Item - 2022.EY33.1
Tracking Status
- City Council adopted this item on July 19, 20, 21 and 22, 2022 without amendments and without debate.
- This item was considered by the Etobicoke York Community Council on June 27, 2022 and adopted without amendment. It will be considered by City Council on July 19, 20, 21 and 22, 2022.
- See also By-law 959-2022
EY33.1 - 36 and 38 Fieldway Road - Zoning By-law Amendment Application - Final Report
- Decision Type:
- ACTION
- Status:
- Adopted on Consent
- Ward:
- 3 - Etobicoke - Lakeshore
City Council Decision
City Council on July 19, 20, 21 and 22, 2022, adopted the following:
1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 36 and 38 Fieldway Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (June 9, 2022) 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. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to:
a. complete a peer review process of the submitted Electromagnetic Field Study, by a third party consultant, retained by the City of Toronto and at the owner's expense to the satisfaction of the Chief Planner and Executive Director, City Planning;
b. submit a revised Functional Servicing Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, to determine the storm water 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;
c. make arrangements satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services to secure all improvements that may be required in the accepted Functional Servicing Report; and
d. make arrangements satisfactory to the General Manager, Transportation Services to secure all improvements that may be required in the accepted Transportation Impact Study.
4. City Council require the owner to, at their own expense, address the following matters in any application for site plan control approval for the development, which shall be determined and secured in a site plan agreement with the City, as applicable, all to the satisfaction of the Chief Planner and Executive Director, City Planning:
a. implementation of any required electromagnetic field mitigation measures or other recommendations, as detailed in the Electromagnetic Field Management Plan prepared by EMR Consultants, dated December 5, 2020, as may be amended through a peer review process undertaken at the expense of the owner to the satisfaction of the Chief Planner and Executive Director, City Planning;
b. implementation of any mitigation measures identified in the Noise and Vibration Feasibility Study, prepared by HCG Engineering, dated March 7, 2022, as may be amended through the peer review process undertaken at the expense of the owner to the satisfaction of the Chief Planner and Executive Director, City Planning;
c. in the event that car-share spaces, as defined in the Draft Zoning By-law Amendment attached as Attachment 6 to the report (June 9, 2022) from the Director, Community Planning, Etobicoke York District, are to be provided, a car-share provider shall be secured to the satisfaction of the General Manager, Transportation Services;
d. construction of the City sidewalk to City standards along the Fieldway Road frontage, to the satisfaction of the General Manager, Transportation Services;
e. provision of on-site dog relief facilities, with the location, nature and size of the facilities to be determined through the site plan control approval process to the satisfaction of the Chief Planner and Executive Director, City Planning;
f. construction and maintenance of the development of the site in accordance with Tier 1, Toronto Green Standard, or higher where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan control application;
g. implementation of any wind control mitigation measures identified in the Pedestrian Level Wind Study, prepared by Rowan Williams Davies & Irwin Inc. (RWDI), dated April 11, 2022, and any future addendum, to the satisfaction of the Chief Planner and Executive Director, City Planning;
h. the owner shall satisfy applicable signage requirements of the Toronto District School Board and the Toronto Catholic District School Board and shall insert warning clauses in purchase and sale/tenancy agreements as required in connection with student accommodation;
i. the owner shall satisfy Canadian Pacific Railway 2013 Proximity Guidelines and shall insert the following condition into all property and tenancy agreements and offers of purchase and sale for all dwelling units in the proposed building: "Canadian Pacific Railway and/or its assigns or successors in interest has or have a railway right-of-way and/or yard located adjacent to the subject land hereof with operations conducted 24 hours a day, 7 days a week, including the shunting of trains and the idling of locomotives; there may be alterations to, or expansions of, the railway facilities and/or operations in the future, which alterations or expansions may affect the living environment of the residents in the vicinity; notwithstanding the inclusion of any noise and/or vibration attenuating measures in the design of the development and individual dwellings, Canadian Pacific Railway will not be responsible for complaints or claims arising from the use of its facilities and/or its operations on, over, or under the aforesaid right-of-way and/or yard;" and
j. the planting of one replacement tree for each by-law protected City street tree removed, to the satisfaction of the General Manager, Parks, Recreation and Forestry, if an application to remove the subject tree is approved.
Public Notice Given
Statutory - Planning Act, RSO 1990
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2022/ey/bgrd/backgroundfile-227063.pdf
Attachment 6: Draft Zoning By-law Amendment
https://www.toronto.ca/legdocs/mmis/2022/ey/bgrd/backgroundfile-227332.pdf
(June 1, 2022) Notice of Public Meeting
https://www.toronto.ca/legdocs/mmis/2022/ey/bgrd/backgroundfile-227231.pdf
Communications (Community Council)
(June 6, 2022) E-mail from CP Proximity-Ontario (EY.Main)
https://www.toronto.ca/legdocs/mmis/2022/ey/comm/communicationfile-152624.pdf
(June 20, 2022) E-mail from Alessandra Nicholas (EY.New)
(June 22, 2022) E-mail from Andrew Bodnar (EY.New)
(June 22, 2022) Submission from Ashlee Ferreira and Jacob Keszei (EY.New)
(June 24, 2022) E-mail from Jacky Arias (EY.New)
Communications (City Council)
EY33.1 - 36 and 38 Fieldway Road - Zoning By-law Amendment Application - Final Report
- Decision Type:
- ACTION
- Status:
- Adopted
- Ward:
- 3 - Etobicoke - Lakeshore
Public Notice Given
Statutory - Planning Act, RSO 1990
Community Council Recommendations
The Etobicoke York Community Council recommends that:
1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 36 and 38 Fieldway Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (June 9, 2022) 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. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to:
a. Complete a peer review process of the submitted Electromagnetic Field Study, by a third party consultant, retained by the City of Toronto and at the owner's expense to the satisfaction of the Chief Planner and Executive Director, City Planning;
b. Submit a revised Functional Servicing Report to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services, to determine the storm water 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;
c. Make arrangements satisfactory to the Chief Engineer and Executive Director of Engineering and Construction Services to secure all improvements that may be required in the accepted Functional Servicing Report; and
d. Make arrangements satisfactory to the General Manager of Transportation Services to secure all improvements that may be required in the accepted Transportation Impact Study.
4. City Council require the owner to, at their own expense, address the following matters in any application for site plan control approval for the development, which shall be determined and secured in a site plan agreement with the City, as applicable, all to the satisfaction of the Chief Planner and Executive Director, City Planning:
a. Implementation of any required electromagnetic field mitigation measures or other recommendations, as detailed in the Electromagnetic Field (EMF) Management Plan prepared by EMR Consultants, dated December 5, 2020, as may be amended through a peer review process undertaken at the expense of the owner to the satisfaction of the Chief Planner and Executive Director, City Planning;
b. Implementation of any mitigation measures identified in the Noise and Vibration Feasibility Study, prepared by HCG Engineering, dated March 7, 2022, as may be amended through the peer review process undertaken at the expense of the owner to the satisfaction of the Chief Planner and Executive Director, City Planning;
c. In the event that car-share spaces, as defined in the Draft Zoning By-law Amendment attached as Attachment 6 to this report, are to be provided, a car-share provider shall be secured to the satisfaction of the General Manager, Transportation Services;
d. Construction of the City sidewalk to City standards along the Fieldway Road frontage, to the satisfaction of the General Manager, Transportation Services;
e. Provision of on-site dog relief facilities, with the location, nature and size of the facilities to be determined through the site plan control approval process to the satisfaction of the Chief Planner and Executive Director, City Planning;
f. Construction and maintenance of the development of the site in accordance with Tier 1, Toronto Green Standard, or higher where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan control application;
g. Implementation of any wind control mitigation measures identified in the Pedestrian Level Wind Study, prepared by Rowan Williams Davies & Irwin Inc. (RWDI), dated April 11, 2022, and any future addendum, to the satisfaction of the Chief Planner and Executive Director, City Planning.
h. The owner shall satisfy applicable signage requirements of the Toronto District School Board and the Toronto Catholic District School Board and shall insert warning clauses in purchase and sale/tenancy agreements as required in connection with student accommodation;
i. The owner shall satisfy Canadian Pacific Railway 2013 Proximity Guidelines and shall insert the following condition into all property and tenancy agreements and offers of purchase and sale for all dwelling units in the proposed building: "Canadian Pacific Railway and/or its assigns or successors in interest has or have a railway right-of-way and/or yard located adjacent to the subject land hereof with operations conducted 24 hours a day, 7 days a week, including the shunting of trains and the idling of locomotives. There may be alterations to, or expansions of, the railway facilities and/or operations in the future, which alterations or expansions may affect the living environment of the residents in the vicinity. Notwithstanding the inclusion of any noise and/or vibration attenuating measures in the design of the development and individual dwellings, Canadian Pacific Railway will not be responsible for complaints or claims arising from the use of its facilities and/or its operations on, over, or under the aforesaid right-of-way and/or yard;" and
j. The planting of one replacement tree for each by-law protected City street tree removed, to the satisfaction of the General Manager, Parks, Recreation and Forestry, if an application to remove the subject tree is approved.
Decision Advice and Other Information
The Etobicoke York Community Council held a statutory public meeting on June 27, 2022, and notice was given in accordance with the Planning Act.
Origin
Summary
This application proposes to amend city-wide Zoning By-law 569-2013, as amended, for the properties located at 36 and 38 Fieldway Road to permit a 10-storey residential building. The proposal consists of 131 residential units and a total of 9,345.5 square metres of gross floor area for a floor space index (FSI) of 4.19 times the area of lot. A total of 99 parking spaces are proposed with 102 bicycle parking spaces, and a total of 292.3 square metres of indoor amenity space and 319 square metres of outdoor amenity space.
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-law. The proposal conforms with the Official Plan and Etobicoke Centre Secondary Plan and is generally consistent with the City's guidelines. The proposed development represents appropriate intensification within the Etobicoke Centre as it fits within the planned context of the area.
Background Information
https://www.toronto.ca/legdocs/mmis/2022/ey/bgrd/backgroundfile-227063.pdf
Attachment 6: Draft Zoning By-law Amendment
https://www.toronto.ca/legdocs/mmis/2022/ey/bgrd/backgroundfile-227332.pdf
(June 1, 2022) Notice of Public Meeting
https://www.toronto.ca/legdocs/mmis/2022/ey/bgrd/backgroundfile-227231.pdf
Communications
(June 6, 2022) E-mail from CP Proximity-Ontario (EY.Main)
https://www.toronto.ca/legdocs/mmis/2022/ey/comm/communicationfile-152624.pdf
(June 20, 2022) E-mail from Alessandra Nicholas (EY.New)
(June 22, 2022) E-mail from Andrew Bodnar (EY.New)
(June 22, 2022) Submission from Ashlee Ferreira and Jacob Keszei (EY.New)
(June 24, 2022) E-mail from Jacky Arias (EY.New)
Speakers
Andrew Dales
Sal Vitiello