Item - 2015.NY9.27

That City Council adopt the following recommendations contained in the report (September 18, 2015) from the Director, Community Planning, North District:

1.  City Council amend former Borough of East York Town of Leaside By-law No. 1916 for the lands at 42-46 Overlea Boulevard substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 13.

2.  City Council amend City of Toronto Zoning By-law No. 569-2013 for the lands at 42-46 Overlea Boulevard substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 14.

3.  City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendments as may be required.

4.  Before introducing the necessary Bills to City Council for enactment, require the Owner of the lands at 42-46 Overlea Boulevard to:

a.  Enter into an Agreement pursuant to Section 37 of the Planning Act, to be registered on title, to the satisfaction of the City Solicitor, to secure the following:

i.  a $650,000.00 cash payment to be used towards the cost of capital improvements that will benefit the community in the vicinity of Thorncliffe Park such as, parks, a community centre or recreational facility to the satisfaction of the General Manager, Parks, Forestry & Recreation in consultation with the local Councillor, to be paid prior to the issuance of the first above-grade building permit for the development, with such amount to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, calculated from the date of the registration of the Section 37 Agreement to the date of payment; and

ii.  alterations to the listed heritage building on the property including entering into a Heritage Easement Agreement with the owners in accordance with Section 33 of the Ontario Heritage Act to allow for the construction of the proposed retail warehouse facility.

The following matters are also recommended to be secured in the Section 37 Agreement in support of the development:

i.  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 in October 2009;

ii. the owner shall provide a financial guarantee in the form of an irrevocable letter of credit or certified cheque in the amount of $175,000.00 to the City of Toronto for installation of signal priority at five intersections on Overlea Boulevard, or in the vicinity of the site, with transit priority capability; and

iii.  the owner shall submit a revised Transportation Demand Management Plan to the satisfaction of the Director, Transportation Services, North York District.

b.  The owner shall provide written confirmation to the Director, Community Planning, North York District, formally withdrawing the Zoning By-law Amendment and associated Site Plan Control application filed in connection with the surface parking lot proposed north of Thorncliffe Park Drive.

As amended by the following:

a. Amending the Draft Zoning By-laws referenced in Recommendations 1 and 2 above to permit the proposed retail use save and except the gas bar portion of the proposal.

b. The application for such gas bar use be deferred for future consideration by North York Community Council and City Council until such time as a Traffic Impact Analysis (TIA) in the terms and conditions as outlined below has been undertaken and completed.

c. City Council direct that the Terms of Reference of the TIA be established by the General Manager, Transportation Services, in consultation with the local Councillor and the owner and shall include matters including but not limited to:

i. the scope of the study;

ii. the length of the study;

iii. the area to be studied;

iv. whether the site can accommodate any additional traffic that may be generated by the operation of a gas bar;

v. include any improvements as may be necessary to mitigate traffic impacts on public roads;

v. the TIA shall not commence prior to the completion of the first 6 months of operation of the proposed retail store and shall be conducted over a 12 month period; and

vi. the costs of the TIA and any improvements to mitigate traffic impacts shall be borne by the owner.

d. Notwithstanding the TIA and in the event a gas bar is deemed an acceptable use, in the future, the applicant shall be limited to no more than 12 fuel dispensing pumps.

e.  City Council request the applicant provide to the General Manager, Economic Development and Culture, during the first year of the operation, the number of Thorncliffe residents hired.

That North York Community Council recommend that:

1. City Council adopt the staff recommendations in the Recommendations Section of the report (September 18, 2015) from the Director, Community Planning, North York District with the following amendment:

a.  that the Draft Zoning By-laws referred to in Recommendation 1 and Recommendation 2 be further amended to permit a maximum of 12 fuel dispensing pumps.

2. City Council request that the applicant submit a transportation monitoring report, twelve (12) months after the opening of the proposed development, to confirm the impacts of automobile use against the safety and comfort of area residents and if required, implement mitigation measures to the satisfaction of the Director, Transportation Services, North York District.

3. City Council request the applicant to report to the General Manager, Economic Development and Culture, the number of Thorncliffe residents hired during the first year of operation.