Item - 2024.EY10.1

The Etobicoke York Community Council recommends that:

1. City Council amend Zoning By-law 569-2013 for the lands at 2 and 10 East Mall Crescent substantially-in-accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (December 22, 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. Submit a revised Functional Servicing and Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services; and

b. 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 road infrastructure, should it be determined that upgrades to infrastructure are required to support this development according to the accepted Functional Servicing and Stormwater Management Report, and Traffic Impact Study.

4. City Council recommend to the Chief Planner and Executive Director, City Planning, that the following matters, among others, be addressed through Site Plan Control review for the proposed development, pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City as follows:

a. The owner shall construct and maintain two Privately-Owned Publicly Accessible Spaces (POPS) shown in Diagram 4 of the draft Zoning By-law Amendment attached as Attachment 5 to the report (December 22, 2023) from the Director, Community Planning, Etobicoke York District, in accordance with the following:

1. The owner shall convey, prior to Site Plan Control approval, surface easements in perpetuity over the Privately-Owned Publicly Accessible Spaces located generally at the southeast and southwest of the site to the City for nominal consideration, all to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the City Solicitor;

2. The construction of the Privately-Owned Publicly Accessible Spaces will be a post-approval condition of the Notice of Approval Conditions, to be secured as part of the Site Plan Agreement, all to the satisfaction of the Chief Planner and Executive Director, City Planning, and the General Manager, Transportation Services; and

3. The Privately-Owned Publicly Accessible Spaces will be fully accessible to the public, not gated from the street, available throughout the year (save and except for repairs or emergencies) and appropriately lit for safety after dark.

b. The owner shall consent, at their own cost, to a third-party peer review by the City of the Environmental Noise and Vibration Feasibility Study by Aeroacoustics Engineering Ltd., dated May 8, 2020, and Air Quality Assessment by RDWI, dated September 13, 2021, and shall implement the outcome of the peer review process to the satisfaction of the Chief Planner and Executive Director, City Planning;

c. The owner shall address recommendations in the Toronto Transit Commission memo, dated August 3, 2022, to the satisfaction of the General Manager, Transportation Services; and

d. The owner shall provide a revised Energy Strategy Report to the satisfaction of the Executive Director, Environment and Climate, and the Chief Planner and Executive Director, City Planning.

The Etobicoke York Community Council held a statutory public meeting on January 19, 2024, and notice was given in accordance with the Planning Act.

The application proposes to amend Zoning By-law 569-2013 for the lands at 2 and 10 East Mall Crescent to permit a mixed-use development consisting of a 33-storey tall building and a nine-storey mid-rise building component, both connected by a four-storey base building. A total gross floor area of 40,550 square metres including 350 square metres of retail at grade, 606 residential units, and a floor space index of 4.3 times the lot area are proposed.

This report reviews and recommends approval of the application to amend the Zoning By-law.