Item - 2011.EY11.6

City Council on November 29, 30 and December 1, 2011, adopted the following:

1.         City Council amend the former City of Etobicoke Zoning Code for the lands at 1030 and 1040 Islington Avenue substantially in accordance with the draft Zoning By-law Amendment as described in the report dated October 17, 2011 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 Bills to City Council for enactment, City Council require the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:

a.         The community benefits recommended to be secured in the Section 37 Agreements are as follows:

i.          $100,000.00  cash contribution to the Land Acquisition Reserve Fund (XR10-12) towards the purchase of the land for the expansion of Fairfield Park, paid prior to the issuance of an above grade building permit, and indexed upwardly in accordance with the Non-Residential Construction Price Index for Toronto from the date of execution of the Section 37 Agreement to the date of payment; and

  ii.       $25,000.00 cash contribution towards improvements to Fairfield Park.

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

i.          Funding from the Owner for turning lane improvements required at the eastbound approach to Norseman Street and Islington Avenue;

ii.         The provision of noise attenuation measures as detailed in the Environmental Noise Feasibility Study dated June 2, 2011;

iii.        Agreement to permanently remove the existing drive-through facilities from the building at 1048 Islington Avenue if the current use (TD Bank) is changed; and

iv.        The Owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council at its meeting held on October 26 and 27, 2009 through the adoption of Item PG32.3 of the Planning and Growth Committee.

4.         Before introducing the necessary Bills to City Council for enactment, City Council require the applicant to:

i.          finalize the Functional Servicing Report to the satisfaction of the Executive Director of Technical Services; and

ii.          fulfill the following conditions related to the Ambient Air Quality Assessment Study (AAQAS) to the satisfaction of the Director, Community Planning, Etobicoke York District:

a.          a third-party Peer Review of the AAQAS for the City has been satisfactorily completed; and,

b.          written confirmation has been received from the proponent’s consulting engineer that the off-site mitigation measures recommended to support the development proposal, if any, have been completed, are operational and have been demonstrated to mitigate air quality and odour impacts to acceptable Ministry of the Environment requirements and/or other arrangements to achieve the outcome noted herein, including financial and implementation arrangements between the odour-emitting industry(s) impacting the development and the development proponent have been made, all to the satisfaction of the Director, Community Planning, Etobicoke York District.

5.         City Council direct that all additional cash-in-lieu of parkland funds collected as a result of the Alternative Parkland Dedication policy be directed to the Land Acquisition Reserve Fund (XR10-12).  

6.         In accordance with the delegated approval under By-law 229-2000, as amended, City Council be advised that the Chief Planner intends to approve the Draft Plan of Subdivision as generally illustrated on Attachment 4 to the report dated October 17, 2011 from the Director, Community Planning, Etobicoke York District, subject to:

a.         the conditions as generally listed in Attachment 9 to the report dated October 17, 2011 from the Director, Community Planning, Etobicoke York District which, except as otherwise noted, must be fulfilled prior to the release of the plan of subdivision for registration; and

b.         any such revisions to the proposed subdivision plan or any such additional modified conditions as the Chief Planner may deem to be appropriate to address matters arising from the on-going technical review of this development.