Item - 2022.EY32.23

The Etobicoke York Community Council recommends that:

1. City Council, pursuant to subsection 45(1.4) of the Planning Act, permit the applicant's request to apply to the Committee of Adjustment for minor variances in regards to the property municipally known as 250 Wincott Drive and 4620 Eglinton Avenue West from Site Specific Zoning By-laws 834-2021 and 835-2021 prior to the second anniversary of the day on which the site specific By-laws was amended, to seek variances to reduce the required number of loading spaces for Building C from 4 spaces to 2 spaces.

Under the Smart Growth for Our Communities Act, 2015 (Bill 73) which came into final effect on July 1, 2016, Subsections 45(1.3) and 45(1.4) of the Planning Act, as amended, prevent the submission of minor variance applications on properties subject to a privately-initiated zoning by-law amendment within two years of by-law enactment, unless the municipal council has otherwise "declared by resolution that such an application is permitted."

The privately-initiated site specific amendments to the City of Toronto Zoning By-law 569-2013 (By-law 834-2021) and to Chapters 304 and 340 of the Etobicoke Zoning Code (By-law 835-2021) were enacted for 250 Wincott Drive and 4620 Eglinton Avenue West by City Council at its meeting on July 14, 2021.

The site specific by-laws facilitate the comprehensive redevelopment of 250 Wincott Drive and 4620 Eglinton Avenue West. The development includes a new 43-metre building (Building C) located at the southeast corner of the site, an 11-storey (39 metres) building (Building B) immediately north of the proposed public park, an 11-storey (40 metres) building (Building A) located to the northwest of the proposed private road, and the retention of the existing retail plaza (Building D). The by-laws secured a 659 square metre privately owned publicly-accessible open space (POPS) abutting the public park fronting onto Eglinton Avenue West, and a 465 square metre community agency space on the first floor of Building B.

As the proposal has been advancing through the review for an application for site plan control approval, the applicant has revised the amount of non-residential gross floor proposed in Building C. In total, the applicant is proposing two non-residential units of 1,896 square metres and 67 square metres on the ground floor of Building C, while keeping in conformity with the site specific zoning standards on non-residential gross floor area. Despite the reduction in non-residential gross floor area, the site specific by-laws continue to require a minimum of four loading spaces. To advance the development, an application for minor variance to the Committee of Adjustment is required. The required zoning relief is to permit a reduction to the minimum required number of loading spaces for Building C from 4 spaces to 2 spaces.

Under the Planning Act, the owner will not be able to file for a minor variance application for zoning relief in this regard until July 14, 2023, delaying the redevelopment of the site.

As the proposed development (including built form) is largely the same as that which City Council previously considered and approved, City Council's authorization for submission of a minor variance application at this time is warranted.