Item - 2022.EY29.1

The Etobicoke York Community Council recommends that:

1. City Council amend the former City of Etobicoke Zoning Code and Site Specific Zoning By-law 1088-2002 for the lands at 8, 10, 12, 14, 16, 18, 22, 24 and 26 Jopling Avenue South substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (December 13, 2021) from the Director, Community Planning, Etobicoke York District.

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

3. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to:

a. Complete a peer review process of the submitted Electromagnetic Field Study, by a third party consultant, retained by the City of Toronto and at the owner's expense to the satisfaction of the Chief Planner and Executive Director, City Planning. If necessary, the proposed draft Zoning By-law Amendment be revised to address any mitigation measures arising from the accepted study;

b. Submit a revised Functional Servicing Report, to the satisfaction of the Executive Director of Engineering and Construction Services, 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 proposed development;

c. Submit a revised Transportation Impact Study to address the unsignalized intersection analysis, passenger pick-up and drop-off management, and provision of vehicle manoeuvring diagrams to the satisfaction of the Manager, Transportation Services;

d. Enter into the appropriate agreements 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 Executive Director of Engineering and Construction Services; and

e. Provide space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapters 681, to the satisfaction of the Executive Director of Engineering and Construction Services.

4. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor, as follows:

a. Prior to the earlier of condominium registration or first residential use on site, the owner shall design, construct, finish and convey to the City, in an acceptable environmental condition, for nominal consideration and at no cost to the City, a minimum 467 m² Community Agency Space located on the ground floor adjacent to the POPS and subject to the following:

1. The Community Agency Space shall be delivered to the City in accordance with the City's Community Space Tenancy Policy and finished to Base Building Condition, with the terms and specifications to be secured in the Section 37 Agreement, all satisfactory to the Executive Director, Social Development, Finance and Administration, the Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning and the City Solicitor;

2. Prior to the issuance of the first above grade building permit, the owner shall provide a letter of credit in the amount sufficient to guarantee 120% of the estimated cost of the design, construction and conveyance of the Community Agency Space complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning and the City Solicitor;

3. Prior to conveyance of the Community Agency Space to the City, the owner shall provide a one-time cash contribution in the amount of $560,000.00 for future capital improvements to the Community Agency Space;

4. The financial contribution pursuant to Recommendation 4.a.3. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto Census Metropolitan area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135-10, or its successor, calculated from the date of execution of the Section 37 Agreement to the date of payment; and

5. Concurrent with or prior to, the conveyance of the Community Agency Space to the City, the owner and the City shall enter into, and register on title to the appropriate lands, an Easement and Cost Sharing Agreement for nominal consideration and at no cost to the City, that is in a form satisfactory to the City Solicitor; the Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the owner as they pertain to the Community Agency Space.

b. Prior to issuance of the first above-grade building permit, the owner shall make a cash contribution to the City in the amount of one million, four hundred and forty thousand dollars ($1,440,000.00) by certified cheque payable to the Treasurer, City of Toronto, to be allocated at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, toward capital improvements for one or more of the following capital improvements within the Ward:

1. The capital improvements referred to in Recommendation 4.b. above include:

a. Hydro corridor multi-use trail (Bloor-Kipling - Burnhamthorpe);

b. Public art, streetscape improvements and enhanced pedestrian and cycling connections;

c. Local parks; and

d. Local not-for-profit childcare.

2. The cash contribution referred to in  4.b. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto Census Metropolitan area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135-10, or its successor, calculated from the date of execution of the Section 37 Agreement to the date of payment; and

3. In the event the financial contribution in Recommendation 4.b. above has not been used for the intended purposes within three years of the by-law coming into full force and effect, the contribution may be redirected for another purposes, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purposes are identified in the Official Plan and will benefit the community in the vicinity of the lands.

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

1. Prior to the issuance of any above grade building permit, the owner must design and construct all improvements as required in the Functional Servicing Report accepted by and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

2. The owner shall, at its own expense, design, construct and thereafter maintain the Privately-Owned Publicly-Accessible Space ("POPS") area having a minimum area of 257 square metres along the south of the property, with the specific location, configuration and design to be determined and secured in the context of site plan approval to the satisfaction of the Chief Planner and Executive Director, City Planning.

3. Prior to the issuance of any above-grade building permit, the owner shall prepare all documents and convey, on terms set out in the Section 37 Agreement, an access easement in favour of the City for public use of the POPS, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

4. Prior to the earlier of first residential or non-residential use occupancy and first condominium registration of all or any portion of a building, the owner shall complete construction of the respective POPS to the satisfaction of the Chief Planner and Executive Director, City Planning, or such later date in the sole discretion of and on terms satisfactory to the Chief Planner and Executive Director, City Planning.

5. The owner shall, at its own expense, address the following matters in any application for site plan approval for the development, which shall be determined and secured in a site plan agreement with the City, as applicable, all to the satisfaction of the Chief Planner and Executive Director, City Planning:

a. Implementation of any required electromagnetic field mitigation measures or other recommendations, as detailed in the Electromagnetic Field (EMF) Management Plan dated June 10, 2020, prepared by Intrinsik Corp, as may be amended through a peer review process undertaken at the expense of the owner to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. Implementation of the wind control measures identified in the Pedestrian Level Wind Study, dated June 10, 2020, prepared by Gradient Wind, the addendum to this study dated June 11, 2021, and any future addendum, to the satisfaction of the Chief Planner and Executive Director, City Planning;

c. In the event that car-share spaces, as defined in the Zoning By-law Amendment, are to be provided, a car-share provider shall be secured to the satisfaction of the General Manager, Transportation Services;

d. Construction of the City sidewalk to City standards along the Jopling Avenue South frontage, to the satisfaction of the General Manager, Transportation Services;

e. Provision of on-site dog-relief facilities, with the location, nature and size of the facilities to be determined through the site plan approval process to the satisfaction of the Chief Planner and Executive Director, City Planning;

f. Incorporation of signage to identify the proposed POPS to be located along the south edge of the site; and

g. Construction and maintenance of the development of the site in accordance with Tier 1, Toronto Green Standard, or higher where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the site.

6. The owner shall satisfy applicable signage requirements of the Toronto District School Board and the Toronto Catholic District School Board and shall insert warning clauses in purchase and sale/tenancy agreements as required in connection with student accommodation.

7. The owner shall provide notification to NAV Canada of the pending commencement of construction a minimum of 10 days prior to the start of the construction.

The Etobicoke York Community Council held a statutory public meeting on January 5, 2022, and notice was given in accordance with the Planning Act.

This application proposes to amend the former City of Etobicoke Zoning Code and Site Specific Zoning By-law 1088-2002 for the properties located at 8-26 Jopling Avenue South to permit a mixed-use development consisting of two towers of 27 and 33 storeys connected by a 4 to 6-storey base. The proposed development contains 678 residential units and has a total gross floor area of 50,758 m2, which would result in a Floor Space Index of 11.3 times the area of the lands. The proposal includes 459 m2 of commercial space and 467 m2 of community space located on the ground floor and a 257 m2 of Privately Owned Publicly Accessible Space ("POPS") providing a mid-block connection at the south edge of the site between Jopling Avenue South and the Hydro Corridor.

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).

This report reviews and recommends approval of the application to amend the Zoning By-law. The proposal conforms with the Official Plan and Etobicoke Centre Secondary Plan and is generally consistent with the City's guidelines. The proposed development represents appropriate intensification within the Etobicoke Centre as it fits within the planned context of the area.