Item - 2014.EY34.2

Etobicoke York Community Council recommends that:

1.         City Council amend Zoning By-law 1088-2002, for the lands at 64 and 70 Cordova Avenue substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment 9 to the report (May 29, 2014) 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, 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 Agreement are as follows:

i.          Prior to issuance of an above grade building permit for Development Phase 1, the owner shall construct or provide financial security for enhanced streetscape and landscape treatments related to the construction of the proposed pedestrian connection to Islington Avenue to a minimum value of $250,000.

ii.         Prior to issuance of an above grade building permit for Development Phase 1, the owner shall provide a cash contribution in the amount of $150,000 towards the rehabilitation and upgrading of existing amenity space in Toronto Community Housing Corporation (TCHC) buildings at 4995 Dundas Street West and 57 Mabelle Avenue for use by TCHC tenants and approved community agencies delivering neighbourhood programming and other initiatives.

iii.       Prior to issuance of an above grade building permit for Development Phase 2, the owner shall provide a cash contribution in the amount of $250,000 towards construction of an external entrance feature to amenity space within the Toronto Community Housing Corporation buildings at 4995 Dundas Street West and 57 Mabelle Avenue to increase the public profile and access to the space for approved community agencies delivering neighbourhood programming and other initiatives.

iv.        Prior to issuance of an above grade building permit for Development Phase 3, the owner shall submit a cash contribution in the amount of $925,000 to be directed in consultation with the Ward Councillor as follows:

A.        The provision of a public art contribution in an amount no less than $350,000 in accordance with the City's Public Art Program; and

B.        The provision of a contribution towards the capital needs of child care facilities at the future YMCA facility to be located on the Westwood Theatre lands or as directed by Children’s Services staff; and/or

C.        The provision of off-site streetscape along Mabelle Avenue or Cordova Avenue, or improvements to Mabelle Park in accordance with the Etobicoke Centre Public Space and Streetscape Plan.

v.         The above noted cash contributions are to be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date of the Section 37 Agreement to the date the payment is made.

vi.        In the event the cash contributions referred to in Recommendation 3a. have not been used for the intended purpose within three (3) years of this By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose(s) is/are identified in the Toronto Official Plan and will benefit the community in the vicinity of the property.

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

i.          The owner shall design and construct a pedestrian connection including a staircase and accessible ramp from the Cordova Avenue right of way adjacent to the development to the Islington Avenue sidewalk in accordance with the following:

A.        Prior to issuance of an above grade building permit for Development Phase 1, the owner shall submit a financial security to the satisfaction of the Executive Director, Engineering and Construction Services to cover the costs of implementing the proposed staircase, including the relocation of municipal infrastructure, and any engineering review or inspection fees;

B.        The owner shall construct the pedestrian connection coincidently with Development Phase 1 being constructed and ensure that the existing pedestrian staircase from the site is open and accessible during construction and not decommissioned until such time as the new staircase is constructed and operational;

C.        The owner shall provide drawings for the relocation of the existing watermain and any other civil works required to construct the proposed pedestrian connection to the Executive Director, Engineering and Construction Services for review and approval;

D.        The owner shall be responsible for obtaining all required approvals from the Ministry of the Environment for watermain relocation and any other civil works required to construct the proposed pedestrian connection;

E.         The owner shall provide structural drawings and shoring drawings of the proposed pedestrian connection stamped by two Professional Engineers to the satisfaction of the Executive Director, Engineering and Construction Services;

F.         The owner shall excavate in the vicinity of the Cordova Avenue bridge in accordance with the City’s “Risk Management Requirements for Proposed Excavation adjacent to Gardiner Structures or City Bridges/Structures”; and

G.        The owner shall be required to certify that the retaining walls, stairs and ramps associated with the proposed pedestrian connection will be designed and constructed in accordance with the Geotechnical Investigation prepared by EXP Services Inc., dated April 19, 2013.

ii.         Prior to issuance of an above grade building permit for Development Phase 3, the owner shall convey a public access easement over the open space adjacent to Cordova Avenue to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor to facilitate access over the lands to the pedestrian connection to Islington Avenue.

iii.       The owner shall be required to certify that the recommendations of the Noise and Vibration Study prepared by HGC Engineering, dated September 4, 2012 have been implemented including:

A.        The provision of central air conditioning for all dwelling units in the buildings;

B.        The Sound Transmission Class (STC) requirements for glazing elements providing sufficient acoustical insulation of the indoor spaces;

C.        Exterior wall assemblies being verified to ensure noise transmitted through is negligible;

D.        Warning clauses are included in the property and tenancy agreements and offers of purchase and sale to inform future residents of traffic noise issues, the Canadian Pacific Railway right of way and the proximity of TTC operations at Islington subway station; and

E.         The inclusion of isolation measures against the south foundation wall for Development Phase 1 to mitigate vibration levels from train pass-bys.

iv.        The owner shall make arrangements to the satisfaction of the Executive Director, Engineering and Construction Services to convey to the City a 5.0-metre by 5.0-metre property triangle at the northeast corner of the subject site, and any required strips of land along the Mabelle Avenue and Cordova Avenue frontages of the site to accommodate the existing or redesigned Mabelle Avenue and Cordova Avenue sidewalks and connections to the pedestrian connection.

v.         The owner shall design and construct the following transportation facilities to the satisfaction of the Executive Director, Engineering and Construction Services:

A.        An extension to the existing left-turn storage lane at the west Mabelle Avenue approach (eastbound) to the Mabelle Avenue/Cordova Avenue unsignalised intersection to 40 metres in length, with a 15-metre taper;

B.        A 20-metre left-turn storage lane, with a 15-metre taper, at the south Cordova Avenue approach (northbound) to the Mabelle Avenue/Cordova Avenue unsignalised intersection; and

C.        A two way centre left turn lane on Mabelle Avenue, extending from Cordova Avenue to the west property limit of the subject site. The two way centre left turn lane to be formalized by means of a by-law.

vi.        The owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard.

This application proposes to amend the former City of Etobicoke Zoning Code for 64-70 Cordova Avenue to permit the construction of three residential apartment buildings of 45, 38 and 35 storeys in height above a two to three storey mixed use base building containing grade-related residential and retail uses.  The proposal includes 1,200 residential units and 711 m2 of retail space.  As part of this application, a pedestrian staircase and ramp located immediately adjacent and connecting the site to Islington Avenue is proposed as a major public realm improvement that would improve pedestrian circulation to and from Islington subway station for the Mabelle neighbourhood to the north and west of the subject site.

The proposal represents an appropriate intensification of an underutilized site within the Etobicoke Centre Secondary Plan area in close proximity to the Islington subway station.  The development fits within the existing context of tall buildings and conforms to the City's Tall Building Design Guidelines.  It provides an appropriate mix of uses for the site and reinforces the public realm through the provision of increased building setbacks along with grade related uses.

This report reviews and recommends approval of the application to amend the former City of Etobicoke Zoning Code.