Item - 2018.EY29.2

City Council considered Items EX33.2 and EY29.2 together.

Etobicoke York Community Council recommends that:

1.  City Council amend the former City of Etobicoke Zoning By-law 864-2007 for the lands at 555 Rexdale Boulevard (Grandstand) substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment No. 9 to the report (March 19, 2018) from the Director, Community Planning, Etobicoke York District.

2.  City Council amend the former City of Etobicoke Zoning By-law 864-2007 for the lands at 555 Rexdale Boulevard (Gaming District) substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment No. 10 to the report (March 19, 2018) 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 Amendments as may be required.

4.  City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of any Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation. The development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

5.  City Council request the Chief Planner and Executive Director, City Planning to include and secure the following matters and/or conditions in the Subdivision Agreement for the lands:

 
a.  Prior to the registration of Phase 1, the Community Benefits Agreement shall be executed by all necessary parties, attached to the Subdivision Agreement as a schedule, and be in good standing to the satisfaction of the City Manager.
 

b.  The Community Benefits Agreement shall apply to all lands permitting a Gaming Establishment, including Blocks 10, 11, 12 and 14 within the Plan of Subdivision and lands subject to the Draft Zoning By law for the Grandstand (attached as Attachment No. 9 to the report (March 19, 2018) from the Director, Community Planning, Etobicoke York District).

 
c.  Prior to site plan approval on Blocks 10, 11, 12 and 14, or any other land within the Subdivision Agreement where a Gaming Establishment is permitted, the Community Benefits Agreement shall be in good standing to the satisfaction of the City Manager.

d.  Any lease agreement entered into by the owner for lands within the Draft Plan of Subdivision area that permits a Gaming Establishment, as defined in the enabling Zoning By-law, shall include a provision indicating that the lessee shall assume the requirements and responsibilities of the Community Benefits Agreement.

 
e.  Block 9 (Woodbine Square) shall be developed concurrently with the development of Block 10 (Gaming District).  Such obligation to be secured with a financial guarantee in an amount satisfactory to the Chief Planner and Executive Director, City Planning and in consultation with the City Solicitor, and in the form of a Letter of Credit to the satisfaction of the City Solicitor.  The Letter of Credit is to be submitted upon execution of the Subdivision Agreement.

 
f.  The development of Block 9 (Woodbine Square) shall include, at minimum, a walking ring, landscaping, five (5) buildings and any required servicing or transportation improvements as proposed in the February 23, 2018 submission of the Woodbine Square Site Plan Control application (File No: 18 117779 WET 02 SA) and/or any revisions approved and satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services and the Chief Planner and Executive Director, City Planning.
 

6.  Before introducing the necessary Bills to City Council for enactment for the Grandstand and the Gaming District, City Council pass a resolution in support of expanded gaming at Woodbine Racetrack (555 Rexdale Boulevard) as required under Ontario Regulation 81/12.

7.  Before introducing the necessary Bills to City Council for enactment for the Grandstand and the Gaming District, City Council require the owner and/or Service Provider (OGGLP) to:

a.  Submit a proposal for the development and construction of Block 9 (Woodbine Square) to the satisfaction of the Chief Planner and Executive Director, City Planning and in consultation with the City Solicitor.  Details of such proposal to be outlined and reviewed in a Supplementary Report to the Etobicoke York Community Council by the Director, Community Planning, Etobicoke York District.

 
b.  Enter into a Community Benefits Agreement to secure the community benefits required to support expanded gaming at Woodbine Racetrack (555 Rexdale Boulevard).

 
c.  Enter into a Subdivision Agreement for the lands shown on the Draft Plan of Subdivision (Attachment 3 to the report (March 19, 2018) from the Director, Community Planning, Etobicoke York District) to the satisfaction of the City Solicitor.

 
d.  Obtain Notice of Decision under S.51(37) of the Planning Act for the Draft Plan of Subdivision (approved subject to conditions) including a phasing plan acceptable to the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services.
 

e.  Submit an updated Traffic Impact Study for each block showing required traffic improvements to support the development to the satisfaction of the General Manager, Transportation Services.

 
f.  Submit functional plans for roads and road improvements to the satisfaction of the General Manager, Transportation Services.

 
g.  Provide documentation from a solicitor which certifies what the easements that apply to the site are for and whether they will still be required as a result of the development proposal to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services and the City Solicitor.

 
h.  Submit to the Chief Engineer and Executive Director, Engineering and Construction Services for review and acceptance, a Functional Servicing Report to determine the storm water runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the ultimate build out of the proposed development, as shown in Attachment 3 to the report (March 19, 2018) from the Director, Community Planning, Etobicoke York District.
 

i.  Make satisfactory arrangements with Engineering and Construction Services and enter into the appropriate 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 and the General Manager, Transportation Services.

 
8.  In accordance with the delegated approval under By-law 229-2000, as amended, City Council recommend that the Chief Planner and Executive Director, City Planning withdraw the approval of the previous Draft Plan of Subdivision application (File No. 07 116449 WET 02 SB) issued under Notice of Decision dated July 31, 2009 once the current Draft Plan of Subdivision application (File No. 17 158705 WET 02 SB) has been approved.

9.  In accordance with the delegated approval under By-law 229-2000, as amended, City Council be advised that the Chief Planner and Executive Director, City Planning intends to approve the Draft Plan of Subdivision as generally illustrated on Attachment 3 to the report (March 19, 2018) from the Director, Community Planning, Etobicoke York District, subject to:

a.  The conditions as generally listed in Attachment 13 to the report (March 19, 2018) from the Director, Community Planning, Etobicoke York District, which except as otherwise noted must be fulfilled prior to final approval and the release of the Plan of Subdivision for registration.

b.  Any such revisions to the proposed subdivision plan or any such additional modified conditions as the Chief Planner and Executive Director, City Planning may deem to be appropriate to address matters arising from the on-going technical review of this development.

10.  City Council request the Ministry of Municipal Affairs and Housing to remove the Provincial Minister's Zoning Order filed as Ontario Regulation 688/98, once the Zoning By-law Amendments in Parts 1 and 2 above, are in full force and effect.

Kathryn Thom, Senior Planner, gave a presentation to the Etobicoke York Community Council respecting the Zoning By-law Amendment and the Draft Plan of Subdivision Applications - 555 Rexdale Boulevard.

Etobicoke York Community Council held a statutory public meeting on April 4, 2018, and notice was given in accordance with the Planning Act.

Woodbine Entertainment Group (WEG) has submitted two applications to amend the former City of Etobicoke Zoning Code to permit expanded gaming on the Woodbine Racetrack lands: one for the existing grandstand building; and one for a new Gaming District to be located to the northeast of the existing grandstand.  These applications propose amendments to existing site specific Zoning By-law 864-2007 to add live table gaming as a permitted use at 555 Rexdale Boulevard. All other land use permissions would remain unaltered, however minor technical amendments are proposed for the performance standards in the Gaming District as they relate to parking. 

In addition to the two rezoning applications, a Draft Plan of Subdivision application has also been submitted.  The Draft Plan of Subdivision would establish a framework for public roads and services and would create development blocks for WEG's Phase 1 lands to facilitate the development of the Gaming District, associated uses and an integrated entertainment complex, as well as other uses.

Both the Zoning By-law Amendment applications and the Draft Plan of Subdivision application implement the approved and in force Official Plan policies on the site.

This report reviews and recommends approval of the applications to amend the Zoning By-law. The addition of live table games into the current gaming framework on the lands is appropriate as live table games are considered to be compatible with the existing gaming uses and the addition of live table games would not materially alter the use of the lands.

This report also advises that the Chief Planner and Executive Director, City Planning may approve the proposed Draft Plan of Subdivision.

In 2015, City Council approved, in principle, expanded gaming at Woodbine Racetrack subject to the Service Provider (Ontario Gaming Group – Limited Partnership, OGGLP) meeting 21 conditions.  This report also provides commentary on 12 of the 21 conditions that are relevant to the planning applications submitted for the site.  As directed by City Council in 2015, a report by the City Manager on the fulfillment of all 21 conditions is to be considered by Executive Committee in Q2 2018 and both reports will be considered together by City Council. 

In summary, staff provide the following comments on the 12 conditions relevant to the planning applications.  Further details on these responses are presented in Attachment 11 to this report.

Condition 1:  Expanded gaming is to occur within the context of an integrated entertainment complex to be built concurrently.

It is the opinion of staff this condition is not fully satisfied as a commitment to build concurrently has not been received as of the date of this report.  Staff have reviewed the condition for integration based on the submitted applications from two perspectives: integration with the existing Grandstand and racetrack; and integration across the site. Staff are of the opinion that integration on the site will be achieved through the development of Woodbine Square (Block 9), the Gaming District (Block 10) and the introduction of public roads and facilities on the site. 

While this has been discussed between staff and Woodbine Entertainment Group, they have yet to provide a timeline or commitment for the development of Woodbine Square (Block 9).  This does not satisfy City Council's condition that the integrated entertainment complex be built concurrently with the expanded gaming facility. It is however, the opinion of staff this condition could be fully satisfied through the following conditions:

-  The finalization of the Draft Plan of Subdivision application and the Site Plan Control applications for Woodbine Square (Block 9) and the Gaming District (Block 10) providing for an integrated entertainment complex and the provision of public roads and a public park;

-  The Subdivision Agreement including a condition requiring Block 9 and Block 10 to be built concurrently and a financial guarantee to be submitted to secure the obligation; and

-  The submission of a proposal for the timing of the development and construction of Woodbine Square (Block 9) in keeping with City Council's requirement for concurrent development with expanded gaming on Block 10.  This would include a walking ring, landscaping, five (5) buildings and any required servicing or transportation improvements as proposed in the February 23, 2018 revised submission of the Woodbine Square Site Plan Control application (File No: 18 117779 WET 02 SA) and/or any revisions approved and satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services and the Chief Planner and Executive Director, City Planning.  Once submitted, the details of the proposal would be outlined and reviewed in a Supplementary Report to Etobicoke York Community Council by the Director, Community Planning, Etobicoke York District.

Condition 2:  The Service Provider's development plan to build upon and support the international calibre racetrack.
 

It is the opinion of staff the planning and land use conditions in this regard have been satisfied.  The Site Plan Control application submitted by the Service Provider (OGGLP) provides connections between the gaming facility and the existing grandstand.  In addition, the site plan illustrates two hotels, restaurants, lounges and an owners club to be located to take advantage of views over the racetrack, offering new opportunities to support the racetrack activities. Further information on how the Service Provider (OGGLP) will meet this obligation from an operations perspective will be outlined in the City Manager's report.

Condition 3:  The Service Provider's development to include appropriate and supportable levels of retail and other amenities.

It is the opinion of staff this condition has been satisfied.  Opportunities for retail uses have been provided within the gaming facility and along Street C in the Gaming District (Block 10).  The development of Woodbine Square (Block 9) would provide additional retail opportunities.

Condition 4:  The Service Provider's proposal is to conform with the City's Official Plan respecting planning, development and design.

It is the opinion of staff this condition has been satisfied.  The Site Plan Control applications provide an appropriate urban form, high quality architecture, creation of landmarks, enhanced public realm, provide linkages with and between open spaces and a development and design that is appropriate to the context.  In addition, a condition of the Draft Plan of Subdivision Approval would require the owner and/or Service Provider to participate in the City's Percent for Public Art Program.

Condition 5:  The Service Provider's proposal is to include Urban Design considerations to achieve urban streets and blocks connecting to the surrounding area, create a comfortable and attractive pedestrian environment, provide open space and upgrade green surface parking areas.

It is the opinion of staff this condition has been satisfied.  The Site Plan control applications submitted by the Service Provider (OGGLP) and WEG are consistent with the Draft Woodbine Development Phase 1 Urban Design Guidelines.

Condition 6:  The Service Provider's design is to be consistent with feedback from the City's Design Review Panel.

It is the opinion of staff the Service Provider is satisfying this condition.  A presentation was made to the City's Design Review Panel on November 24, 2017 on the vision for the site and the Gaming District.  The feedback and comments from this presentation have been used to develop and refine the plans for the Site Plan Control application.  The Service Provider (OGGLP) has submitted a Site Plan Control application and the proposal is scheduled to be presented to the Design Review Panel on May 10, 2018.  Any further comments and feedback would be included in future revised submissions.

The Site Plan Control application submitted by Woodbine Entertainment Group for Woodbine Square (Block 9) has not yet been scheduled for presentation to the City's Design Review Panel as it is not complete.  It is anticipated the application will be presented to the Design Review Panel at its May 10, 2018 meeting.

Condition 7:  The Service Provider to submit development applications in accordance with the City's Building Toronto Together: A Development Guide.

It is the opinion of staff the Service Provider (OGGLP) has satisfied this condition by submitting a complete Site Plan Control application for the Gaming District (Block 10).  Similarly, the Draft Plan of Subdivision application submitted by WEG has been deemed complete. While the Site Plan Control application submitted by WEG for Woodbine Square (Block 9) remains incomplete, it is anticipated the material required for a complete application will be submitted shortly.

Condition 8:  The Service Provider's proposal to identify all incremental transportation and infrastructure costs and upgrades, including transit, parking and road improvements required to support the development plan.

It is the opinion of staff this condition has been substantially satisfied.  A Traffic Operations Report has been submitted in support of the Draft Plan of Subdivision application and is currently being reviewed.  Staff are reviewing the report to ensure the phasing of transportation improvements is appropriate.  Detailed costs and designs will be finalized and secured through the Subdivision and Site Plan review process.  Transit improvements have been identified by local transit providers (i.e., TTC, MiWay, York Region Transit and Brampton Transit) such as stops, layovers and benches along a new arterial street.  The amount of parking required to support the uses proposed by the Service Provider (OGGLP) will be secured through the Gaming District Zoning By-law Amendment (see Attachment 10).  This report recommends that the Bills implementing the zoning for expanded gaming on the lands be held until staff are satisfied.

Condition 9:  The Service Provider's proposal to review existing and projected capacity of the road and transit network, parking requirements and infrastructure.

It is the opinion of staff this condition has been satisfied.  Through the Draft Plan of Subdivision process, WEG has submitted a Transportation Demand Management Plan and a Traffic Operations Report consistent with the City's Guidelines for the Preparation of Transportation Impact Studies (2013).  WEG has used a "Complete Streets" approach to the design of new streets in the Draft Plan of Subdivision.

Condition 10:  The Service Provider's proposal to include a Transit Strategy to support short and long term plans.

It is the opinion of staff this condition has been satisfied.  Woodbine Entertainment Group, through the Draft Plan of Subdivision process, has worked with all local and regional transit operators.  WEG has also conducted a high level engineering feasibility analysis of extending the Finch West LRT to the Woodbine lands. WEG advises that property will be protected in the southwest corner of the lands for a future GO/UP Express station. It is anticipated these efforts will continue in the future.

Condition 11:  The Service Provider's proposal include an Infrastructure Strategy addressing municipal requirements.

It is the opinion of staff this condition has been substantially satisfied. Woodbine Entertainment Group, through the Draft Plan of Subdivision process, has submitted a Functional Serving Report (FSR) and required amendments.  Staff are reviewing the report to ensure the phasing of servicing infrastructure is appropriate and there is sufficient capacity.  The implementation of this infrastructure strategy will be through a financially secured Subdivision Agreement.  This report recommends that the Bills implementing the zoning for expanded gaming on the lands be held until staff are satisfied with the Functional Servicing Report.

Condition 12:  The development applications are to address existing capacity and requirements for other utilities.

It is the opinion of staff this condition has been satisfied.  The Draft Plan of Subdivision has been circulated for review and comment to all commenting agencies.  The Site Plan Control applications for Woodbine Square (Block 9) and the Gaming District (Block 10) have similarly been circulated to all agencies for review and comment.  Any upgrades to utilities required by additional development on the Woodbine Racetrack lands would be identified and secured through the Site Plan review process.

A Final Report (March 19, 2018) from the Director, Community Planning, Etobicoke York District with respect to expanded gaming at Woodbine Racetrack is to be considered at the April 4, 2018 meeting of the Etobicoke York Community Council.  The report reviews and recommends approval of the applications to amend the Zoning By-law and advises that the Chief Planner and Executive Director, City Planning may approve the proposed Draft Plan of Subdivision.  It also provides commentary on 12 of the 21 City Council conditions that are relevant to the planning applications to allow for expanded gaming. The report notes that Condition 1 had not been fully satisfied as a commitment from Woodbine Entertainment Group (WEG) to build an expanded gaming facility concurrently with an integrated entertainment complex had not been received as of the time of writing. 

The report can be found at the following link:

http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2018.EY29.2

This report provides additional information with respect to a letter submitted by WEG, dated March 27, 2018, confirming their commitment to pursue the approval of their Site Control Plan application for Woodbine Square (Block 9) as resubmitted on February 23, 2018.  Through this letter, WEG also is also committing to construct, concurrently (at the same time) with the expanded gaming facility on Block 10, the improvements to the Walking Ring, landscaping, transportation and the first five (5) buildings of Woodbine Square.  The letter also outlines the phasing for the construction of Block 9 and the amount of the Letter of Credit to be received to secure the completion of the work (see Attachment 1).

The Recommendations contained in the Final Report (March 19, 2018) from the Director, Community Planning, Etobicoke York District remain unchanged.