Item - 2015.SC8.25

Tracking Status

SC8.25 - 411 Victoria Park Avenue, 2510 and 2530 Gerrard Street East - Official Plan Amendment, Zoning Amendment, Subdivision Applications, and City of Toronto Initiated Official Plan Amendment - Final Report

Decision Type:
ACTION
Status:
Amended
Ward:
36 - Scarborough Southwest

City Council Decision

City Council on September 30, October 1 and 2, 2015, adopted the following:

 

1.  City Council amend the Official Plan, for the lands at 411 Victoria Park Avenue, 2510 and 2530 Gerrard Street East substantially in accordance with the draft Official Plan Amendment No. 288 attached as Attachment 8 to the report (August 28, 2015) from the Director, Community Planning, Scarborough District.

 

2.  City Council amend the Official Plan to re-establish the former Blantyre Avenue road allowance north of Gerrard Street East as a future public street substantially in accordance with the draft Official Plan Amendment No. 324 attached as Attachment 9 to the report (August 28, 2015) from the Director, Community Planning, Scarborough District.

 

3.  City Council amend the former City of Scarborough Birchcliff Community Zoning By-law No. 8786 for the proposed commercial lands at 411 Victoria Park Avenue, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 10 to the report (August 28, 2015) from the Director, Community Planning, Scarborough District.

 

4.  City Council amend City of Toronto Zoning By-law 569-2013 for the proposed commercial lands at 411 Victoria Park Avenue, to incorporate the subject lands previously regulated under the former City of Scarborough Birchcliff Community Zoning By-law 8786 into Toronto Zoning By-law 569-2013, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 11 to the report (August 28, 2015) from the Director, Community Planning, Scarborough District.

 

5.  City Council amend the former City of Scarborough Birchcliff Community Zoning By-law No. 8786 for the balance of the lands at 411 Victoria Park Avenue, 2510 and 2530 Gerrard Street East, substantially in accordance with the revised draft Zoning By-law Amendment attached as Attachment 1 to the supplementary report (September 28, 2015) from the Chief Planner and Executive Director, City Planning.

 

6.  Before introducing the Bill attached as Attachment 1 to the supplementary report (September 28, 2015) from the Chief Planner and Executive Director, City Planning to City Council for enactment, require the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act to provide $500,000.00 toward Above Base Park Improvements to the new public park, 30 units of affordable 'ownership' housing and to achieve Tier 2 of the Toronto Green Standard as further detailed in the supplementary report (September 28, 2015) from the Chief Planner and Executive Director, City Planning and require the Owner to submit the Legal Services fee for preparation of the Section 37 agreement.

 

7.  Before introducing the Bill attached as Attachment 1 to the supplementary report (September 28, 2015) from the Chief Planner and Executive Director, City Planning to City Council for enactment, City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the Director, Affordable Housing Office to report further on the implementation of the provisions for 30 affordable ownership units, including the partnership arrangements between Build Toronto and Habitat for Humanity, Greater Toronto Area ("Habitat").  In the event that refinements are required to the approach outlined in this Item and the related zoning by-law amendment in Attachment 1 to the supplementary report (September 28, 2015) from the Chief Planner and Executive Director, City Planning, or in the event that Build Toronto and Habitat fail to enter an agreement or Habitat fails to enter into a Section 37 Agreement to secure the provision of the 30 affordable ownership units, the Chief Planner and Executive Director, City Planning in consultation with the Director, Affordable Housing Office, will report further with recommendations to achieve the affordable ownership requirements of the Official Plan Amendment in Attachment 8 to the report (August 28, 2015) from the Director, Community Planning, Scarborough District and the Zoning By-law Amendment in Attachment 1 to the supplementary report (September 28, 2015) from the Chief Planner and Executive Director, City Planning.

  

8.  Before introducing the Bill attached as Attachment 1 to the supplementary report (September 28, 2015) from the Chief Planner and Executive Director, City Planning to City Council for enactment:

 

a.  Official Plan Amendment 288, as it pertains to policies authorizing the disposal of City owned lands in Parks and Open Space Areas - Parks, is to be in full force and effect; and

 

b.  the conveyance of Runnymede Park at 2530 Gerrard Street East to Build Toronto for inclusion in the proposed development, in accordance with the City's land disposal practices and requirements, is to be completed to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Director, Real Estate Services and Executive Director, Engineering and Construction Services.

 

9.  City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendments and/or draft Zoning By-law Amendments as may be required.

 

10.  In accordance with the delegated approval under By-law 229-2000, as amended, City Council be advised that the Chief Planner and Executive Director, City Planning intends to approve the draft plan of subdivision as generally illustrated on Attachment 4 to the report (August 28, 2015) from the Director, Community Planning, Scarborough District subject to:

 

a.  The conditions as generally listed in Attachment 13 to the report (August 28, 2015) from the Director, Community Planning, Scarborough District, which except as otherwise noted must be fulfilled prior to final approval and the release of the plan of subdivision for registration;

 

b.  Any such revisions to the proposed subdivision plan or any such additional modified conditions as the Chief Planner and Executive Director, City Planning may deem to be appropriate to address matters arising from the on-going technical review of this development; and

 

c.  Final Subdivision Approval not to be issued until all matters relating to the proposed Victoria Park Avenue Trunk Watermain (Gerrard Street East and Blantyre Avenue to the Eglinton Pumping Station) project discussed in the report report (August 28, 2015) from the Director, Community Planning, Scarborough District have been fully resolved to the satisfaction of the General Manager, Toronto Water and the Executive Director, Engineering and Construction Services.

 

11.  City Council authorize the City Solicitor to hold a deed in escrow from RioCan Holdings (GTA Marketplace) Inc. for the Street 'A1' block required to complete the proposed Musgrave Street extension and intersection at Victoria Park Avenue, and to register said deed in favour of the City of Toronto once the zoning by-law amendments attached as Attachments 10 and 11 to the report (August 28, 2015) from the Director, Community Planning, Scarborough District are both in full force and effect.

 

12.  City Council authorize and direct the use of the Parks component of the residential and commercial Development Charges generated by this development toward the implementation of Above Base Park Improvements to the new public park to be created.

 

13.  City Council authorize and direct the use of any cash-in-lieu of parkland dedications required for this development, above the first 5 percent, toward the implementation of Above Base Park Improvements to the new public park to be created.

 

14.  City Council determine that no further public notice is required.

Public Notice Given

Statutory - Planning Act, RSO 1990

Background Information (Community Council)

(August 28, 2015) Report and Attachments 1-13 from the Director, Community Planning, Scarborough District - 411 Victoria Park Avenue, 2510 and 2530 Gerrard Street East - Official Plan Amendment, Zoning Amendment, Subdivision Applications, and City of Toronto Initiated Official Plan Amendment - Final Report
https://www.toronto.ca/legdocs/mmis/2015/sc/bgrd/backgroundfile-83146.pdf
Notice of Public Meeting - 411 Victoria Park Avenue, 2510 and 2530 Gerrard Street East - Official Plan Amendment, Zoning Amendment, Subdivision Applications, and City of Toronto Initiated Official Plan Amendment - Final Report
https://www.toronto.ca/legdocs/mmis/2015/sc/bgrd/backgroundfile-82766.pdf
(August 19, 2015) Report from the Director, Community Planning, Scarborough District - 411 Victoria Park Avenue, 2510 and 2530 Gerrard Street East - Official Plan Amendment, Zoning Amendment, Subdivision Applications, and City of Toronto Initiated Official Plan Amendment Final Report - Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2015/sc/bgrd/backgroundfile-82740.pdf

Background Information (City Council)

(September 28, 2015) Supplementary report from the Chief Planner and Executive Director, City Planning on 411 Victoria Park Avenue, 2510 and 2530 Gerrard Street East - Official Plan Amendment, Zoning Amendment and Subdivision Applications (SC8.25a with recommendations)
https://www.toronto.ca/legdocs/mmis/2015/cc/bgrd/backgroundfile-84355.pdf

Communications (Community Council)

(August 14, 2015) E-mail from Dennis De Rango, Specialized Services Team Lead, Hydro One (SC.Main.SC8.25.1)
https://www.toronto.ca/legdocs/mmis/2015/sc/comm/communicationfile-54559.pdf
(September 3, 2015) Petition from Bernadette Warren, signed by approximately 550 area residents (SC.New.SC8.25.2)
(September 3, 2015) Submission from Bernadette Warren (SC.New.SC8.25.3)
(September 3, 2015) Submission from Dr. Francis T. Manns, submitted by Bernadette Warren (SC.New.SC8.25.4)
(September 4, 2015) Letter from John M. Alati, Davies Howe Partners LLP (SC.New.SC8.25.5)
https://www.toronto.ca/legdocs/mmis/2015/sc/comm/communicationfile-54772.pdf
(September 8, 2015) Letter from Joel D. Farber, Fogler Rubinoff LLP (SC.New.SC8.25.6)
https://www.toronto.ca/legdocs/mmis/2015/sc/comm/communicationfile-54841.pdf

Motions (City Council)

1 - Motion to Amend Item moved by Councillor Gary Crawford (Carried)

That City Council adopt the following recommendations contained in the supplementary report (September 28, 2015) from the Chief Planner and Executive Director, City Planning Division [SC8.25a]:

 

1.  City Council delete the draft Zoning By-law amendment for the Birchcliff Community referenced as Attachment 12 in the report dated August 28, 2015, and replace it with the revised draft Zoning By-law amendment attached to the report dated September 28, 2015 from Chief Planner and Executive Director.

 

2.  City Council further amend Recommendation 6. of the Final Report of the Director, Community Planning, Scarborough District dated August 28, 2015 to delete reference to achieving 'Tier 1 of the Toronto Green Standard' for the residential portions of the development under a Section 37 agreement, and replace it with the reference 'Tier 2 of the Toronto Green Standard'.

 

3.  City Council direct that no further Public Notice is required in regard to these recommendations.


Motion to Adopt Item as Amended (Carried)

SC8.25 - 411 Victoria Park Avenue, 2510 and 2530 Gerrard Street East - Official Plan Amendment, Zoning Amendment, Subdivision Applications, and City of Toronto Initiated Official Plan Amendment - Final Report

Decision Type:
ACTION
Status:
Amended
Ward:
36 - Scarborough Southwest

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 411 Victoria Park Avenue, 2510 and 2530 Gerrard Street East substantially in accordance with the draft Official Plan Amendment No. 288 attached as Attachment 8 to the report dated August 28, 2015.

 

2.  City Council amend the Official Plan to re-establish the former Blantyre Avenue road allowance north of Gerrard Street East as a future public street substantially in accordance with the draft Official Plan Amendment No. 324 attached as Attachment 9 to the report dated August 28, 2015.

 

3.  City Council amend the former City of Scarborough Birchcliff Community Zoning By-law No. 8786 for the proposed commercial lands at 411 Victoria Park Avenue, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 10 to the report dated August 28, 2015.

 

4.  City Council amend City of Toronto Zoning By-law 569-2013 for the proposed commercial lands at 411 Victoria Park Avenue, to incorporate the subject lands previously regulated under the former City of Scarborough Birchcliff Community Zoning By-law 8786 into Toronto Zoning By-law 569-2013, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 11 to the report dated August 28, 2015.

 

5.  City Council amend the former City of Scarborough Birchcliff Community Zoning By-law No. 8786 for the balance of the lands at 411 Victoria Park Avenue, 2510 and 2530 Gerrard Street East, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 12 to the report dated August 28, 2015.

 

6.  Before introducing the Bill attached as Attachment 12 to the report dated August 28, 2015 to City Council for enactment, require the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act to provide $500,000.00 toward Above Base Park Improvements to the new public park, 30 units of affordable 'ownership' housing and to achieve Tier 1 of the Toronto Green Standard as further detailed in the report dated August 28, 2015 and Attachment 12, and require the Owner to submit the Legal Services fee for preparation of the Section 37 agreement.

 

7.  Before introducing the Bill attached as Attachment 12 to the report dated August 28, 2015 to City Council for enactment, direct the Chief Planner and Executive Director, City Planning, in consultation with the Director, Affordable Housing Office to report further on the implementation of the provisions for 30 affordable ownership units, including the partnership arrangements between Build Toronto and Habitat for Humanity, Greater Toronto Area ("Habitat").  In the event that refinements are required to the approach outlined in this report and the related zoning by-law amendment (Attachment 12), or in the event that Build Toronto and Habitat fail to enter an agreement or Habitat fails to enter into a Section 37 Agreement to secure the provision of the 30 affordable ownership units, the Chief Planner and Executive Director, City Planning in consultation with the Director, Affordable Housing Office, will report further with recommendations to achieve the affordable ownership requirements of the Official Plan Amendment (Attachment 8) and Zoning By-law Amendment (Attachment 12) to the report dated August 28, 2015.

  

8.  Before introducing the Bill attached as Attachment 12 to the report dated August 28, 2015 to City Council for enactment:

 

a.  Official Plan Amendment 288, as it pertains to policies authorizing the disposal of City owned lands in Parks and Open Space Areas- Parks, is to be in full force and effect; and

 

b.  The conveyance of Runnymede Park at 2530 Gerrard Street East to Build Toronto for inclusion in the proposed development, in accordance with the City's land disposal practices and requirements, is to be completed to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Director, Real Estate Services and Executive Director, Engineering and Construction Services.

 

9.  City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendments and/or draft Zoning By-law Amendments as may be required.

 

10.  In accordance with the delegated approval under By-law 229-2000, as amended, City Council be advised that the Chief Planner and Executive Director, City Planning intends to approve the draft plan of subdivision as generally illustrated on Attachment 4 to the report dated August 28, 2015 subject to:

 

a.  The conditions as generally listed in Attachment 13 to the report dated August 28, 2015, which except as otherwise noted must be fulfilled prior to final approval and the release of the plan of subdivision for registration;

 

b.  Any such revisions to the proposed subdivision plan or any such additional modified conditions as the Chief Planner and Executive Director, City Planning may deem to be appropriate to address matters arising from the on-going technical review of this development; and

 

c.  Final Subdivision Approval not to be issued until all matters relating to the proposed Victoria Park Avenue Trunk Watermain (Gerrard Street East and Blantyre Avenue to the Eglinton Pumping Station) project discussed in the report dated August 28, 2015 have been fully resolved to the satisfaction of the General Manager, Toronto Water and the Executive Director, Engineering and Construction Services.

 

11.  City Council authorize the City Solicitor to hold a deed in escrow from RioCan Holdings (GTA Marketplace) Inc. for the Street 'A1' block required to complete the proposed Musgrave Street extension and intersection at Victoria Park Avenue, and to register said deed in favour of the City of Toronto once the zoning by-law amendments attached as Attachments 10 and 11 to the report dated August 28, 2015 are both in full force and effect.

 

12.  City Council authorize and direct the use of the Parks component of the residential and commercial Development Charges generated by this development toward the implementation of Above Base Park Improvements to the new public park to be created.

 

13.  City Council authorize and direct the use of any cash-in-lieu of parkland dedications required for this development, above the first 5%, toward the implementation of Above Base Park Improvements to the new public park to be created.

Decision Advice and Other Information

Scarborough Community Council held a statutory public meeting on September 8, 2015, and notice was given in accordance with the Planning Act.

 

Scarborough Community Council requested the Director, Community Planning, Scarborough District, to report directly to City Council on the feasibility of requiring the Owner to construct and maintain the development in accordance with Tier 2 performance measures of the Toronto Green Standard.

Origin

(August 28, 2015) Report from the Director, Community Planning, Scarborough District

Summary

Build Toronto proposes to redesignate a portion of the subject lands in the Official Plan from Mixed Use Areas to Neighbourhoods, to reconfigure the Parks and Open Space Areas – Parks designation currently applying to the City’s undeveloped Runnymede Park, and to designate a new internal collector road network on Schedule 2 of the Plan.  The proposed rezoning, for the blocks indicated on the proposed Draft Plan of Subdivision (Attachment 4), would permit approximately 9 100 square metres (98,000 square feet) of retail commercial use on the western portion of the site fronting Victoria Park Avenue, up to 300 dwelling units consisting of standard or 'stacked' townhouses and apartments along the new interior streets, and would establish appropriate Parks zoning to reflect the reconfigured public park.  Thirty of the proposed 300 units (10%) will be provided for affordable ownership.

 

The Draft Plan of Subdivision application proposes to establish two new public streets including the easterly extension of Musgrave Street and a new north/south street from Gerrard Street East.  Various blocks of land would be created to accommodate the commercial use fronting Victoria Park Avenue, five blocks of land for residential uses on the new streets, two blocks of land comprising the reconfigured public park, and a block of land along the adjacent rail line to accommodate an associated retaining wall and security fence. 

 

Also proposed is a City-initiated Official Plan Amendment to re-establish the former road allowance of Blantyre Avenue north of Gerrard Street East on Schedule 2 of the Official Plan as an additional new public street into the subject lands in future.

 

The proposals for the subject lands represent  appropriate development that will create a significant new, predominantly residential neighbourhood on this portion of the long vacant 'Birchcliff Quarry Lands', consistent with the current underlying Mixed Use Areas official plan designation and the site's urban context in proximity to higher-order transit services.  The proposed subdivision is appropriately designed to promote an acceptable interface with both the higher density zoned residential lands immediately to the east and the established, stable lower density Birchcliff community to the south.  Technical review has indicated that traffic, servicing and stormwater can be appropriately managed, and recommended mitigation measures respecting the adjacent Metrolinx GO Rail line noise source will be secured through the subdivision agreement. 

 

This report reviews and recommends approval of the proposed Official Plan and Zoning By-law amendments.  This report also advises that the Chief Planner may approve the Draft Plan of Subdivision.

Background Information

(August 28, 2015) Report and Attachments 1-13 from the Director, Community Planning, Scarborough District - 411 Victoria Park Avenue, 2510 and 2530 Gerrard Street East - Official Plan Amendment, Zoning Amendment, Subdivision Applications, and City of Toronto Initiated Official Plan Amendment - Final Report
https://www.toronto.ca/legdocs/mmis/2015/sc/bgrd/backgroundfile-83146.pdf
Notice of Public Meeting - 411 Victoria Park Avenue, 2510 and 2530 Gerrard Street East - Official Plan Amendment, Zoning Amendment, Subdivision Applications, and City of Toronto Initiated Official Plan Amendment - Final Report
https://www.toronto.ca/legdocs/mmis/2015/sc/bgrd/backgroundfile-82766.pdf
(August 19, 2015) Report from the Director, Community Planning, Scarborough District - 411 Victoria Park Avenue, 2510 and 2530 Gerrard Street East - Official Plan Amendment, Zoning Amendment, Subdivision Applications, and City of Toronto Initiated Official Plan Amendment Final Report - Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2015/sc/bgrd/backgroundfile-82740.pdf

Communications

(August 14, 2015) E-mail from Dennis De Rango, Specialized Services Team Lead, Hydro One (SC.Main.SC8.25.1)
https://www.toronto.ca/legdocs/mmis/2015/sc/comm/communicationfile-54559.pdf
(September 3, 2015) Petition from Bernadette Warren, signed by approximately 550 area residents (SC.New.SC8.25.2)
(September 3, 2015) Submission from Bernadette Warren (SC.New.SC8.25.3)
(September 3, 2015) Submission from Dr. Francis T. Manns, submitted by Bernadette Warren (SC.New.SC8.25.4)
(September 4, 2015) Letter from John M. Alati, Davies Howe Partners LLP (SC.New.SC8.25.5)
https://www.toronto.ca/legdocs/mmis/2015/sc/comm/communicationfile-54772.pdf
(September 8, 2015) Letter from Joel D. Farber, Fogler Rubinoff LLP (SC.New.SC8.25.6)
https://www.toronto.ca/legdocs/mmis/2015/sc/comm/communicationfile-54841.pdf

Speakers

William Bryck, President and Chief Executive Officer, Build Toronto
Bayne Anderson, Build Toronto
Carlo Bonanni, Build Toronto
Bernadette Warren
Ene Underwood, Chief Executive Officer, Habitat for Humanity, Greater Toronto Area
Isaiah Banach, Davies Howe Partners LLP

Motions

1 - Motion to Adopt Item moved by Councillor Gary Crawford (Carried)

2 - Motion to Amend Item (Additional) moved by Councillor Glenn De Baeremaeker (Carried)

That the Director, Community Planning, Scarborough District, be requested to report directly to City Council on the feasibility of requiring the Owner to construct and maintain the development in accordance with Tier 2 performance measures of the Toronto Green Standard.

Source: Toronto City Clerk at www.toronto.ca/council