Item - 2017.SC23.10

Scarborough Community Council recommends that:

1.  City Council authorize the City Solicitor together with City Planning staff and any other appropriate staff to attend any Ontario Municipal Board Hearings in support of the settlement described in the report dated May 26, 2017, from the Director, Community Planning, Scarborough District including the draft Zoning Bylaw Amendments attached as Attachments 11 and 12 to the report dated May 26, 2017, from the Director, Community Planning, Scarborough District for 1680 Brimley Road.

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

3.  That the Ontario Municipal Board be requested that prior to the issuance of its Final Order approving the Zoning By-law Amendments for the subject lands:

a.  The final form of the Zoning By-law Amendments shall be satisfactory to the Chief Planner and Executive Director, City Planning Division and the City Solicitor.

b.  The owner shall enter into and register on the Lands, one or more agreements with the City pursuant to Section 37 of the Planning Act to the satisfaction of the Chief Planner and Executive Director, City Planning Division and the City Solicitor with such facilities, services and matters to be additionally set forth in the related Zoning By-law Amendments, such agreement(s) to secure at the owner's expense and subject to requirements for insurance, indemnity, securing of letters of credit and upward indexing:

i.  The construction, finishing, furnishing and equipping of a non-profit licensed child care facility in Tower 2 to accommodate at least 62 children, including infants, toddlers and preschoolers, comprising a minimum of 855 square metres of interior space and a minimum of 241 square metres of exterior space adjacent to the interior space, including outdoor storage, and the provision for a child pick-up and drop-off area in the parking garage with safe and direct access to the child care facility. Prior to the issuance of the first above-grade building permit for Tower 2, the owner shall submit plans illustrating all details of the child care facility to the satisfaction of the Chief Planner and Executive Director, City Planning Division and the General Manager, Children's Services, with such child care facility to be made available to the City prior to the registration of the condominium for Tower 2.

ii.  The entering into a lease agreement with the City for three (3) twenty-five (25) year terms and one (1) twenty-four (24) year term for a total of ninety-nine (99) years with no termination allowed unless the General Manager, Children's Services, the lessor and the lessee agree; and such facility shall be free of all rent, the cost of all utilities and municipal services supplied to the facility, caretaking costs, repair and maintenance costs, property damage, liability insurance, realty taxes, local improvement charges and building permit fees and development charges in accordance with the City's Term Sheet.

iii.  Prior to the issuance of the first above-grade building permit, the owner shall make a one-time cash contribution of $180,000 to the Child Care Facility Reserve Fund to fully equip the Child Care Facility to replace appliances and large equipment due to wear and tear, which amount shall 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.

iv.  Prior to the issuance of the first above-grade building permit, the owner shall make a one-time cash contribution of $150,000 to Start-Up Costs for the defrayment of operational deficits during the first year of operation, which amount shall 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.

v.  The owner shall provide funds required to fully equip the Child Care Facility in accordance with provincial and municipal standards based on an inventory list provided by Children’s Services and finalized by the future child care operator chosen through the Expression of Interest process. Major appliances could be included in the contractor's scope of work. The final amount shall be determined to the satisfaction of the Chief Planner and Executive Director, City Planning Division and the General Manager, Children's Services and the amount shall 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.

vi.  The owner shall provide a contribution of $500,000.00 to commission public art in a process generally in accordance with the Percent for Public Art Program. A letter of credit in the amount of $500,000.00 will be provided prior to the issuance of the first above-grade building permit, which amount shall 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 detailing the possible locations of any public art installations on the site, to the satisfaction of the Chief Planner and Executive Director, City Planning Division in consultation with the Ward Councillor. Public art provided through this process will be provided on site prior to the registration of the condominium for Tower 4.

vii.  Prior to the registration of the condominium for Tower 4, the owner will convey to the City for nominal consideration, one public pedestrian easement securing access to one privately owned publicly-accessible space (POPS), having a minimum area of 1,208 square metres, generally as shown on the draft Zoning By-law Amendments attached as Attachments 11 and 12 to this report, to provide public access for use by the general public, which easement shall include provisions for rights of support if necessary, and insurance and indemnification of the City by the owner, to the satisfaction of the Chief Planner and Executive Director, City Planning Division, and the City Solicitor. The public access easement is to be conveyed to the City free and clear of all physical and title encumbrances unless otherwise agreed to by City Planning and the City Solicitor. The owner shall own, operate, maintain and repair the POPS. The owner shall install and maintain a centralized sign, at its own expense, in accordance with the City of Toronto POPS Urban Design Guidelines, stating that members of the public shall be entitled to use the POPS at any time, 365 days a year, with any changes to terms and conditions being satisfactory to the Chief Planner and Executive Director, City Planning Division.

viii.  The provision of a minimum of 4.7% of the residential dwelling units within the development to be three-bedroom dwelling units and a minimum additional 3.3% of the residential dwelling units within the development that are convertible to three-bedroom dwelling units, with built in features to ensure convertibility as determined prior to final site plan approval, and a minimum of 48% of the total number of residential dwelling units to be two and three bedroom dwelling units, to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

ix.  Prior to final site plan approval, the owner shall confirm that residents living in all buildings will have mutual access to the communal indoor and outdoor amenity areas to all buildings within this development.

x.   Prior to the issuance of any building permit, the owner shall enter into a financially secured Development Agreement with the City, to pay for and construct any improvements to the existing municipal infrastructure, including the engineering and inspection fee, in connection with the requirements stipulated in the accepted Functional Servicing Report, to the satisfaction of the Executive Director, Engineering and Construction Services, should it be determined that upgrades to such infrastructure are required to support this development.

xi.  The owner shall construct wind mitigation measures required pursuant to site plan approval, to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

xii.  The owner shall comply with the Noise Impact Study, prepared by J.E. Coulter Associates Limited, dated March 15, 2016, to the satisfaction of the City.

xiii.      Prior to the issuance of the first above-grade building permit for the buildings, a Professional Engineer qualified to provide acoustical engineering services will review the building plans and provide confirmation that any noise attenuation features required for transportation noise have been incorporated into the design of the buildings, including at a minimum those recommended in the Noise Impact Study, prepared by J.E. Coulter Associates Limited, dated March 15, 2016.

xiv.  The owner shall provide all dwelling units with air conditioning.

xv.   The owner will ensure that the Agreement of Purchase and Sale for all residential dwelling units will include warning clause(s) indicating to the owners that the sound levels on the site from transportation noise sources have exceeded the Ministry of the Environment and Climate Change's noise guidelines.

xvi.  The owner will ensure that the Agreement of Purchase and Sale for all residential dwelling units will include warning clause(s) notifying the owners of the presence of the adjacent industrial uses.

xvii.  The owner will ensure that the Agreement of Purchase and Sale for all residential dwelling units will include warning clause(s) related to air quality emissions.

xviii.  Air makeup units and any other building air intakes will be located as high as possible on the buildings.

xix.   The owner shall install enhanced air filtration for all residential air makeup units.

xx.    The owner shall locate the outdoor fresh air intake for the child care facility a minimum of 20 metres from the south property line.

xxi.   The owner shall install enhanced air filtration systems for the child care facility, including a minimum two inch MERV 8 pre-filter, integral to the makeup air unit and a four inch MERV 13 filter integral to the unit, located downstream of the supply air fan.

xxii.  Prior to the issuance of the first above-grade building permit for the buildings, a Professional Engineer or Architect will review the building plans and provide confirmation that potential for water vapour interaction and icing impacts on cladding and other building surfaces have been appropriately addressed.

c.  The owner shall submit to the Executive Director, Engineering and Construction Services for review and acceptance, a revised Functional Servicing Report, which includes sanitary and storm minor and major sewer capacity analysis, and fire demand, to demonstrate if the existing municipal infrastructure is adequate to service the proposed development and determine if any upgrades/improvements are required to the existing infrastructure to support this development proposal.

d.  The owner shall obtain approval for the short-term and long-term discharge of the private water into the City's sewer system and demonstrate in the Functional Servicing Report that there is adequate sewer capacity, all to the satisfaction of the Executive Director, Engineering and Construction Services in consultation with the General Manager, Toronto Water.

e.  The owner shall apply for and enter into a short-term Sanitary/Storm Discharge Agreement for Private Water discharged into the municipal sewer system during the excavation for dewatering of the site in accordance with Toronto Municipal Code 681 Sewers requirements. However, nothing in this agreement will inhibit the discretion of Environmental Monitoring and Protection, Toronto Water to review the application and impose certain quality limits and design criteria.

f.  If the proposed development will expect minimal groundwater drainage, the owner has the option to implement a water-tight structure, eliminating the need to implement Private Water Drainage System, otherwise the owner shall submit all the necessary documentation for a long-term Sanitary/Storm Discharge Agreement for Private Water discharged into the municipal sewer system, including, but not limited to, the Hydrogeological Report, Functional Servicing Report, Stormwater Management Report, mechanical and engineering drawings, all to the satisfaction of the Executive Director, Engineering and Construction Services in consultation with the General Manager, Toronto Water.

4.  That the Ontario Municipal Board be requested that prior to the issuance of its Final Order approving the Site Plan for the subject lands, a Site Plan Agreement has been entered into between the City and the owner and any preconditions to Site Plan Approval are fulfilled, all to the satisfaction of the Chief Planner and Executive Director, City Planning Division and the City Solicitor.

5.  City Council authorize the City Solicitor and other City staff to take such actions, as are required, to implement the above recommendations.

This application was made prior to January 1, 2007 and is not subject to the changes to the Planning Act that came into effect on that date or the City of Toronto Act, 2006.

On April 27, 2016, the applicant appealed their Official Plan and Zoning By-law Amendment applications, as well as the Site Plan Control application, to the Ontario Municipal Board (OMB) citing Council's failure to make a decision on the applications within the time allotted by the Planning Act. A pre-hearing conference was held on July 4, 2016. The full hearing will commence on September 25, 2017.

Through negotiations with City staff, the applicant has revised the proposal to address concerns with land use compatibility, site layout and circulation, building massing and better conformity with the City's Tall Building Design Guidelines, among other matters. The revised proposal detailed in this report meets the intent of the City's Official Plan for the area and is supported by City Planning Staff.

The applications propose the development of four towers with building heights of 36, 39, 41 and 47 storeys that would contain 1,591 residential units, 3,293 square metres of retail uses and an 855 square metre childcare facility at 1680 Brimley Road. 1,193 bicycle parking spaces and 1,214 vehicle parking spaces are proposed.

Staff are recommending that Council authorize the City Solicitor, City Planning staff and other appropriate City staff to attend the OMB hearing to support the revised redevelopment proposal for 1680 Brimley Road at the OMB subject to certain matters being addressed to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, as set out in this report.