Parks and Recreation component of the Development Charges for either the "Public Park A" or "Public Park B" shown on Schedule 'B' of Attachment 7, the owner shall submit a cost estimate and necessary working drawings, specifications and plans together with financial security on terms set out in the Section 37 Agreement, to the satisfaction of the General Manager, Parks, Forestry and Recreation.

8. Prior to the earlier of first residential occupancy and first condominium registration of all or any portion of a building within Phase 2, the owner shall complete the above-base park improvements, if any, undertaken for "Public Park A" to the satisfaction of the General Manager, Parks, Forestry and Recreation, or such later date in the sole discretion of and on terms satisfactory to the General Manager, Parks, Forestry and Recreation.

9. Prior to the earlier of the first residential occupancy and first condominium registration of all or any portion of a building within Phase 6, the owner shall complete the above-base park improvements, if any, undertaken for "Public Park B" to the satisfaction of the General Manager, Parks, Forestry and Recreation, or such later date in the sole discretion of and on terms satisfactory to the General Manager, Parks, Forestry and Recreation.

10. The owner shall, at its own expense, design, construct and thereafter maintain the  Privately-Owned Publicly-Accessible Space ("POPS") areas in the locations illustrated on Schedule 'B' of Attachment 7 as "POPS A" having a minimum area of 711.7 m2 located between Building 2 and Building 3 and "POPS B" having a minimum area of 460.5 square meters located between Building 6 and "Public Park B", with the specific location, configuration and design to be determined and secured in the context of site plan approval to the satisfaction of the Chief Planner and Executive Director, City Planning.

11. Prior to site plan approval for Phase 3 in connection with "POPS A" and prior to site plan approval for Phase 6 in connection with "POPS B", the owner shall prepare all documents, including a reference plan, and convey to the City, on terms set out in the Section 37 Agreement, an access easement, including support rights as applicable, for public use of the "POPS A" and "POPS B" to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor. The public access easements shall be conveyed to the City for nominal consideration, free and clear of all physical and title encumbrances at no cost to the City. The owner shall operate, maintain and repair the POPS spaces and install and maintain at its own expense approved signage identifying the POPS for public use.

12. Prior to the earlier of first residential or non-residential use occupancy and first condominium registration of all or any portion of a building within Phase 3, with respect to POPS "A" and of all or any portion of a building within Phase 6, with respect to POPS "B", the owner shall complete the construction of respective POPS to the satisfaction of the Chief Planner and Executive Director, City Planning, or such later date in the sole discretion of  and on terms satisfactory to the Chief Planner and Executive Director, City Planning. 

13. The owner shall construct Phase 2, Phase 3, Phase 4 and Phase  6 shown on Schedule 'B' of Attachment 7 in the order in which they are numbered. The order of construction may be altered at the discretion of the Chief Planner at the request of the owner provided that Phase 2 is first to proceed.

14. Prior to Site Plan Approval or the issuance of any Building Permit for any portion of the site, the owner shall transfer to the City the fee simple interest under those lands identified as the Transit Reserve and related rights of support in favour of the City in contemplation of the extension of the Toronto Transit Commission's Bloor-Danforth subway line to the satisfaction of the Toronto Transit Commission.

15. The owner shall prepare all documents, including a reference plan, and convey to the City for nominal consideration, free and clear of physical and title encumbrances and at no cost to the City, a 3.44-metre wide road widening along the northerly portion Shorncliffe Road in the context of site plan approval of the building within Phase 6.

16. The owner shall, as a requirement for Phase 3 of the development, undertake the construction of all infrastructure that is required for the proposed traffic control signals at the intersection of Dundas Street West and the proposed public road east of Shorncliffe Road, including the preparation of all functional and engineering drawings, including signal design, civil and pavement markings/signage drawings. All work shall be undertaken to the satisfaction of the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services and at no cost to the City with the details, including timing of completion, secured in the context of subdivision approval.

17. Prior to the issuance of the first above-grade building permit, the owner shall pay the amount of $71,750.00 for the installation of the transit signal to the Toronto Transit Commission.

18. The owner shall make satisfactory arrangements with Engineering and Construction Services and enter into the appropriate agreement(s) 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 support this development, according to the accepted Functional Servicing Report and Traffic Impact Study to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services.

19. The owner shall, at its own cost and expense and in support of the development, design, remediate, construct and convey a new public road with the east-west section (from Shorncliffe Road to the north-south section of the future public road) having a minimum width of 18.5 metres and the north-south (from the east-west section of the future public road to Dundas Street West) having a minimum width of 22.2 metres in the locations illustrated on the draft plan of subdivision, together with associated municipal services both internal and external to the land, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

20. Prior to issuance of any building permit for all or any part of the development on the lands, the owner shall:

a. Enter into a financially secured subdivision agreement with the City pursuant to Section 51 of the Planning Act necessary to implement the plan of subdivision, including required external works, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; and

b. Obtain release for construction of services in accordance with the terms of the subdivision agreement to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

21. Prior to issuance of the first above grade building permit for all or any part of the development on the lands, the owner shall:

a. Register the Plan of Subdivision to the satisfaction of the Chief Planner and Executive Director, City Planning in accordance with the requirements of the subdivision agreement; and

b. Complete the construction of the new road to base course asphalt and complete services, including external services, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

22. Prior to issuance of an above-grade building permit for all or any part of a building in Phase 2, the owner shall, on terms set out in the Section 37 Agreement and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services, design a 21-metre private road, having the characteristics of a public road with the exception of ownership.

23. Prior to the earlier of first residential occupancy and first condominium registration of all or any portion of a building in Phase 2, the owner shall construct and thereafter maintain the private road, as well as prepare all documents, including a reference plan, and convey a public access easement for the private road in favour of the City for public and City use of the private road with the design, details and configuration to be determined and secured in the context of site plan approval. The required easement, including support rights as applicable, shall be conveyed for nominal consideration and at no cost to the City, free and clear of physical and title encumbrances with standard insurance and indemnification obligation, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

24. The owner shall, as part of the development of each phase, provide boulevard improvements on City owned portions of all frontages of the lands on existing streets, including the Dundas Street West frontage along the future parkland, with design and details to be determined and secured in the context of site plan approval to the satisfaction of the Chief Planner and Executive Director, City Planning.

25. The owner shall provide, at their own expense, canopy art features between the buildings within Phases 2 and 3, and within the transit reserve south of Building 4 and visible from Shorncliffe Road. The design, location of and financial securities for the canopy features are to be determined and secured in the context of site plan approval of Phases 3 and 4, respectively, to the satisfaction of the Chief Planner and Executive Director, City Planning. The owner shall have completed the construction of the canopy features prior to the earlier of first residential occupancy use and first condominium registration of all or any portion of a building within Phase 3, with respect to the completion of the canopy art feature between buildings within Phases 2 and 3, and within Phase 4 with respect to the completion of the canopy art feature within the transit reserve. The owner shall be responsible for the construction, maintenance and repair the canopy art features at its own expense.

26. The owner is required to maintain the rail safety measures as specified in the Peer Review completed by Aecom, dated September 14, 2020.

27. Through the site plan approval process, the owner shall implement the wind control measures identified in the Pedestrian Wind Study, dated November 14, 2019, prepared by RWDI and any future addendum, to the satisfaction of the Chief Planner and Executive Director, City Planning. Any required mitigation measures shall be secured in the context of site plan approval for all buildings within the development.

28. The owner shall provide a vegetation clearance zone of 3.5 metres from the mutual property line to the satisfaction of Metrolinx through the site plan control application review process.

29. If and to the extent determined to be required by the Chief Planner and Executive Director, City Planning in the context of site plan approval of Phases 2, 3 and 4, the owner shall prepare all documents and convey easement(s) in favour of the City in perpetuity, including support rights as applicable,  for City and public use of the landscape open space within the area identified as “Transit Reserve” shown on Schedule ‘B’ attached, and for the purpose of providing facilitating possible future public connection to transit stations located south east of the development to the satisfaction of the Chief Planner and Executive Director, City Planning. The configuration and terms, including timing, of the public access easement(s) shall be determined and secured in the context of site plan approval, including requirements for conveyance for nominal consideration and at no cost to the City, free and clear of physical and title encumbrances with standard insurance and indemnification obligations to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor. 

30. The owner shall satisfy the requirements of the Toronto District School Board regarding the required signage, warning clauses in any purchase of sale agreements with respect to school accommodation issues and information regarding estimated occupancy dates.

31. 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.

32. The owner include the Ministry of Environment Warning Clause F in NPC-3000 relating to sound levels in any purchase of sales/rental agreements in the form as set out in the Section 37 Agreement.

33. The owner will construct and maintain the development in accordance with Tier 1, Toronto Green Standard, and is 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.

8. 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. The development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation than the component of development charges payable for the development in accordance with the City's Development Charges By-law, and may be amended from time to time.

9. City Council authorize City Officials to take such action as required in order to implement these recommendations, including execution of necessary agreements.

The Etobicoke York Community Council held a statutory public meeting on November 22, 2021, and notice was given in accordance with the Planning Act.

 This application proposes to amend the former City of Etobicoke Zoning Code, as amended by Site-Specific Zoning By-laws 1088-2002, 1100-2016 and 769-2016, to permit a comprehensive multi-phased mixed-use development which includes four buildings and eight towers at 5415-5481, 5485 & 5487 Dundas Street West and 15 & 25 Shorncliffe Road. This new proposal would over-ride the previously approved development on the subject lands with the exception of Phase 1, which is under construction.

The new development of Phases 2, 3, 4 and 6 would contain over 15,000 m2 of non-residential gross floor area and 2,875 residential units. The towers would range in height from 26 to 44 storeys. The application proposes a public street connecting Dundas Street West and Shorncliffe Road, as well as new municipal infrastructure upgrades to the existing sanitary sewer. The application will result in a total of 6,792 m2 of parkland, with the subject application proposing a 4,144 m2 public park fronting onto Dundas Street West and 2,468 m2 of parkland which is to be conveyed as part of the Phase 1 development. Although Phase 1 development does not form this application, this report also seeks City Council authority to amend the existing Section 37 agreement with respect to the timing of the Phase 1 parkland conveyance.

Site-Specific Zoning By-laws 1100-2016 and 769-2016 approved a multi-phased tall building development with six buildings and eight towers, 2,311 residential units, and an overall gross floor area of 215,988 m2. Not including the Phase 1 building that is under construction, the remaining permissions for the subject lands would be 2,016 residential units and with an overall gross floor area of 188,034 m2 within five buildings and seven towers. The new application proposes taller buildings and an overall gross floor area of 233,493 m2 on the same lands, which is a difference of 859 units and approximately 45,500 m2 from the previous approval.

An application for Draft Plan of Subdivision approval is required to create the new public street, the public park block and to secure municipal infrastructure upgrades.

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). The site is consistent with the policies of the Official Plan and Etobicoke Centre Secondary Plan. The proposal respects and reinforces the existing and planned built form context of the surrounding area.

This report reviews and recommends approval of the application to amend the Zoning By-laws and also advises that the Chief Planner and Executive Director, City Planning may approve the Draft Plan of Subdivision.