Item - 2022.SC33.8

Scarborough Community Council recommends that:

1. City Council amend City of Toronto Zoning By-law 569-2013, as amended, for the lands at 4415 to 4419 and 4421 Sheppard Avenue East, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (June 14, 2022) from the Director, Community Planning, Scarborough District.

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

3. City Council authorize the City Solicitor to submit the necessary bill to implement City Council's decision provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will be issued until such time as the Section 37 Agreement is executed and registered.

4. City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act, as follows:

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

1. an indexed cash contribution of $950,000.00 to be paid by the owner prior to the issuance of the first above-grade building permit for the new residential building, to be allocated towards local improvements to parks and community facilities in Ward 23 provided that purpose is identified in the Toronto Official Plan and will benefit the community, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

 2. the cash contribution set out in Recommendation 4.a.1. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135-01, or its successor, calculated from the date City Council adopts the zoning by-law amendment(s) to the date of payment; and

3. in the event the cash contribution in Recommendation 4.a.1. 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(s), 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 Official Plan and will benefit the community in the vicinity of the site.

b. the following matters to be secured in the Section 37 Agreement as a legal convenience to support the development as follows:

1. the owner shall provide to the City for nominal consideration Privately-Owned Publicly Accessible Open Space easements for the on-site Privately-Owned Publicly Accessible Open Space of approximately 142 square metres located at the northeast corner of the subject site at the intersection of Brimley Road and Sheppard Avenue East, for public access and provisions for rights of support if necessary, encumbrances and insurance, and indemnification of the City by the owner, to the satisfaction of the Director, Real Estate Services, the Chief Planner and Executive Director, City Planning, and the City Solicitor in consultation with the Ward Councillor. The owner shall own, operate, maintain, and repair the Privately-Owned Publicly Accessible Open Space and install signage in a location to be determined through the Site Plan review process, at its own Privately-Owned Publicly Accessible Open Space at any time, 365 days a year. The final design and program of the Privately-Owned Publicly Accessible Open Space will be determined through the Site Plan review process and secured in a Site Plan Agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning;

2. the owner shall submit a revised Functional Servicing and Stormwater Management Report to the Satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services to address the matters as set out in the Engineering and Construction Services memorandum dated June 8, 2022;

3. prior to the issuance of a building permit, the owner shall enter into a financially secured development agreement for the construction of any improvements to the municipal infrastructure, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, if it is determined that upgrades are required to the infrastructure to support this development, according to the accepted Functional Servicing and Stormwater Management Report referenced in Recommendation 4.b.2. above; and

4. the Owner will construct and maintain the development of the site in accordance with Tier 1, Toronto Green Standard, and the Owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the site.

5. City Council direct the City Solicitor to revise the zoning by-law amendment attached as Attachment 5 to the report (June 14, 2022) from the Director, Community Planning, Scarborough District to implement Recommendation 4.a.2 above prior to the submission of the bills for adoption by City Council.

The Scarborough Community Council held a statutory public meeting on June 30, 2022 and notice was given in accordance with the Planning Act.

This application proposes to amend Zoning By-law 569-2013 for lands at 4415 to 4419 and 4421 Sheppard Avenue East to permit the construction of an 11 storey (35.95 metres) mixed-use development. The existing buildings on site would be demolished.

The proposed mid-rise building would contain 239 residential units and a gross floor area of 17,991 square metres resulting in an overall density of 5.2 times the area of the lot. A total of 325.4 square metres of non-residential gross floor area is located on the ground level for a portion of the Sheppard Avenue East frontage and the full Brimley Road frontage. Six residential townhouse units directly accessible from grade are proposed to be located along Fulham Street along with the main residential lobby entrance at the northwest corner of the building along Sheppard Avenue East.

Access to the garage, loading, and short-term parking is provided along a private driveway taken from Fulham Street. Parking for 182 vehicles and 189 bicycles are proposed at grade and within a two and a half level underground parking structure. A 142 square metre Privately Owned Publicly Accessible Open Space (POPS) is also proposed at the northeast corner of the site at the intersection of Sheppard Avenue and Brimley Road.

The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) as implemented by the policies of the City of Toronto's Official Plan, including Official Plan Amendment 479 and 480. The proposed development advances Official Plan direction for reurbanizing Avenues and Mixed Use Areas by intensifying an underutilized site on Sheppard Avenue East with residential uses and supporting the public realm with grade related commercial uses and open space at the intersection of Sheppard Avenue East and Brimley Road.

As part of the approvals for the application, it is recommended that a cash contribution of $950,000 be secured to be directed towards local park improvements in Ward 23 in an agreement pursuant to Section 37 of the Planning Act. It is also recommended that a number of items be secured through the Section 37 as a legal convenience including a POPS and the finalized Engineering studies.

This report reviews and recommends approval of the application to amend the Zoning By-law to permit the proposed development.