Item - 2021.SC25.1

Tracking Status

SC25.1 - Final Report - 411 Victoria Park Avenue, 2510 and 2530 Gerrard Street East - Official Plan Amendment, Zoning Amendment, Subdivision Applications

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

City Council Decision

City Council on July 14, 15 and 16, 2021, adopted the following:

 

1. City Council amend the Official Plan for the lands at 411 Victoria Park Avenue and 2510 and 2530 Gerrard Street East substantially in accordance with the draft Official Plan Amendment in Attachment 6 to the report (June 4, 2021) from the Director, Community Planning, Scarborough District.

 

2. City Council amend Zoning By-law 8786, as amended, of the former City of Scarborough for the lands at 411 Victoria Park Avenue and 2510 and 2530 Gerrard Street East substantially in accordance with the draft Zoning By-law Amendment in Attachment 7 to the report (June 4, 2021) from the Director, Community Planning, Scarborough District.

 

3. City Council amend City of Toronto Zoning By-law 569-2013, as amended, for the lands at 411 Victoria Park Avenue and 2510 and 2530 Gerrard Street East substantially in accordance with the draft Zoning By-law Amendment in Attachment 8 to the report (June 4, 2021) from the Director, Community Planning, Scarborough District.

 

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

 

5. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of Above Base Park Improvements to the new public park to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

 

6. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into an agreement pursuant to Section 37 of the Planning Act, such Agreement to be registered on title to the lands at 411 Victoria Park Avenue and 2510 and 2530 Gerrard Street East in a manner satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor to secure the following community benefits at the owner's expense:

 

a. a cash contribution of $1,000,000 for Above Base Park Improvements to the new Park Blocks 7 and 8 within the subdivision, to be provided prior to the first above grade building permit, said amount to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, calculated from the date of execution of the Section 37 Agreement to the date of payment of the funds by the owner to the City;

 

b. in the event the cash contribution in Part 6.a. 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;

 

c. upon the earlier of the registration of the plan of subdivision or prior to the first above grade building permit for any residential uses for any part of the proposed development on Blocks 1, 2 or 3, the owner shall convey, in fee simple to a non-profit housing provider, Block 4 consisting of a minimum area of 7700 square metres for the purpose of constructing at least 58 affordable housing units as follows:

 

1. Block 4 is serviced to the lot line and able to be connected to existing services;

 

2. a Record of Site Condition suitable for residential development has been obtained and any needed soil remediation required to retain a residential Record of Site Condition has been undertaken or alternatively, provisions for the owner to pay for that soil remediation have been secured;

 

3. all planning and development-related approvals to proceed with the construction of the affordable housing units are in place, save for the final issuance of site plan approval conditions;

 

4. the owner will enter into an agreement with the non-profit provider to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Executive Director, Housing Secretariat, to implement the provisions of Parts 6.c.1., 6.c.2., and 6.c.3. above, prior to the issuance of the first above-grade residential building permit for any purpose; and

 

5. the non-profit provider will enter into one or more delivery agreements with the City for the affordable housing units and will agree to build the 58 affordable units and following application by the owner, including the furnishing of site plan application fees, obtaining site plan approval and approved building permits for the stacked townhouse units; and

 

d. upon the earlier of the registration of the plan of subdivision or prior to the first above grade building permit for any residential uses for any part of the proposed development on Blocks 1, 2 or 3, the owner shall convey, in fee simple, Block 5 consisting of a minimum area of 7500 square metres to the City for the purposes of constructing at least 62 affordable rental units as follows:

 

1. Block 5 is serviced to the lot line and able to be connected to existing services; and

 

2. a Record of Site Condition suitable for residential development has been obtained and any needed soil remediation required to obtain a residential Record of Site Condition has been undertaken or alternatively, provisions for the owner to pay for that soil remediation have been secured.

 

7. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into an agreement pursuant to Section 37 of the Planning Act, such Agreement to be registered on title to the lands at 411 Victoria Park Avenue and 2510 and 2530 Gerrard Street East in a manner satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor to secure the following as a legal convenience:

 

a. the owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by City Council at its meeting held on October 26 and 27, 2009 through the adoption of Item PG32.3 of the Planning and Growth Management Committee, as further amended by City Council from time to time.

 

8. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to submit for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water:

 

a. the plans, studies and results of field investigations necessary to determine the required width of infrastructure easements across future development blocks in accordance with the Design Criteria for Sewers and Watermains (January 2021); and

 

b. should it be determined that the relocation of existing municipal infrastructure is required to ensure the orderly development of the lands, updated functional servicing drawings and reports detailing the replacement and relocation of the infrastructure, such relocation to be financially secured as a condition of the City's standard subdivision agreement.

 

9. 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.

 

10. City Council classify the lands municipally known as 411 Victoria Park Avenue and 2510 and 2530 Gerrard Street East as a Class 4 Noise Area pursuant to Ministry of Environment (now Ministry of the Environment, Conservation and Parks) Environmental Noise Guideline - Stationary and Transportation Sources - Approval and Planning Publication NPC-300, August 2013.

 

11. City Council direct the Chief Planner and Executive Director, City Planning or designate to provide City Council's decision which classifies the lands municipally known as 411 Victoria Park Avenue and 2510 and 2530 Gerrard Street East as a Class 4 Noise Area to the Ministry of the Environment, Conservation and Parks.

 

12. That, 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 in Attachment 11 to the report (June 4, 2021) from the Director, Community Planning, Scarborough District, subject to:

 

a. the conditions as generally listed in Attachment 9 to the report (June 4, 2021) 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; and

 

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 ongoing technical review of this development.

 

13. City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to City Council's decision including the entering into of any necessary agreements or amending agreements.

Public Notice Given

Statutory - Planning Act, RSO 1990

Background Information (Community Council)

(June 4, 2021) Report and Attachments 1 to 12 from the Director, Community Planning, Scarborough District - Final Report - 411 Victoria Park Avenue, 2510 and 2530 Gerrard Street East - Official Plan Amendment, Zoning Amendment, Subdivision Applications
https://www.toronto.ca/legdocs/mmis/2021/sc/bgrd/backgroundfile-167784.pdf
(May 27, 2021) Notice of Pubic Meeting
https://www.toronto.ca/legdocs/mmis/2021/sc/bgrd/backgroundfile-167805.pdf

Communications (Community Council)

(June 16, 2021) E-mail from Paula Gallo (SC.New)
(June 18, 2021) Letter from John M. Alati, Davies Howe LLP (SC.New)
https://www.toronto.ca/legdocs/mmis/2021/sc/comm/communicationfile-132980.pdf
(June 21, 2021) Letter from Habitat for Humanity, Greater Toronto Area (SC.New)
https://www.toronto.ca/legdocs/mmis/2021/sc/comm/communicationfile-133076.pdf
(June 25, 2021) E-mail from Phoebe Lim (SC.New)

Motions (City Council)

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

That City Council amend Scarborough Community Council Recommendations 6 and 7 by deleting the address "2150" and inserting the address "2510" so that they now read as follows:

 

6. Before introducing the necessary Bills to City Council for enactment, require the Owner to enter into an agreement pursuant to Section 37 of the Planning Act, such Agreement to be registered on title to the lands at 411 Victoria Park Avenue, 2510 and 2530 Gerrard Street East in a manner satisfactory to the Chief Planner and Executive Director City Planning and the City Solicitor to secure the following community benefits at the owner's expense:

 

7. Before introducing the necessary Bills to City Council for enactment, require the Owner to enter into an agreement pursuant to Section 37 of the Planning Act, such Agreement to be registered on title to the lands at 411 Victoria Park Avenue, 2510 and 2530 Gerrard Street East in a manner satisfactory to the Chief Planner and Executive Director City Planning and the City Solicitor to secure the following as a legal convenience:


Motion to Adopt Item as Amended (Carried)

SC25.1 - Final Report - 411 Victoria Park Avenue, 2510 and 2530 Gerrard Street East - Official Plan Amendment, Zoning Amendment, Subdivision Applications

Decision Type:
ACTION
Status:
Adopted
Ward:
20 - 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 attached as Attachment 6 to the report dated June 4, 2021 from the Director, Community Planning, Scarborough District.

 

2. City Council amend Zoning By-law 8786, as amended, of the former City of Scarborough for 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 7 to the report dated June 4, 2021 from the Director, Community Planning, Scarborough District.

 

3. City Council amend City of Toronto Zoning By-law 569-2013, as amended, for 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 8 to the report dated June 4, 2021 from the Director, Community Planning, Scarborough District.

 

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

 

5. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the Owner of Above Base Park Improvements to the new public park to the satisfaction of the General Manager, Parks, Forestry and Recreation (PF&R). The development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

 

6. Before introducing the necessary Bills to City Council for enactment, require the Owner to enter into an agreement pursuant to Section 37 of the Planning Act, such Agreement to be registered on title to the lands at 411 Victoria Park Avenue, 2150 and 2530 Gerrard Street East in a manner satisfactory to the Chief Planner and Executive Director City Planning and the City Solicitor to secure the following community benefits at the owner's expense:

 

a. A cash contribution of $1,000,000 for Above Base Park Improvements to the new Park Blocks 7 and 8 within the subdivision, to be provided prior to the first above grade building permit, said amount to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, calculated from the date of execution of the Section 37 Agreement to the date of payment of the funds by the owner to the City;

 

b. In the event the cash contribution referred to 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;

 

c. Upon the earlier of the registration of the plan of subdivision or prior to the first above grade building permit for any residential uses for any part of the proposed development on Blocks 1, 2 or 3, the owner shall convey, in fee simple to a non-profit housing provider, Block 4 consisting of a minimum area of 7700 square metres for the purpose of constructing at least 58 affordable housing units as follows:

 

1. Block 4 is serviced to the lot line and able to be connected to existing services;

 

2. A Record of Site Condition suitable for residential development has been obtained, and any needed soil remediation required to retain a residential Record of Site Condition has been undertaken or alternatively, provisions for the owner to pay for that soil remediation have been secured;

 

3. All planning and development-related approvals to proceed with the construction of the affordable housing units are in place, save for final issuance of site plan approval conditions;

 

4. The owner will enter into an agreement with the non-profit provider to the satisfaction of the Chief Planner and Executive Director in consultation with the Director, Affordable Housing Office, to implement the provisions of sub-clauses c.(1), (2) and (3) above, prior to the issuance of the first above-grade residential building permit for any purpose; and

 

5. The non-profit provider will enter into one or more delivery agreements with the City for the affordable housing units, and will agree to build the 58 affordable units and following application by the owner, including the furnishing of site plan application fees, obtain site plan approval and approved building permits for the stacked townhouse units.

 

d. Upon the earlier of the registration of the plan of subdivision or prior to the first above grade building permit for any residential uses for any part of the proposed development on Blocks 1, 2 or 3, the owner shall convey, in fee simple, Block 5 consisting of a minimum area of 7500 square metres to the City for the purposes of constructing at least 62 affordable rental units as follows:

 

1. Block 5 is serviced to the lot line and able to be connected to existing services; and

 

2. A Record of Site Condition suitable for residential development has been obtained, and any needed soil remediation required to obtain a residential Record of Site Condition has been undertaken or alternatively, provisions for the owner to pay for that soil remediation have been secured.

 

7. Before introducing the necessary Bills to City Council for enactment, require the Owner to enter into an agreement pursuant to Section 37 of the Planning Act, such Agreement to be registered on title to the lands at 411 Victoria Park Avenue, 2150 and 2530 Gerrard Street East in a manner satisfactory to the Chief Planner and Executive Director City Planning and the City Solicitor to secure the following as a legal convenience:

 

a. the owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council at its meeting held on October 26 and 27, 2009 through the adoption of Item PG32.3 of the Planning and Growth Management Committee, as further amended by City Council from time to time.

 

8. Before introducing the necessary Bills to City Council for enactment, the owner be required to submit for review and acceptance to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services and General Manager of Toronto Water:

 

a. the plans, studies and results of field investigations necessary to determine the required width of infrastructure easements across future development blocks in accordance with the Design Criteria for Sewers and Watermains (January 2021), and

 

b. should it be determined that the relocation of existing municipal infrastructure is required to ensure the orderly development of the lands, updated functional servicing drawings and reports detailing the replacement and relocation of the infrastructure, such relocation to be financially secured as a condition of the City's standard subdivision agreement.

 

9. 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.

 

10. City Council classify the lands municipally known as 411 Victoria Park Avenue, 2510 and 2530 Gerrard Street East as a Class 4 Noise Area pursuant to Ministry of Environment (now Ministry of Environment, Conservation and Parks) Environmental Noise Guideline - Stationary and Transportation Sources - Approval and Planning Publication NPC-300, August 2013.

 

11. City Council direct the Chief Planner and Executive Director, City Planning or designate to provide City Council's decision which classifies the lands municipally known as 411 Victoria Park Avenue, 2510 and 2530 Gerrard Street East as a Class 4 Noise Area to the Ministry of the Environment, Conservation and Parks.

 

12. That 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 in Attachment 11 to this report dated June 4, 2021 from the Director, Community Planning, Scarborough District, subject to:

 

a. the conditions as generally listed in Attachment 9 to this report dated June 4, 2021 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; and

 

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.

 

13. Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to City Council’s decision including the entering into of any necessary agreements or amending agreements.

Decision Advice and Other Information

Scarborough Community Council held a statutory public meeting on June 25, 2021 and notice was given in accordance with the Planning Act.

Origin

(June 4, 2021) Report from the Director, Community Planning, Scarborough District

Summary

The subject Official Plan amendment, rezoning and draft plan of subdivision applications for 411 Victoria Park Avenue, 2510 and 2530 Gerrard Street East propose modifications to prior 2015 and 2016 planning approvals, submitted by former Build Toronto which did not proceed, to accommodate a revised development concept for this portion of the former 'Birchcliff Quarry Lands'. The subject applications now propose five new development blocks on two new public streets accommodating four mid-rise apartment buildings ranging from 8 to 12 storeys and four blocks of stacked and back-to-back townhouses. Of the 1,052 dwelling units proposed, 120 (11.4%) would be affordable rental or affordable ownership units. A total of 74,486 square metres of gross floor area are proposed, including 466 square metres of commercial space, at a net site density of 2.11 times the site area. The proposal includes approximately 2.37 hectares of new and reconfigured public parkland.

 

The application incorporates City-owned lands and portions of the former Runnymede Park lands, into the proposal.

 

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).

 

This report reviews and recommends approval of the application to amend the Official Plan and Zoning By-law. Consistent with prior City Council approval in 2015 of a redevelopment concept proposed by Build Toronto, the current application continues to represent appropriate scale of development of this long vacant portion of the 'Birchcliff Quarry Lands' and will create a new residential neighbourhood. The current proposal is appropriately integrated the site's urban context, reflecting its proximity to higher-order transit services and protecting for a future connection to Gerrard Street via the extension of Blantyre Avenue through adjacent development sites. 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.

 

To reflect the increase in development level being recommended for approval, this report recommends additional community benefits be secured through a Section 37 agreement, taking the form of a larger cash contribution towards above-base parkland improvements and additional lands reserved and conveyed for the construction of affordable housing. This report also advises that the Chief Planner may approve the Draft Plan of Subdivision substantially in accordance with the conditions attached to the report.

Background Information

(June 4, 2021) Report and Attachments 1 to 12 from the Director, Community Planning, Scarborough District - Final Report - 411 Victoria Park Avenue, 2510 and 2530 Gerrard Street East - Official Plan Amendment, Zoning Amendment, Subdivision Applications
https://www.toronto.ca/legdocs/mmis/2021/sc/bgrd/backgroundfile-167784.pdf
(May 27, 2021) Notice of Pubic Meeting
https://www.toronto.ca/legdocs/mmis/2021/sc/bgrd/backgroundfile-167805.pdf

Communications

(June 16, 2021) E-mail from Paula Gallo (SC.New)
(June 18, 2021) Letter from John M. Alati, Davies Howe LLP (SC.New)
https://www.toronto.ca/legdocs/mmis/2021/sc/comm/communicationfile-132980.pdf
(June 21, 2021) Letter from Habitat for Humanity, Greater Toronto Area (SC.New)
https://www.toronto.ca/legdocs/mmis/2021/sc/comm/communicationfile-133076.pdf
(June 25, 2021) E-mail from Phoebe Lim (SC.New)

Speakers

Laurie Payne, Diamond Corp
Melissa Walker, Director of Development, Kilmer Brownfield Management Limited
Adam Solakis
Arthur Ho-Wong, Director and Counsel, Planning and Real Estate Development, Habitat for Humanity Greater Toronto Area (Submission Filed)
John Hartley, Lakeside Community Association
Alan Burke, East Beach Community Association
Corey David
Heidi Campbell
Ally O'Neill
Beatrix Webb
Sayre Hopkinson

Motions

1 - Motion to Adopt Item moved by Councillor Gary Crawford (Carried)
Source: Toronto City Clerk at www.toronto.ca/council