Item - 2018.EY31.8

Etobicoke York Community Council recommends that:

1.  City Council oppose the Zoning By-law Amendment application for 240 Markland Drive in its current form.

2.  City Council authorize the City Solicitor, together with Planning staff and any other appropriate staff, to attend the Local Planning Appeal Tribunal (LPAT) hearing in support of a settlement to the appeal of the Zoning By-law Amendment application for 240 Markland Drive, as outlined in the report (May 18, 2018) from the Director, Community Planning, Etobicoke York District, with Attachment 1: Site Plan, replaced with the Site Plan (June 5, 2017) attached to motion 1a by Councillor Stephen Holyday; and on the condition that the following revisions are made to the plans:

a.  The overall height of the Bloor Building be reduced by 1 storey (3.0 metres).

b.  Terracing be added to the south end of the Bloor Building (facing Broadfield Drive) starting with the 7th floor (18.9 metres above grade), and terracing back a minimum horizontal distance of 2.5 metres per floor.

3.  In the event that the Local Planning Appeal Tribunal (LPAT) allows the appeal of the Zoning By-law Amendment application in whole or in part, City Council authorize the City Solicitor to request the LPAT to withhold its Order(s) approving the application until:

a.  The owner enters into an Agreement pursuant to Section 37 of the Planning Act, satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor, such Agreement to be registered on title to the lands at 240 Markland Drive, in a manner satisfactory to the City Solicitor to secure the following community benefits at the owners expense:

i.  A cash contribution of $185,000 to be paid to the City prior to the issuance of the first above-grade building permits, to be used towards local park improvements;

ii.  The above noted cash contribution referred to in Part i above 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 execution of the Section 37 Agreement to the date of payment; and

iii.  In the event the cash contribution referred to in Part i 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, 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 Toronto Official Plan and will benefit the community in the vicinity of the lands.

iv.  The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience prior to the issuance of site plan approval to support development all to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the appropriate civic officials and the Ward Councillor:

A.  As a condition of site plan approval and prior to the issuance of any permits for this development, the owner shall prepare a Construction Management Plan with the City of Toronto and to the satisfaction of the Director Community Planning, along with the Chief Engineer and Executive Director – Engineering & Construction Services for the City of Toronto.

B.  Prior to final Site Plan Approval, the owner shall provide a Construction Mitigation Strategy which includes a communication strategy for adjacent property owners and the neighbourhood association and an interim parking plan for existing tenants and tradespeople during the construction period, and a Tenant Communication Plan to the satisfaction of the Chief Planner and Executive Director, City Planning and thereafter the owner shall implement such strategies and plans.

 
b.  The owner enters into an Agreement pursuant to Section 37 of the Planning Act, satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor, such Agreement to be registered on title to the lands at 240 Markland Drive, in a manner satisfactory to the City Solicitor to secure the following matters, facilities, amenities and building improvements for the existing residential rental units, with no pass-through of costs to the existing tenants all at the owners expense to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor:

i.  The owner shall provide and maintain the 113 existing residential rental units at 240 Markland Drive as rental housing for a period of at least 20 years, from the date of the Zoning By-Law coming into full force and effect and with no applications for demolition or conversion from residential rental use made during such 20 year period, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

ii.  The owner shall provide a dog run for the use of residents of the site as well as the surrounding community, to be located adjacent to the entrance of the existing building fronting Markland Drive, and this space shall be designed and furnished to the satisfaction of the Chief Planner and Executive Director, City Planning, up to a maximum cost of $30,000.

iii.  Improvements to the outdoor amenity space for use by the residents of the existing building and the new buildings on an equal basis in the form of:

- A children's play area, which shall be designed and furnished to the satisfaction of the Chief Planner and Executive Director, City Planning, up to a maximum cost of $40,000;

 
- At least 15 benches up to a maximum cost of $22,000; and

 
- At least 85 bicycle parking spaces/racks for tenants of the existing building, of which 77 will be long-term bicycle parking spaces located beneath the underpass of the existing building and 8 will be short-term bicycle parking spaces located close to the main entrance of the existing building.

 
iv.  Improvements to the existing laundry room facilities in the form of two new dryers.

c.  The City and the owner present to the LPAT a draft Zoning By-law Amendment to the satisfaction of the City Solicitor and Chief Planner and Executive Director, City Planning that among other matters, provides for securing the existing rental housing and improvements to such housing together with appropriate Section 37 benefits as recommended by the Chief Planner and Executive Director, City Planning.

d.  The City Solicitor confirms the execution and registration of a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning to secure community benefits pursuant to Section 37 of the Planning Act.  Such Section 37 Agreement will include a further agreement to provide for the shared access of and maintenance and easements with respect to the shared driveway, underground parking/bike parking, walkway, loading areas, servicing areas or any other commonly accessed areas as illustrated on any approved drawing between the new development and the existing 10-storey rental apartment building to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

e.  The owner submits an acceptable Functional Servicing Report and Hydrogeological Report to the satisfaction of Chief Engineer and Executive Director of Engineering and Construction Services and that the owner be required to make satisfactory arrangements with the City for the design and construction of any improvements to the municipal infrastructure by the owner at no cost to the City should it be determined that the improvements to such infrastructure is required to support the development, to the satisfaction of Chief Engineer and Executive Director of Engineering and Construction Services.

4.  City Council amend Municipal Code Chapter 925, Permit Parking, such that the General Manager, Transportation Services, shall not accept applications from residents of, visitors to or tradespersons at 240 Markland Drive, for a permit.

5.  City Council authorize the City Solicitor and necessary City staff to take such steps as may be necessary to implement Council's decision. 

Etobicoke York Community Council:

1.  Requested the City Clerk to provide a copy of Toronto's Good Neighbour Guide for Residential Infill Construction to the applicant.

This application proposes to amend the Etobicoke Zoning Code to permit the development of two buildings including: a 9-storey residential apartment building fronting Bloor Street West with an integrated 3-storey residential townhouse block at the northwest corner of Broadfield Drive; and a 3-storey residential building at the northeast corner of Markland Drive and Sunplains Crescent.  Combined, these buildings would contain 164 units.  The existing 10-storey, 113 unit apartment building would be retained.

The owner appealed the Zoning By-law Amendment application to the Ontario Municipal Board (OMB) (now the Local Planning Appeal Tribunal (LPAT)) citing City Council's failure to make a decision within the prescribed time frame set out in the Planning Act. A Prehearing Conference has yet to be scheduled.

The purpose of this report is to seek City Council's direction for the City Solicitor, together with appropriate City staff, to attend the Local Planning Appeal Tribunal hearing in support of a settlement to the appeal of the above application as outlined in this report, provided the outstanding issues are resolved to the City's satisfaction.