Item - 2016.EY15.6

Etobicoke York Community Council recommends that:

1.  City Council repeal By-law No. 379-2015 for the lands located at 2 Station Road.

2.  City Council re-instate the R3 – Third Density Residential zone of the former City of Etobicoke Zoning Code for the lands at 2 Station Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 2 to the report (May 18, 2016) from the Director, Community Planning, Etobicoke York District.

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

Etobicoke York Community Council held a statutory public meeting on June 14, 2016, and notice was given in accordance with the Planning Act.

At its meeting of July 8, 2014 City Council approved a proposal for the adaptive re-use of the heritage building, the Wesley Mimico United Church, at 2 Station Road.  The application proposed a multi use facility including a new worship area, community uses and 30 seniors apartments.  Part 6 of City Council's decision stated that if the development did not proceed within five (5) years from the passage of the Bills by City Council, the site specific Zoning By-law Amendment would be null and void and new plans and drawings for the development of the site must be submitted to the City of Toronto for approval.

The execution of a Section 37 Agreement was required prior to the Bills being submitted to City Council.  The Section 37 agreement was executed on March 31, 2015 and City Council adopted By-law No. 379 -2015, a site specific zoning amendment for the property.  The Section 37 Agreement and Heritage Easement Agreement provided that should the City receive notice in writing from the developer that the proposal would not proceed, the Section 37 Agreement and the associated Heritage Easement Agreement would be terminated and the Zoning By-law provisions applicable to the site on the day immediately prior to the passing of the Amending By-law could be restored by City Council.

On January 24, 2016, the applicant provided the City with written notice that the project, as approved, would not proceed, and the owners waived the 90 day period for the termination of the Section 37 Agreement and the Heritage Easement Agreement.

This report recommends that Zoning By-law No. 379-2015 be repealed consistent with the terms of the Section 37 Agreement and the R3 – Third Density Residential zone in the former City of Etobicoke Zoning Code be restored.