Item - 2020.EY19.3

The Etobicoke York Community Council submits the item to City Council without recommendations.

Metrolinx has entered into a partnership with VANDYK Group of Companies to deliver a Transit-Oriented Development (TOD) integrated with the Mimico GO Station. This was the first TOD partnership announced by the Provincial government as part of its market-oriented approach for transit projects. This report provides information and identifies a preliminary set of issues regarding the application located at 315 and 327 Royal York Road. It also introduces a broader Context Plan for additional properties in the area.

This application was submitted on October 7, 2019 after pre-application discussions with City staff dating back to Fall 2018. Subsequent to its submission, given the related Metrolinx interests, City staff have been working with the applicant (VANDYK) and Metrolinx on a revised approach to developing these properties as it was staff's view that the proposal did not appropriately address transit oriented objectives and was not supportable. This revised approach introduces a context block plan (Mimico Master Context Plan) for the Mimico GO Station lands and abutting properties. This report outlines the issues related to the 2019 application and presents a potential option for resolving concerns if a context block plan approach were undertaken.

The 2019 application proposes to amend the former City of Etobicoke Zoning Code, as amended by Site Specific Zoning By-law No. 244-2011, to permit a Transit-Oriented Development (TOD) integrated with the Mimico GO Station entrance building and pedestrian plaza at 315 Royal York Road (Metrolinx lands) and 327 Royal York Road (VANDYK lands). The proposal includes two residential towers with heights of 29 and 44-storeys (104.4 m and 146.4 m in height respectively) connected by a 4 to 8-storey podium, a transit facility, office and retail uses and an above grade parking structure.

The development would contain a total of 687 residential units and a total of 514 vehicular parking spaces within a 3-level below grade parking garage as well as a 3-level above grade parking garage (on the 327 Royal York Road lands) which would extend above the Mimico GO Station. In addition, a second 3-level below grade parking garage (on the 315 Royal York Road lands) is also proposed.

The proposal includes a total gross floor area (GFA) of 68,207 m2 (of which 47,435 m2 would be for residential use, 11,687 m2 for transit-related uses/above grade parking garage/storage lockers, 8,809 m2 for office use and 276 m2 for retail use). The total Floor Space Index would be 11.2 times the area of the lot (combined site density) and would be 18.6 times the area of the lot for only 327 Royal York Road.

Staff are of the opinion that the proposed development, in its current form, is not supportable and does not conform to the Toronto Official Plan or promote a built form that is well designed as outlined in the Planning Act. Major issues have been identified by City staff related to coordination of station works, site organization, safety and pedestrian/vehicular conflicts, built form, impacts on surrounding properties and integration with the surrounding block context.

The City is committed to working with Metrolinx on TOD projects to achieve developments that encourage and support greater transit ridership and fit well within their existing and planned context. In reviewing the application, staff noted that VANDYK and Metrolinx are the only property owners in the area south of Newcastle Street in the immediate vicinity of the subject site. Staff are of the opinion that opportunities exist to address the issues identified with the current application if the GO station facilities were incorporated throughout a number of properties bordering the rail corridor. This would allow for the relocation and redistribution of the above grade commuter parking, density and vehicular and pedestrian accesses throughout the area which would result in a safer environment, improved public realm elements, elimination of private driveways and a more appropriately scaled and designed proposal.

In an effort to resolve the challenges identified with the application and develop a proposal that would result in a TOD that fits within the local context, City Planning staff presented ideas and options for the consolidated development of the lands south of Newcastle Street for consideration by VANDYK and Metrolinx. Staff also requested that the applicant prepare a context block plan for these lands that incorporated these options and addressed the relationship between this development, the Mimico GO Station design (including the surface parking area along Newcastle Street) and other approvals issued in the abutting Mimico Judson Secondary Plan area such as the 39 Newcastle Street development (also owned by VANDYK).

On September 23, 2020, VANDYK submitted a Mimico Master Context Plan (Context Plan) that includes a number of properties including 315 and 327 Royal York Road, the integration of the GO Station lands at 1 Windsor Street and 29 and 33 Newcastle Street and the LPAT approved development at 39 Newcastle Street. Staff are of the opinion this Context Plan offers a basis for moving forward to define a better TOD opportunity at the Mimico GO Station. It proposes a coordinated approach to the integration of station facilities within the broader context which eliminates multiple driveway entrances from the terminus of Windsor Street, introduces a new street connection from Buckingham Street to Windsor Street, new station entrance buildings connected to the development at 39 Newcastle Street, an expanded pedestrian station plaza, a formalized pick-up and drop-off area, underground commuter parking, as well as future residential development at 29 and 33 Newcastle Street (see Attachment 9: Context Plan Submitted by VANDYK).

While the Context Plan does provide the basis to resolve a number of issues with the current application, staff also note there are other matters of concern such as tower heights and building densities that are still unresolved (particularly the proposal for two towers on the 327 Royal York Road lands).  Further details/materials would be required for review and consideration by City staff.

Staff will continue working with VANDYK and Metrolinx to explore the feasibility of implementing the Context Plan as this proposal will require modifications to the LPAT approval of 39 Newcastle Street as well as the work program currently underway by Metrolinx for the Mimico GO Station. Staff are confident this approach would guide the process to align this TOD project, the Metrolinx lands and the LPAT approved development at 39 Newcastle Street through various timelines/stages of redevelopment.

Staff have circulated the submission materials to all appropriate agencies and City divisions for comment. Staff will proceed to schedule a community consultation meeting for the application and the broader Context Plan with the Ward Councillor. Staff will also provide further reports to City Council, as the proposal continues to evolve.

It should be noted that on July 8, 2020, Bill 197 was introduced as legislation. Bill 197 extends and elaborates the Minister’s powers to issue Ministerial Zoning Orders (MZO) and exempt certain developments from municipal planning approvals. As both the subject application and the new Context Plan include provincially owned land, the involvement of Metrolinx as a Crown Agency, partner and stakeholder, as well as station facilities and infrastructure that are impacted by the proposals, an MZO could be considered by the Province. Staff would not be supportive of an MZO process in this instance should it curtail an appropriate municipal review of the proposal and exclude public input. Staff recommend that in order to proceed with the proposed Context Plan, a new planning application be required for the portion of the development to be located on 29 and 33 Newcastle Street (as a new residential building having unknown height and density is proposed to be added to the Mimico Judson Secondary Plan area) and that proposed modifications to the approvals for 39 Newcastle Street be addressed at LPAT.