Item - 2024.EY14.3

The Etobicoke York Community Council recommends that:

1. City Council amend the Official Plan for the lands at 2400 Eglinton Avenue West substantially-in-accordance with the draft Official Plan Amendment attached as Attachment 7 to the report (May 14, 2024) from the Director, Community Planning, Etobicoke York.

2. City Council amend Zoning By-law 569-2013 for the lands at 2400 Eglinton Avenue West substantially-in-accordance with the draft Zoning By-law Amendment attached as Attachment 8 to the report (May 14, 2024) from the Director, Community Planning, Etobicoke York.

3. City Council authorize 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.

4. City Council approve that, in accordance with Section 42 of the Planning Act, prior to the issuance of the first above grade building permit for the first building within Phase 5, the owner shall convey to the City, an on-site parkland dedication, having a minimum size of 3,208 square metres, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

5. City Council approve the acceptance of the on-site parkland dedication, subject to the owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition in accordance with Official Plan policies in force and effect at the time of parkland conveyance to the satisfaction of the General Manager, Parks, Forestry and Recreation.

6. City Council approve that in accordance with Section 42 of the Planning Act, prior to the issuance of the first above grade building permit for the mixed-use building for Phase 1 and that is the subject of the Zoning By-law Amendment, the owner shall post Financial Security in the amount of the value of the parkland dedication owed for Phase 1 as appraised by the Executive Director, Corporate and Real Estate Management in the form of a Letter of Credit and such security shall not be released until the parkland is conveyed to the City in a manner satisfactory to the General Manager, Parks, Forestry and Recreation, or, the General Manager, Parks, Forestry and Recreation may elect, in 15 years' time following the issuance of the first above grade building permit for Phase 1, to draw on the Letter of Credit or to extend it; the Financial Security shall be paid in a form satisfactory to the City, and from the date the Financial Security is first paid to the City to such time as the parkland is conveyed to the City, be indexed annually in accordance with the appropriate Statistics Canada index, as secured through the Registration of Plan of Subdivision and all to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

7. Before introducing the necessary Bill to City Council for the enactment of the Zoning By-law Amendment, City Council require the applicant to ensure that the submitted Noise and Vibration Impact Study prepared by RWDI, dated January 28, 2021 along with a supplementary letter dated September 20, 2023, have been peer reviewed by a third-party consultant retained by the City at the owner's expense, and the owner agrees to implement any necessary control measures and recommendations identified by the peer reviewer, with the control measures to be secured through the Site Plan Control process, to the satisfaction of the Chief Planner and Executive Director, City Planning.

The Etobicoke York Community Council held a statutory public meeting on June 3, 2024, and notice was given in accordance with the Planning Act.

In 2021, the applicant submitted a Zoning By-law Amendment (ZBA) application for the development of a 35-storey mixed-use building in the southwest corner of the property in isolation, without specifying how the remainder of the site would develop over time. City Planning staff required a higher level planning framework to ensure a good fit and to ensure proper integration between the 2021 proposal and future developments on the site. In response to this, the applicant submitted an Official Plan Amendment (OPA) application in 2023.

The Official Plan Amendment application (23 210768 WET 05 OZ) proposes to amend Site and Area Specific Policy (SASP) 31 for the entire property at 2400 Eglinton Avenue West (Block A of Site and Area Specific Policy 31) in line with the goals of Official Plan Amendment 253, to provide further definition for the location of development blocks, public and private streets, a park, and phasing for the orderly development of the existing Westside Mall site over time. Phase 1 of the redevelopment includes the lands on the southwest corner of the site.

The Zoning By-law Amendment application (21 111665 WET 05 OZ) proposes to amend city-wide Zoning By-law 569-2013 for only the southwest corner of the property at 2400 Eglinton Avenue West (to realize Phase 1 of the SASP). The proposed zoning would permit a 35-storey mixed-use building with a residential Gross Floor Area (GFA) of 29,135 square metres, commercial Gross Floor Area of 1,300 square metres, and a total of 397 dwelling units. The overall height of the building would be 111 metres plus an additional five-metre mechanical penthouse. The proposal would include 73 vehicular parking spaces located in one level of underground parking, 798 square metres of indoor amenity space, 1,418 square metres of outdoor amenity space, and a 379 square metre Privately-Owned Publicly Accessible Space (POPS) located along the eastern side of the proposed building. Aside from the southwest corner of 2400 Eglinton Avenue West where this redevelopment would occur, the remainder of the Westside Mall including the existing commercial buildings, surface parking lot, drive aisles, and vehicular access from Eglinton Avenue West and Gabian Way are not changed with this Zoning By-law Amendment application.

The Official Plan Amendment and Zoning By-law Amendment will result in compatible redevelopment within the Mixed Use Areas designation with supportable building height, articulation, frontage, and setbacks in relation to the adjacent Eglinton Avenue West and Gabian Way rights-of-way. The redevelopment and intensification of the Westside Mall site is appropriate in view of the higher-order transit and related infrastructure that is currently under construction along the site's southern frontage associated with the Eglinton Crosstown. The proposed development will also support public investment in the nearby Caledonia Station and associated transit arrivals plaza.