Item - 2018.SC30.4

Scarborough Community Council recommends that:

1. City Council authorize the City Solicitor, together with City Planning staff and any other appropriate staff to attend the Local Planning Appeal Tribunal ("LPAT") hearings in support of a settlement to the appeal of the Zoning By-law Amendment for 1250 Markham Road, as outlined in the report (April 26, 2018) from the Director, Community Planning, Scarborough District, provided the outstanding matters outlined in this report can be adequately resolved.

2. In accordance with the delegated approval under By-law No. 483-2000, as amended, City Council be advised that the Chief Planner and Executive Director, City Planning intends to authorize the City Solicitor to support a settlement of the proposed Site Plan (Application Number 15 204840 ESC 38 SA), including appropriate conditions of site plan approval, provided the outstanding matters outlined in this report are adequately resolved.

3. City Council direct the City Solicitor, together with City Planning staff and any other appropriate staff to continue discussions with the applicant to resolve the outstanding matters with the proposal and if the matters cannot be resolved, to return to seek further direction from City Council.

4. In the event that the LPAT allows the zoning appeal in whole or in part, City Council direct the City Solicitor to request the Tribunal withhold its Order approving the Zoning By-law Amendment until:

a. Community benefits and other matters in support of the development as addressed in the report of the Director, Community Planning, Scarborough District dated April 26 , 2018 are secured in a Section 37 Agreement executed by the owner and registered on title to the satisfaction of the Director Community Planning, Scarborough District and the City Solicitor;

b. The owner has addressed the outstanding items in relation to functional servicing and stormwater management outlined in the memorandum from Engineering and Construction Services dated April 19, 2018, to the satisfaction of the Chief Engineer & Executive Director, Engineering and Construction Services; and

c. The City and the owner present to the LPAT draft Zoning By-law Amendments to former City of Scarborough Employment Districts Zoning By-law No. 24982, as amended, and Toronto Zoning By-law No. 569-2013, as amended, to the satisfaction of the City Solicitor and Chief Planner and Executive Director, City Planning.

d. Community benefits to be secured in the Section 37 agreement are:

i. $300,000 to TRCA for restoration/park creation of Highland Creek lands on the north side of the subject site;

ii. $200,000 for improvements to Centennial Park and/or Thompson Park, such as but not limited to basketball resurfacing, volleyball court upgrades, playground equipment replacement, walking trails, etc.;

iii. $150,000 to 5n2 Kitchens and/or other food bank programs in the local area;

iv. $150,000 for the 'Skate to Great' loan program in Scarborough schools including North Bendale Public School;

v. $150,000 to Toronto Public Library for the 'Borrow a Musical Instrument' loan program and/or musical equipment for local non-profit community and school bands;

vi. $50,000 for improvements to Bendale Library, such as but not limited to a community reading garden;

vii. $50,000 to Animal Alliance of Canada for improvements/upgrades (such as caging, traps, odour control, transportation, sanitation, storage, to the Feral Cat Recovery Centre (705 Progress Avenue); and

viii. $50,000 to South Asian Autistic Awareness Centre at 705 Progress Avenue.

5. In the event the LPAT allows the Site Plan appeal, in whole or in part, City Council direct the City Solicitor to request the Tribunal to withhold its Order on the Site Plan Control application pending the following matters being addressed:

a. The conditions of Site Plan approval being finalized to the satisfaction of the Chief Planner and Executive Director, City Planning; and

b. The applicant satisfying all pre-approval conditions, including entering into and registering a Site Plan Agreement pursuant to Section 41 of the Planning Act and Section 114 of the City of Toronto Act, 2006 with such Agreement to include Conditions of Site Plan approval.

6. City Council authorize the City Solicitor and other City staff to take such actions as necessary to give effect to the Recommendations of this report.

The subject rezoning and site plan applications propose redevelopment of the north portion of the site known municipally as 1250 Markham Road  with two seniors 'life-lease' residential buildings of 29 and 31 storeys connected by a 4-storey podium containing a total of 565 residential units, along with 552 square metres of at-grade commercial space.  In addition to these proposals, the site plan application also provides for construction of a 5-level parking structure with at-grade parking on the southwest portion of the site to provide replacement parking for the existing place of worship, as well as 2-storey additions to the place of worship itself totalling 2,307.2 square metres (see Attachment 1:  Site Plan).

The applicant has appealed the Zoning By-law Amendment and Site Plan applications to the Ontario Municipal Board (now constituted as the Local Planning Appeal Tribunal) due to Council's failure to make a decision on them within the time prescribed by the Planning Act.  A pre-hearing conference for this matter has now been scheduled for June 5, 2018.

Planning staff have considered the application within the context of the in-force policy framework, including the Provincial Policy Statement, Growth Plan for the Greater Golden Horseshoe and the Official Plan.  The current development proposal, as now revised by the applicant to reflect multiple discussions with City staff, is now acceptable to the City Planning Division in principle.

The purpose of this report is to seek Council's direction for the City Solicitor and other appropriate City staff to attend a Local Planning Appeal Tribunal ("LPAT" or "Tribunal") hearing to support the current development proposal and to settle the zoning by-law appeal.  The Chief Planner also intends on authorizing the City Solicitor to settle the site plan appeal for this site provided the outstanding technical issues are resolved to the satisfaction of City staff.