Item - 2014.EY31.4

Etobicoke York Community Council referred this Item back to the Director, Community Planning, Etobicoke York District, and further:

1.         Requested City Planning staff to obtain a further report from the independent Environmental Consulting firm retained by the City; with conclusions and recommendations, and to comment and advise on any further revisions to the proposed policy framework and regulatory approvals as set out in the proposed Draft Modifications to the Official Plan Amendment No. 84, as it relates to other residential sites, for example:

             a.        Odour and Air Quality Assessment for the recently built “Options For Homes” three apartment towers, off Keele Street, and adjacent to the NRT site immediately to the north, where all the apartment buildings are higher than 16 m.

             b.        Odour and Air Quality Assessment for the existing TCHC buildings at 61 Pelham Park Gardens and Symington Place at 1884 Davenport Road, immediately to the east of the NRT site, where both apartment buildings are higher than 16 m.

             c.        Any assessment, comments, or recommendations should include and not be limited to: nuisance odours measured in odour units ("OU") that can be detected and show where it originates; and any receptor (on-site) mitigation measures.

             d.        Any other examples in other parts of the City, like the Long Branch Area, where “H” provisions have not been implemented, and how it relates to the St. Clair Avenue Study.

             e.        Proposed "at-receptor mitigation" alternatives that can be included in any "H" provisions or Official Plan Amendment, that better share the burden of mitigation fairly between any potential applicants for new development and the existing polluter, including alternatives that place the onus entirely on the polluter.

2.         Requested City Planning staff to ensure that the Environmental Consultant report also includes:

             a.        Any existing “regulatory standard” for odour levels or guidelines and how odour levels are identified or where it originates.

             b.        The regulatory standards or guidelines that are in place, where an average person would be able to perceive a difference between odour levels of building heights between 16 m. and 39 m. or how significantly different any "OU" are at higher heights compared to 16 m. height.

             c.        The reasonableness and practicability of the proposed Draft Modifications and “H” provisions from the community's perspective in terms of economic revitalization of the commercial strip that is in dire need.

3.         Directed City Planning staff to consult with businesses and residents on any further reports.

4.         Requested City Planning staff to give full consideration to the removal of the "H" provision as part of the report back to Etobicoke York Community Council.

This report recommends approval of a modification to Official Plan Amendment No. 84 related to the St. Clair Avenue Study for the segment of St. Clair Avenue West between Old Weston Road and Blackthorn Avenue / Spring Grove Avenue.  This is the remaining portion of the St. Clair Avenue Study (Bathurst Street to Keele Street) to be implemented and is the subject of an appeal to the Ontario Municipal Board by National Rubber Technologies Corporation.

In October 2009, City Council approved Official Plan Amendment No. 84 and Zoning By-law 1103-2009 to implement the findings and recommendations of the City-initiated St. Clair Avenue Study conducted for the segment of St. Clair Avenue West between Bathurst Street and Keele Street.  The area between Old Weston Road and Blackthorn Avenue / Spring Grove Avenue was originally included in the initial recommendations on the St. Clair Avenue Study.  Subsequent approved recommendations excluded the portions of the implementing Official Plan applying to the area and the area was excluded entirely from Zoning By-law 1103-2009 to permit staff to investigate potential odour impacts from a nearby industry on residential buildings that could be developed under the original proposed zoning with heights greater than 16 m.  This was done in response to a letter received from the solicitors for National Rubber Technologies Corporation (NRT) at 35 Cawthra Avenue, who advised that taller residential buildings along this segment of St. Clair Avenue West may be impacted by air emissions from the operation of this facility.

The Official Plan and Zoning By-law amendments were enacted by Council in October 2009 and appealed to the Ontario Municipal Board (OMB) by NRT.  The OMB has approved OPA No. 84 and Zoning By-law 1103-2009 for the St. Clair Avenue corridor between Bathurst Street and Blackthorn/Spring Grove Avenues.  However, the appeal to OPA No. 84 as it applies to the segment of St. Clair Avenue West between Old Weston Road and Blackthorn/Spring Grove Avenues remains outstanding.

The proposed modification to Official Plan Amendment No. 84 discussed in this report establishes a framework to address the concerns raised in the appeal by National Rubber Technologies while also facilitating redevelopment opportunities in the area.  The proposed modification establishes the policy framework for City Council to enact a Zoning By-law containing an "H" holding symbol and establishes the permitted height for residential development once the "H" holding symbol is removed.  The proposed modification will also establish all the requirements that must be met before City Council should lift the "H" holding symbol.  The proposed modification provides an appropriate policy framework to accommodate residential uses in proximity to employment uses and to guide development and promote intensification in keeping with the general intent and vision of the St. Clair Avenue Study.

Authorization is sought for City staff to attend the Ontario Municipal Board to settle the outstanding appeal to Official Plan Amendment No. 84 by supporting a modification to this Amendment which includes an area specific policy for the western segment of St. Clair Avenue West (Attachment 1).  Further direction is also sought to bring forward a Zoning By-law Amendment to implement the modification once it is approved by the OMB.

At its meeting of September 10, 2013 Etobicoke York Community Council deferred consideration of a Planning report (Item EY26.6) on the St. Clair Avenue Study between Old Weston Road and Blackthorn Avenue/Spring Grove Avenue and requested staff to hold a public consultation meeting on the proposed policy framework and regulatory approach set out in the Draft Modification to Official Plan Amendment No. 84 and report back with a revised Draft Modification that reflected comments gathered at the public consultation meeting.

In addition to holding a community consultation meeting, Planning staff also retained the firm of Golder Associates Limited, air quality specialists, to conduct a peer review of the proposed policy framework in the Draft Modification to Official Plan Amendment No. 84 to ensure the approach was reasonable and practical.

This reports provides a summary of the outcome and findings from the public consultation meeting and recommends staff report to the Etobicoke York Community Council meeting on February 25, 2014 on the outcome of the peer review process and any modifications to the proposed policy framework and regulatory approach.