Item - 2023.SC7.2

The Scarborough Community Council recommends that:

1.  City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 1571 Sandhurst Circle substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (August 22, 2023) from the Acting 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 allow the owner of 1571 Sandhurst Circle to construct, finish, furnish, equip and convey to the City a non-profit licensed childcare facility (the "Childcare Facility") to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager of Children's Services as part of the development, as an in-kind contribution pursuant to subsection 37(6) of the Planning Act, in accordance with the following terms:

a.  the Childcare Facility will accommodate a minimum of 88 children, including infants, toddlers and preschoolers;

b.  The Childcare Facility will comprise approximately 1,022 square metres of indoor space located on the first floor of Building G (Block 4) of the proposed development, and 371 square metres of outdoor space immediately adjacent to Building G; and

c.  The Childcare Facility will be provided in accordance with the terms to be set out in the In-Kind Contribution Agreement identified in Recommendation 6, below, to the satisfaction of the Chief Planner and Executive Director, City Planning.

4.  City Council attribute a value to the in-kind contribution set out in Recommendation 3, above, equal to 100 percent of 4 percent of the value of the land (net of any exclusions or exemptions authorized under the Community Benefits Charge By-law), as determined the day before the day the first building permit is issued in respect of the development.

5.  In the event Block 1 is constructed as part of Phase 1, City Council require the owner to provide a Letter of Credit in an amount equivalent to the Community Benefits Charge that would have been payable for the value of the land proceeding as a first phase as determined the day before the day the first building permit is issued in respect of the development.

6.  City Council authorize the Chief Planner and Executive Director, City Planning to enter into an agreement pursuant to subsection 37(7.1) of the Planning Act (the "In-kind Contribution Agreement") to address the provision of the in-kind contribution identified in Recommendation 3, above, to the satisfaction of the Chief Planner and Executive Director, City Planning, General Manager of Children's Services and the City Solicitor, with such agreement to be registered on title to the Site, which agreement shall be evidence of arrangements for the provision of the in-kind contribution that are satisfactory to City Council.

7.  City Council require that, in accordance with Section 42 of the Planning Act, prior to the first above grade building permit for Phase 1, the Owner convey to the City, the on-site parkland dedication fronting Finch Avenue East having a minimum total area of 4,633 square metres to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

8.  City Council require that, in accordance with Section 42 of the Planning Act prior to the first above grade building permit for Phase 5, Building H the Owner convey to the City, the phase 5 on-site parkland dedication fronting Sandhurst Circle having a minimum total area of 3,247 square metres to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

9.  City Council approve the acceptance of on-site parkland dedication(s), subject to the owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition; the owner may propose the exception of encumbrances of tiebacks, where such an encumbrance is deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor; and such an encumbrance will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management.

10.  City Council require, prior to first above-grade building permit for any building on any part of the Site, the Owner to, at no cost to the City, register, or caused to be registered, in priority, a Section 118 restriction pursuant to the Land Titles Act against title to the lands to be dedicated as the phase 5 park described in Recommendation 8, above, that prohibits the transfer or charge of the parkland without prior written consent of the General Manager, Parks, Forestry and Recreation.

11.  City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the Owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation (PFR). The development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, PFR, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

12. City Council request the General Manager, Transportation Services, as part of the next Near-Term Cycling Network Plan Update (2025-2027), to review opportunities for bikeways and bike parking, and bike share opportunities in the area of Woodside Square, including McCowan Road, Finch Avenue, Sandhurst Circle, and other connecting neighbourhood routes.

13. City Council request the Executive Director, Social Development, Finance and Administration in consultation with the General Manager, Economic Development and Culture, the Chief Planner and Executive Director, City Planning, and other relevant Divisions, to submit a business case, for consideration by the Mayor as part of the 2024 budget process, to resource the actions to implement a collaborative and multilingual community engagement process involving residents, stakeholders and local institutions to assess services, assets and needs within the Agincourt North community given the Woodside Square redevelopment and report back by 4th quarter of 2024.

The Scarborough Community Council held a statutory public meeting on September 8, 2023, and notice was given in accordance with the Planning Act.

This application proposes to amend Zoning By-law 569-2013 to permit the redevelopment of lands at 1571 Sandhurst Circle around Woodside Square mall into a mixed use community. The proposal includes six tall buildings ranging in height from 22 to 33 storeys, and two 12-storey mid-rise buildings all on lands that currently contain surface parking at 1571 Sandhurst Circle. The existing mall building is proposed to be maintained but an existing stand-alone eating establishment would be demolished.

A total additional gross floor area of 202,903 square metres is proposed that would contain a total of 2,555 residential units and include 13,188 square metres of new non-residential space that can accommodate retail, commercial, and community uses. Two new public parks totaling 7,880 square metres in size would be dedicated to the City pursuant to Section 42 of the Planning Act.

The proposed development provides an improved public realm, additional retail and office space, public parkland and a childcare facility to create a new complete community within the Agincourt North neighbourhood. Development would be phased in order to manage change over a period of time and ensure appropriate infrastructure is available to serve the intensifying land uses. It would be supported by a new network of public streets, which would be implemented through a Draft Plan of Subdivision.

The subject lands at 1571 Sandhurst Circle (the "Site") is also subject to a proposed City-initiated Official Plan Amendment as part of the Woodside Square Planning Review, which is presented in a separate report. The review of this application informed the policy development exercise and the proposal was reviewed in the context of the emerging Site and Area Specific Policy (SASP) now being recommended to City Council for approval. As detailed in this report, the proposed Zoning By-law amendment conforms to the recommended SASP, being OPA 675, and advances the vision outlined in the policies for the future of the Woodside Square lands.

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). It conforms to the recommended revised SASP 236, adding a range and mix of residential units to the lands in a compact form while increasing the amount of non-residential space on the Site. Existing community spaces are retained and the applicant is proposing to construct and convey a childcare facility as an in-kind community benefit. The proposal provides a vibrant public realm through the provision of new parkland and open spaces while improving connectivity to and through the Site for emerging uses and the existing mall to be retained.

This report reviews and recommends approval of the application to amend the Zoning By-law. The recommended Zoning By-law includes a Holding provision (H) on the lands which would be lifted in whole or in part upon the submission of a Functional Servicing Report that demonstrates the provision of municipal servicing within public rights-of-way to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services. The report also recommends that City Council allow the owner to construct and convey a childcare facility as an in-kind contribution pursuant to Section 37(6) of the Planning Act and recommends City Council approve the application of development charge credits to support the construction of the proposed parks.