Item - 2022.EY33.3

The Etobicoke York Community Council recommends that:

1. City Council amend Zoning By-law 514-2003, for the lands at 801 The Queensway, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (June 9, 2022) from the Director, Community Planning, Etobicoke York District.

2. City Council authorize the City Solicitor to submit the necessary bill(s) to implement the foregoing recommendation(s) provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will be issued until such time as the Section 37 Agreement is executed and registered.

3. City Council 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:

1. Prior to the issuance of the first above-grade building permit for the proposed development, the owner shall provide a cash contribution to the City in the amount of $700,000 to be allocated to: streetscape improvements, including new trees along The Queensway and The Queensway Business Improvement Area; traffic control and street (all street designations) improvement measures, including bike lanes; improvements to local parks and trails located in Ward 3, including Queensway Park and Mimico Park Trail; and/or public art, including heritage plaques, at the discretion of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor.

2. The financial contribution pursuant to Recommendation 3.a.1. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date City Council adopts the zoning by-law amendment(s) to the date of payment;

3. In the event the cash contribution referred to above has not been used for the intended purposes within three 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 purpose(s) is/are identified in the Toronto Official Plan and will benefit the community in the vicinity of the property.

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

1. The owner shall construct and maintain the development on the lands in accordance with Tier 1, Toronto Green Standard and the owner is encouraged to achieve Tier 2, Toronto Green Standard, as adopted by City Council and applicable at the time a site plan control application is submitted to the City;

2. The owner, through the site plan control approval process, shall implement any required noise mitigation measures or other recommendations, as detailed in the Environmental Noise and Vibration Assessment dated December 13, 2019, prepared by Novus Environmental, 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;

3. The owner, through the site plan control approval process, shall implement wind control measures identified in the Pedestrian Level Wind Study, dated October 2, 2020, prepared by SLR Consulting (Canada) Ltd., the addendum to this study dated December 22, 2021, and any future addendum, to the satisfaction of the Chief Planner and Executive Director, City Planning; and

4. The owner shall agree to 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.

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

5. City Council require the owner to complete the following matters before introducing the necessary Bills to City Council for enactment on July 19 and 20, 2022, or, if one or more of the matters listed below have not been completed prior to the meeting of City Council, then City Council require the final form of the Zoning By-law Amendment for this matter contain a Holding ("H") provision conditional on the completion of the following matters:

a. The owner shall address all outstanding issues raised by Engineering and Construction Services as they relate to the Zoning By-law Amendment application as set out in their memo dated June 8, 2022, or as may be updated in response to further submission(s) filed by the owner, to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services;

b. The owner shall make satisfactory arrangements to secure all improvements that may be required as a result of revised traffic analyses to be included in a transportation impact study addendum report that has been prepared to the satisfaction of the General Manager, Transportation Services; and

c. The owner shall submit revised addendum letter to the Land Use Compatibility, Environmental Air Quality Assessment to the third party consultant retained by the City of Toronto and at the owner's expense, for final comment to the satisfaction of the Chief Planner and Executive Director, City Planning and, if necessary, the proposed draft Zoning By-law Amendment be revised to address any mitigation measures arising from the accepted study.

The Etobicoke York Community Council held a statutory public meeting on June 27, 2022, and notice was given in accordance with the Planning Act.

This application proposes to amend the former City of Etobicoke Zoning Code (Site Specific Zoning By-law No. 514-2003) to permit a 10-storey (31.5 metres in height plus an additional 5.5 metres for the mechanical penthouse) mixed-use building at 801 The Queensway. The proposed building would contain 203 dwelling units, a Gross Floor Area of 14,972 square metres (of which 645 square metres would be commercial space) for a total density of 5.26 times the area of the lot. A total of 133 parking spaces (including three car-share spaces) are proposed and spaces would be provided within a two-level underground parking garage and two drop-off spaces are proposed at ground level.

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 in its current form with respect to the proposed building typology, building height, massing, and density to amend the Zoning By-law.

Although the building height and density exceeds the development standards established in the Avenue Study, City Planning staff are of the opinion that the necessary revisions have been made to ensure that the development is in keeping with the intent of the mid-rise vision for The Queensway. The revised proposal is reflective of a mid-rise built form typology generally consistent with the vision of The Queensway Avenue Study as well as the Mid-Rise Building Design Guidelines. Further, the building has been massed with various setbacks and stepbacks that minimize shadow and visual impacts on the public realm and to achieve a well-proportioned pedestrian-scale streetwall along The Queensway.