Item - 2019.SC8.2

Tracking Status

SC8.2 - 1560 Brimley Road and 1350 Ellesmere Road - Official Plan Amendment, Zoning Amendment - Final Report

Decision Type:
ACTION
Status:
Adopted
Ward:
21 - Scarborough Centre

City Council Decision

City Council on October 2 and 3, 2019, adopted the following:

 

1. City Council amend the Official Plan, for the lands at 1560 Brimley Road and 1350 Ellesmere Road substantially in accordance with the draft Official Plan Amendment attached as Attachment 5 to the report (August 26, 2019) from the Director, Community Planning, Scarborough District.

 

2. City Council amend former City of Scarborough Employment Districts Zoning By-law 24982 (Progress Employment District), as amended, for the lands at 1560 Brimley Road and 1350 Ellesmere Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (August 26, 2019) from the Director, Community Planning, Scarborough District.

 

3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and draft Zoning By-law Amendment 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, together with satisfactory provisions in the amending by-laws, to secure the items described generally below, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor and at the owner's expense:

 

a. a financial contribution in the amount of $750,000.00 payable to the City of Toronto prior to issuance of the first above-grade building permit, with such amount to be indexed upwardly in accordance with Statistics Canada Non-Residential Building Construction Price Index for Toronto for the period from the date of the registration of the Section 37 Agreement to the date of payment. The funds shall be directed as follows:

 

i. $100,000 to be allocated to the Toronto Public Library to undertake capital upgrades at the Scarborough Civic Centre Branch; 

 

ii. $160,000 to be allocated towards park improvements within proximity of the site;

 

iii. $105,000 to be allocated towards capital improvements to Squirrel's Nest Child Care at 1305 Ellesmere Road; 

 

iv. $200,000 to be allocated to Toronto Public Library branches for capital upgrades to the library facilities, including the purchase of musical instruments in order to deliver the 'Borrow a Musical Instrument' loan program, musical equipment for local non-profit community and school bands, and/or equipment and software for recording studio purposes;

 

v. $100,000 towards capital improvements to the Scarborough YMCA at 230 Town Centre Court to improve accessibility of the building;

 

vi. $85,000 towards funding for capital facilities for EarlyON programs in close proximity to the subject site; and

 

vii. in the event the cash contributions required in Parts 4.a.i to 4.a.iv. above have not been used for the intended purpose within three (3) years of the date of the issuance of the first above-grade building permit, the cash contribution may be directed to 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 subject property.

 

b. a financial contribution in the amount of 1 percent of the gross construction costs to commission public art in a process in accordance with the Percent for Public Art Program Guidelines; a Letter of Credit in the amount of 1 percent of the gross construction costs will be provided prior to the issuance of the first above-grade building permit, with such an amount to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto for the period from the date of the registration of the Section 37 Agreement to the date of payment. Prior to the issuance of the first above-grade building permit, the owner will submit a plan that details the possible locations of any public art installations on the site and the method of art selection, to the satisfaction of the Chief Planner and Executive Director, City Planning Division in consultation with the Ward Councillor; and

 

c. the following matters are also recommended to be secured in the Section 3 Agreement as a legal convenience to support development:

 

i. the owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by City Council at its meeting held on October 26 and 27, 2009, and as updated by City Council at its meeting held on December 5, 6 and 7, 2017, and as may be further amended by City Council from time to time.

Public Notice Given

Statutory - Planning Act, RSO 1990

Background Information (Community Council)

(August 26, 2019) Report and Attachments 1-8 from the Director, Community Planning, Scarborough District - 1560 Brimley Road and 1350 Ellesmere Road - Official Plan Amendment, Zoning Amendment - Final Report
https://www.toronto.ca/legdocs/mmis/2019/sc/bgrd/backgroundfile-137034.pdf
(September 13, 2019) REVISED Attachment 6: Draft Zoning By-law Amendment
https://www.toronto.ca/legdocs/mmis/2019/sc/bgrd/backgroundfile-137600.pdf

Communications (City Council)

(October 1, 2019) E-mail from Nicole Corrado (CC.Supp.SC8.2.1)

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Oct-02-2019 10:18 AM

Result: Carried Majority Required - SC8.2 - Adopt the item
Total members that voted Yes: 25 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Stephen Holyday, Jim Karygiannis, Cynthia Lai, Mike Layton, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 1 Members that were absent are Jaye Robinson

SC8.2 - 1560 Brimley Road and 1350 Ellesmere Road - Official Plan Amendment, Zoning Amendment - Final Report

Decision Type:
ACTION
Status:
Amended
Ward:
21 - Scarborough Centre

Public Notice Given

Statutory - Planning Act, RSO 1990

Community Council Recommendations

Scarborough Community Council recommends that:

 

1. City Council amend the Official Plan, for the lands at 1560 Brimley Road and 1350 Ellesmere Road substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 5 to the report dated August 26, 2019, from the Director, Community Planning, Scarborough District.

 

2. City Council amend former City of Scarborough Employment Districts Zoning By-law No. 24982 (Progress Employment District), as amended, for the lands at 1560 Brimley Road and 1350 Ellesmere Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to the report dated August 26, 2019, from the Director, Community Planning, Scarborough District.

 

3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and draft Zoning By-law Amendment 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, together with satisfactory provisions in the amending by-laws, to secure the items described generally below, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor and at the owner's expense:

 

a. a financial contribution in the amount of $750,000.00 payable to the City of Toronto prior to issuance of the first above-grade building permit, with such amount to be indexed upwardly in accordance with Statistics Canada Non-Residential Building Construction Price Index for Toronto for the period from the date of the registration of the Section 37 Agreement to the date of payment. The funds shall be directed as follows:

 

i. $100,000 to be allocated to the Toronto Public Library to undertake capital upgrades at the Scarborough Civic Centre Branch; 

 

ii. $160,000 to be allocated towards park improvements within proximity of the site;

 

iii. $105,000 to be allocated towards capital improvements to Squirrel's Nest Child Care at 1305 Ellesmere Road; 

 

iv. $200,000 to be allocated to Toronto Public Library branches for capital upgrades to the library facilities, including the purchase of musical instruments in order to deliver the 'Borrow a Musical Instrument' loan program, musical equipment for local non-profit community and school bands, and/or equipment and software for recording studio purposes;

 

v. $100,000 towards capital improvements to the Scarborough YMCA at 230 Town Centre Court to improve accessibility of the building;

 

vi. $85,000 towards funding for capital facilities for EarlyON programs in close proximity to the subject site; and

 

vii. in the event the cash contributions required in Parts 4.a.i., ii., iii., iv., and iv. above have not been used for the intended purpose within three (3) years of the date of the issuance of the first above-grade building permit, the cash contribution may be directed to 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 subject property.

 

b. a financial contribution in the amount of 1 % of the gross construction costs to commission public art in a process in accordance with the Percent for Public Art Program Guidelines.  A letter of credit in the amount of 1 % of the gross construction costs will be provided prior to the issuance of the first above-grade building permit, with such an amount to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto for the period from the date of the registration of the Section 37 Agreement to the date of payment. Prior to the issuance of the first above-grade building permit, the owner will submit a plan that details the possible locations of any public art installations on the site and the method of art selection, to the satisfaction of the Chief Planner and Executive Director, City Planning Division in consultation with the Ward Councillor; and

 

c. the following matters are also recommended to be secured in the Section 3 Agreement as a legal convenience to support development:

 

i. the owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by City Council at its meeting held on October 26 and 27, 2009, and as updated by City Council at its meeting held on December 5, 6 and 7, 2017, and as may be further amended by City Council from time to time.

Decision Advice and Other Information

Scarborough Community Council held a statutory public meeting on September 16, 2019 and notice was given in accordance with the Planning Act.

Origin

(August 26, 2019) Report from the Director, Community Planning, Scarborough District

Summary

The applications propose a 15-storey mixed-use building (54 metres, including the mechanical penthouse) at 1560 Brimley Road and 1350 Ellesmere Road.  The building would have a total gross floor area of 18,720 square metres.  The building would consist of 127 square metres of retail uses at grade with 250 residential units above.  A total of 240 vehicular parking spaces are proposed on a 3-level below grade parking garage, as well as 192 bicycle parking spaces. The proposed building would have a density of 5.12 times the area of the lot. 

 

The proposed amendment to the Official Plan would exempt the subject lands from Policy 6.3 of the Scarborough Centre Secondary Plan to bring the parkland dedication rate for the site in accordance with the Official Plan policies regarding parkland that are in force at the time of issuance of the first above-grade building permit. 

 

The proposed development is consistent with the Provincial Policy Statement (2014) as it provides a density and a mix of land uses that efficiently use land and resources. It is also transit supportive being approximately 800-metres from the Scarborough Centre RT station, as well as TTC bus routes along Brimley and Ellesmere Roads.

 

The proposal conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019), as it provides for an appropriate type and scale of development in a strategic growth area that provides an acceptable transition of built form to adjacent areas.

 

This report reviews and recommends approval of the applications to amend the Official Plan and the Employment Districts Zoning By-law No. 24982 (Progress Employment District), and to lift the Holding ("H") provisions for the subject site. The application proposes residential and commercial development at a key gateway into Scarborough Centre.

Background Information

(August 26, 2019) Report and Attachments 1-8 from the Director, Community Planning, Scarborough District - 1560 Brimley Road and 1350 Ellesmere Road - Official Plan Amendment, Zoning Amendment - Final Report
https://www.toronto.ca/legdocs/mmis/2019/sc/bgrd/backgroundfile-137034.pdf
(September 13, 2019) REVISED Attachment 6: Draft Zoning By-law Amendment
https://www.toronto.ca/legdocs/mmis/2019/sc/bgrd/backgroundfile-137600.pdf

Motions

1 - Motion to Amend Item moved by Councillor Michael Thompson (Carried)

Scarborough Community Council recommends that:

 

1.  Recommendation 4.a.ii. of the report (August 26, 2019) from the Director, Community Planning, Scarborough District, be amended by changing the amount from $260,000 to $160,000 and Recommendation 4.a.iv. be amended by changing the amount from $100,00 to $200,000 so that it now reads as follows:

 

"4. Before introducing the necessary Bills to City Council for enactment, require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act, together with satisfactory provisions in the amending by-laws, to secure the items described generally below, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor and at the owner's expense:

 

a. a financial contribution in the amount of $750,000.00 payable to the City of Toronto prior to issuance of the first above-grade building permit, with such amount to be indexed upwardly in accordance with Statistics Canada Non-Residential Building Construction Price Index for Toronto for the period from the date of the registration of the Section 37 Agreement to the date of payment. The funds shall be directed as follows:

 

i. $100,000 to be allocated to the Toronto Public Library to undertake capital upgrades at the Scarborough Civic Centre Branch; 

 

ii. $260,000 $160,000 to be allocated towards park improvements within proximity of the site;

 

iii. $105,000 to be allocated towards capital improvements to Squirrel's Nest Child Care at 1305 Ellesmere Road; 

 

iv. $100,000 $200,000 to be allocated to Toronto Public Library branches for capital upgrades to the library facilities, including the purchase of musical instruments in order to deliver the 'Borrow a Musical Instrument' loan program, musical equipment for local non-profit community and school bands, and/or equipment and software for recording studio purposes;

 

v. $100,000 towards capital improvements to the Scarborough YMCA at 230 Town Centre Court to improve accessibility of the building;

 

vi. $85,000 towards funding for capital facilities for EarlyON programs in close proximity to the subject site; and

 

vii. in the event the cash contributions required in Parts 4.a.i., ii., iii., iv., and iv. above have not been used for the intended purpose within three (3) years of the date of the issuance of the first above-grade building permit, the cash contribution may be directed to 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 subject property."


2 - Motion to Adopt Item as Amended moved by Councillor Michael Thompson (Carried)
Source: Toronto City Clerk at www.toronto.ca/council