Item - 2020.SC19.1

Scarborough Community Council recommends that:

1. City Council amend the City of Scarborough Cliffcrest Community Zoning By-law 9396, as amended, for the lands at 2746 and 2800 Kingston Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report dated October 16, 2020 from the Director, Community Planning, Scarborough District, with the addition of a holding provision that will remain in place for the lands until such time as the owner submits to the satisfaction of appropriate City staff a revised Functional Servicing Report, and enters into agreement(s) for the construction of any improvements to existing municipal infrastructure as required.

2. City Council amend City of Toronto Zoning By-law 569-2013, as amended, for the lands at 2746 and 2800 Kingston Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report dated October 16, 2020 from the Director, Community Planning, Scarborough District, with the addition of a holding provision that will remain in place for the lands until such time as the owner submits to the satisfaction of appropriate City staff a revised Functional Servicing Report, and enters into agreement(s) for the construction of any improvements to existing municipal infrastructure as required.

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

4. Before introducing the necessary Bills to City Council for enactment, City Council require the Owner to enter into and register on title an Agreement pursuant to Section 37 of the Planning Act to secure the following facilities, services and matters at the owners expense:

a. Prior to issuance of an above grade building permit, other than a building permit for a temporary sales office, the owner shall pay to the City a cash payment of one million and one hundred thousand dollars ($1,100,000.00) to be allocated towards: local park improvements; public art; non-profit arts, cultural, community or institutional facilities; and/or various streetscape improvements not abutting the site in Ward 20 to be determined by the Chief Planner and Executive Director of City Planning in consultation with the local Councillor, and that the design of the streetscape improvements comply with the Streetscape Manual to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. The financial contribution identified in this subsection a. above shall be indexed upwardly from the date of the registration of the Section 37 Agreement to the date the payment is made in accordance with the non-residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135-01, or its successor; and

c. In the event the cash contribution referred to in this subsection a. has not been used for the intended purpose within three (3) years of this 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 of City Planning, in consultation with the local Councillor, provided that the purpose(s) is/are identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands.

5. City Council direct that the following matters are also to be secured in the Section 37 Agreement as a legal convenience to support development:

a. The owner shall provide, at its own expense on the lands, a minimum area of 500 square metres of privately-owned publicly-accessible space (POPS) and grant access easements to the City for the purpose of access to and use of the POPS for members of the public. This POPS area is to be located fronting Kingston Road as generally shown within the grey area in Diagram '3' of the draft Zoning By-law Amendment attached as Attachment No. 6 to this report. Prior to the issuance of Site Plan Approval, the POPS easement shall be conveyed to the City for nominal consideration and shall be free and clear of all physical and title encumbrances, other than those acceptable to the City Solicitor. The owner shall own, operate, maintain and repair the POPS; and

b. The Owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard.

6. City Council determine that pursuant to Section 34(17) of the Planning Act, no further notice is to be given in respect of the changes to the Zoning By-law Amendment for 2746 and 2800 Kingston Road.

Scarborough Community Council held a statutory public meeting on November 9, 2020, and notice was given in accordance with the Planning Act.

This application proposes to amend both the City of Scarborough Cliffcrest Community Zoning By-law 9396 and the City of Toronto Zoning By-law 569-2013 to permit the construction of an 11 storey building and a 22 storey building containing a combined 439 residential units at 2746 and 2800 Kingston Road.

The 11 storey midrise building fronts Kingston Road with the taller 22 storey building set deeper into the site behind a privately-owned publicly-accessible open space (POPS).  The two buildings are massed with step backs and articulation that ensure an appropriate five-storey streetwall condition is provided along Kingston Road. The base building for the 22 storey tower properly addresses the POPS and adjacent development and is organized to relate to the adjacent mid-rise context. The proposed residential unit breakdown comprises: 221 one-bedrooms units; 170 two-bedrooms units; and 48 three-bedrooms units with the proposed Floor Space Index (FSI) equal to 3.75 times the area of the lot.

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). Staff have considered the application within the context of applicable Official Plan policies and the City's Tall Building Guidelines, as well as the Avenue and Mid-rise Building Guidelines. The proposal responds to the distinct characteristics of the site, deploying the proposed density in appropriate  building types that are compatible with adjacent and nearby land uses.

This report reviews and recommends approval of the application to amend the Zoning By-law.