Item - 2021.EY26.2

The Etobicoke York Community Council recommends that:

1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 140, 150, 160, 170, 190 and 220 Sherway Drive substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 1 to the Supplementary Report (September 9, 2021) from the Acting Director, Community Planning Etobicoke York District.

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

3. City Council direct that the owner be required to enter into an Agreement pursuant to Section 37 of the Planning Act, and any other necessary agreements, on such terms and conditions satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, with such Agreement to be registered on title to the lands in a manner satisfactory to the City Solicitor to secure the following matters required to support the development:

a. The owner shall construct and convey the future public street with a minimum 22 m right-of-way as part of the redevelopment of the lands in Area C, illustrated on Diagram 7 of the draft Zoning By-law Amendment, to the satisfaction of the General Manager, Transportation Services, the Chief Engineer and Executive Director, Engineering and Construction Services, and the Chief Planner and Executive Director, City Planning;

b. As part of the future construction and conveyance of the future public street, in 3.a. above, the owner shall, at its sole cost and expense, consolidate and/or eliminate the surface parking spaces on lands zoned ON (Open Space – Natural), on lands in between the ON zone and the future public street and on lands in the rear of the parking structure in Area A (illustrated in Attachment 7 in green of the Final Report (August 27, 2021) from the Acting Director Community Planning, Etobicoke York District), and provide a landscape and naturalization plan, to the satisfaction of the Toronto and Region Conservation Authority, the General Manager, Parks, Forestry and Recreation, and the Chief Planner and Executive Director, City Planning and thereafter implement such approved plan at the owner's sole cost and expense;

c. Prior to the issuance of any above grade building permit in Area B illustrated on Diagram 7 of the draft Zoning By-law Amendment, the owner, at their sole cost and expense, address the required alignment between the future public street on the lands and the connection to 2217 The Queensway to the satisfaction of the General Manager, Transportation Services, the Chief Engineer and Executive Director, Engineering and Construction Services and the Chief Planner and Executive Director, City Planning:

1.  the owner shall, to the satisfaction of Hydro One, or such successor organization, provide such required information and material to Hydro One regarding the future public street and alignment identified and obtain approval as may be required from Hydro One;

2.  the owner shall undertake the design and construction of the intersection of the future public street and The Queensway and the owner may undertake this work in conjunction with the land owner of 2217 The Queensway to the satisfaction of the General Manager, Transportation Services;

3. the owner shall undertake the necessary work to construct and install traffic control signals at the intersection of the future public street and The Queensway, which shall include the preparation of traffic signal design drawings, an acceptable traffic signal timing plan and the installation of the required traffic signal control hardware on-site to the satisfaction of the General Manager, Transportation Services; and

4. notwithstanding 3 c. 1, 2 and 3 above, the owner may submit a revised Transportation Impact Study to provide such alternative timing for the implementation of 3 c. 1, 2 and 3 above, which may be considered at the sole discretion of, acceptable to, and to the satisfaction of, the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning and with any revised timing and implementation, including any identified improvements, secured in a manner satisfactory to the General Manager, Transportation Services, the Chief Planner and Executive Director, City Planning, and the City Solicitor;

d. Prior to the issuance of any above grade building permit in Area B, the owner shall address any modifications to the street network, including any physical modifications, new signalised intersections, and modifications to existing traffic control signals shall be at the owner's sole cost and expense and undertaken to the satisfaction of the General Manager, Transportation Services, including timing and phasing modifications to the signalized intersection of The Queensway and The West Mall and any necessary mitigation measures to address vehicle queue spillover for the northbound left-turn movements at the signalized intersection of The Queensway and The West Mall to the satisfaction of the General Manager, Transportation Services;

e. As a pre-approval condition of any site plan approval for Area B on the lands, the owner shall work with the owner of 25 The West Mall (Sherway Gardens Mall), regarding the future alignment and/or realignment of the proposed driveway on the southern portion of Area B (illustrated in Diagram 7 of the draft Zoning By-law Amendment), with any existing or future condition at 25 The West Mall, whereby such alignments shall be satisfactory to the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning and such alignment of the proposed driveway to the existing and future condition at 25 The West Mall shall also be subject to the following:

1. the owner shall, at its sole expense, conduct a warrant analysis on the intersection of the proposed driveway on the southern portion of Area B in order to determine the appropriate traffic control devices, and thereafter pay for, construct and implement any such approved traffic control devices, at the owner's sole cost and expense; all to the satisfaction of the General Manager, Transportation Services;

f. As a pre-approval condition of site plan approval on the lands for Area A, the owner shall convey a public access surface easement, including support rights, at no cost to the City, for public access connecting the existing public street segment of Sherway Drive through the development site connecting at the southern end of Area B to the West Mall (illustrated in Diagram 7 of the draft Zoning By-law Amendment), where vehicles would traverse the lands in a forward motion, where the owner shall operate, maintain, and repair the easement area, at its own expense, and the public shall be entitled to use the easement area at all times of the day and night, 365 days of the year, unless otherwise reduced times are authorized by the City whereby the details of terms and conditions relating to the easement and easement area, including indemnity and insurance requirements will be included in the Section 37 Agreement, where such size and location of the easement area be to the satisfaction of the General Manager, Transportation Services and the specific configuration of such easement area be determined in the context of a Site Plan Control application pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a site plan agreement with the City, including any require signage relating to public access, satisfactory to the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services;

g. The owner will construct and maintain the lands in accordance with Tier 1 of the Toronto Green Standard and the owner will be encouraged to achieve Tier 2 of the Toronto Green Standard or higher, where appropriate, consistent with the performance standards of the Toronto Green Standards applicable at the time of the site plan application for each building on the lands;

h. As a pre-approval condition of site plan approval on the lands for Area B (illustrated in Diagram 7 of the draft Zoning By-law Amendment), the owner shall implement any required mitigation measures including wind mitigation measures from such accepted studies, at the sole cost and expense of the owner, associated with the proposed development, including any outdoor amenity space;

i. The owner shall at their sole expense:

1. submit a revised Functional Servicing Report including confirmation of water and fire flow, sanitary and storm water capacity, Stormwater Management Report and Hydrogeological Review, including the Foundation Drainage Report and required discharge review with the Toronto and Region Conservation Authority (the "Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

2. secure the design and provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure and/or new municipal infrastructure identified in the accepted Engineering Reports to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services should it be determined that improvements or upgrades and/or new infrastructure are required to support the development and such matters to be secured through the appropriate agreement(s) satisfactory to the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services, and the City Solicitor; and;

3. make satisfactory arrangements with the Chief Engineer and Executive Director, Engineering and Construction Services for the construction of new infrastructure or any improvements to the municipal infrastructure, should it be determined that new infrastructure and/or upgrades/improvements are required to the existing infrastructure to support this development, and that the owner has entered into a financially secured agreement to pay for and construct any necessary municipal infrastructure; and,

j. The owner agrees that any off-site parking required to meet the by-law requirement is subject to a secured agreement(s) with the applicable property owner(s) of the land(s) upon which the off-site parking is located satisfactory to the General Manager, Transportation Services.

4. City Council determine that the revisions reflected in the proposed Zoning By-law Amendments appended as Attachment 1 to the Supplementary Report (September 9, 2021) from the Acting Director, Community Planning, Etobicoke York District are minor in nature and pursuant to Section 34 of the Planning Act, no further public notice is required in respect of the proposed Zoning By-law Amendment. 

The Etobicoke York Community Council held a statutory public meeting on September 10, 2021, and notice was given in accordance with the Planning Act.

This application proposes to amend City-wide Zoning By-law 569-2013 for the lands municipally known as 140, 150, 160, 170, 190 and 220 Sherway Drive.  The application is for a new nine storey (46 metres) hospital building with 416 beds at the north end of the site, a new central utility plant to the west of the proposed new hospital building, and a new eight storey (23 metres) above grade parking structure with 838 parking spaces at the south end of the site.  All other existing buildings are proposed to remain onsite.

The proposal would include approximately 47,500 square metres of new gross floor area for the new hospital, 2,500 square metres of new gross floor area for the new central utility plant and 26,500 square metres of gross floor area for the new parking structure.  The ninth floor of the new hospital would be limited to approximately 335 square metres to be used for an indoor amenity area connecting to an outdoor amenity area on the roof of the 8th storey.  This is the first phase of redevelopment on the Trillium Health Partners Queensway Hospital site and includes protecting for a public street to be conveyed in future phases of the redevelopment of the site.  The application would also rezone lands below the Long Term Stable Top of Slope and their adjoining 10 m buffer from IH (Hospital) to ON (Open Space Natural Area).

The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020).  The proposal conforms with the Official Plan and Sherway Area Secondary Plan policies and is generally consistent with the City's guidelines.  The proposed institutional use fits with the existing and planned context of the site.

This report reviews and recommends approval of the application to amend Zoning By-law 569-2013 subject to the owner entering into a Section 37 Agreement for matters required to support the development.  The proposed zoning will include and be subject to a Holding (H) symbol for a portion of the site which will require certain conditions to be met prior to future development proceeding. The provision of a Holding (H) symbol facilitates consideration of the zoning by-law amendment now and enables staff to conclude that the proposed development is appropriate and represents good planning.  

While discussions, analysis and revisions of the proposal have evolved since the intial application, a resubmission of material was made on August 18, 2021 which included a newly proposed central utility plant and revised parking information.  In the interest of advancing the development of this important health care infrastructure, staff are providing this report and will supplement the material contained in this report with additional comments and the draft zoning by-law amendment prior to the September 10, 2021 Etobicoke York Community Council.  

A resubmission of material was made on August 18, 2021 which included a newly proposed central utility plant and revised parking information.  This Supplementary Report provides additional comments and updated Recommendations to those contained in the August 27, 2021 Final Report, from the Acting Director, Community Planning, Etobicoke York District and includes the revised draft Zoning By-law Amendment.

This report reviews and recommends approval of the application to amend City-wide Zoning By-law 569-2013 subject to a Holding (H) Symbol being placed on part of the site until conditions are fulfilled related to the provision and connection of a future public street to the neighbouring site, a resubmission of engineering reports and resolution of open space matters. Provided the conditions of the Holding (H) Symbol are met, staff are of the opinion that the proposed development is appropriate in this location.