Item - 2019.SC8.3

Scarborough Community Council recommends that:

1. City Council amend the former City of Scarborough Birchcliff Community Zoning By-law No. 8786, as amended, for the lands at 1478-1496 Kingston Road substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment 5 to this report (August 28, 2019) from the Director, Community Planning, Scarborough District.

2. City Council amend City of Toronto Zoning By-law No. 569-2013, as amended, for the lands at 1478-1496 Kingston Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to this report (August 28, 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 Zoning By-law Amendments 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 to secure the following facilities, services and matters at the owners expense:

a. Prior to issuance of an above grade building permit, other than a building permit for a temporary sales office, the owner shall pay to the City a cash payment of five hundred thousand dollars ($500,000.00) to be allocated towards: public art; non-profit arts, cultural, community or institutional facilities; and/or various streetscape improvements not abutting the site in Ward 20 to be determined by the Chief Planner and Executive Director of City Planning in consultation with the local Councillor, and that the design of the streetscape improvements comply with the Streetscape Manual to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. The financial contribution identified in this subsection a. above shall be indexed upwardly from the date of the registration of the Section 37 Agreement to the date the payment is made in accordance with the non-residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication No. 327-0058, or its successor; and

c. In the event the cash contribution referred to in this subsection a. has not been used for the intended purpose within three (3) years of this 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 of City Planning, in consultation with the local Councillor, provided that the purpose(s) is/are identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands.   

5. City Council direct that the following matters are also to be secured in the Section 37 Agreement as a legal convenience to support development:

a. 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 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 Committee, and as may be further amended by City Council from time to time.

6. Prior to the issuance of Notice of Approval Conditions for the related Site Plan Control Application, City Council require the owner to address the following matters to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services:

a. provide space within the development for the installation of maintenance access holes and sampling ports on the private side of the property line of 1478-1496 Kingston Road, 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;

b. enter into a financially secured Development Agreement with the City for the construction of improvements to the municipal infrastructure including the extension of proposed storm and sanitary sewers to support this development, according to the Site Servicing Review accepted by the Chief Engineer and Executive Director of Engineering and Construction Services; and

c. satisfy all outstanding issues outlined in the Engineering and Construction Services Memorandum dated Aug 27, 2019 to City Planning to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services.

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

The application for a Zoning By-law Amendment proposes to amend the former City of Scarborough Birchcliff Community Zoning By-law No. 8786 and City of Toronto Zoning By-law No. 569-2013 to permit the construction of an 11 storey building at 1478-1496 Kingston Road.  The proposed redevelopment would consist of 198 residential dwelling units and include 486.9 square metres of commercial ground floor area on the first floor. The proposal would result in a Floor Space Index (FSI) of 6.93 times the lot area.

The proposal is consistent with the Provincial Policy Statement (2014) and conforms with the Growth Plan for the Greater Golden Horseshoe (2019).

The proposal is a high quality mixed-use development that conforms with the development criteria required by the Mixed Use Areas and Avenues policies of the Official Plan, as well as other relevant policies pertaining to built form and transportation.  The zoning by-law amendments would allow for the appropriate residential development on the subject lands with commercial uses at grade that would animate the streetscape along Kingston Road improving the pedestrian experience along this Avenue.

This report reviews and recommends approval of the application to amend the Zoning By-laws.