1125 to 1137 Markham Road and 2141 Ellesmere Road - Zoning Amendment and Draft Plan of Subdivision Applications - Decision Report - Approval

The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with the Growth Plan (2020). The proposed development also conforms with Site and Area Specific Policy (SASP) 322 by implementing new public road connections and adding a park to the area while maintaining commercial uses on the site. The proposal contributes to the emergence of an intensifying mixed use community at the southeast corner of Markham Road and Ellesmere Road and conforms with the Official Plan policies for Mixed Use Areas as further articulated by the Markham-Ellesmere Revitalization Study Urban Design Guidelines and Conceptual Master Plan and Site and Area Specific Policy 322. This report reviews and recommends approval of the application to amend the Zoning By-law. The recommended Zoning By-law Amendment includes a holding provision (H) on the lands which can be lifted upon the submission of a Functional Servicing and Stormwater Management Report to the satisfaction of the Chief Engineer, Engineering Construction Services. The hold would also remain in place until confirmation that a lot addition application has been approved and additional lands acquired by the owner to facilitate an interim road condition required for the development and that other matters relating to the associated plan of subdivision were in place. A related Draft Plan of Subdivision application has been submitted. This report advises that the Interim Chief Planner and Executive Director, City Planning intends to approve the Draft Plan of Subdivision application to create the development block, proposed park block and new roads/widenings.

3. City Council approve that in accordance with Section 42 of the Planning Act as a component of the registration of Plan of Subdivision, the conveyance to the City of an on-site parkland dedication of 830 square metres, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor. 4. City Council approve the acceptance of 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 to the satisfaction of the General Manager, Parks, Forestry and Recreation subject to the following: a. the Owner may propose an exception of encumbrances for tiebacks, where such an encumbrance is deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor; and b. such an encumbrance 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. 5. 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 & 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. 6. In accordance with the delegated approval under By-law 229-2000, as amended, City Council be advised that the Chief Planner and Executive Director, City Planning intends to approve the Draft Plan of Subdivision as generally illustrated in Attachment 9 of the report from the Director, Community Planning, Scarborough District, dated March 13, 2023, subject to: a. the conditions from various City divisions generally listed in Attachment 8, which, except as otherwise noted, must be fulfilled prior to final approval and the release of the Plan of Subdivision for registration; and b. any such revisions to the proposed subdivision plan or any such additional modified conditions as the Interim Chief Planner and Executive Director, City Planning may deem to be appropriate to address matters arising from the on-going technical review of this development. 7. City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the local Ward Councillor and the City Solicitor, to continue to work with the applicant to explore an in-kind community benefit package pursuant to Section 37(6) of the Planning Act that includes the provision of affordable housing units within the proposed development and to report back to City Council for further instruction on any offer of in-kind community benefits made by the owner.