Item - 2021.SC26.1

Scarborough Community Council recommends that:

1. City Council amend the Official Plan for the lands at 66 and 80 Dale Avenue substantially in accordance with the Draft Official Plan Amendment in Attachment 5 to the report, (August 23, 2021) from the Director, Community Planning, Scarborough District.

2. City Council amend the Former City of Scarborough Zoning By-law 10010 (Scarborough Village Community), as amended, for the lands at 66 and 80 Dale Avenue substantially in accordance with the draft Zoning By-law Amendment in Attachment 6 to the report, (August 23, 2021) from the Director, Community Planning, Scarborough District.

3. City Council amend City-wide Zoning By-law 569-2013, as amended, for the lands at 66 and 80 Dale Avenue substantially in accordance with the Draft Zoning By-law Amendment in Attachment 7 to the report (August 23, 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 the Draft Zoning By-law Amendments as may be required.

5. City Council accept an onsite parkland dedication by the owner with a minimum area of 101.3 square metres as identified as Part 12 in Attachment 10 to the report (August 23, 2021) from the Director, Community Planning, Scarborough District, in partial satisfaction of the owner's parkland contribution required pursuant to Section 42 of the Planning Act, with such onsite parkland to be conveyed to the City prior to the issuance of any above grade building permit for the lands, to the satisfaction of the General Manager, Parks, Forestry and Recreation, the Director, Real Estate Services and the City Solicitor. The subject parkland conveyance is to be free and clear, above and below grade of all physical and title encumbrances and encroachments, including surface and subsurface easements.

6. City Council accept the remaining parkland contribution required to satisfy the owner’s full parkland dedication requirement for the lands pursuant to Section 42 of the Planning Act as a cash-in-lieu payment, to be paid prior to the issuance of the first above grade building permit.

7. Before introducing the necessary Bills to City Council for enactment, City Council require the Owner to obtain all necessary approvals as may be required by the City and enter into a Land Exchange Agreement with the City for the transfer by the Owner of Parts 10 and 11 as shown in Attachment 10 to the report (August 23, 2021) from the Director, Community Planning, Scarborough District, to the City in exchange for the City transferring Parts 6 and 9 to the Owner, all to the satisfaction of the City Solicitor and the Executive Director, Corporate Real Estate Management.

8. 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, and any other necessary agreement(s), including provision of indemnity, insurance, financial security, maintenance, HST and indexing, as applicable, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, as follows:  

a. The community benefits recommended to be secured in the Section 37 Agreement are as follows:

1. prior to the issuance of the first above grade building permit, the Owner shall make a cash contribution to the City in the amount of eight hundred thousand dollars ($800,000) to be used for 'above base' improvements to the proposed public park located on Dale Avenue to the satisfaction of the General Manager, Parks, Forestry and Recreation;

2. the cash contribution identified in Recommendation 8.a.1 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

3. in the event the cash contribution identified in Recommendation 8.a.1 above has not been used for the intended propose 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, City Planning, in consultation with the Ward 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; and

b. The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:

1. the owner shall construct and maintain, at its own expense, an area of not less than 2,438 square metres, along the northern and western edges of the development site (80 Dale Avenue), for use by the general public as a Privately Owned Publicly Accessible Open Space walking trail with the specific location, configuration and design to be determined and secured in the context of Site Plan Approval to the satisfaction of the Chief Planner and Executive Director, City Planning;

2. prior to the issuance of the first above-grade building permit, the owner shall prepare all documents and convey, on terms set out in the Section 37 Agreement, an easement in favour of the City in perpetuity, including support rights as applicable, for public use of the Privately Owned Publicly Accessible Open Space, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

3. the owner shall at a minimum construct and maintain the development of the site in accordance with Tier 1 of the Toronto Green Standard. Through the site plan approval process, City staff will work with the owner to try and achieve the application of Tier 2 of the Toronto Green Standard, or higher, to the development where possible; and

4. the owner shall, at its own expense, address the following matters in any application for site plan approval for the development, which shall be determined and secured in a site plan agreement with the City, as applicable, all to the satisfaction of the Chief Planner and Executive Director, City Planning:

a. incorporation in the construction of the building the exterior materials shown on 1:50 scale drawings as approved by the Chief Planner and Executive Director and submitted as part of the Site Plan Approval process;

b. provision of on-site dog-relief facilities, with the location, nature and size of the facilities to be determined through the site plan approval process to the satisfaction of the Chief Planner and Executive Director, City Planning;

c. construction of the City sidewalk to City standards for the lands fronting 80 and 90 Dale Avenue, to the satisfaction of the General Manager, Transportation Services;

d. incorporation of signage to identify the proposed Privately Owned Publicly Accessible Open Space walking trail to be located at the entrance of the development site;

e. provision of a construction management plan which includes an on-site contact during the construction process for residents and stakeholders to contact;

f. satisfy the requirements of Metrolinx and the Canadian National Railway, particularly regarding noise and vibration attenuation requirements and operational easement requirements, and insert any warning clauses in purchase and sale/tenancy agreements as required in connection with noise and vibration; and

g. satisfy the applicable signage requirements of the Toronto District School Board and the Toronto Catholic District School Board and insert warning clauses in purchase and sale/tenancy agreements as required in connection with student accommodation.

9. City Council direct Transportation Services staff to examine the need for a mid-block pedestrian signal at the intersection of Dale Avenue and Kingston Road.

10. City Council direct City Planning staff to examine the feasibility of establishing a pedestrian connection to the Guildwood GO station from the terminus of the Privately Owned Publicly Accessible Walkway on the development site (80 Dale Avenue).

The Scarborough Community Council held a statutory public meeting on September 17, 2021 and notice was given in accordance with the Planning Act.

This application proposes to amend the existing Official Plan land use designations and the current zoning permissions for the lands municipally known as 66 and 80 Dale Avenue to permit the development of the lands at 80 Dale Avenue with two residential apartment buildings and to enable the use of the lands at 66 Dale Avenue as parkland as a result of the transfer of the lands to the City through a land exchange. The proposed residential apartment buildings on 80 Dale Avenue would be 7 and 12-storeys in height, comprised of a total of 285 units and built upon two levels of below-grade parking, containing a total of 305 parking spaces. The proposed development includes a Privately-Owned Publicly Accessible Open Space (POPS) walking trail along the western and northern edges of the development site with an area of approximately 2,438 square metres.  

Amendments to the Official Plan are required to re-designate the lands at 80 Dale Avenue from Neighbourhoods and Parks and Open Space Areas (Parks) to Apartment Neighbourhoods and the lands at 66 Dale Avenue from Neighbourhoods to Parks and Open Space Areas (Parks). Amendments to the former City of Scarborough Zoning By-law No. 10010 (Scarborough Village Community), as amended, and City-wide Zoning By-law No. 569-2013, as amended, are also required to permit the proposed residential development and the proposed parkland to the west of the development site.

To facilitate the proposed development, the Owner has a sought a land exchange of 1,202 square metres with the City of Toronto. This involves the transfer of the lands at 66 Dale Avenue to the City in exchange for portions of land at the eastern edge of the adjacent existing City-owned parkland, which are intended to be added to the development site at 80 Dale Avenue. This enables a more regular access along Dale Avenue and driveway design for the proposed residential development, and creates a more contiguous rectangular parcel for the City-owned parkland.

The proposal 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-laws. The proposed residential apartment buildings represent appropriate intensification, fit within the existing and planned context, and include an on-site POPS. The proposal enables the orderly development of the subject lands for public parkland and residential intensification.

This report provides supplementary information to the Final Report dated August 23, 2021 from the Director, Community Planning, Scarborough District to be considered by Scarborough Community Council at its meeting on September 17, 2021 (the "Final Report"). The report provides minor modifications to Recommendations 7 and 8, which make certain minor clerical amendments and provide greater clarity regarding the timing of certain matters intended to be secured as part of the Section 37 agreement supporting this development.

The changes recommended here are already reflected in Attachment 6: Draft Zoning By-law Amendment to Former City of Scarborough By-law No.10010 (Scarborough Village Community) and Attachment 7: Draft Zoning By-law Amendment to City-wide Zoning By-law No. 569-2013 included in the Final Report before Council.