Item - 2024.EY15.2

The Etobicoke York Community Council recommends that:

1. City Council amend the City of Toronto Official Plan for the lands at 955-975 Weston Road substantially-in-accordance with the draft Official Plan Amendment attached as Attachment 5 to the report (June 25, 2024) from the Director, Community Planning, Etobicoke York District.

2. City Council amend Zoning By-law 569-2013 for the lands at 955-975 Weston Road substantially-in-accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (June 25, 2024) from the Director, Community Planning, Etobicoke York District, including a Holding Provision for the following:

a. The owner or applicant, at their sole cost and expense, has submitted a revised Functional Servicing and Stormwater Management Report to demonstrate that the existing sanitary sewer system and watermain and any required improvements to them have adequate capacity and supply to accommodate the development of the lands to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

b. If the Functional Servicing and Stormwater Management Report accepted and satisfactory from a. above requires any new municipal infrastructure or upgrades to existing municipal infrastructure to support the development, then either:

i. The owner or applicant has secured the design, construction, and provision of financial securities for any new municipal infrastructure, or any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing and Stormwater Management Report, to support the development, in a financial secured agreement, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; or,

ii. The required new municipal infrastructure or upgrades to existing municipal infrastructure to support the development in the accepted and satisfactory Functional Servicing and Stormwater Management Report in a. above are constructed and operational, all to the satisfaction to the Chief Engineer and Executive Director, Engineering and Construction Services; and

c. All necessary approvals or permits arising from 2. b. i. or 2. b. ii. above are obtained, where required all to the satisfaction to the Chief Engineer and Executive Director, Engineering and Construction Services.

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, the owner shall convey to the City an on-site parkland dedication, having a minimum size of 1,292.4 square metres, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

5. City Council approve the acceptance of 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.

6. 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. 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.

7. City Council allow the owner to design, construct, and convey to the City, a minimum 465 square metres of community space ("Community Agency Space") to the satisfaction of the Chief Planner and Executive Director, City Planning, Executive Director, Social Development, Finance and Administration, Executive Director, Corporate Real Estate Management, and the City Solicitor, as part of the development, as an in-kind contribution pursuant to subsection 37(6) of the Planning Act, in accordance with the following terms:

a.  Prior to the earlier of condominium registration or first residential use of any residential unit on the site, the owner shall design, construct, and convey to the City, in an acceptable environmental condition, a minimum 465 square metres of Community Agency Space located on the first underground level of Building B with entrance at grade along Weston Road within approximately 50 metres of Lambton Avenue, and a minimum of four parking spaces, including one accessible parking space, located on the same level and with the shortest path of travel to a barrier free-entrance providing access to the Community Agency Space, to the satisfaction of the Chief Planner and Executive Director, City Planning, Executive Director, Corporate Real Estate Management, and the Executive Director, Social Development, Finance and Administration;

b. The Community Agency Space shall be delivered to the City in accordance with the City's Community Space Tenancy Policy and finished to Base Building Condition, with the terms and specifications to be secured in the In-kind Contribution Agreement to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning and the City Solicitor;

c. Concurrent with or prior to the conveyance of the Community Agency Space to the City, the owner and the City shall enter into, and register on title to the appropriate lands, an Easement and Cost Sharing Agreement for nominal consideration and at no cost to the City, that is in a form satisfactory to the City Solicitor; the Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement, and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the owner as they pertain to the Community Agency Space; and

d. The Community Agency Space will be provided in accordance with the terms to be set out in the In-Kind Contribution Agreement identified in Part 9 below to the satisfaction of the Chief Planner and Executive Director, City Planning.

8. City Council attribute a value to the in-kind contribution, set out in Recommendation 7 above, equal to 100 percent of four percent of the value of the land (net of any exclusions or exemptions authorized under the Community Benefits Charge By-law), as determined the day before the day the building permit is issued in respect of the development.

9. City Council authorize the Chief Planner and Executive Director, City Planning to enter into an agreement pursuant to the Planning Act (the "In-kind Contribution Agreement") to address the provision of the in-kind contribution identified in Recommendation 7 above to the satisfaction of the Chief Planner and Executive Director, City Planning, the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, and the City Solicitor, including that the owner will provide a Letter of Credit in an amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and conveyance of the Community Agency Space, to the satisfaction of the Executive Director, Social Development, Finance and Administration, and the Chief Financial Officer and Treasurer, and will be provided to the City prior to the issuance of the first above grade building permit for the development, to secure the Community Agency Space; and this amount shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto; with such agreement to be registered on title to the site, which agreement shall be evidence of arrangements for the provision of the in-kind contribution that are satisfactory to City Council.

10. City Council recommend that the Chief Planner and Executive Director, City Planning secure through the Site Plan Control process for the proposed development, pursuant to Section 114 of the City of Toronto Act, 2006, the following:

a.  Rail safety mitigation measures, recommended by JSW+ and JAP in the Derailment Protection Report and Crash Wall Project Report, dated December 2023 and updated April 2024, to be confirmed by the City's peer review process; and

b. Noise and vibration mitigation measures, recommended by SLR Consulting Ltd. In the Compatibility Mitigation Study, Air Quality, Noise and Vibration study, dated December 2022 and updated April 2024, to be confirmed by the City's peer review process.

The Etobicoke York Community Council held a statutory public meeting on July 15, 2024, and notice was given in accordance with the Planning Act.

This application proposes to amend the Official Plan and Zoning By-law to permit a mixed-use development with 984 residential units, a community space, and an on-site public park for the lands municipally known as 955, 965-969, 971 and 975 Weston Road.

The Official Plan Amendment proposes to redesignate the lands from Neighbourhoods to Mixed Use Areas and Parks. The proposed Zoning By-law Amendment would permit two residential towers with heights of 34 and 24 storeys, and a mid-rise mixed-use component wrapping around along the Weston Road frontage at a height of seven storeys, with a residential gross floor area of 60,687 square metres and 465 square metres of community space. The application also proposes an on-site parkland dedication of approximately 1,463 square metres, located at the intersection of Weston Road and Lambton Avenue.

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), conforms with the Official Plan and the vision outlined in the Mount Dennis Secondary Plan, which is currently under appeal, and is consistent with the City's guidelines.

The proposed development represents appropriate intensification in an area with planned higher-order transit, and is compatible with the planned context for the area. This report reviews and recommends approval of the application to amend the Official Plan and Zoning By-law, subject to a Holding Symbol (H).