Item - 2023.EY7.3

The Etobicoke York Community Council recommends that:

1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands 5, 7 and 9 Jopling Avenue South substantially-in-accordance with the draft Zoning By-law Amendment attached as Attachment 7 to the report (August 30, 2023) 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 Bill to City Council for enactment, City Council require the owner to:

a. provide an acceptable Tenant Relocation and Assistance Plan for tenants of the existing one rental dwelling unit proposed to be demolished, addressing financial compensation and other assistance to lessen hardship, satisfactory to the Chief Planner and Executive Director, City Planning; and

b. provide a legal undertaking to the City, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, to secure the implementation of the Tenant Relocation and Assistance Plan required in Part 3. a. above.

4. City Council request the Chief Planner and Executive Director, City Planning to secure the following as conditions in the Site Plan Agreement to the satisfaction of the Chief Planner and Executive Director, City Planning:

a. Prior to Site Plan Control approval, the owner must provide a Functional Servicing Report that is acceptable to the Chief Engineer and Executive Director Engineering and Construction Services;

b. Prior to Site Plan Control approval, the owner, if applicable, enter into a financially secured agreement with the City, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, for the construction of improvements, as identified in the Functional Servicing Report, that may be required to the City’s storm, sanitary and sewer infrastructure;

c. Prior to Site Plan Control approval, if applicable, the owner must obtain all necessary approvals to proceed with the required improvements, as described above have been issued, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

d. Prior to the issuance of full building permit, the owner must complete the construct all required improvements, as noted in the accepted Functional Servicing Report, if required, and ensure they are operational.

5. City Council amend City of Toronto Municipal Code, Chapter 925, Permit Parking in order to prevent the residents of, visitors to, or tradespersons at 5, 6 and 9 Jopling Avenue South from obtaining a parking permit.

6. City Council request that the Chief Planner and Executive Director, City Planning include the following as a Site Plan approval condition:

a. the Owner shall insert the following advisory into all agreements of purchase and sale or agreements to lease and condominium declaration document(s) for each affected residential unit within the development:

Purchasers acknowledge and agree that purchasers or residents of the development will not be eligible for on street-parking permits under the City of Toronto Municipal Code. Purchasers agree that, despite the status or availability of on-street parking permits for residents in the development area as of the date of this document, the availability of on-street parking permits in the development area for the purchasers or residents of the development may, at the discretion of City of Toronto Council, be modified, amended or removed at any time in accordance with the City of Toronto Act, 2006, as amended from time to time and its successors, and the City of Toronto Municipal Code.

7. City Council request the Chief Planner and Executive Director, City Planning or designates to continue working with the applicant to secure additional bike parking spaces, vehicle parking spaces, bike share stations, and car share spaces through the site plan control review process for the subject site.

The Etobicoke York Community Council held a statutory public meeting on September 18, 2023, and notice was given in accordance with the Planning Act.

This application proposes to amend the Zoning By-law to permit a 39-storey mixed-use development consisting of 434 dwelling units and 250 square metres of retail space on the ground floor at 5, 7 and 9 Jopling Avenue South. The total proposed gross floor area is 26,990 square metres.

The proposed mixed-use building represents a level of intensification that can be supported within the Etobicoke Centre as its tall building form is compatible with the existing and planned context, and it is very close to the Kipling Transit Hub.