Final Report - 7437, 7439 and 7441 Kingston Road - Zoning Amendment Application

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The decision

2021-10-01 · Toronto City Council · adopted

As filed

City Council on October 1 and 4, 2021, adopted the following: 1. City Council amend City of Toronto Zoning By-law 569-2013, as amended, for the lands at 7437, 7439 and 7441 Kingston Road substantially in accordance with the draft Zoning By-law Amendment in Attachment 5 to the report (August 23, 2021) from the Director, Community Planning, Scarborough District. 2. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment(s) as may be required.

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3. City Council accept an onsite parkland dedication by the Owner having an area of no less than 1.890.5 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. The Owner is to pay for the costs of the preparation and registration of all relevant documents; and 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, should the owner elect to provide 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 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; 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; and 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 of the Chief Planner and Executive Director, City Planning and the City Solicitor, to secure the following facilities, services and matters at the Owner's expense: a. prior to issuance of an above grade building permit, other than a building permit for a temporary sales office, the Owner make a cash contribution of $1.4 million payable to the City of Toronto, with such amount to be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto for the period from the date of the registration of the Section 37 Agreement to the date of payment; the funds shall be directed as follows: 1. $900,000 to be allocated towards Northeast Scarborough Community Centre at 8450 Sheppard Avenue East; 2. $250,000 to be allocated towards the refurbishment and improvement of the Royal Rouge Tot Lot; and 3. $250,000 to be allocated towards park improvements in Ward 25 to be directed in consultation with the local Councillor and the General Manager of Parks, Forestry and Recreation; b. in the event the cash contribution referred to in subsection 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 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 c. as a legal convenience to support development: 1. 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 2009.PG32.3 of the Planning and Growth Management Committee, as further amended by City Council from time to time; 2. 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; 3. the design and construction the above base park improvements to the new park by the owner in exchange for a development change credit against Parks and Recreation component of the Development Charges, should the owner elect to provide above base park improvements, all to the satisfaction of the General Manager, Parks, Forestry and Recreation; 4. the Owner shall submit a Construction Management Plan to the satisfaction of the Chief Building Official and Executive Director, Toronto Building and the Chief Planner and Executive Director, City Planning demonstrating that both buildings will be constructed concurrently; and 5. as part of the application for Site Plan Control approval, the Owner shall provide a detailed design, cost estimate and financial security to implement a new traffic signal controlled 4 legged intersection at Kingston Road and Raspberry Road to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager of Transportation Services, said intersection to be designed to prohibit northbound and southbound movements from the across Kingston Road between the development driveway and Raspberry Road. 6. Before introducing the necessary Bills to City Council for enactment, the owner be required to: a. submit to satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services for review and acceptance a revised Functional Servicing Report to confirm the details of the proposed servicing solutions; and b. make satisfactory arrangements with Engineering and Construction Services and enter into the appropriate financially secured development agreement with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades and road improvements are required to support the development, according to the accepted Functional Servicing Report. 7. City Council request the General Manager, Transportation Services to report back to Scarborough Community Council on the installation of the traffic control signal at intersection of Kingston Road and Raspberry Road/Site Driveway, including prohibiting entry at all times from Raspberry Road to the Site Driveway, and from the Site Driveway to Raspberry Road.

On the agenda

As the city filed it

This application proposes to amend Zoning By-law 569-2013 for lands at 7437, 7439 and 7441 Kingston Road to permit the construction of two 11-storey residential buildings. The proposal also includes the dedication of lands to the City for the purposes of constructing a new public park. Both buildings are L-shaped mid-rise buildings proposing a total of 422 residential dwelling units and a gross floor area of 28,549 square metres resulting in an overall density of 2.26 FSI.

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494 vehicle parking spaces are proposed, distributed through three levels of shared underground parking accompanied by 368 bicycle parking spaces. The primary vehicular access to the site for both buildings is proposed via a new, two-way private driveway and signalized intersection. A 1,890 square metre on-site public parkland dedication is proposed along the Kingston Road frontage at the western end of the subject site. In addition to the lands being conveyed to the City, it is recommended that the Parks and Recreation component of the development charges for the subject proposal be used to construct above-base parkland improvements, providing an important amenity to the local area. It is also recommended that Council require the owner to enter into a Section 37 Agreement securing a $1.4 million in community benefits to be directed towards other local park and recreation capital facilities. The proposed development is consistent with the Provincial Policy Statement (2020), conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) and implements policies of the City of Toronto's Official Plan. The proposed development will contribute to residential intensification and new housing opportunities on an underutilized site on Kingston Road and secures a number of community benefits including the creation of a new City-owned park and contributions towards other local capital facilities. This report recommends approval of the application to amend the Zoning By-law to permit the proposed development subject to the Bills being held from enactment to allow for the Owner to enter into a Section 37 Agreement and finalize the Functional Servicing Report.

Staff recommended

The City Planning Division recommends that: 1. City Council amend City of Toronto Zoning By-law 569-2013, as amended, for the lands at 7437, 7439 and 7441 Kingston Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (August 23, 2021) from the Director, Community Planning, Scarborough District. 2. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment(s) as may be required.

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3. City Council accept an onsite parkland dedication by the Owner having an area of no less than 1.890.5 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. The Owner is to pay for the costs of the preparation and registration of all relevant documents; and 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, should the owner elect to provide 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 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; 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; and 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 of the Chief Planner and Executive Director, City Planning and the City Solicitor, to secure the following facilities, services and matters at the Owner's expense: a. Prior to issuance of an above grade building permit, other than a building permit for a temporary sales office, the Owner make a cash contribution of $1.4 million payable to the City of Toronto, with such amount to be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto for the period from the date of the registration of the Section 37 Agreement to the date of payment; the funds shall be directed as follows: 1. $900,000 to be allocated towards Northeast Scarborough Community Centre at 8450 Sheppard Avenue East; 2. $250,000 to be allocated towards the refurbishment and improvement of the Royal Rouge Tot Lot; and 3. $250,000 to be allocated towards park improvements in Ward 25 to be directed in consultation with the local Councillor and the General Manager of Parks, Forestry and Recreation. b. In the event the cash contribution referred to in subsection 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 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 c. As a legal convenience to support development: 1. 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; 2. 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; and 3. The design and construction the above base park improvements to the new park by the owner in exchange for a development change credit against Parks and Recreation component of the Development Charges, should the owner elect to provide above base park improvements, all to the satisfaction of the General Manager, Parks, Forestry and Recreation. 6. Before introducing the necessary Bills to City Council for enactment, the owner be required to: a. Submit to satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services for review and acceptance a revised Functional Servicing Report to confirm the details of the proposed servicing solutions; and b. Make satisfactory arrangements with Engineering and Construction Services and enter into the appropriate financially secured development agreement with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades and road improvements are required to support the development, according to the accepted Functional Servicing Report.

Considered

2021-09-17 · Scarborough Community Council · amended
Decision as filed
Scarborough Community Council recommends that: 1. City Council amend City of Toronto Zoning By-law 569-2013, as amended, for the lands at 7437, 7439 and 7441 Kingston Road substantially in accordance with the draft Zoning By-law Amendment in Attachment 5 to the report (August 23, 2021) from the Director, Community Planning, Scarborough District. 2. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment(s) as may be required.
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3. City Council accept an onsite parkland dedication by the Owner having an area of no less than 1.890.5 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. The Owner is to pay for the costs of the preparation and registration of all relevant documents; and 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, should the owner elect to provide 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 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; 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; and 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 of the Chief Planner and Executive Director, City Planning and the City Solicitor, to secure the following facilities, services and matters at the Owner's expense: a. Prior to issuance of an above grade building permit, other than a building permit for a temporary sales office, the Owner make a cash contribution of $1.4 million payable to the City of Toronto, with such amount to be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto for the period from the date of the registration of the Section 37 Agreement to the date of payment; the funds shall be directed as follows: 1. $900,000 to be allocated towards Northeast Scarborough Community Centre at 8450 Sheppard Avenue East; 2. $250,000 to be allocated towards the refurbishment and improvement of the Royal Rouge Tot Lot; and 3. $250,000 to be allocated towards park improvements in Ward 25 to be directed in consultation with the local Councillor and the General Manager of Parks, Forestry and Recreation. b. In the event the cash contribution referred to in subsection 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 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 c. As a legal convenience to support development: 1. 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; 2. 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; 3. the design and construction the above base park improvements to the new park by the owner in exchange for a development change credit against Parks and Recreation component of the Development Charges, should the owner elect to provide above base park improvements, all to the satisfaction of the General Manager, Parks, Forestry and Recreation; 4. the Owner shall submit a Construction Management Plan to the satisfaction of the Chief Building Official and Executive Director, Toronto Building and the Chief Planner and Executive Director, City Planning demonstrating that both buildings will be constructed concurrently; and 5. as part of the application for Site Plan Control approval, the Owner shall provide a detailed design, cost estimate and financial security to implement a new traffic signal controlled 4 legged intersection at Kingston Road and Raspberry Road to the satisfaction of the Chief Engineer & Executive Director of Engineering and Construction Services and the General Manager of Transportation Services, said intersection to be designed to prohibit northbound and southbound movements from the across Kingston Road between the development driveway and Raspberry Road. 6. Before introducing the necessary Bills to City Council for enactment, the owner be required to: a. submit to satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services for review and acceptance a revised Functional Servicing Report to confirm the details of the proposed servicing solutions; and b. make satisfactory arrangements with Engineering and Construction Services and enter into the appropriate financially secured development agreement with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades and road improvements are required to support the development, according to the accepted Functional Servicing Report. 7. City Council request the General Manager, Transportation Services to report back to the Scarborough Community Council on the installation of the traffic control signal at intersection of Kingston Road and Raspberry Road/Site Driveway, including prohibiting entry at all times from Raspberry Road to the Site Driveway, and from the Site Driveway to Raspberry Road.
Clerk’s note
The Scarborough Community Council held a statutory public meeting on September 17, 2021 and notice was given in accordance with the Planning Act.
2021-10-01 · Toronto City Council · adopted

On the record

The item as the City filed it

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