Item - 2018.EY31.8

Tracking Status

  • City Council adopted this item on June 26, 2018 without amendments and without debate.
  • This item was considered by Etobicoke York Community Council on June 6, 2018 and was adopted with amendments. It will be considered by City Council on June 26, 2018.
  • See also By-law 803-2018

EY31.8 - Request for Directions Report - 240 Markland Drive - Zoning By-law Amendment Application

Decision Type:
ACTION
Status:
Adopted on Consent
Ward:
3 - Etobicoke Centre

City Council Decision

City Council on June 26, 27, 28 and 29, 2018, adopted the following:

 

1.  City Council oppose the Zoning By-law Amendment application for 240 Markland Drive in its current form.

 

2.  City Council authorize the City Solicitor, together with Planning staff and any other appropriate staff, to attend the Local Planning Appeal Tribunal hearing in support of a settlement to the appeal of the Zoning By-law Amendment application for 240 Markland Drive, as outlined in the report (May 18, 2018) from the Director, Community Planning, Etobicoke York District, with Attachment 1: Site Plan, replaced with the Site Plan (June 5, 2017) attached to motion 1a by Councillor Stephen Holyday and on the condition that the following revisions are made to the plans:

 

a.  the overall height of the Bloor Building be reduced by 1 storey (3.0 metres); and

 

b.  terracing be added to the south end of the Bloor Building (facing Broadfield Drive) starting with the 7th floor (18.9 metres above grade), and terracing back a minimum horizontal distance of 2.5 metres per floor.

  

3.  In the event that the Local Planning Appeal Tribunal allows the appeal of the Zoning By-law Amendment application in whole or in part, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order(s) approving the application until:

 

a.  the owner enters into an Agreement pursuant to Section 37 of the Planning Act, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, such Agreement to be registered on title to the lands at 240 Markland Drive, in a manner satisfactory to the City Solicitor to secure the following community benefits at the owners expense:

 

i.  a cash contribution of $185,000 to be paid to the City prior to the issuance of the first above-grade building permits, to be used towards local park improvements;

 

ii.  the above noted cash contribution referred to in Part 3a.i. above shall 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;

 

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

 

iv.  the following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience prior to the issuance of site plan approval to support development all to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the appropriate civic officials and the Ward Councillor:

 

A.  as a condition of site plan approval and prior to the issuance of any permits for this development, the owner shall prepare a Construction Management Plan with the City of Toronto and to the satisfaction of the Director Community Planning, along with the Chief Engineer and Executive Director, Engineering and Construction Services; and

 

B.  prior to final Site Plan Approval, the owner shall provide a Construction Mitigation Strategy which includes a communication strategy for adjacent property owners and the neighbourhood association and an interim parking plan for existing tenants and tradespeople during the construction period, and a Tenant Communication Plan to the satisfaction of the Chief Planner and Executive Director, City Planning and thereafter the owner shall implement such strategies and plans;

 
b.  the owner enters into an Agreement pursuant to Section 37 of the Planning Act, satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor, such Agreement to be registered on title to the lands at 240 Markland Drive, in a manner satisfactory to the City Solicitor to secure the following matters, facilities, amenities and building improvements for the existing residential rental units, with no pass-through of costs to the existing tenants all at the owners expense to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor:

 

i.  the owner shall provide and maintain the 113 existing residential rental units at 240 Markland Drive as rental housing for a period of at least 20 years, from the date of the Zoning By-Law coming into full force and effect and with no applications for demolition or conversion from residential rental use made during such 20 year period, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

 

ii.  the owner shall provide a dog run for the use of residents of the site as well as the surrounding community, to be located adjacent to the entrance of the existing building fronting Markland Drive, and this space shall be designed and furnished to the satisfaction of the Chief Planner and Executive Director, City Planning, up to a maximum cost of $30,000;

 

iii.  improvements to the outdoor amenity space for use by the residents of the existing building and the new buildings on an equal basis in the form of:

 

- a children's play area, which shall be designed and furnished to the satisfaction of the Chief Planner and Executive Director, City Planning, up to a maximum cost of $40,000;

 
- at least 15 benches up to a maximum cost of $22,000; and

 
- at least 85 bicycle parking spaces/racks for tenants of the existing building, of which 77 will be long-term bicycle parking spaces located beneath the underpass of the existing building and 8 will be short-term bicycle parking spaces located close to the main entrance of the existing building; and

 
iv.  improvements to the existing laundry room facilities in the form of two new dryers.

 

c.  the City and the owner present to the Local Planning Appeal Tribunal a draft Zoning By-law Amendment to the satisfaction of the City Solicitor and Chief Planner and Executive Director, City Planning that among other matters, provides for securing the existing rental housing and improvements to such housing together with appropriate Section 37 benefits as recommended by the Chief Planner and Executive Director, City Planning;

 

d.  the City Solicitor confirms the execution and registration of a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning to secure community benefits pursuant to Section 37 of the Planning Act; such Section 37 Agreement will include a further agreement to provide for the shared access of and maintenance and easements with respect to the shared driveway, underground parking/bike parking, walkway, loading areas, servicing areas or any other commonly accessed areas as illustrated on any approved drawing between the new development and the existing 10-storey rental apartment building to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; and

 

e.  the owner submits an acceptable Functional Servicing Report and Hydrogeological Report to the satisfaction of Chief Engineer and Executive Director of Engineering and Construction Services and that the owner be required to make satisfactory arrangements with the City for the design and construction of any improvements to the municipal infrastructure by the owner at no cost to the City should it be determined that the improvements to such infrastructure is required to support the development, to the satisfaction of Chief Engineer and Executive Director, Engineering and Construction Services.

 

4.  City Council amend Municipal Code Chapter 925, Permit Parking, such that the General Manager, Transportation Services shall not accept applications from residents of, visitors to or tradespersons at 240 Markland Drive, for a permit.

 

5.  City Council authorize the City Solicitor and necessary City staff to take such steps as may be necessary to implement City Council's decision. 

Background Information (Community Council)

(May 18, 2018) Report from the Director, Community Planning, Etobicoke York District - 240 Markland Drive - Zoning By-law Amendment Application - Request for Directions Report
https://www.toronto.ca/legdocs/mmis/2018/ey/bgrd/backgroundfile-115314.pdf
(June 5, 2017) Updated Attachment 1: Site Plan - 240 Markland Drive (as attached to motion 1a by Councillor Stephen Holyday)
https://www.toronto.ca/legdocs/mmis/2018/ey/bgrd/backgroundfile-116249.pdf

Communications (Community Council)

(May 28, 2018) Submission from Patricia and Carson Allen (EY.New.EY31.8.1)
(June 4, 2018) Letter from G. Balascas, Markland Wood Homeowners Association (EY.New.EY31.8.2)
https://www.toronto.ca/legdocs/mmis/2018/ey/comm/communicationfile-83134.pdf
(June 4, 2018) Submission from Patricia and Carson Allen (EY.New.EY31.8.3)
(June 4, 2018) E-mail from Margherita B. (EY.New.EY31.8.4)
(June 6, 2018) E-mail from Jason Hunter (EY.New.EY31.8.5)

Communications (City Council)

(June 25, 2018) E-mail from Nancy Rakowski (CC.New.EY31.8.6)

EY31.8 - Request for Directions Report - 240 Markland Drive - Zoning By-law Amendment Application

Decision Type:
ACTION
Status:
Amended
Ward:
3 - Etobicoke Centre

Community Council Recommendations

Etobicoke York Community Council recommends that:

 

1.  City Council oppose the Zoning By-law Amendment application for 240 Markland Drive in its current form.

 

2.  City Council authorize the City Solicitor, together with Planning staff and any other appropriate staff, to attend the Local Planning Appeal Tribunal (LPAT) hearing in support of a settlement to the appeal of the Zoning By-law Amendment application for 240 Markland Drive, as outlined in the report (May 18, 2018) from the Director, Community Planning, Etobicoke York District, with Attachment 1: Site Plan, replaced with the Site Plan (June 5, 2017) attached to motion 1a by Councillor Stephen Holyday; and on the condition that the following revisions are made to the plans:

 

a.  The overall height of the Bloor Building be reduced by 1 storey (3.0 metres).

 

b.  Terracing be added to the south end of the Bloor Building (facing Broadfield Drive) starting with the 7th floor (18.9 metres above grade), and terracing back a minimum horizontal distance of 2.5 metres per floor.

  

3.  In the event that the Local Planning Appeal Tribunal (LPAT) allows the appeal of the Zoning By-law Amendment application in whole or in part, City Council authorize the City Solicitor to request the LPAT to withhold its Order(s) approving the application until:

 

a.  The owner enters into an Agreement pursuant to Section 37 of the Planning Act, satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor, such Agreement to be registered on title to the lands at 240 Markland Drive, in a manner satisfactory to the City Solicitor to secure the following community benefits at the owners expense:

 

i.  A cash contribution of $185,000 to be paid to the City prior to the issuance of the first above-grade building permits, to be used towards local park improvements;

 

ii.  The above noted cash contribution referred to in Part i above shall 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; and

 

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

 

iv.  The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience prior to the issuance of site plan approval to support development all to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the appropriate civic officials and the Ward Councillor:

 

A.  As a condition of site plan approval and prior to the issuance of any permits for this development, the owner shall prepare a Construction Management Plan with the City of Toronto and to the satisfaction of the Director Community Planning, along with the Chief Engineer and Executive Director – Engineering & Construction Services for the City of Toronto.

 

B.  Prior to final Site Plan Approval, the owner shall provide a Construction Mitigation Strategy which includes a communication strategy for adjacent property owners and the neighbourhood association and an interim parking plan for existing tenants and tradespeople during the construction period, and a Tenant Communication Plan to the satisfaction of the Chief Planner and Executive Director, City Planning and thereafter the owner shall implement such strategies and plans.

 
b.  The owner enters into an Agreement pursuant to Section 37 of the Planning Act, satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor, such Agreement to be registered on title to the lands at 240 Markland Drive, in a manner satisfactory to the City Solicitor to secure the following matters, facilities, amenities and building improvements for the existing residential rental units, with no pass-through of costs to the existing tenants all at the owners expense to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor:

 

i.  The owner shall provide and maintain the 113 existing residential rental units at 240 Markland Drive as rental housing for a period of at least 20 years, from the date of the Zoning By-Law coming into full force and effect and with no applications for demolition or conversion from residential rental use made during such 20 year period, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

 

ii.  The owner shall provide a dog run for the use of residents of the site as well as the surrounding community, to be located adjacent to the entrance of the existing building fronting Markland Drive, and this space shall be designed and furnished to the satisfaction of the Chief Planner and Executive Director, City Planning, up to a maximum cost of $30,000.

 

iii.  Improvements to the outdoor amenity space for use by the residents of the existing building and the new buildings on an equal basis in the form of:

 

- A children's play area, which shall be designed and furnished to the satisfaction of the Chief Planner and Executive Director, City Planning, up to a maximum cost of $40,000;

 
- At least 15 benches up to a maximum cost of $22,000; and

 
- At least 85 bicycle parking spaces/racks for tenants of the existing building, of which 77 will be long-term bicycle parking spaces located beneath the underpass of the existing building and 8 will be short-term bicycle parking spaces located close to the main entrance of the existing building.

 
iv.  Improvements to the existing laundry room facilities in the form of two new dryers.

 

c.  The City and the owner present to the LPAT a draft Zoning By-law Amendment to the satisfaction of the City Solicitor and Chief Planner and Executive Director, City Planning that among other matters, provides for securing the existing rental housing and improvements to such housing together with appropriate Section 37 benefits as recommended by the Chief Planner and Executive Director, City Planning.

 

d.  The City Solicitor confirms the execution and registration of a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning to secure community benefits pursuant to Section 37 of the Planning Act.  Such Section 37 Agreement will include a further agreement to provide for the shared access of and maintenance and easements with respect to the shared driveway, underground parking/bike parking, walkway, loading areas, servicing areas or any other commonly accessed areas as illustrated on any approved drawing between the new development and the existing 10-storey rental apartment building to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

 

e.  The owner submits an acceptable Functional Servicing Report and Hydrogeological Report to the satisfaction of Chief Engineer and Executive Director of Engineering and Construction Services and that the owner be required to make satisfactory arrangements with the City for the design and construction of any improvements to the municipal infrastructure by the owner at no cost to the City should it be determined that the improvements to such infrastructure is required to support the development, to the satisfaction of Chief Engineer and Executive Director of Engineering and Construction Services.

 

4.  City Council amend Municipal Code Chapter 925, Permit Parking, such that the General Manager, Transportation Services, shall not accept applications from residents of, visitors to or tradespersons at 240 Markland Drive, for a permit.

 

5.  City Council authorize the City Solicitor and necessary City staff to take such steps as may be necessary to implement Council's decision. 

Decision Advice and Other Information

Etobicoke York Community Council:

 

1.  Requested the City Clerk to provide a copy of Toronto's Good Neighbour Guide for Residential Infill Construction to the applicant.

Origin

(May 18, 2018) Report from the Director, Community Planning, Etobicoke York District

Summary

This application proposes to amend the Etobicoke Zoning Code to permit the development of two buildings including: a 9-storey residential apartment building fronting Bloor Street West with an integrated 3-storey residential townhouse block at the northwest corner of Broadfield Drive; and a 3-storey residential building at the northeast corner of Markland Drive and Sunplains Crescent.  Combined, these buildings would contain 164 units.  The existing 10-storey, 113 unit apartment building would be retained.

 

The owner appealed the Zoning By-law Amendment application to the Ontario Municipal Board (OMB) (now the Local Planning Appeal Tribunal (LPAT)) citing City Council's failure to make a decision within the prescribed time frame set out in the Planning Act. A Prehearing Conference has yet to be scheduled.

 

The purpose of this report is to seek City Council's direction for the City Solicitor, together with appropriate City staff, to attend the Local Planning Appeal Tribunal hearing in support of a settlement to the appeal of the above application as outlined in this report, provided the outstanding issues are resolved to the City's satisfaction.

Background Information

(May 18, 2018) Report from the Director, Community Planning, Etobicoke York District - 240 Markland Drive - Zoning By-law Amendment Application - Request for Directions Report
https://www.toronto.ca/legdocs/mmis/2018/ey/bgrd/backgroundfile-115314.pdf
(June 5, 2017) Updated Attachment 1: Site Plan - 240 Markland Drive (as attached to motion 1a by Councillor Stephen Holyday)
https://www.toronto.ca/legdocs/mmis/2018/ey/bgrd/backgroundfile-116249.pdf

Communications

(May 28, 2018) Submission from Patricia and Carson Allen (EY.New.EY31.8.1)
(June 4, 2018) Letter from G. Balascas, Markland Wood Homeowners Association (EY.New.EY31.8.2)
https://www.toronto.ca/legdocs/mmis/2018/ey/comm/communicationfile-83134.pdf
(June 4, 2018) Submission from Patricia and Carson Allen (EY.New.EY31.8.3)
(June 4, 2018) E-mail from Margherita B. (EY.New.EY31.8.4)
(June 6, 2018) E-mail from Jason Hunter (EY.New.EY31.8.5)

Speakers

Eugene Oleksiuk, Markland Woods Homeowners Association
Patricia and Carson Allen
Bill Winegard
Michael Georgopoulos
Doug Ferries
Georgina Balascas
Katharine McLarty, President, Tyne Terrace
Peter Swinton, PMG Planning Consultants
Richard Boehnke
Nancy Rakowski
Chris Creedon
Anna Schaefer
John Ferracuti
Antonio Natalizio
Saulius Brikis
Peter Derry
Bill Newell
Tara Mesensky

Motions

1a - Motion to Amend Item moved by Deputy Mayor Stephen Holyday (Carried)

That Etobicoke York Community Council:

 

1.  Amend Recommendation 1 contained in the report (May 18, 2018) from the Director, Community Planning, Etobicoke York District, by adding the following:

 

"with the Attachment 1: Site Plan, replaced with the Site Plan (June 5, 2017) attached to motion 1a by Councillor Stephen Holyday" 

 

so that Recommendation 1 now reads:

 

1.  City Council authorize the City Solicitor, together with Planning staff and any other appropriate staff, to attend the Local Planning Appeal Tribunal (LPAT) hearing in support of a settlement to the appeal of the Zoning By-law Amendment application for 240 Markland Drive, as outlined in the report (May 18, 2018) from the Director, Community Planning, Etobicoke York District, with the Attachment 1: Site Plan, replaced with the Site Plan (dated June 5, 2017) attached to motion 1a by Councillor Stephen Holyday.


1b - Motion to Amend Item moved by Deputy Mayor Stephen Holyday (Carried)

That Etobicoke York Community Council:

 

1.  Add the following new recommendation:

 

City Council oppose the Zoning By-law Amendment application for 240 Markland Drive in its current form.

 

2.  Amend Recommendation 1 contained in the report (May 18, 2018) from the Director, Community Planning, Etobicoke York District, by adding "on the condition that the following revisions are made to the plans:

 

a.  The overall height of the Bloor Building be reduced by 1 storey (3.0 metres).

 

b.  Terracing be added to the south end of the Bloor Building (facing Broadfield Drive) starting with the 7th floor (18.9 metres above grade), and terracing back a minimum horizontal distance of 2.5 metres per floor."

 

so that Recommendation 1 now reads:

 

1.  City Council authorize the City Solicitor, together with Planning staff and any other appropriate staff, to attend the Local Planning Appeal Tribunal (LPAT) hearing in support of a settlement to the appeal of the Zoning By-law Amendment application for 240 Markland Drive, as outlined in the report (May 18, 2018) from the Director, Community Planning, Etobicoke York District, on the condition that the following revisions are made to the plans:

 

a.  That the overall height of the Bloor Building be reduced by 1 storey (3.0 metres).

 

b.  That terracing be added to the south end of the Bloor Building (facing Broadfield Drive) starting with the 7th floor (18.9 metres above grade), and terracing back a minimum horizontal distance of 2.5 metres per floor.


1c - Motion to Amend Item (Additional) moved by Deputy Mayor Stephen Holyday (Carried)

That Etobicoke York Community Council recommend that:

 

1.  City Council amend Municipal Code Chapter 925, Permit Parking, such that the General Manager, Transportation Services, shall not accept applications from residents of, visitors to or tradespersons at 240 Markland Drive, for a permit.


1d - Motion to Amend Item moved by Deputy Mayor Stephen Holyday (Carried)

That Etobicoke York Community Council amend Recommendation 2a contained in the report (May 18, 2017) from the Director, Community Planning, Etobicoke York District, by adding the following:

 

iv.  The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience prior to the issuance of site plan approval to support development all to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the appropriate civic officials and the Ward Councillor:

 

A.  As a condition of site plan approval and prior to the issuance of any permits for this development, the owner shall prepare a Construction Management Plan with the City of Toronto and to the satisfaction of the Director Community Planning, along with the Chief Engineer and Executive Director – Engineering & Construction Services for the City of Toronto.

 

B.  Prior to final Site Plan Approval, the owner shall provide a Construction Mitigation Strategy which includes a communication strategy for adjacent property owners and the neighbourhood association and an interim parking plan for existing tenants and tradespeople during the construction period, and a Tenant Communication Plan to the satisfaction of the Chief Planner and Executive Director, City Planning and thereafter the owner shall implement such strategies and plans.


1e - Motion to Amend Item (Additional) moved by Deputy Mayor Stephen Holyday (Carried)

That Etobicoke York Community Council:

 

1.  Request the City Clerk to provide a copy of Toronto's Good Neighbour Guide for Residential Infill Construction to the applicant.


Motion to Adopt Item as Amended (Carried)
Source: Toronto City Clerk at www.toronto.ca/council