Item - 2022.EY33.4

The Etobicoke York Community Council recommends that:

1. City Council amend the Official Plan, for the lands at 900 to 940 The East Mall, substantially in accordance with the draft Official Plan Amendment attached as Attachment 5 to the report (June 8, 2022) from the Director, Community Planning, Etobicoke York District.

2. City Council amend city-wide Zoning By-law 569-2013, for the lands at 900 to 940 The East Mall, substantially in accordance with the draft Zoning By-law Amendment to city-wide Zoning By-law 569-2013 attached as Attachment 6 to the report (June 8, 2022) from the Director, Community Planning, Etobicoke York District.

3. 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 issue until such time as the Section 37 Agreement is executed and registered.

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

5. City Council require the owner to enter into an agreement pursuant to Section 37 of the Planning Act and other necessary agreement(s), including provision of indemnity, insurance, financial security, maintenance, HST and indexing, as applicable, 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 the issuance of the first above-grade building permit, the owner shall make a financial contribution to the City in the amount of $1,000,000 by certified cheque to the Treasurer, City of Toronto, to be used towards park improvements for West Deane Park and/or other parks or capital improvements that would benefit the community in the vicinity of the lands, to the discretion of the Chief Planner and Executive Director, City Panning, in consultation with the Ward Councillor;

2. The financial contribution pursuant to Recommendation 5.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 financial contribution in Recommendation 5.a.1. above has not been used for the intended purposes within three years of the by-law coming into full force and effect, the contribution may be redirected for another purpose(s), at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose(s) is identified in the Official Plan and will benefit the community in the vicinity of the lands;

4. The provision and conveyance at nominal charge of at least eight Affordable Ownership Units with an approximate total net floor area of 460 square metres to Toronto Artscape Inc. or a similar non-profit housing provider for affordable ownership housing on the following terms:

a. The Affordable Ownership Units will be comprised of studio, one- and two-bedroom units, provided that there is no more than one studio unit, and at least two two-bedroom units that have an average size of 82 square metres;

b. All of the Affordable Ownership Units will be constructed to a fully-finished condition, to a similar standard as the units in the remainder of the development;

c. The units will be constructed in the first phase of development and unit occupants will have access to all building facilities and amenities on the same terms and conditions as the all other residents;

d. There shall be no closing adjustments made with respect to the Affordable Ownership Units transferred to the Provider, other than adjustments for monthly occupancy fees or common expense fees and realty taxes for the year in which the final closing date occurs, adjusted and payable on either the interim occupancy or final closing date of the sale of each unit; and

e. The owner shall submit, in consultation with the Provider, the proposed layouts and locations of the units as part of the application for Site Plan Control approval, and the final design and location of the units shall be to the satisfaction of the Chief Planner and Executive Director, prior to Site Plan Control approval;

5. The owner shall enter into Agreements of Purchase and Sale ("the APS") for the Affordable Ownership Units with the Provider and/or the City prior to the issuance of the first building permit for the first residential building on the lands pursuant to Recommendation 5.a.4. above and the APS will be assignable at no additional cost;

6. The owner shall enter into and register a Section 118 restriction under the Land Titles Act prior to first above-grade building permit for the first residential building on the lands to enable the implementation of the affordable housing provisions of the Section 37 agreement to the satisfaction of the City Solicitor in consultation with Chief Planner and Executive Director, City Planning.

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

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

a. Modifications to the signal timing plan at the Eglinton Avenue West/The West Mall/Highway 427 Off-Ramp Intersection by introducing a protected right-turn phase, which will operate in conjunction with the westbound left-turn phase and maintain the existing cycle lengths;

b. Modifications to the signal timing plan at the Eglinton Avenue West/Martin Grove Road Intersection to allow more green time for the east-west movements and maintain the existing cycle lengths;

c. An approximate 85-metre extension of the centre medium for the northbound approach at the Eglinton Avenue West/Highway 427 Off-Ramp Intersection;

d. The installation of a dedicated southbound right-turn deceleration lane, and other improvements to lanes, at the proposed northerly site access driveway.

2. The owner must submit the following to the satisfaction of the General Manager, Transportation Services prior to Site Plan Control approval:

a.  Acceptable functional pavement, signage plans, engineering drawings and cost estimates associated with the required road improvements identified above.

3. The owner shall 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 control application for each building on the site, and the owner shall construct and maintain the development in accordance with Tier 1, to the satisfaction of the Chief Planner and Executive Director, City Planning.

4. The owner shall satisfy applicable signage requirements of the Toronto District School Board (TDSB) and the Toronto Catholic District School Board (TCDSB) and shall insert warning clauses in purchase and sale/tenancy agreements as required in connection with student accommodation.

5. 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 the development, according to the Functional Servicing Report accepted by the Chief Engineer and Executive Director of Engineering and Construction Services.

6. The following matters regarding the required parkland conveyance shall be secured, 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 2,347 square metres as generally depicted in Diagram 1 of the Draft Zoning By-law Amendment;

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

c. All other conditions such as, but not limited to: Parkland Dedication; Limiting Distance; Environmental Assessment; Park Construction and Base Park Improvements; Temporary Fencing; Warranty; 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 August 12, 2021, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

7. The owner shall, at its 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(s) with the City, as applicable, all to the satisfaction of the Chief Planner and Executive Director, City Planning:

a. Obtain all required permit(s) from the Ministry of Transportation (MTO) prior to any construction and for all signs visible to Highway 427. MTO permits can only be applied once Site Plan Control approval is granted;

b. Implement any required noise and vibration abatement measures or other recommendations, as detailed in the Noise and Vibration Impact Study, dated October 2019 and revised April 2022,  prepared by J.E. Coulter Associates Ltd., as may be amended through a peer review process, undertaken through the Site Plan Control application process, at the expense of the owner, to the satisfaction of the Chief Planner and Executive Director, City Planning;

c. Implement any required air quality, dust and odour abatement measures or other recommendations, as detailed in the Compatibility and Mitigation Study for Air Quality, Dust and Odour, dated February 2022, prepared by SLR Consulting (Canada) Ltd., as may be amended through a peer review process, undertaken through the Site Plan Control application process, at the expense of the owner, to the satisfaction of the Chief Planner and Executive Director, City Planning;

d. Implement any wind control measures identified in the Pedestrian Level Wind Study, dated June 3, 2021, prepared by Gradient Wind Engineers, and any future addendum, to the satisfaction of the Chief Planner and Executive Director, City Planning, to be secured through the Site Plan Control application review process;

e. Satisfy the requirements of Metrolinx particularly regarding noise and vibration attention requirements, warning clauses in purchase and sale/tenancy agreements, and construction traffic management plan and schedules;

f. Construction of a bus stop platform and associated connections on the Eglinton Avenue West frontage to the satisfaction of the Toronto Transit Commission;

g. Incorporation in the construction of the building of exterior materials shown on 1:50 scale drawings as approved by the Chief Planner and Executive Director, City Planning and submitted as part of the Site Plan Control approval process;

h. Reconstruction of the City sidewalks to City standards along the frontages of The East Mall and Eglinton Avenue West, to the satisfaction of the General Manager, Transportation Services;

i. The construction management plan include on-site contact during the construction process for residents and stakeholders to contact; and

j. Provide drawings and implement the north driveway being limited to a right turn out movement only with an angular channel, with the intention to remove the requirement for no right turn on red prohibitions at the intersection of The East Mall and Eglinton Avenue West.

8. Prior to final Site Plan Approval, the owner shall submit a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services, and the Chief Building Official and Executive Director, Toronto Building Division, in consultation with the Ward Councillor, and Toronto Lands Corporation, and thereafter shall implement the plan during the course of construction, such Construction Management Plan will include, but not limited to the following construction-related details: noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, construction vehicle routing, street closures, parking and laneway uses and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the area stakeholders, and any other matters requested by the Chief Planner and Executive Director, City Planning, and the Chief engineer and Executive Director, Engineering and Construction Services, in consultation with the Ward Councillor.

6. City Council direct that the following conditions be added as Holding Provisions to the Draft Zoning By-law Amendment to city-wide Zoning By-law 569-2013 for the lands at 900-940 The East Mall, attached as Attachment 6 to the report (June 8, 2022) from the Director, Community Planning, Etobicoke York District, if the conditions are not satisfied prior to the July 19 and 20, 2022 City Council meeting:   

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 January 17, 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 submit a Functional Servicing Report to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services. The report shall determine the storm water runoff, sanitary flow and water supply demand resulting from the proposed development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the development; and

c. The owner shall provide space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapter 68-10.

7. City Council accept an on-site parkland dedication by the owner having an area of not less than 2,347 square metres to satisfy the owner's parkland contribution required pursuant to Section 42 of the Planning Act, with such on-site parkland to be conveyed to the City prior to the issuance of any above grade building permit for the lands, to the satisfaction of the General Manager, Parks, Forestry and Recreation, the Director, Real Estate Services and the City Solicitor.

a. 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; and

b. The owner is to pay for the costs of the preparation and registration of all relevant documents, and 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 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, and 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, 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.

9. City Council amend City of Toronto Municipal Code, Chapter 925, Permit Parking in order to exclude residents of, visitors to or tradespersons at 900 to 940 The East Mall for a permit.

10. City Council direct the Chief Planner and Executive Director, City Planning to include the following as approval conditions:

a. the Owner shall insert an advisory clause that residents of the development will be ineligible for on-street parking permits, substantially in the form of the advisory clause in Attachment 4 to the report (November 10, 2021) contained in item 2021.PH29.3 from the Chief Planner and Executive Director, City Planning and the Chief Financial Officer and Treasurer, into all purchases, agreements of purchase and sale or agreements to lease and condominium declaration document(s) for each affected residential unit within the development.

The Etobicoke York Community Council:

1.  Directed the Director, Community Planning, Etobicoke York District, to continue discussions with the applicant on improvements to the internal vehicle circulation, surface parking, vehicle turnaround space, and on developing an option to close the north driveway entirely and to report on any necessary amendments directly to City Council.

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 Official Plan and city-wide Zoning By-law 569-2013 for the lands municipally known as 900 to 940 The East Mall to permit a phased mixed use development comprised of four buildings, ranging from 20 to 21 storeys (71.6 metres in height, including mechanical penthouses) and containing a total of 836 dwelling units, including eight affordable ownership units. The development would have a total gross floor area of 72,146 square metres, of which 65,873 square metres would be for residential uses and 7,918 square metres would be for non-residential uses including 890 square metres of retail space, 148 square metres of interior daycare space and 5,235 square metres of office space. A total of 776 parking spaces are proposed within a four level below-grade parking garage. In addition, a 2,346 square metre new public park is proposed at the southeast corner of the site.  

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 Official Plan and Zoning By-law. The proposal represents appropriate intensification, conforms with the Official Plan and is consistent with the Tall Building Design Guidelines. The proposal fits within the existing and planned context and includes eight affordable ownership units and a new public park.