253 Markham Road and 12, 20 and 30 Dunelm Street - Official Plan Amendment, Zoning Amendment Applications - Final Report

A total of 602 bicycle parking spaces are proposed as well. A gross floor space index of 2.2 times the area of the site is proposed. Amendments to the Official Plan are required in order to redesignate the subject lands from Neighbourhoods to Apartment Neighbourhoods and Parks and Open Spaces (Parks). Amendments to the former Scarborough Village Community Zoning By-law No. 11010, as amended and Zoning By-law 569-2013, as amended, are required in order to permit the proposed apartment buildings, the proposed public park and establish appropriate regulating performance standards. Of note, the applicant proposes the realignment of an existing City owned transmission water main and the establishment of a 10.7 metre easement in favour of the City to facilitate the proposed development. 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 relevant Zoning By-law. The intensification of the site with the proposed residential land use and parkland is appropriate given that it meets the development criteria for the Apartment Neighbourhoods land use designation, the redevelopment appropriately fits within the existing and planned context for the area and will not result in adverse impacts. The development is a partnership between the non-profit affordable home ownership developers Options for Homes and Habitat for Humanity GTA. The site was a surplus City of Toronto property that was sold to the groups by Build Toronto, now CreateTO. In 2018 City Council approved financial support for 300 of the new homes proposed for the site from the City's Home Ownership Assistance Program (HOAP). HOAP provides City Development Charge deferrals to developers who then pass on this value to eligible purchasers in the form of down payment assistance loans. This report recommends HOAP support for up to an additional 92 new affordable ownership homes. The total number of affordable ownership units with HOAP support proposed on this site is now 392.

3. City Council amend Zoning By-law 10010, (Scarborough Village Community) as amended, for the lands at 253 Markham Road and 12, 20 and 30 Dunelm Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to this report. 4. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and draft Zoning By-law Amendments as may be required. 5. City Council authorize the City Solicitor to submit the necessary bill(s) to implement the foregoing recommendation(s) provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will issue until such time as the Section 37 Agreement is executed. 6. City Council approve the acceptance of an on-site parkland dedication, subject to the Owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition. 7. City Council require in accordance with Section 42 of the Planning Act, that within 24 months from date of issuance of the first above grade building permit associated with Building A or a subsequent extension at the discretion of the General Manager, Parks, Forestry and Recreation and the City Solicitor, the Owner shall convey to the City, an on-site parkland dedication in base park condition, having a minimum size of 4,455 square metres. 8. City Council require the Owner to register a Section 118 Restriction on title, under the Land Titles Act, agreeing not to transfer or charge the Parkland without the consent of the City, which restriction may be released only upon the owner transferring the Parkland to the City, all to the satisfaction of the Chief Planner and Executive Director, City Planning or designate and the City Solicitor 9. City Council require that should the Owner determine that tiebacks are necessary within the Parkland dedication lands, despite Recommendation 6, such an encumbrance may be permitted provided it is approved by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor and will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management. 10. City Council require the Owner to enter into an agreement pursuant to Section 37 of the Planning Act to secure the following: a. prior to the issuance of the first above-grade building permit for 'Building A', the Owner shall make a cash contribution to the City in the amount of $850,000 to be used for 'above base' park improvements to the proposed public park located on Dunelm Street to the satisfaction of the General Manager of Parks, Forestry and Recreation; b. the Owner shall make a cash contribution totalling $850,000 to be paid in equal payments to the City in the amount of $283,333.00 prior to the first above-grade building permit for each of Building B, Building C and Building D to be used for the expansion of licensed, non-profit child care spaces in the vicinity of the development; c. the cash contribution in Recommendation 10.a. and 10.b. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area as reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135-01, or its successor. 11. 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 City and Owner shall make reasonable efforts to amend the Home Ownership Assistance Program Delivery Agreement - 253 Markham Road and 12, 20 and 30 Dunelm Street, Toronto, executed on December 19, 2018 with Habitat for Humanity (Greater Toronto Area) and Home Ownership Alternatives Non-Profit Corporation (Greater Toronto Area) to address appropriate implementation matters regarding the affordable housing units to be provided as part of the Development; b. enter into a financially secured Development Agreement for the relocation of a 750 mm transmission watermain, according to the Site Servicing Review accepted by the Chief Engineer and Executive Director, Engineering and Construction Services prior to the issuance of any building permit; c. the Owner shall satisfy the requirements of Metrolinx and the Canadian National Railway, regarding noise and vibration attenuation Requirements and operational easement requirements, and shall insert warning clauses in purchase and sale/tenancy agreements as required in connection with noise and vibration; d. The Owner shall provide the Toronto Transit Commission with $35,000 for the installation of signal priority at an intersection in the vicinity of the site to the satisfaction of the Toronto Transit Commission, Project Development and Planning prior to the issuance of the first above-grade building permit for Building A; e. the Owner shall construct and maintain the development of the site in accordance with Tier 1, Toronto Green Standard version 3, and the Owner shall be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate; f. the owner of Building A, Building B, Building C, Building D, Building E and Building F shall provide and maintain a minimum number of two- and three-bedroom units in accordance with the following, subject to minor variations, satisfactory to the Chief Planner, and Executive Director, City Planning: 1. the subject owner of each of Building A, Building B, Building C, Building D, and Building F shall provide and maintain a minimum of 25 percent of the total number of dwelling units in the subject Building as dwelling units having two bedrooms; 2. upon completion of the development, a minimum of 10 percent of all of the dwelling units shall include three or more bedrooms, which shall be distributed in each Building as follows: a. the subject owner of Building A shall provide and maintain a minimum of 4 percent of the total number of dwelling units in Building A as three-bedroom units; b. the subject owner of Building B shall provide a minimum of 3 percent of the total number of dwelling units in Building B as three-bedroom units; c. the subject owner of Building C shall provide and maintain a minimum of 4 percent of the total number of dwelling units in Building C as three-bedroom units; d. the subject owner of Building D shall provide and maintain a minimum of 11 percent of the total number of dwelling units in Building C as three-bedroom units; e. the subject owner of Building E shall provide and maintain 100 percent of the total number of dwelling units in Building E as dwelling units as three bedrooms; and, f. The subject owner of Building F shall provide and maintain a minimum of 64 percent of the total number of dwelling units in Building F as three-bedroom units; g. the Owner shall convey a minimum 4,455 square metre on-site parkland dedication to the City pursuant to Section 42 of the Planning Act which conveyance shall satisfy the owner's parkland dedication requirements pursuant to Section 42 of the Planning Act; to the satisfaction of the General Manager, Parks, Forestry and Recreation, in consultation with the Ward Councillor subject to the following; 1. the owner shall convey, or cause to be conveyed, the on-site parkland, which will include the City standard base park improvements, to the City no later than 24 months after the issuance of the first above grade building permit for Building A, subject to extensions, including but not limited to seasonality, satisfactory to the General Manager, Parks, Forestry and Recreation; 2. the owner of Building A is required to obtain an above-grade building permit for Building A prior to obtaining an above-grade building permit for any of Building B, Building C, Building D, or Building F. 3. the on-site parkland to be transferred to the City shall be free and clear, above and below grade, of all easements, encumbrances and encroachments, including surface and subsurface easements, unless otherwise approved by the General Manager, Parks, Forestry and Recreation, however, it is acknowledged that the on-site parkland may be subject to a temporary new watermain easement substantially in accordance with Drawing C-106, 750mm Diameter Watermain Realignment Plan and Profile, prepared by Stantec Consulting Ltd., dated April 29, 2022, unless otherwise satisfactory to the General Manager, Parks, Forestry and Recreation; 4. prior to the issuance of the first above-grade building permit, excluding a permit for demolition or a rental/sales centre, the owner shall register, in a form and in priority to the satisfaction of the City Solicitor a restriction against title to the on-site parkland pursuant to Section 118 of the Land Titles Act, to restrict the transferring and/or charging of these lands by the owner, other than as may be consented to in writing by the Chief Planner and Executive Director, City Planning or designate, which consent won't be unreasonably withheld and which for greater certainty, shall not be withheld to facilitate financing and development on the on-site parkland; 5. the Section 118 Restriction shall be released by the City of Toronto upon conveyance, to the City, of the on-site parkland. h. it is acknowledged that a public road is not required and that a private road is acceptable to the City as shown generally on Attachment 9 to the report (dated June 16, 2022) from the Director, Community Planning Scarborough District; i. the Owner shall satisfy the requirements of Metrolinx and the Canadian National Railway, regarding noise and vibration attenuation requirements and operational easement requirements, and shall insert any warning clauses in purchase and sale/tenancy agreements as required in connection with noise and vibration j. 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 mitigation measures or other recommendations, as detailed in the Noise and Vibration Feasibility Study and addendum letter prepared by HCG Engineering last revised March 4, 2022 or subsequent accepted study, undertaken at the expense of the owner to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with Metrolinx; 2. implementation of any derailment mitigation measures or other recommendations, as detailed in the Rail Safety Report, prepared by Stantec, last revised March 22, 2022 or as may be amended through a subsequent accepted study, undertaken at the expense of the owner, to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with Metrolinx; 3. 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 agreements or tenancy agreements as required in connection with student accommodation; and 4. the construction management plan include an on-site contact during the construction process for residents and stakeholders to contact. 12. City Council authorize the Executive Director, Housing Secretariat, to negotiate, enter into and execute, on behalf of the City, all affordable housing funding agreements, and any security, financing or other documents required with Options for Homes Non-Profit Corporation Greater Toronto Area, or a related corporation, Home Ownership Alternatives Non-Profit Corporation (Great Toronto Area), or a related corporation, Highlands Co-Operative Development Corporation, or a related corporation, Habitat for Humanity Greater Toronto Area, or a related corporation, CreateTO, or a related corporation, and any other parties deemed necessary to facilitate the financial support detailed in this report dated June 15, 2022, on terms and conditions satisfactory to the Executive Director, Housing Secretariat, and in a form approved by the City Solicitor. 13. City Council approve the deferral of City development charges for up to 92 non-profit affordable ownership homes, to be delivered by Options for Home Non-Profit Corporation Greater Toronto Area, or a related corporation, Home Ownership Alternatives Non-Profit Corporation (Great Toronto Area), or a related corporation, Highlands Co-Operative Development Corporation, or a related corporation, Habitat for Humanity Greater Toronto Area, or a related corporation, in the form of down payment assistance loans for eligible purchasers of the homes to be developed on the properties currently known as 253 Markham Road and 12, 20 and 30 Dunelm Street, under the terms of the City's Home Ownership Assistance Program. 14. City Council authorize the City Solicitor to execute, postpone, confirm the status of, and discharge any City security documents registered as required by normal business practices. 15. City Council authorize the Executive Director, Housing Secretariat to determine when the developments at 253 Markham Road and 12, 20 and 30 Dunelm Street have reached an adequate and appropriate stage in the development approvals process and construction readiness to allow the Home Ownership Assistance Program Development Charges Deferral to be securely provided. 16. The City Solicitor, in consultation with the Chief Planner, be authorized to finalize the elements of and give effect to City Council's decision in this matter.