Item - 2021.SC27.1
Tracking Status
- City Council adopted this item on November 9, 2021 without amendments and without debate.
- This item was considered by the Scarborough Community Council on October 15, 2021 and adopted without amendment. It will be considered by City Council on November 9, 2021.
- See also By-law 179-2022
SC27.1 - Final Report - 2075 Kennedy Road and 26 and 50 Village Green Square - Zoning By-law Amendment
- Decision Type:
- ACTION
- Status:
- Adopted on Consent
- Ward:
- 22 - Scarborough - Agincourt
City Council Decision
City Council on November 9, 10 and 12, 2021, adopted the following:
1. City Council amend City of Toronto Zoning By-law 569-2013, as amended, for the lands at 2075 Kennedy Road and 26 and 50 Village Green Square substantially in accordance with the Draft Zoning By-law Amendment in Attachment 5 to the report (September 21, 2021) from the Director, Community Planning, Scarborough District.
2. City Council authorize the City Solicitor to make such stylistic and technical changes to draft Zoning By-law Amendments as may be required.
3. City Council accept an onsite parkland dedication by the owner having an area of not less than 1,922 square metres to satisfy 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, unless otherwise approved by the General Manager, Parks, Forestry and Recreation; the owner is to pay for the costs of the preparation and registration of all relevant documents. The owner shall provide to the satisfaction of the City Solicitor all legal descriptions and applicable reference plans of survey for the new parkland.
4. 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 the Above Base Park Improvements 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 installing 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; the owner is required to submit a design and cost estimate to be approved by the General Manager, Parks, Forestry and Recreation, and a letter of credit equal to 120 percent of the Parks and Recreation Development Charges payable for the development. The design, cost estimate and letter of credit will be required prior to the issuance of any above grade building permit.
5. Before introducing the necessary Bills for enactment, City Council require the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act to the satisfaction Chief Planner and Executive Director, City Planning and the City Solicitor to secure the following:
a. prior to the issuance of the first above grade permit for the development, the owner shall make an indexed cash contribution to the City in the amount of $1.8 million payable to the City of Toronto to be allocated towards the construction of an outdoor skating facility in Ward 22;
b. the financial contribution in Part 5a above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date of execution of the Section 37 Agreement to the date of payment;
c. in the event the cash contribution referred to in Part 5b above 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, City Planning, in consultation with the local 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;
d. the owner shall provide and maintain at least 30 rental dwelling units on the lands at 2075 Kennedy Road, and 26 and 50 Village Green Square as affordable rental housing (100 percent of market rate or below) for a minimum period of 20 years beginning from the date that each such affordable rental dwelling unit is first occupied, to the satisfaction of the Chief Planner and Executive Director, City Planning;
e. the unit types and sizes shall have the following minimum leasable area unit sizes:
1. 18 one-bedroom units (average unit size of 60 square metres);
2. 9 two-bedroom units (average unit size of 80 square metres); and
3. 3 three-bedroom units (average unit size of 104 square metres);
f. any adjustment to the total gross floor area and the proposed number of affordable rental housing units, affordable rental housing unit mix and affordable rental housing unit sizes will be adjusted accordingly to the satisfaction of the Chief Planner and Executive Director, City Planning;
g. the location and layouts of the 30 affordable rental dwelling units within the approved development on the lands shall be to the satisfaction of the Chief Planner and Executive Director, City Planning; and
h. tenants of the new affordable rental dwelling units shall have access to all indoor and outdoor amenity spaces associated with the mixed-use buildings on the same basis as other units within the development with no separate or additional charges.
6. City Council direct that the following matters necessary to support development of the lands be secured in the Section 37 Agreement as a legal convenience, to the satisfaction of the Chief Planner and Executive Director City Planning and the City Solicitor:
a. the provision of a privately-owned publicly accessible open space between the north tower and the public park of a minimum size of 1,925 square metres and a second, separate privately-owned publicly accessible open space at the southwest corner of the site of a minimum size of 625 square metres;
b. as a pre-approval condition to Site Plan Approval for the Development Site the Owner shall convey to the City, for nominal consideration, easement(s) along the surface of the lands where the privately-owned publicly accessible open spaces referenced in Recommendation 6a are located, to the satisfaction of the City Solicitor, which shall constitute the privately-owned publicly accessible open space and any required public access easements to connect the privately-owned publicly accessible open space to adjacent privately-owned publicly accessible open spaces and/or public rights-of-way, where necessary; and the owner shall own, operate, maintain and repair the privately-owned publicly accessible open space and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the privately-owned publicly accessible open space at all times of the day and night, 365 days of the year; and the specific location, configuration and design of the privately-owned publicly accessible open space shall be determined in the context of a site plan approval for each building pursuant to Section 114 of the City of Toronto Act, 2006 and secured in a Site Plan Agreement with the City of Toronto;
c. prior to the issuance of the above grade building permit, the Owner shall satisfy the parkland dedication requirement for the development as set out in Part 3 above;
d. the design and construction of the above base park improvements to the new park by the Owner in exchange for a development charge credit against the Parks and Recreation component of the required Development Charges as set out in Part 4 above, should the owner elect to provide above base park improvements all to the satisfaction of the General Manager, Parks, Forestry and Recreation;
e. 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 from time to time, to the satisfaction of the Chief Planner and Executive Director, City Planning. The owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the site;
f. the Owner shall satisfy applicable signage requirements of the Toronto District School Board and the Toronto Catholic District School Board and shall insert warning clauses in purchase and sale/tenancy agreements as required in connection with student accommodation; and
g. 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:
1. implementation of any required noise and vibration abatement measures or other recommendations, as detailed in the Noise Feasibility Study (June, 2020) prepared by RWDI, as may be amended through a peer review process undertaken at the expense of the owner to the satisfaction of the Chief Planner and Executive Director, City Planning;
2. implementation of any derailment measures or other recommendations, as detailed in the Derailment Protection Report (February 2021), prepared by JSW + Associates, as may be amended through a peer review process undertaken at the expense of the owner, to the satisfaction of the Chief Planner and Executive Director, City Planning;
3. reconstruction of the City sidewalks to City standards along the frontages of Kennedy Road and Village Green Square, to the satisfaction of the General Manager, Transportation Services; and
4. incorporation of signage to identify the proposed privately-owned publicly accessible open space.
Public Notice Given
Statutory - Planning Act, RSO 1990
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2021/sc/bgrd/backgroundfile-171198.pdf
(September 22, 2021) Notice of Public Meeting
https://www.toronto.ca/legdocs/mmis/2021/sc/bgrd/backgroundfile-171201.pdf
Communications (Community Council)
https://www.toronto.ca/legdocs/mmis/2021/sc/comm/communicationfile-137468.pdf
Communications (City Council)
(November 9, 2021) E-mail from Nicole Corrado (CC.New)
SC27.1 - Final Report - 2075 Kennedy Road and 26 and 50 Village Green Square - Zoning By-law Amendment
- Decision Type:
- ACTION
- Status:
- Adopted
- Ward:
- 22 - Scarborough - Agincourt
Public Notice Given
Statutory - Planning Act, RSO 1990
Community Council Recommendations
Scarborough Community Council recommends that:
1. City Council amend City of Toronto Zoning By-law 569-2013, as amended, for the lands at 2075 Kennedy Road and 26 and 50 Village Green Square substantially in accordance with the Draft Zoning By-law Amendment in Attachment 5 to the report (September 21, 2021) from the Director, Community Planning, Scarborough District.
2. City Council authorize the City Solicitor to make such stylistic and technical changes to draft Zoning By-law Amendments as may be required.
3. City Council accept an onsite parkland dedication by the owner having an area of not less than 1,922 square metres to satisfy 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, unless otherwise approved by the General Manager, Parks, Forestry and Recreation. The owner is to pay for the costs of the preparation and registration of all relevant documents. The owner shall provide to the satisfaction of the City Solicitor all legal descriptions and applicable reference plans of survey for the new parkland.
4. 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 the Above Base Park Improvements 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 installing 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. The owner is required to submit a design and cost estimate to be approved by the General Manager, Parks, Forestry and Recreation, and a letter of credit equal to 120 percent of the Parks and Recreation Development Charges payable for the development. The design, cost estimate and letter of credit will be required prior to the issuance of any above grade building permit.
5. Before introducing the necessary Bills for enactment, City Council require the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act to the satisfaction Chief Planner and Executive Director, City Planning and the City Solicitor to secure the following:
a. prior to the issuance of the first above grade permit for the development, the owner shall make an indexed cash contribution to the City in the amount of $1.8 million payable to the City of Toronto to be allocated towards the construction of an outdoor skating facility in Ward 22;
b. the financial contribution in Recommendation 5a above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto, calculated from the date of execution of the Section 37 Agreement to the date of payment;
c. in the event the cash contribution referred to in Recommendation 5b above 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, City Planning, in consultation with the local 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;
d. the owner shall provide and maintain at least 30 rental dwelling units on the lands at 2075 Kennedy Road, and 26 and 50 Village Green Square as affordable rental housing (100 percent of market rate or below) for a minimum period of 20 years beginning from the date that each such affordable rental dwelling unit is first occupied, to the satisfaction of the Chief Planner and Executive Director, City Planning;
e. the unit types and sizes shall have the following minimum leasable area unit sizes:
1. 18 one-bedroom units (average unit size of 60 square metres);
2. 9 two-bedroom units (average unit size of 80 square metres); and
3. 3 three-bedroom units (average unit size of 104 square metres);
f. any adjustment to the total gross floor area and the proposed number of affordable rental housing units, affordable rental housing unit mix and affordable rental housing unit sizes will be adjusted accordingly to the satisfaction of the Chief Planner and Executive Director, City Planning;
g. the location and layouts of the 30 affordable rental dwelling units within the approved development on the lands shall be to the satisfaction of the Chief Planner and Executive Director, City Planning; and
h. tenants of the new affordable rental dwelling units shall have access to all indoor and outdoor amenity spaces associated with the mixed-use buildings on the same basis as other units within the development with no separate or additional charges.
6. City Council direct that the following matters necessary to support development of the lands be secured in the Section 37 Agreement as a legal convenience, to the satisfaction of the Chief Planner and Executive Director City Planning and the City Solicitor:
a. the provision of a privately-owned publicly accessible open space between the north tower and the public park of a minimum size of 1,925 square metres and a second, separate privately-owned publicly accessible open space at the southwest corner of the site of a minimum size of 625 square metres;
b. as a pre-approval condition to Site Plan Approval for the Development Site the Owner shall convey to the City, for nominal consideration, easement(s) along the surface of the lands where the privately-owned publicly accessible open spaces referenced in Recommendation 6a are located, to the satisfaction of the City Solicitor, which shall constitute the privately-owned publicly accessible open space and any required public access easements to connect the privately-owned publicly accessible open space to adjacent privately-owned publicly accessible open spaces and/or public rights-of-way, where necessary; and the owner shall own, operate, maintain and repair the privately-owned publicly accessible open space and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the privately-owned publicly accessible open space at all times of the day and night, 365 days of the year; and the specific location, configuration and design of the privately-owned publicly accessible open space shall be determined in the context of a site plan approval for each building pursuant to Section 114 of the City of Toronto Act, 2006 and secured in a Site Plan Agreement with the City of Toronto;
c. prior to the issuance of the above grade building permit, the Owner shall satisfy the parkland dedication requirement for the development as set out in Recommendation 3 above;
d. the design and construction of the above base park improvements to the new park by the Owner in exchange for a development charge credit against the Parks and Recreation component of the required Development Charges as set out in Recommendation 4 above, should the owner elect to provide above base park improvements all to the satisfaction of the General Manager, Parks, Forestry and Recreation;
e. 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 from time to time, to the satisfaction of the Chief Planner and Executive Director, City Planning. The owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the site;
f. the Owner shall satisfy applicable signage requirements of the Toronto District School Board and the Toronto Catholic District School Board and shall insert warning clauses in purchase and sale/tenancy agreements as required in connection with student accommodation; and
g. 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:
1. implementation of any required noise and vibration abatement measures or other recommendations, as detailed in the Noise Feasibility Study (June 2020), prepared by RWDI, as may be amended through a peer review process undertaken at the expense of the owner to the satisfaction of the Chief Planner and Executive Director, City Planning;
2. implementation of any derailment measures or other recommendations, as detailed in the Derailment Protection Report (February 2021), prepared by JSW + Associates, as may be amended through a peer review process undertaken at the expense of the owner, to the satisfaction of the Chief Planner and Executive Director, City Planning;
3. reconstruction of the City sidewalks to City standards along the frontages of Kennedy Road and Village Green Square, to the satisfaction of the General Manager, Transportation Services; and
4. incorporation of signage to identify the proposed privately-owned publicly accessible open space.
Decision Advice and Other Information
Scarborough Community Council held a statutory public meeting on October 14, 2021 and notice was given in accordance with the Planning Act.
Origin
Summary
This application proposes to amend City of Toronto Zoning By-law 569-2013 to permit the construction of three towers (36, 34 and 31 storeys in height) at 2075 Kennedy Road and 26 and 50 Village Green Square.
The application would result in 920 dwelling units, 713 square metres of office space and 607 square metres of retail space at grade. (36, 34 and 31 storeys in height). The existing 13-storey office building and associated one-storey parking structure will be retained. The proposed total gross floor area is 78,255 square metres which represents a density of 3.75 times the lot area. A new 1,922 square meter public park is proposed on the southeast corner of the site, as well as an additional 2,579 square metres of Privately-Owned Publicly Accessible Space (POPS). A recommended agreement pursuant to Section 37 of the Planning Act would secure 30 of the proposed units at affordable rents for a period of 20 years as well as a $1.8 million financial contribution to local park and community recreation infrastructure improvements.
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). It adds to the range and mix of residential units available in a compact form while increasing the amount of non-residential space on the site. Through the dedication of the parkland and large POPS space the project extends the public realm by adding a significant amount of open space to the neighbourhood. Approval of the development would also secure a number of community benefits, including the provision of 30 new affordable housing units.
This report reviews and recommends approval of the application to amend the Zoning By-law, subject to the Bills being held from enactment to allow for the Owner to enter into a Section 37 Agreement.
Background Information
https://www.toronto.ca/legdocs/mmis/2021/sc/bgrd/backgroundfile-171198.pdf
(September 22, 2021) Notice of Public Meeting
https://www.toronto.ca/legdocs/mmis/2021/sc/bgrd/backgroundfile-171201.pdf
Communications
https://www.toronto.ca/legdocs/mmis/2021/sc/comm/communicationfile-137468.pdf
Speakers
Adam Brown, Sherman Brown