1910 Eglinton Avenue East - Official Plan and Zoning By-law Amendment - Final Report

Considered

• 2022-06-30 · Scarborough Community Council · amended

  Decision as filed

  Scarborough Community Council recommends that: 1. City Council amend the Official Plan, for the lands at 1910 Eglinton Avenue East substantially in accordance with the draft Official Plan Amendment attached as Attachment 5 to the report (June 13, 2022) from the Director, Community Planning, Scarborough. 2. City Council amend City-wide Zoning By-law 569-2013, as amended for the lands at 1910 Eglinton Avenue East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (June 13, 2022) from the Director, Community Planning, Scarborough.

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  3. City Council authorize the City Solicitor to submit the necessary bill(s) to implement City Council's decision provided the City Solicitor is satisfied that the appropriate legal mechanisms are in place to ensure that no building permit will be issued until such time as the Section 37 Agreement is executed and registered. 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 Amendment as may be required. 5. City Council authorize the City Solicitor to enter into and register on title to the lands, in one or more agreements pursuant to Section 37 of the Planning Act, at the Owner's expense, to secure the following matters, on such terms and conditions as may be required, all satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor: a. prior to the issuance of the first above-grade building permit, a cash contribution in the amount of three million ($3,000,000.00) dollars allocated as follows: 1. one million ($1,000,000.00) dollars to be allocated to the new Community Recreation Centre in the Golden Mile Area; 2. one million ($1,000,000.00) dollars to be allocated towards the provision of Affordable Housing units that would benefit the community in the vicinity of the lands, to the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; and 3. one million ($1,000,000.00) dollars to be allocated to commission public art in a process in accordance with the Percent for Public Art Program Guidelines. Prior to the issuance of the first above-grade building permit, the owner will submit a plan that details the possible locations of any public art installations on the site or on public space adjacent to the site and the method of art selection, to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor; b. the cash contribution referred to in Recommendation 5 a. above shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135, or its successor, calculated from the date of the enactment of the zoning by-law amendment(s) to the date of payment; and; c. in the event the cash contribution referred to in Recommendation 5.a. above cannot be directed for the determined purpose within three years of the amending Zoning By-law coming into full force and effect, the amount of funds allocated towards a community benefit 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 the purpose is identified in Official Plan and will benefit the community in the vicinity of the lands. 6. City Council direct that the following matters are also to be secured in the Section 37 Agreement as matters required to support the development of the lands, including: a. the required transportation improvements and transportation demand management measures identified in a Transportation Demand Management Plan accepted and satisfactory to the General Manager, Transportation Services and secured to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning through the Site Plan Control Approval process in addition to the following: 1. the Owner shall pay to the City, by certified cheque, $50,000, indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, calculated from the date City Council enacts the zoning by-law amendment(s) to the date of payment, for the future implementation of one (1) bike-share station, at a location that may be determined by the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services; b. the owner shall construct and maintain, at its own expense, privately owned publicly-accessible spaces, of not less than 298 square metres north of Eglinton Avenue East, and the Owner shall convey to the City, for nominal consideration, easement(s) along the surface of the lands, to the satisfaction of the City Solicitor, which shall constitute the privately owned publicly-accessible spaces and any required public access easements to connect the privately owned publicly-accessible spaces to adjacent privately owned publicly-accessible spaces and/or public rights-of-way, where necessary; and the Owner shall own, operate, maintain and repair the privately owned publicly-accessible spaces 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 spaces 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 spaces shall be determined in the context of a Site Plan Approval for each building and/or block pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City; c. as a condition of site plan approval, the owner shall prepare all documents and convey, a road widening of approximately 3.0 metres along the frontage of the property on Eglinton Avenue East, in an acceptable environmental condition, to the satisfaction the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services and the City Solicitor; d. the owner shall construct and maintain the development of the site in accordance with Tier 1, Toronto Green Standard, and the owner shall 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 Control application; e. the owner shall satisfy conditions and requirements as identified in memorandums provided to the City on behalf of Metrolinx as it relates to the Eglinton Crosstown LRT, utility companies, Toronto District School Board and Toronto Catholic District School Board, based on their review of the development application, all to the satisfaction of the Chief Planner and Executive Director, City Planning and secured in the appropriate agreement(s) satisfactory to the City Solicitor; f. 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. 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; 2. implementation of any required air quality, dust and odour mitigation or other recommendations, in the Air Quality and Odour Study, subject to a peer review, satisfactory and accepted by the Chief Planner and Executive Director, City Planning; 3. implementation of any required Compatibility and Mitigation measures in the Compatibility/Mitigation Study, subject to peer review, satisfactory and accepted by the Chief Planner and Executive Director, City Planning; 4. implementation of any required Wind mitigation measures, in the Pedestrian Level Wind Study, satisfactory and accepted by the Chief Planner and Executive Director, City Planning; 5. Implementation of any required of Metrolinx, particularly regarding noise and vibration attention requirements, warning clauses in purchase and sale/tenancy agreements, and construction traffic management plan and schedules; 6. submission of a revised Energy Strategy Report that includes all required information outlined in the Energy Strategy Terms of Reference, to the satisfaction of the Project Manager, Environment and Energy Division; 7. submission of a detailed Landscape and Soil Volume Plans to determine compliance with Toronto Green Standard Volume 3, Tier 1 to the satisfaction of the General Manager, Parks, Forestry and Recreation; 8. construction of a bus stop platform on the Eglinton Avenue East frontage to the satisfaction of the Toronto Transit Commission; and 9. requirements for a construction management plan to be provided at Site Plan Approval, including but not limited to, noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, coordination with adjacent on-going development construction, parking and access, refuse storage, site security, site supervisor contact information, any required coordination with Metrolinx regarding the Eglinton Crosstown LRT, and a communication strategy with the surrounding community, and any other matters requested by the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services. 7. City Council direct the City Solicitor to revise the zoning by-law amendment attached as Attachment 6 to the report (June 13, 2022) from the Director, Community Planning, Scarborough District to implement Recommendation 5.b. and Recommendation 6.a.1. above prior to the submission of the bills for adoption by City Council.

  Clerk’s note

  The Scarborough Community Council held a statutory public meeting on June 30, 2022 and notice was given in accordance with the Planning Act.

• 2022-07-19 · Toronto City Council · adopted