Item - 2015.EY7.1

Etobicoke York Community Council recommends that:

1.  City Council direct the City Solicitor and other appropriate City staff to attend the Ontario Municipal Board hearing to oppose the appeal of the Official Plan and Zoning By-law Amendment application at 251 Manitoba Street (Application Number 13 253075 WET 06 OZ) in its current form.

2.  City Council authorize City staff to continue discussions with the applicant to negotiate an appropriate development proposal for these lands.

3.  In the event the Ontario Municipal Board allows the appeal in whole or in part, City Council direct the City Solicitor to request the Ontario Municipal Board to withhold its Order approving the Official Plan and Zoning By-law Amendments until:

a.  The owner submits, to the satisfaction of the Executive Director, Engineering and Construction Services, an updated Functional Servicing and Stormwater Management Report.

b.   Arrangements have been made for the environmental remediation, design and partial construction of Legion Road North, at grade from south of Manitoba Street to the Canadian National Railway limit and ending in a cul-de-sac, subject to the owner submitting the Ministry of the Environment's Letter of Acknowledgement of filing the Record of Site Condition (RSC) confirming that the RSC has been prepared and filed in accordance with O.Reg 153/04, as amended, all to the satisfaction of the Executive Director, Engineering and Construction Services.

c.  The owner submits adequate information to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Executive Director Building and Chief Building Official to confirm that Official Plan Policy 3.4.23 has been satisfactorily addressed.

d.  The owner agreeing to design and construct a 2.1 m wide municipal sidewalk along the south side of Manitoba Street 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.

e.  The owner submits a detailed wind tunnel or computational study complete with a statistical wind analysis to the satisfaction of the Director, Community Planning, Etobicoke York District.

f.  The owner enters into an Agreement under Section 37 of the Planning Act to secure the following facilities, services and matters at the owner's expense:

i.  An appropriate Section 37 community benefit contribution be made as discussed in the report (May 28, 2015) from the Director, Community Planning, Etobicoke York District.

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

-  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.

-  The owner shall construct and maintain the development in accordance with the Noise and Vibration Impact Study, dated July 25, 2014, prepared by J.E. Coulter Associates Limited, which identifies that:  warning clauses in offers of purchase and sale are required for all residential units; spandrel panels and non-functional through-the-wall grille assemblies along the south, east and west facades must be installed; and a minimum 1.8 m high solid acoustic screen, along the south limit, must be provided to protect the at-grade outdoor amenity area associated with the proposed development.

-  The owner shall satisfy the requirements of the Toronto District School Board regarding warning clauses and signage with respect to school accommodation issues.

-  The owner shall enter into a financially secured Development Agreement for the construction of any improvements to the existing municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development.

4.  City Council request City Legal staff to request the Ontario Municipal Board to impose the following condition on the Applicant:

- The Applicant to accommodate a location for a Zip Car or similar service on site for 20 years.

5. City Council request City Legal staff to request the Ontario Municipal Board to require the proponent to bring the parking requirements into compliance with the Etobicoke Zoning Code or the Harmonized By-law, whichever parking requirements are higher.

6.  In the event the Ontario Municipal Board allows the appeal in whole or in part, City Council authorize the City Solicitor to request the Ontario Municipal Board to withhold any final orders approving the Official Plan and Zoning By-law Amendments until such time as the City and the owner have presented to the Board draft by-laws for the Official Plan and Zoning By-law Amendments and the owner has entered into and registered a Section 37 Agreement to the satisfaction of the City Solicitor, that includes provisions for the community benefits noted in Part 3 above.

7.  City Council direct City staff to prepare and submit an Official Plan Amendment for the City-owned lands to the west of the subject site (130 Algoma Street) to redesignate them from Apartment Neighbourhoods to Parks and Open Space Areas.

The applicant has appealed the Official Plan and Zoning By-law Amendment application to the Ontario Municipal Board (OMB) citing Council's failure to make a decision within the time period prescribed under the Planning Act.  A Pre-Hearing Conference is scheduled for July 8, 2015, to set the parameters and the future date of the OMB hearing.

This application proposes to amend the Official Plan and Site Specific Zoning By-law Number 174-2003, to permit the redevelopment of the lands at 251 Manitoba Street (Parcel 'F') with a 48-storey mixed use building containing 548 apartment units and a total of 108 m2 of ground floor retail space.  The proposed development would have a 640 space, 4 level underground parking garage and a Floor Space Index of 4.8 times the area of the lot. 

The purpose of this report is to seek City Council's direction for the City Solicitor and other appropriate City staff to attend the Ontario Municipal Board hearing to oppose the application, as currently proposed by the applicant.

It is staff's opinion the proposal represents an over-development of the site.  The proposed building height, density and increase in the dwelling unit count are not in keeping with the planned vision for the former McGuiness Distillery industrial lands known as the 'Mystic Pointe' community.