Item - 2019.TE7.6

The Toronto and East York Community Council recommends that:

1. City Council amend Zoning By-law 438-86 for the lands at 57-77 Wade Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (June 18, 2019) from the Director, Community Planning, Toronto and East York District.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 57-77 Wade Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (June 18, 2019) from the Director, Community Planning, Toronto and East York District

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

4.  City Council require the owner to provide a cash payment-in-lieu into the Municipal Parking Fund in lieu of any parking shortfall below the provision of 47 parking spaces on-site.

5.  Prior to the introduction of the necessary Bills to City Council for enactment, require the owner to complete a Third-Party Peer Review of the revised Rail Safety Report, prepared by Arup Canada Inc., dated May 1, 2019, to the satisfaction of the City's rail safety consultant, and obtain acceptance of the proposed derailment mitigation measures, to the satisfaction of the Chief Planner and Executive Director, City Planning.

6. Before introducing the necessary Bills to City Council for enactment, require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:

a. Prior to the issuance of the first above-grade building permit, the owner shall provide a cash contribution of $350,000 towards the provision of affordable rental housing and parks improvements within Ward 9 in the vicinity of the site, such amount to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto for the period from the date of the execution of the Section 37 Agreement to the date of payment;

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

i.  The owner shall provide, at its own expense, 300 square metres of privately-owned, publicly-accessible open space located on the southern portion of the site (refer to the Site Plan in Attachment 7), with the design details of this privately-owned, publicly-accessible open space to be secured through the Site Plan Approval process to the satisfaction of the Chief Planner and, prior to Site Plan Approval, the owner shall grant an easement to the City, for nominal consideration and free and clear of title encumbrances, to the satisfaction of the City Solicitor, for the purpose of the general public's use of this privately-owned, publicly-accessible open space, on terms satisfactory to the Chief Planner and Executive Director, City Planning, in consultation with the City Solicitor;

ii.  The owner shall provide, at its own expense, a minimum 3.5 metre wide public walkway easement be located along the full extent of the south edge of the site, connecting Wade Avenue to the future Davenport Diamond Greenway Multi-Use Trail, with the design details of this walkway to be secured through the Site Plan Approval process to the satisfaction of the Chief Planner and Executive Director and, prior to Site Plan Approval, the owner shall grant an easement to the City, for nominal consideration and free and clear of title encumbrances, to the satisfaction of the City Solicitor, for the purpose of pedestrian and cycling use by the general public over this walkway, on terms satisfactory to the Chief Planner and Executive Director, City Planning, in consultation with the City Solicitor;

iii. The owner shall design and construct the public realm improvements for the public walkway between Wade Avenue and the Davenport Diamond Greenway Multi-Use Trail in accordance with the Davenport Diamond Public Realm Plan;

iv. Prior to the issuance of Notice of Approval Conditions for the Site Plan application, the owner shall complete a peer review of the submitted Noise and Vibration Feasibility Study by the City’s peer reviewer, to the satisfaction of the Chief Planner and Executive Director, City Planning, and provide certification from the noise and vibration consultant that all recommended mitigation measures have been incorporated into the drawings submitted for Site Plan Approval;

v. Prior to the issuance of Notice of Approval Conditions for the Site Plan application, the owner shall incorporate all mitigation measures from the rail safety study accepted by the City's peer reviewer into the drawings submitted for site plan approval, to the satisfaction of the Chief Planner and Executive Director, City Planning, and prior to Site Plan Approval agree that all mitigation measures be constructed and maintained by the owner at its sole cost and expense;

vi. Prior to issuance of Notice of Approval Conditions for the Site Plan application, the owner shall provide a Construction Phasing Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning;

vii. Prior to the commencement of excavation and shoring work, the owner will submit a Construction Management Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Building Official, in consultation with the Ward Councillor, and thereafter shall implement the plan during the course of construction.  The Construction Management Plan will include the size and location of construction staging areas, dates of significant concrete pouring, lighting details, construction vehicle parking and queuing locations, refuse storage, site security, site supervisor contact information, a communication strategy with the surrounding community, and any other matters requested by the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, in consultation with the Ward Councillor; and

viii. Prior to Site Plan Approval, the owner shall provide a cash payment-in-lieu into the Municipal Parking Fund in lieu of any parking shortfall below the provision of 47 parking spaces on-site.

The Toronto and East York Community Council commenced a statutory public meeting on June 25, 2019 and notice was given in accordance with the Planning Act.

This application to amend the Zoning By-law proposes a 7-storey (33.2 metres, plus 5 metre mechanical penthouse) office building for the property at 57-77 Wade Avenue.  The proposed development includes a total of 13,123 square metres of gross floor area, with 218 square metres of retail space at the ground level.  A total of 33 vehicle parking spaces and 122 bicycle parking spaces will be provided at-grade.

The site is adjacent to the Metrolinx GO Barrie line, and a rail safety report with proposed derailment mitigation measures was submitted in support of the application. A revised version of the report, dated May 2019, is currently under peer review with the City's rail safety consultant.  Upon acceptance of the proposed derailment mitigation measures by the City's third-party peer reviewer, staff will be satisfied that the development is consistent with the Provincial Policy Statement (2014) and conforms with the Growth Plan for the Greater Golden Horseshoe (2019).

The proposal diversifies the range of employment options in an established Employment Area, and represents appropriate intensification in an area well-served by existing and planned transit infrastructure. This report reviews and recommends approval of the application to amend the Zoning By-law, subject to the recommendations outlined in this report.