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5/26/2021 2021-01-08 Minutes - Etobicoke York Community Council

Confirmed on
Minutes April 21, 2021

Etobicoke York Community Council


Meeting No. 21 Contact Nancy Martins, Committee
Administrator
Meeting Date Friday, January 8, 2021 Phone 416-394-8101
Start Time 9:30 AM E-mail etcc@toronto.ca
Location Video Conference Chair Councillor Mark Grimes

This meeting of the Etobicoke York Community Council was held by electronic means and the
proceedings of the Etobicoke York Community Council were conducted publicly.

These measures were necessary to comply with physical distancing requirements and as civic
buildings were closed to the public.

EY21.1 ACTION Adopted Ward: 3

5507 and 5509 Dundas Street West - Zoning By-law Amendment


Application - Final Report

Public Notice Given

Statutory - Planning Act, RSO 1990

Community Council Recommendations


The Etobicoke York Community Council recommends that:

1. City Council amend the former City of Etobicoke Zoning Code for the lands at 5507 and
5509 Dundas Street West substantially in accordance with the Draft Zoning By-law
Amendment attached as Attachment 6 to the report (December 14, 2020) from the Director,
Community Planning, Etobicoke York District.

2. City Council amend City-wide Zoning By-law 569-2013 for the lands at 5507 and 5509
Dundas Street West substantially in accordance with the Draft Zoning By-law Amendment
attached as Attachment 7 to the report (December 14, 2020) 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-laws as may be required.

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, including
provisions for indemnity, insurance, financial security, maintenance, HST and indexing, as
applicable, to the satisfaction of the Chief Planner and Executive Director, City Planning and
the City Solicitor, as follows:

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a. The community benefits recommended to be secured in the Section 37 Agreement are as


follows:

i. Prior to the issuance of the first above-grade building permit, the owner shall make
a financial contribution to the City in the amount of one million dollars ($1,000,000)
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:

A. Islington BIA;

B. Etobicoke Centre Six Points Park;

C. Etobicoke Civic Centre Library and Community Centre;

D. Local non-profit child care facilities;

E. Wedgewood Pool; and

F. Local park and streetscape improvements.

ii. The financial contribution pursuant to Recommendation 4.a.i. above shall be


indexed upwardly in accordance with the Statistics Canada Non-Residential Building
Construction Price Index for Toronto, calculated from the date of execution of the
Section 37 Agreement to the date of payment;

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

iv. The owner shall make a Public Art contribution in the amount of five hundred
thousand dollars ($500,000) on public art program terms set out in the Section 37
Agreement and to the satisfaction of the Chief Planner and Executive Director, City
Planning, which amount shall be indexed upwardly in accordance with the Statistics
Canada Non-Residential Building Construction Price Index for Toronto, calculated
from the date of execution of the Section 37 Agreement to the date of issuance of the
first above-grade building permit;

v. The owner shall provide and maintain at least six (6) affordable rental dwelling
units within the proposed mixed-use building on the lot to the satisfaction of the Chief
Planner and Executive Director, City Planning;

vi. The owner shall provide and maintain the six (6) affordable rental dwelling units
as rental dwelling units for at least twenty (20) years, beginning from the date that
each such unit is first occupied on terms set out in the Section 37 Agreement. No
affordable rental dwelling unit shall be registered as a condominium or any other form
of ownership such as life lease or co-ownership which provides a right to exclusive
possession of a dwelling unit, and no application for conversion for non-rental
housing purposes or to demolish any affordable rental dwelling unit shall be made for
at least twenty (20) years from the date of first occupancy. Upon the expiration of the
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twenty (20) year period, the owner shall continue to provide and maintain the
affordable rental dwelling units as rental dwelling units, unless and until such time as
the owner has applied for and obtained all approvals necessary to do otherwise;

vii. The owner shall provide and maintain the six (6) affordable rental dwelling units
in accordance with the following: a) one (1) of the affordable rental dwelling units
shall be three-bedroom or larger and shall have a minimum floor area of 111.7 m2; b)
two (2) of the affordable rental dwelling units shall be two-bedroom units or larger
and shall each have a minimum floor area of at least 87 m2; and c) three (3) of the
affordable rental dwelling units shall be one-bedroom units or larger and shall each
have a minimum floor area of at least 62.7 m2;

viii. The owner shall provide and maintain the six (6) affordable rental dwelling units
at affordable rents for at least fifteen (15) years, beginning with the date that each
such unit is first occupied, in accordance with the terms set out in the Section 37
Agreement, including:

A. The initial rent (inclusive of utilities) charged to tenants upon first occupancy
of a new affordable rental dwelling unit shall not exceed the average rent for the
same unit type for the City of Toronto, as reported by Canada Mortgage and
Housing Corporation in its most recent annual Rental Market Report;

B. After the first year of occupancy of a new affordable rental unit, the rent
(inclusive of utilities) charged to tenants occupying the new affordable rental unit
may be escalated annually by not more than the annual provincial rent guideline,
until the tenancy ends;

C. Notwithstanding the annual rent increases permitted in subsection viii (a)


above, the rent (inclusive of utilities) charged to any tenants occupying an
affordable rental dwelling unit shall not be increased to an amount that exceeds
the average rent for the same unit type for the City of Toronto, as reported by
Canada Mortgage and Housing Corporation in its most recent annual Rental
Market Report; and

D. If an affordable rental dwelling unit becomes vacant and is re-rented during


the 15-year affordability period, the initial rent (inclusive of utilities) charged to
new tenants shall be no higher than the average rent for the same unit type for the
City of Toronto, as reported by Canada Mortgage and Housing Corporation in its
most recent annual Rental Market Report, until the tenancy ends.

ix. Tenants of the new affordable rental units shall have access to all indoor and
outdoor amenity spaces associated with the mixed-use building on the same basis as
other units within the development with no separate or additional charges;

x. The location and layouts of the new affordable rental units within the new mixed-
use building shall be to the satisfaction of the Chief Planner and Executive Director,
City Planning;

xi. At least six months in advance of any new affordable rental units within the
development being made available for rent to the general public, the owner shall
develop and implement a Co-ordinated Access Plan in consultation with, and to the
satisfaction, of the Chief Planner and Executive Director, City Planning; and

xii. The Co-ordinated Access Plan will provide that:


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A. Any affordable rental units are provided only to tenant households that have
demonstrated, to the satisfaction of the Chief Planner and Executive Director,
City Planning, they are in financial need of affordable rental accommodation, as
the case may be;

B. The owner shall consult with the Chief Planner and Executive Director, City
Planning, and offer any affordable rental units to tenant households who have
demonstrated need as in A. above and who are on such waiting lists as may be
specified, prior to making any affordable rental units available for rent to the
general public; and

C. The owner shall make reasonable efforts, to the satisfaction of the Chief
Planner and Executive Director, City Planning, to ensure, that any accessible
rental units are made available for rent to tenant households having one or more
household members with special needs, including physical and/or mental
limitation; and

D. When entering into a tenancy agreement for a new affordable rental unit, the
tenant's household income shall not exceed four (4) times the annual equivalent
of the rent (inclusive of utilities) for the rental unit; and

xiii. The new affordable rental units shall be made ready and available for occupancy
no later than the date by which seventy percent (70%) of the new dwelling units
erected on the Lands are available and ready for occupancy.

b. The following matters are also recommended to be secured in the Section 37


Agreement in support of the development:

i. The owner shall construct and maintain, at its own expense, an area of not less than
177 m2 in a plaza on the south and west corner of Dundas Street Wet and Shorncliffe
Road, for use by the general public as privately–owned publicly accessible open space
(POPS) 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.

ii. Prior to the issuance of the first above-grade building permit, 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 in perpetuity, including support
rights as applicable, for public use of the POPS, all to the satisfaction of the Chief
Planner and Executive Director, City Planning and the City Solicitor.

iii. Prior to issuance of the first above-grade building permit, the owner shall prepare
all documents and convey, on terms set out in the Section 37 Agreement, an easement
in favour of the City in perpetuity, including support rights as applicable, for public
pedestrian and vehicular use of the rear access having a width of not less than 7.5
metres measured from the south property boundary the full width of the site, all to the
satisfaction of the Chief Planner and Executive Director, City Planning, the General
Manager, Transportation Services and the City Solicitor. Such access easement shall
include use associated with properties adjacent to a westerly extension of the rear
access to a new proposed public street and fronting onto Dundas Street as well as
properties south of such westerly extension, as applicable.

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iv. The owner shall, at its own expense, construct and maintain the rear access lands,
referred to in Recommendation 4.b.iii. above, to the standard required of a public lane
to the satisfaction of the General Manager, Transportation Services, with the design,
details and configuration to be determined and secured in the context of site plan
approval.

v. The owner shall provide the City with a right, upon delivery of written notice in the
future, to require the fee simple conveyance of the rear access lands referred to in
Recommendation 4.b.i.i.i above to the City, all to the satisfaction of the General
Manager Transportation Services and the City Solicitor on terms set out in the Section
37 Agreement. The right shall be exercisable at the discretion of the General
Manager, Transportation Services, to facilitate a public lane at the rear of properties
fronting onto Dundas Street West and extending westerly between Shorncliffe Road
and a new proposed street to the west. Upon receipt of such notice, the then owner of
the of property shall prepare all documents and convey the rear access lands to the
City on a date that is 120 days following the delivery of notice, or a date otherwise
determined appropriate by the General Manager, Transportation Services, to the
satisfaction of the City Solicitor. Prior to conveyance, and as may be required, the
then owner shall assess and remediate the lands being conveyed, in accordance with
the most current environmental policies of City Council and reconstruct the rear
access as a public lane.

vi. Prior to issuance of the first above-grade building permit, the owner shall prepare
all documents and convey, on terms set out in the Section 37 Agreement, a pedestrian
clearway easement in favour of the City in perpetuity, including support rights as
applicable, to achieve a minimum of 2.1 metre public sidewalk for use by the public
along the frontages of Dundas Street West and Shorncliffe Road, all to the satisfaction
of the General Manager, Transportation Services and the City Solicitor. The details,
location and configuration of the pedestrian clearway will be determined and secured
in the context of site plan approval and the owner shall construct and maintain the
pedestrian clearway easement lands at its own cost and expense.

vii. The owner shall construct and maintain the development in accordance with Tier
1 performance measures of the Toronto Green Standard, as adopted by Toronto City
Council from time to time, to the satisfaction of the Chief Planner and Executive
Director, City Planning.

viii. 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.

ix. 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. 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;

B. Implementation of any required air quality and odour mitigation or other


recommendations, as detailed in the Air Quality and Odour Assessment (revised
January 2020), prepared by RWDI, as may be amended through a peer review
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process undertaken at the expense of the owner, to the satisfaction of the Chief
Planner and Executive Director, City Planning;

C. Implementation of any required noise and vibration abatement measures or


other recommendations, as detailed in the Noise and Vibration Impact
Assessment (revised April 2020), prepared by RWDI, 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;

D. Construction of a bus platform, stop and shelter on the Shorncliffe Road


frontage to the satisfaction of the Toronto Transit Commission;

E. Implementation of noise attenuation for the units in proximity to the proposed


bus stop as may be recommended by the Toronto Transit Commission, including
warning clauses in the associated purchase and sale/tenancy agreements;

F. Reconstruction of the City sidewalks to City standards along the frontages of


Dundas Street West and Shorncliffe Road, to the satisfaction of the General
Manager, Transportation Services;

G. 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; and

H. Incorporation of signage to identify the proposed privately-owned publicly


accessible open space (POP) to be located in a plaza on the south and west corner
of Dundas Street West and Shorncliffe Road.

x. The conveyance of any easement or fee simple interest of lands to the City as
contemplated in this Recommendation 4, shall be at no cost to the City, for nominal
consideration and free and clear of encumbrances to the satisfaction of the City
Solicitor and the Chief Planner and Executive Director, City Planning as well as the
General Manager, Transportation Services, as the case may be, and the cost of
preparation and deposit of accepted reference plans shall also be at the owner's
expense.

Decision Advice and Other Information


The Etobicoke York Community Council held a statutory public meeting on January 8, 2021,
and notice was given in accordance with the Planning Act.

Origin
(December 14, 2020) Report from the Director, Community Planning, Etobicoke York District

Summary
This application proposes to amend the former City of Etobicoke Zoning Code and City-wide
Zoning By-law 569-2013 to permit a 22 storey (21 storey plus mezzanine) 71.3 m in height
excluding mechanical penthouse (73.3 m in height including mechanical penthouse) mixed-use
building at 5507 and 5509 Dundas Street West. The building would contain 259 residential
units and 1,209 m2 of commercial at-grade floor area. The building would have a gross floor
area of 21,935 m2, yielding a Floor Space Index of approximately 6.56 times the area of the
lot. A total of 183 parking spaces would be provided in three levels of parking. Vehicular
access to the below grade parking would be provided via a rear lane which would be subject to
a public easement and potential conveyance to the City in the future. The proposal also

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includes a POPS space at the front of the building with a public art installation and six
affordable rental apartment units.

The proposed development has regard for matters of Provincial Interest, is consistent with the
Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the
Greater Golden Horseshoe (2020). The proposed development represents appropriate
intensification along Dundas Street West and is consistent with the City Official Plan and
Guidelines.

This report reviews and recommends approval of the application to amend the Zoning By-laws
subject to the owner entering into a Section 37 Agreement and the conditions listed in a
Holding Provision. Provided the matters subject to the Holding Provision are addressed, staff
are of the opinion the proposed development is appropriate in this location.

Background Information
(December 14, 2020) Report and Attachments 1 to 12 from the Director, Community Planning,
Etobicoke York District on 5507 and 5509 Dundas Street West - Zoning By-law Amendment
Application - Final Report
(http://www.toronto.ca/legdocs/mmis/2021/ey/bgrd/backgroundfile-159459.pdf)
(December 16, 2020) Notice of Public Meeting
(http://www.toronto.ca/legdocs/mmis/2021/ey/bgrd/backgroundfile-159467.pdf)

Communications
(January 3, 2021) E-mail from Jerry and Christine Chachula (EY.New)
(December 23, 2020) E-mail from CP Proximity-Ontario (EY.New)
(http://www.toronto.ca/legdocs/mmis/2021/ey/comm/communicationfile-125125.pdf)
(December 29, 2020) E-mail from Melchior Pinto (EY.New)
(January 4, 2021) Letter from The Board of the South Eatonville Residents
Association (EY.New)
(http://www.toronto.ca/legdocs/mmis/2021/ey/comm/communicationfile-125127.pdf)
(January 7, 2021) E-mail from Irene Jones (EY.New)
(January 7, 2021) Presentation from David McKay (EY.New)
(http://www.toronto.ca/legdocs/mmis/2021/ey/comm/communicationfile-125262.pdf)
(January 7, 2021) E-mail from Peter Morris (EY.New)
(http://www.toronto.ca/legdocs/mmis/2021/ey/comm/communicationfile-125264.pdf)
(January 7, 2021) E-mail from Jerry and Christine Chachula (EY.New)
(January 8, 2021) E-mail from Paul MacDonald (EY.New)

Speakers
David McKay, MHBC
Irene Jones
Peter Morris
Paul MacDonald
Barry Horosko, Horosko Planning Law

Motions
1 - Motion to Adopt Item moved by Councillor Mark Grimes (Carried)

Vote (Adopt Item) Jan-08-2021


Result: Carried Majority Required
Michael Ford, Mark Grimes (Chair), Stephen Holyday, Frances Nunziata,
Yes: 5
Anthony Perruzza
No: 0
Absent: 0
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EY21.2 ACTION Deferred Ward: 1

555 Rexdale Boulevard - Zoning By-law Amendment Application - Final


Report

Public Notice Given

Statutory - Planning Act, RSO 1990

Community Council Decision


The Etobicoke York Community Council:

1. Adjourned the statutory public meeting under the Planning Act for the Zoning By-law
Amendment Application for 555 Rexdale Boulevard until the March 3, 2021 meeting of
Etobicoke York Community Council and scheduled the item for 9:30 a.m.;

2. Directed the Director, Community Planning, Etobicoke York District along with all other
necessary City staff, to continue discussions with the applicant in order to address matters
described in the Final Report (December 14, 2020) from the Director, Community Planning,
Etobicoke York District including the means of legally and financially securing said matters
without the use of a Section 37 Agreement; and

3. Direct the Director, Community Planning, Etobicoke York District to report to the March 3,
2021 meeting of Etobicoke York Community Council on the outcome of City staff's discussions
with the applicant regarding matters described in the Final Report (December 14, 2020) from
the Director, Community Planning, Etobicoke York District including the means of legally and
financially securing said matters without the use of a Section 37 Agreement.

Decision Advice and Other Information


The Etobicoke York Community Council commenced a statutory public meeting on January 8,
2021, and notice was given in accordance with the Planning Act.

Origin
(December 14, 2020) Report from the Director, Community Planning, Etobicoke York District

Summary
This application proposes to amend the former City of Etobicoke Zoning Code and Site
Specific Zoning By-laws 864-2007, 1260-2018 and 1261-2018 to permit a transportation use
with ancillary retail store on the lands located at 555 Rexdale Boulevard (Woodbine Racetrack
lands). The proposed transportation use would facilitate the provision of future transit facilities
such as a new GO Station, proposed to be constructed by Woodbine Entertainment Group
(WEG) in partnership with Metrolinx, at the southeast portion of the site adjacent to the rail
corridor.

The proposed Zoning By-law Amendment is consistent with the Provincial Policy Statement
(2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe
(2020). The proposed transportation use is consistent with the policies of the Employment
Areas designation of the Official Plan, as well as other relevant policies pertaining to the
integration of transportation and land use planning to achieve the overall aim of increasing
accessibility throughout the City of Toronto.

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This report reviews and recommends approval of the application to amend the Zoning By-law
subject to conditions before introducing the necessary Bills to City Council for enactment.
Provided the conditions are fulfilled, staff are of the opinion the proposed amendment is
appropriate in this location.

Background Information
(December 14, 2020) Report and Attachments 1 to 6 from the Director, Community Planning,
Etobicoke York District on 555 Rexdale Boulevard - Zoning By-law Amendment Application -
Final Report
(http://www.toronto.ca/legdocs/mmis/2021/ey/bgrd/backgroundfile-159460.pdf)
(December 16, 2020) Notice of Public Meeting
(http://www.toronto.ca/legdocs/mmis/2021/ey/bgrd/backgroundfile-159450.pdf)

Speakers
Tyler Peck, Senior Associate, Walker Nott Dragicevic Associates Limited

Motions
1 - Motion to Defer Item moved by Councillor Michael Ford (Carried)
That the Etobicoke York Community Council:

1. Adjourn the statutory public meeting under the Planning Act for the Zoning By-law
Amendment Application for 555 Rexdale Boulevard until the March 3, 2021 meeting of
Etobicoke York Community Council and schedule the item for 9:30 a.m.;

2. Direct the Director, Community Planning, along with all other necessary City staff, to
continue discussions with the applicant in order to address matters described in the Final
Report (December 14, 2020) including the means of legally and financially securing said
matters without the use of a Section 37 Agreement; and

3. Direct the Director, Community Planning to report to the March 3, 2021 meeting of
Etobicoke York Community Council on the outcome of City staff's discussions with the
applicant regarding matters described in the Final Report (December 14, 2020) including the
means of legally and financially securing said matters without the use of a Section 37
Agreement.

EY21.3 ACTION Amended Ward: 3

933 - 935 The Queensway - Zoning By-law Amendment Application -


Request for Direction Report

Community Council Recommendations


The Etobicoke York Community Council recommends that:

1. City Council direct the City Solicitor, together with appropriate City staff, and/or retain
external consultants, as may be appropriate, to attend the Local Planning Appeal Tribunal
(LPAT) hearing to oppose the applicant's appeal of the Zoning By-law Amendment application
for 933-935 The Queensway.

2. City Council authorize the City Solicitor and appropriate staff to continue to seek revisions
to the proposal and to continue discussions with the applicant in an attempt to resolve the issues
outlined in this report satisfactory to the Chief Planner and Executive Director, City Planning
and to report back to City Council on the outcome of discussions, if necessary.
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3. In the event the LPAT allows the appeal in whole or in part, City Council direct the City
Solicitor to request the LPAT to withhold the issuance of any Order(s) on the appeal for the
subject lands until:

a. The proposed Zoning By-law Amendments are in a final form satisfactory to the Chief
Planner and Executive Director, City Planning and the City Solicitor.

b. A Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City
Planning and the City Solicitor, has been executed and registered on title to the subject
lands to the satisfaction of the City Solicitor, securing community benefits to the
satisfaction of the Chief Planner and Executive Director, City Planning in consultation
with the Ward Councillor, and securing the matters required to support the development
outlined in Recommendation 4 below.

c. The owner has submitted a revised Functional Servicing Report to determine the
stormwater 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 and if upgrades/improvements to
the existing municipal infrastructure are required to the satisfaction of the Chief Engineer
and Executive Director of Engineering and Construction Services.

d. The owner has made satisfactory arrangements with the City and entered into the
appropriate financially secured Development 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 accommodate this development,
according to the Functional Servicing Report accepted by the Chief Engineer and
Executive Director of Engineering and Construction Services and the Urban
Transportation Considerations Report accepted by the General Manager of Transportation
Services.

e. The owner has provided 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 Chapter 681.

f. The owner has secured any required noise mitigation measures identified in the
submitted Noise and Vibration Impact Study, peer reviewed at the owner’s expense, to the
satisfaction of the Chief Planner and Executive Director, City Planning. The owner shall
construct and maintain any required noise mitigation measures, with such design to be
secured through the site plan application review process, to the satisfaction of the Chief
Planner and Executive Director, City Planning.

g. The owner has secured any required mitigation measures identified in the submitted
Compatibility/Mitigation Report, peer reviewed at the owner’s expense, to the satisfaction
of the Chief Planner and Executive Director, City Planning. The owner shall construct and
maintain any required mitigation measures, with such design to be secured through the site
plan application review process, to the satisfaction of the Chief Planner and Executive
Director, City Planning.

h. The owner shall submit a detailed wind tunnel test complete with a statistical wind
analysis to determine the impacts and efficacy of the recommended wind mitigation
measures, evaluated to the satisfaction of the Chief Planner and Executive Director, City
Planning. The owner shall construct and maintain any required mitigation measures, to be
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secured through the site plan application review process, to the satisfaction of the Chief
Planner and Executive Director, City Planning.

4. In the event the LPAT allows the appeal in whole or in part, City Council authorize the City
Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act securing the
following as matters required to support the development:

a. The owner shall enter into a financially secured Development Agreement for the
construction of any improvements to the existing municipal infrastructure, should it be
determined that upgrades are required to the infrastructure to support this development.

b. The owner shall construct and maintain the development in accordance with Tier 1
performance measures of the Toronto Green Standard, as adopted by Toronto City Council
at its meeting held on October 26 and 27, 2009 through the adoption of Item PG32.3 of the
Planning and Growth Management Committee, and as updated by Toronto City Council at
its meeting held on December 5, 6 and 7, 2017 through the adoption of Item PG23.9 of the
Planning and Growth Management Committee, and as may be further amended by City
Council from time to time.

c. The owner shall satisfy the requirements of the Toronto District School Board and the
Toronto Catholic District School Board regarding warning clauses and signage with
respect to school accommodation issues.

d. A minimum of 10% of the dwelling units on the lands must be three-bedroom units and
a minimum of 20% of the dwelling units on the lands must be two-bedrooms units.

5. City Council authorize the City Solicitor and appropriate City staff to take such necessary
steps, as required, to implement City Council's decision.

Origin
(December 10, 2020) Report from the Director, Community Planning, Etobicoke York District

Summary
The owner of the site at 933-935 The Queensway has appealed the Zoning By-law Amendment
application for these lands to the Local Planning Appeal Tribunal (LPAT) citing City Council's
failure to make a decision on the application within the time period prescribed under the
Planning Act. A second LPAT Case Management Conference is scheduled for March 8, 2021.

This application proposes to amend the former City of Etobicoke Zoning Code (Site Specific
Zoning By-law No. 514-2003) and City-wide Zoning By-law No. 569-2013 to permit a stepped
16-storey (53.43 m in height, excluding the mechanical penthouse) mixed-use building at 933-
935 The Queensway. The proposed building would contain 227 dwelling units, a residential
Gross Floor Area of 18,118 m² and a commercial Gross Floor Area of 492 m² at grade for a
total density of 6.93 times the area of the lot. The development would include 238 parking
spaces in a 4-storey underground parking garage.

The purpose of this report is to seek City Council's direction for the City Solicitor and other
appropriate City staff to attend the Local Planning Appeal Tribunal hearing to oppose the
application, as currently proposed. The proposed development is not consistent with the
Provincial Policy Statement (2020) and does not conform with the Growth Plan for the Greater
Golden Horseshoe (2020). This report reviews and recommends refusal of the application in its
current form with respect to the proposed building typology, building height, massing and
density. The proposed building height and density are not in keeping with the existing or
planned context for the Avenues area along The Queensway as identified in Official Plan
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policies, The Queensway Avenue Study, the implementing Zoning By-law nor the Queensway
Design Guidelines and Streetscape Improvements.

Background Information
(December 10, 2020) Report and Attachments 1 to 9 from the Director, Community Planning,
Etobicoke York District on 933 - 935 The Queensway - Zoning By-law Amendment
Application - Request for Direction Report
(http://www.toronto.ca/legdocs/mmis/2021/ey/bgrd/backgroundfile-159347.pdf)

Motions
1 - Motion to Amend Item moved by Councillor Mark Grimes (Carried)
That the Etobicoke York Community Council amend Recommendation 1 as follows:

1. City Council direct the City Solicitor, together with appropriate City staff, and/or retain
external consultants, as may be appropriate, to attend the Local Planning Appeal Tribunal
(LPAT) hearing to oppose the applicant's appeal of the Zoning By-law Amendment application
for 933-935 The Queensway.

2 - Motion to Adopt Item as Amended moved by Councillor Mark Grimes (Carried)

EY21.4 ACTION Adopted Delegated Ward: 3

All-Way Stop Control - Viking Lane and the Access Road from
Southbound Kipling Avenue to St. Albans Road

Community Council Decision


The Etobicoke York Community Council:

1. Authorized all-way compulsory stop control at the intersection of Viking Lane and the
access road from southbound Kipling Avenue to St. Albans Road.

Origin
(November 10, 2020) Report from the Acting Director, Traffic Management, Transportation
Services

Summary
This staff report is about a matter that Community Council has delegated authority from City
Council to make a final decision.

Transportation Services is requesting authorization to formalize the all-way stop control at the
intersection of Viking Lane and the access road from southbound Kipling Avenue to St. Albans
Road. This intersection is currently signed as being all-way stop controlled, without
authorization by Community Council. Based on the assessment undertaken, the authorization of
all-way stop control is recommended and should be continued to enhance safety for all road
users.

Background Information
(November 10, 2020) Report and Attachment 1 from the Acting Director, Traffic Management,
Transportation Services on All-Way Stop Control - Viking Lane and the Access Road from
Southbound Kipling Avenue to St. Albans Road
(http://www.toronto.ca/legdocs/mmis/2021/ey/bgrd/backgroundfile-159458.pdf)

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Motions
1 - Motion to Adopt Item moved by Councillor Michael Ford (Carried)

EY21.5 ACTION Adopted Ward: 2

Exclusive Right-Turn Lane Designation - Mill Road at Markland Drive

Community Council Recommendations


The Etobicoke York Community Council recommends that:

1. City Council designate the westerly southbound lane on Mill Road, between Markland Drive
and a point 30.5 metres north, for southbound right-turns only.

Origin
(December 14, 2020) Report from the Acting Director, Traffic Management, Transportation
Services

Summary
As the Toronto Transit Commission (TTC) operates bus service on Mill Road, City Council
approval of this report is required.

The purpose of this report is to designate the westerly southbound lane on Mill Road, between
Markland Drive and a point 30.5 metres north, for southbound right-turns only.

Background Information
(December 14, 2020) Report and Attachment 1 from the Acting Director, Traffic Management,
Transportation Services on Exclusive Right-Turn Lane Designation - Mill Road at Markland
Drive
(http://www.toronto.ca/legdocs/mmis/2021/ey/bgrd/backgroundfile-159405.pdf)

Motions
1 - Motion to Adopt Item moved by Councillor Stephen Holyday (Carried)

EY21.6 ACTION Adopted Ward: 3

Permanent Closure of Portions of Public Highway Lands abutting


Dundas Street West and Kipling Avenue

Public Notice Given

Statutory - City of Toronto Act, 2006

Community Council Recommendations


The Etobicoke York Community Council recommends that:

1. City Council authorize the permanent closure of the portions of the public highway lands
abutting Dundas Street West and Kipling Avenue, shown as Part 11 and 12 of the R-Plan 66R-
30391 (the "Highway"), Attachment 2 to the report (December 14, 2020) from the Director,
Transportation Planning and Capital Program, Transportation Services.

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2. City Council enact a by-law substantially in the form of the draft by-law attached as
Appendix "A", to Attachment 1 to the report (December 14, 2020) from the Director,
Transportation Planning and Capital Program, Transportation Services.

Origin
(December 14, 2020) Report from the Director, Transportation Planning and Capital Program,
Transportation Services

Summary
Transportation Services recommends that the portions of highway lands abutting Dundas Street
West and Kipling Avenue be permanently closed and operational management of the lands to
be transferred to Corporate Real Estate Management in order to complete the City-initiated Six
Points Redevelopment Project.

Background Information
(December 14, 2020) Report and Attachments 1 and 2 from the Director, Transportation
Planning and Capital Program, Transportation Services on the Permanent Closure of Portions
of Public Highway Lands abutting Dundas Street West and Kipling Avenue
(http://www.toronto.ca/legdocs/mmis/2021/ey/bgrd/backgroundfile-159463.pdf)
(December 17, 2020) Public Notice
(http://www.toronto.ca/legdocs/mmis/2021/ey/bgrd/backgroundfile-159451.pdf)

Motions
1 - Motion to Adopt Item moved by Councillor Michael Ford (Carried)

EY21.7 ACTION Adopted Delegated Ward: 5

Through Highway Designation - Railway Lane

Community Council Decision


The Etobicoke York Community Council:

1. Designated Railway Lane, from Nickle Street to Victoria Boulevard, as a through highway.

Origin
(December 7, 2020) Report from the Acting Director, Traffic Management, Transportation
Services

Summary
This staff report is about a matter that Community Council has delegated authority from City
Council to make a final decision.

Transportation Services is recommending that Railway Lane be designated as a through


highway, which will require all intersecting streets to stop at Railway Lane. The proposed
designation will clearly define the right-of-way and enhance driver and pedestrian safety.

Background Information
(December 7, 2020) Report and Attachment 1 from the Acting Director, Traffic Management,
Transportation Services on Through Highway Designation - Railway Lane
(http://www.toronto.ca/legdocs/mmis/2021/ey/bgrd/backgroundfile-159403.pdf)

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Motions
1 - Motion to Adopt Item moved by Councillor Frances Nunziata (Carried)

EY21.8 ACTION Adopted Ward: 3

Payment-In-Lieu of Parking - 703 The Queensway

Community Council Recommendations


The Etobicoke York Community Council recommends that:

1. City Council exempt the applicant at 703 The Queensway from the provision of an
additional 6 parking spaces on-site in order to satisfy the requirements of Site Specific Zoning
By-law 514-2003, subject to a $30,000 payment-in-lieu of parking, provided the applicant signs
a Payment-In-Lieu of Parking Agreement with the City, to the satisfaction of the City Solicitor.

Origin
(December 11, 2020) Report from the Director, Planning and Capital Program, Transportation
Services

Summary
This report seeks City Council's approval to exempt the owner of 703 The Queensway from the
parking requirements specified in Site Specific Zoning By-law 514-2003.

The site was the subject of Committee of Adjustment Minor Variance Application
A0303/20EYK. Under this application, the owner of the property requested approval to permit
a parking deficiency for a dental office and two residential dwelling units. In accordance with
the October 6, 2020 decision for the above-noted file, the Committee approved the Minor
Variance Application on condition that the owner successfully lease off-site parking, provide
the City with payment-in-lieu of parking, or a combination of both, to the satisfaction
Development Planning and Review, Transportation Services. The owner has chosen not to
pursue the option of leasing off-site parking spaces and will proceed only with a payment-in-
lieu of parking application.

As noted in the above-referenced Committee of Adjustment decision, a minimum of 9 parking


spaces are required for the proposed dental office use and 2 parking spaces are required for the
proposed dwelling units under Site Specific Zoning By-law 514-2003. However, based on
information provided by the owner, the dental office use will perform a very specialized
function. Taking into account potential staff expansion, the use will contain a pediatric dentist,
a periodontist, an endodontist and an oral surgeon, plus a maximum of 4 support staff and a
maximum of 2 patients at any time. The owner further advised that at no point will there be an
overlap in specialized dentists at the dental office. On this basis, it would be reasonable to
conclude that the dental office use will generate a parking demand of approximately 7 spaces at
any point in time.

A total of 3 parking spaces will be provided on-site, of which 2 spaces will be exclusively
designated for the residential units and 1 space will be designated for the dental office use.

Given the demand information provided, the owner submitted a request for Payment-In-Lieu of
Parking to the City, which amounts to $30,000, for a parking deficiency of 6 spaces.

The parking exemption is considered appropriate since the 6 parking space shortfall will not
have a significant impact on parking conditions in the area.
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Section 40 of the Planning Act grants City Council the authority to approve payment-in-lieu of
parking. This application has been made pursuant to the City's Payment-In-Lieu of Parking
Policy, as adopted in July 2004. City Council approval is required as this matter has not been
delegated.

Background Information
(December 10, 2020) Report and Attachment 1 from the Director, Planning and Capital
Program, Transportation Services on Payment-In-Lieu of Parking - 703 The Queensway
(http://www.toronto.ca/legdocs/mmis/2021/ey/bgrd/backgroundfile-159462.pdf)

Motions
1 - Motion to Adopt Item moved by Councillor Michael Ford (Carried)

EY21.9 ACTION Adopted Delegated Ward: 5

Re-opening Item EY14.8: All-Way Stop Control - Thurodale Avenue and


Duckworth Street

Community Council Decision


The Etobicoke York Community Council:

1. Deleted Part 1 of the Etobicoke Community Council decision on Item EY14.8 and adopted
the following:

1. Authorized the installation of All-Way Stop Control at the intersection of Thurodale


Avenue and Duckworth Street.

Decision Advice and Other Information


The Etobicoke York Community Council re-opened item EY14.8 for further consideration.

Origin
(December 14, 2020) Letter from Councillor Frances Nunziata

Summary
At its meeting held on March 12, 2020 Etobicoke York Community Council adopted the
recommendations in Item EY14.8 made by staff at Transportation Services to not authorize an
all-way stop control at the intersection of Thurodale Avenue and Duckworth Street.

Subsequently, residents in the area of Thurodale Avenue and Duckworth Street collected a
signed petition with signatures from seventeen households in the immediate area to show
support in the implementation of the all-way stop at this location. Residents voiced concerns
with speeding in the area and safety concerns for pedestrians and feel that an all-way stop
would help address these concerns.

Background Information
(December 14, 2020) Letter from Councillor Frances Nunziata on Re-opening Item EY14.8:
All-Way Stop Control - Thurodale Avenue and Duckworth Street
(http://www.toronto.ca/legdocs/mmis/2021/ey/bgrd/backgroundfile-159409.pdf)

Motions
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1 - Motion to Re-open Delegated Item moved by Councillor Michael Ford (Carried)


That the Etobicoke York Community Council:

1. Re-open Item EY14.8, titled “All-Way Stop Control – Thurodale Avenue and Duckworth
Street”.

2 - Motion to Adopt Item moved by Councillor Frances Nunziata (Carried)

Vote (Adopt Item) Jan-08-2021


Result: Carried Majority Required
Yes: 4 Michael Ford, Mark Grimes (Chair), Frances Nunziata, Anthony Perruzza
No: 1 Stephen Holyday
Absent: 0

EY21.10 ACTION Adopted Delegated Ward: 5

Implementation of Permit Parking on Silverthorn Avenue, between


Kenora Cresent and Aileen Avenue

Community Council Decision


The Etobicoke York Community Council:

1. Amended Schedule A of City of Toronto Municipal Code, Chapter 925, Permit Parking, to
incorporate Silverthorn Avenue, between Kenora Crescent and Aileen Avenue, on a street name
basis, under the operating hours of 12:01 a.m. to 6:00 a.m., 7 days a week.

Origin
(December 22, 2020) Letter from Councillor Frances Nunziata

Summary
At its meeting of December 16, 2020, City Council approved an exemption for the
implementation of permit parking on Silverthorn Avenue, between Kenora Crescent and Aileen
Avenue from the requirements of subsection 925-4B of City of Toronto Municipal Code
Chapter 925, Permit Parking.

Silverthorn Avenue, between Kenora Crescent and Aileen Avenue is presently not licensed for
permit parking. Adding this block of Silverthorn Avenue to the permit parking program would
allow residents to obtain a residential on-street parking permit and provide them with the
ability to legally park overnight.

Background Information
(December 22, 2020) Letter from Councillor Frances Nunziata on the Implementation of
Permit Parking on Silverthorn Avenue, between Kenora Crescent and Aileen Avenue
(http://www.toronto.ca/legdocs/mmis/2021/ey/bgrd/backgroundfile-159737.pdf)

Motions
1 - Motion to Add New Business at Committee moved by Councillor Mark Grimes (Carried)

2 - Motion to Adopt Item moved by Councillor Frances Nunziata (Carried)

ACTION Adopted Ward: 2


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EY21.11
18 Herne Hill - Request for City Solicitor to Attend at the Toronto Local
Appeal Body

Community Council Recommendations


The Etobicoke York Community Council recommends that:

1. City Council authorize the City Solicitor and appropriate City Staff to attend at the Toronto
Local Appeal Body hearing to oppose the Minor Variance application requested in Application
No. A0132/20EYK, respecting 18 Herne Hill.

2. City Council authorize the City Solicitor to negotiate a resolution of the appeal of the
decision in Application No. A0132/20EYK respecting 18 Herne Hill and authorize the City
Solicitor to settle the matter on behalf of the City at her discretion after consultation with the
Ward Councillor, with the Director of Community Planning, Etobicoke York District, and with
the Supervisor, Tree Protection and Plan Review, Etobicoke York District.

Origin
(January 7, 2021) Letter from Councillor Stephen Holyday

Summary
On August 27, 2020, the Committee of Adjustment (the "Committee") approved a Minor
Variance application brought by the owners of 18 Herne Hill for the following variances: gross
floor area, front yard setback, side yard setback, maximum height for a flat roof dwelling, and
front yard stairs (the "Application"). The Application proposed to construct a new detached
dwelling with an attached garage. A copy of the Committee's decision is attached.

In a report from the Supervisor, Tree Protection and Plan Review, dated August 13, 2020,
Urban Forestry Staff opposed the following variance: gross floor area. A copy of the Urban
Forestry report is attached. Urban Forestry Staff opined that the approval of the gross floor area
variance will result in the injury of one privately owned healthy by-law protected Heritage
Tree. Urban Forestry staff also stated that the Official Plan contains policies specifically
intended to ensure the protection, preservation and enhancement of trees.

On September 15, 2020, a resident appealed the Committee's decision to approve the
Application to the Toronto Local Appeal Body (the "TLAB"). The TLAB has issued a notice of
hearing for this file and the deadline for the City to elect to be a party in this matter is February
3, 2021.

Background Information
(January 7, 2021) Letter from Councillor Stephen Holyday on 18 Herne Hill - Request for City
Solicitor to Attend at the Toronto Local Appeal Body
(http://www.toronto.ca/legdocs/mmis/2021/ey/bgrd/backgroundfile-159800.pdf)
Attachment 1: Notice of Decisions of the Committee of Adjustment (Consent and Minor
Variances)
(http://www.toronto.ca/legdocs/mmis/2021/ey/bgrd/backgroundfile-159801.pdf)
Attachment 2: Urban Forestry Report to the Committee of Adjustment
(http://www.toronto.ca/legdocs/mmis/2021/ey/bgrd/backgroundfile-159802.pdf)

Motions
1 - Motion to Add New Business at Committee moved by Councillor Mark Grimes (Carried)

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2 - Motion to Adopt Item moved by Councillor Stephen Holyday (Carried)

EY21.12 ACTION Adopted Delegated Ward: 1, 2, 3, 5, 7

Enactment of By-laws

Community Council Decision


General Bills
Etobicoke York Community Council enacted By-laws 2-2021 to 4-2021.

Confirmatory Bill
Etobicoke York Community Council passed a Confirmatory Bill as By-law 5-2021.

Summary
Introduction and consideration of Bills for enactment of By-laws.

Motions
1 - Motion to Introduce and Pass General Bills moved by Councillor Mark Grimes (Carried)
10:49 a.m. - That the Etobicoke York Community Council pass and declare as a by-law Bills 2
to 4 prepared for the January 8, 2021 Meeting 21 of the Community Council.

Bill No. By-law No. Status Title and Authority


2 2-2021 Enacted To amend City of Toronto Municipal Code Chapter
950, Traffic and Parking, respecting Viking Lane.

Item EY21.4, as adopted by Etobicoke York


Community Council on January 8, 2021.
3 3-2021 Enacted To amend City of Toronto Municipal Code Chapter
950, Traffic and Parking, respecting Duckworth Street
and Thurodale Avenue.

Item EY21.9, as adopted by Etobicoke York


Community Council on January 8, 2021.
4 4-2021 Enacted To amend City of Toronto Municipal Code Chapter
950, Traffic and Parking, respecting Railway Lane.

Item EY21.7, as adopted by Etobicoke York


Community Council on January 8, 2021.

2 - Motion to Introduce and Pass Confirmatory Bill moved


by Councillor Mark Grimes (Carried)
10:49 a.m. - That the Etobicoke York Community Council pass and declare as a by-law a
confirmatory bill to confirm the legislative proceedings of the Etobicoke York Community
Council acting under delegated authority at Meeting 21 on January 8, 2021.

Bill No. By-law No. Status Title and Authority


5 5-2021 Enacted To confirm the proceedings of Etobicoke York
Community Council at Meeting 21 held on January 8,
2021 as it relates to decisions made under delegated
authority.

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(This final confirming By-law confirms the actions
taken by Community Council under delegated
authority at this meeting, including the enactment of
any previous confirming By-laws.)

Procedural Motions
Motion to Adopt Minutes moved by Councillor Michael Ford (Carried)
That the Etobicoke York Community Council confirm the minutes of its meeting held on
December 4, 2020.

Announcements

The Chair acknowledged that the Etobicoke York Community Council was meeting
on the traditional territory of many nations including the Mississaugas of the Credit, the
Anishnabeg, the Chippewa, the Haudenosaunee and the Wendat peoples and is now home to
many diverse First Nations, Inuit and Métis peoples. The Chair also acknowledged that Toronto
is covered by Treaty 13 with the Mississaugas of the Credit.

Where the Members of the Etobicoke York Community Council listed in the attendance for this
meeting participated remotely, they were counted for quorum as permitted by Section 189(4.2)
of the City of Toronto Act, 2006, and City Council's Procedures.

Friday, January 8, 2021


Mark Grimes, Chair, Etobicoke York Community Council

Meeting Sessions
Session Date Session Type Start Time End Time Public or Closed Session
2021-01-08 Morning 9:31 AM 10:50 AM Public

Attendance
Members were present for some or all of the time period indicated.
Date and Time Quorum Members
2021-01-08 Present Present: Michael Ford, Mark Grimes (Chair), Stephen Holyday, Frances
09:31 AM - 10:50 AM Nunziata, Anthony Perruzza
(Public Session)

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