Item - 2014.EY30.5

Etobicoke York Community Council recommends that:

1.         City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff to attend the Ontario Municipal Board hearing to oppose the appeal of the Zoning By-law Amendment application for 1926 Lake Shore Boulevard West, and to retain such outside experts as the City Solicitor may determine are required to support the position outlined in the report (December 6, 2013) from the Director, Community Planning, Etobicoke York District.

2.         City Council direct the City Solicitor to request the OMB, in the event the OMB allows the appeal and permits the requested additional height or density to:

A)        Secure the following community benefits as determined through consultation with the Ward Councillor's office and enter into an Agreement to secure these benefits, pursuant to Section 37 of the Planning Act:

A payment in the amount of $2,600,000 (indexed to reflect increases in the Construction Price Statistics between the date of the OMB Order and the delivery of such payment), for the following:

i)          $250,000 for restoration of stairs at Ormskirk Park;

ii)         $950,000 for capital improvements to High Park including but not limited to the restoration of the Howard Park Gates, restoration of the Colborne Lodge stairs and improvements to the public trails;

iii)        $100,000 to develop a City of Toronto Bike Share Program station in the surrounding neighbourhood in consultation with the local Councillor; and

iv)        $1,300,000 for the provision of non-profit childcare facilities in the local area.

B)        As a legal convenience, secure the following in the Section 37 Agreement to support the development with timing and phasing of delivery to be determined:

i)          Applicant shall design and construct a 1.7 m wide municipal sidewalk along the north side of Lake Shore Boulevard West to the satisfaction of the Executive Director of Engineering and Construction Services and the General Manager of Transportation Services and at no cost to the City;

ii)         Applicant shall design and construct an increased eastbound left turn storage lane at the Lake Shore Boulevard West and Ellis Avenue intersection having a length of 110 m with a 30 m taper including the provision of financial securities to guarantee this work, all to the satisfaction of the Executive Director of Engineering and Construction Services and the General Manager of Transportation Services and at no cost to the City;

iii)        Applicant shall modify the traffic signal timing at the Lake Shore Boulevard West and Ellis Avenue intersection to the satisfaction of the Executive Director of Engineering and Construction Services and the General Manager of Transportation Services and at no cost to the City; and

iv)        Applicant shall grant in favour of the City a 5 m wide exclusive use surface and above-grade easement along the north property line for highway maintenance purposes to the satisfaction of the Executive Director of Engineering and Construction Services and the General Manager of Transportation Services.

C)        Withhold its Order approving the Zoning By-law Amendment until:

a.         The Owner has entered into an Agreement under Section 37 of the Planning Act to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning to secure appropriate public benefits and that the Section 37 Agreement has been registered on title; and

b.         The OMB has been advised by the City Solicitor that the proposed Zoning By-law Amendment has been amended to include minimum bicycle parking space requirements, minimum loading space requirements and appropriate setbacks from the Gardiner Expressway as outlined in this report and is in a form satisfactory to the City.

3.         City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to the recommendations of this report.

The owner of the site at 1926 Lake Shore Boulevard West has appealed its Zoning By-law Amendment application to the Ontario Municipal Board (OMB) citing Council's failure to make a decision within the time required by the Planning Act.  A Pre-Hearing Conference is scheduled for March 4, 2014, at which time a hearing date will be scheduled.  The purpose of this report is to seek City Council's direction for the City Solicitor and appropriate City Staff to attend the OMB in opposition to the applicant's development proposal and appeal.

This application proposes to amend the former City of Toronto Zoning By-law 438-86 to permit the redevelopment of 1926 Lake Shore Boulevard West with two residential towers of 42 and 48 storeys connected by a 4 storey podium. The proposed development would contain 847 residential units and have a floor area of 77,840 m2, representing a Floor Space Index (FSI) of 17.45 times the lot area. 

The proposal is not supportable in its current form.   The height and massing of the proposed 42 and 48 storey buildings would affect the use and enjoyment of the adjacent parklands through excessive shadowing and an inappropriate transition in building heights and massing.