Item - 2017.EY26.10

Etobicoke York Community Council recommends that:

1.  City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff to attend the OMB hearing on 3415-3499 Weston Road in support of the revised proposal outlined in the report (November 8, 2017) from the Director, Community Planning, Etobicoke York District.

2.  In the event that the OMB allows the appeals, in whole or in part, City Council directs the City Solicitor to request that the OMB withhold its Order(s) approving the Official Plan and Zoning By-law Amendments until such time as the City Solicitor, in consultation with the Acting Chief Planner and Executive Director, City Planning and the owner has provided draft by-laws to the OMB in a form and content to the satisfaction of the Director, Community Planning, Etobicoke York District, and pending:

a.  Confirmation from the City Solicitor that the owner has submitted to the General Manager of Transportation Services for review and acceptance, a Traffic Impact Study (TIS) addendum to confirm that any signal timing changes for the "future background" scenario must be modified accordingly and must be determined whether these timing changes also apply to the "future total" scenario.  Also, this addendum must address whether the existing road network can support the proposed development and whether improvements to the existing road network are required.

b.  Confirmation from the City Solicitor that the owner has submitted to the Chief Engineer and Executive Director, Engineering and Construction Services for review and acceptance, a revised Functional Servicing Report to include the groundwater findings of the geohydrology assessment and confirm whether or not the receiving sewer system has the capacity to accommodate groundwater and the flows anticipated to be generated by the development.

c.  Confirmation from the City Solicitor that the owner has submitted an Environmental Noise and Vibration Impact Study addendum to be peer reviewed.  This addendum would provide better quality images (used as figures) and details to interpret the findings of the study and determine the appropriate mitigation measures.

d.  Confirmation from the City Solicitor that the owner has entered into an Agreement under Section 37 of the Planning Act to secure the following facilities, services and matters at the owners expense:

i.  Prior to the issuance of the first-above grade building permit, the owner shall pay to the City the sum of $1,000,000.00 to be used in the Emery Village Secondary Plan Area and allocated towards:

a.  the construction of the First Nations Park;

b.  parks and open space improvements;

c.  significant corner and gateway features along Finch Avenue West;

d.  path(s) through the abutting hydro corridor to Emery Village Collegiate Institute; and

e.  potential pedestrian connections (bridges).

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

iii.  In the event the cash contribution noted in Part 2.d.i. above, has not been used for the intended purpose within three (3) years of the 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.

iv.  The owner shall undertake any ultimately-approved traffic control signal timing adjustments and additional phases, including any hardware modifications, required at the Finch Avenue West/Weston Road signalised intersection to facilitate forecast traffic to Phase 2 of the subject development, which shall be completed to the satisfaction of the General Manager of Transportation Services.

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

-  The owner shall provide, at its own expense, a minimum of approximately 2,500 m2 of privately-owned publicly-accessible space (POPS) and public access easements to and over the POPS for members of the public as part of Phase 3 and/or Phase 4 of the development.  The public access easements are to be conveyed to the City for nominal consideration and are to be free and clear of all physical and title encumbrances.  The owner shall own, operate, maintain and repair the POPS.  The owner shall install and maintain a centralized sign, at its own expense, stating that members of the public shall be entitled to use the POPS from 6:00 a.m. to 12:01 a.m. 365 days of the year.

-  The owner shall provide 4,000 square feet (2,000 square feet at nominal rent and 2,000 square feet at market rent) of indoor Community Space for an Alternative Community Use as outlined in the Consent Agreement registered on title on June 15, 2009, as instrument number AT2094299.  An additional 1,000 square feet of Community Space shall also be provided at nominal rent.  All 5,000 square feet of the Community Space is to be contiguous and provided on the ground level of Building K.

-  The owner make satisfactory arrangements with Engineering and Construction Services staff and enter into the appropriate financially secured development agreement with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the accepted Functional Servicing Report and Traffic Impact Study accepted by the Chief Engineer and Executive Director, Engineering and Construction Services.

-  The owner shall construct and maintain the development in accordance with the accepted Environmental Noise and Vibration Impact Study addendum to secure appropriate mitigation measures.

-  The owner shall construct and maintain the development in accordance with the accepted Electromagnetic Interference Survey prepared by Brosz Technical Services dated March 20, 2017 and the assessment/EMF management plan to secure mitigation measures.

-  The owner shall design and construct a 1.7 m wide municipal sidewalk along the south side of Zappacosta Drive (Street A) and the east side of Vena Way (Street B), all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager of Transportation Services and at no cost to the City.  In addition, a pedestrian access to the hydro corridor (to later connect with path(s) to Emery Village Collegiate Institute) shall be provided.

-  The owner shall provide, prior to the issuance of the first above grade building permit, a public art contribution in accordance with the City's Percent for Public Art Program for a value not less than one percent of the gross construction cost of all buildings and structures on the lands to be paid at time of first building permit.  Public Art shall be implemented as per the 2005 Public Art Plan and be in keeping with the Emery Village Heritage and Cultural Plan (BIA's Heritage Interpretation Plan).

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

3.  In the event the OMB allows the appeals, in whole or in part, City Council direct the City Solicitor to request that the OMB withhold its Order on the Site Plan Control application pending the following matters being addressed:

a.  The Conditions of Site Plan Approval being finalized to the satisfaction of the Acting Chief Planner and Executive Director, City Planning; and

b.  The owner entering into and registering a Site Plan Agreement pursuant to Section 114 of the City of Toronto Act, 2006 with such Agreement to include the Conditions of Site Plan Approval.

4.  City Council authorize the City Solicitor to introduce the necessary bill in Council to authorize a site specific exemption from subsection 25A of Municipal Code Chapter 415, Development of Land, to direct that the cash-in-lieu of parkland funds be allocated to the immediate community, to go towards the projects referenced in Recommendation 2.d.i, Parts a and d, being the construction of the First Nations Park and path(s) through the abutting hydro corridor to Emery Village Collegiate Institute.

5.  City Council authorize the City Solicitor and other City staff to take such actions as are required to implement the above recommendations.

The owner of the site at 3415 - 3499 Weston Road and 2345 Finch Avenue West has appealed the Official Plan and Zoning By-law Amendment, Lifting of the (H) Holding Symbol and Site Plan Control applications (File Numbers 15 266555 WET 07 OZ, 15 266570 WET 07 OZ and 17 157361 WET 07 SA) for these lands to the Ontario Municipal Board (OMB) citing City Council's failure to make a decision on the applications within the time period prescribed under the Planning Act.

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 in support of a revised proposal (received on March 17, 2017) as outlined in this report.  A hearing date at the OMB has not yet been scheduled.

These applications are for Phase 2 of a four phased development comprised of 10 buildings, currently planned to contain approximately 1,717 residential units and 4,459 m2 of commercial floor area (see Attachment 1:  Master Site Plan).

Based on the revised application received on March 17, 2017 the proposed Phase 2 development is for a total of 514 rental apartment units in two towers.  The development would be comprised of a 30-storey (Building J) and a 26-storey (Building K) tower connected by a 3 to 4-storey podium.  A total of 186 m2 of non-residential space is proposed on the ground floor.  This development would have a Floor Space Index of 7.0 times the area of the Phase 2 lands.

The proposed development would implement the Official Plan by providing for growth and a mix of uses in a Mixed Use Areas designation consistent with the Provincial Policy Statement and in conformity to the Growth Plan.  The proposed mixed use rental apartment buildings would enhance the streetscape along the new public streets, Zappacosta Drive (Street A) and Vena Way (Street B).  These residential buildings would allow for intensification of the site without undue negative impacts on the surrounding neighbourhoods.  The proposed development would integrate well with the planned and existing built form context of the neighbourhood and would contribute towards implementing the vision of the Emery Village Secondary Plan.