Item - 2013.EY29.2

Etobicoke York Community Council recommends that:

1.         City Council amend the Official Plan for the lands at 3560, 3580 and 3600 Lake Shore Boulevard West substantially in accordance with the draft Official Plan Amendment attached as Attachment 8 to the report (November 1, 2013) from the Director, Community Planning, Etobicoke York District.

2.         City Council amend the former City of Etobicoke Zoning Code substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 9 to the report (November 1, 2013) from the Director, Community Planning, Etobicoke York District, with the draft Zoning By-law amended by adding the following Section 11(c):

             11(c)   Despite this provision, conditional permits may be issued to facilitate the construction of buildings at the discretion of the Chief Building Official.

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.         Before introducing the necessary Bills for enactment, City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act to secure the following matters as a legal convenience to support development:

a.         The owner shall file applications for Site Plan Control Approval that clearly include the following at-receptor mitigation measures identified in the Environmental Noise Update, prepared by Valcoustics Canada Limited, dated May 27, 2013:

i.          No rooftop amenity areas on Block 11 and the mid-rise apartment building (Block B4).

ii.         All rooftop amenity areas on Block 10 and 14 shall be protected with a 1.5 m high acoustic barrier.

iii.        No sensitive receptors (bedroom, living/dining room or kitchen windows, balconies or terraces) located on the west facing facades of Blocks 10 and 11.

b.         The owner shall include a noise and odour warning clause indicating the proximity of the subject lands to the Wakefield Canada Inc. manufacturing and warehouse facility located at 3660 Lake Shore Boulevard West in:

i.          any agreement of purchase and sale and/or lease of the site;

ii.          any disclosure statement in respect to any sale of condominium units proposed to be developed on the site; and

iii.         any declaration in respect of any condominium corporation to be created for any portion of the site.

c.         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 of October 26 and 27, 2009.

5.         In accordance with the delegated approval under By-law 229-2000, as amended, City Council be advised that the Chief Planner and Executive Director, City Planning, intends to approve the Draft Plan of Subdivision as generally illustrated on Attachment 3 to the report (November 1, 2013) from the Director, Community Planning, Etobicoke York District, subject to:

a.         The conditions as generally listed in Attachment 10 to the report (November 1, 2013) 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 and Executive Director, City Planning may deem to be appropriate to address matters arising from the on-going technical review of this development.