Scarborough Community Council

The full agenda, as filed

All 20 items in the clerk’s order. Each carries the city’s own words: the staff recommendation, what the body decided, and its status. Nothing below is written by us.

• SC28.1adopted

  Final Report - 2446A, 2448 to 2450 Kingston Road - Rental Housing Demolition Application

  A Rental Housing Demolition application (20 222609 ESC 20 RH) has been submitted under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to demolish an existing mixed-use building containing 10 rental dwelling units at 2446A, 2448 to 2450 Kingston Road. The applicant is proposing to replace the 10 rental units that are proposed to be demolished within a new six-storey purpose-built rental apartment building containing 39 rental dwelling units (inclusive of the 10 replacement rental units) at 2380 to 2382 Kingston Road. The lands at 2446A, 2448 to 2450 Kingston Road are proposed to be redeveloped with an eight-storey condominium apartment building containing 40 condominium dwelling units. The properties are also the subject of Minor Variance applications (21 180761 ESC 20 MV for 2380 to 2382 Kingston Road and 21 202600 ESC 20 MV for 2446A, 2448 to 2450 Kingston Road). The Minor Variance application for 2380 to 2382 Kingston Road was approved by the Committee of Adjustment on October 20, 2021 subject to City Council approving the Rental Housing Demolition application to demolish the existing 10 rental dwelling units at 2446A, 2448 to 2450 Kingston Road. This report recommends approval of the Rental Housing Demolition application under Chapter 667 of the Toronto Municipal Code and the residential demolition permit under Chapter 363 of the Toronto Municipal Code, subject to the owner replacing the ten existing rental units by their respective unit types and sizes and at similar rents to those in effect at the time of application, providing an acceptable Tenant Relocation and Assistance Plan to mitigate hardship for existing tenants, and securing other matters to the satisfaction to the Chief Planner and Executive Director, City Planning Division and Chief Building Official and Executive Director, Toronto Building Division.

  Scarborough Community Council recommends that: 1. City Council approve the Rental Housing Demolition application (20 222609 ESC 20 RH) under Chapter 667 of Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to allow the demolition of ten (10) rental dwelling units at 2446A, 2448 to 2450 Kingston Road, subject to the following conditions: a. the owner shall provide and maintain ten (10) replacement rental dwelling units on the lands at 2380 to 2382 Kingston Road for a period of at least 20 years from the date each such unit is first occupied. During such 20-year period, no replacement rental dwelling unit shall be registered as a condominium or any other form of ownership housing that provides a right to exclusive possession of a dwelling unit, including life-lease or co-ownership, and no application shall be made to demolish or convert any replacement rental unit to a non-residential rental purpose. The ten (10) replacement rental dwelling units shall be comprised of six (6) one-bedroom units and four (4) two-bedroom units, as generally illustrated in the plans submitted to the City Planning Division dated June 25, 2021. Any revision to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning; b. the owner shall provide and maintain the ten (10) replacement rental dwelling units required in Recommendation 1.a. above at affordable rents, as currently defined in the Toronto Official Plan, for a period of at least 10 years beginning from the date of first occupancy of each unit. The ten (10) affordable replacement rental units shall collectively contain a total gross floor area of at least 570 square metres and be comprised of six (6) one-bedroom units and four (4) two-bedroom units; c. the owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants of the ten (10) existing rental dwelling units proposed to be demolished at 2446A, 2448 to 2450 Kingston Road, addressing the right to return to occupy one of the replacement rental dwelling units at 2380 to 2382 Kingston Road at similar rents and other assistance to mitigate hardship. The Tenant Relocation and Assistance Plan shall be developed in consultation with, and to the satisfaction of the Chief Planner and Executive Director, City Planning; d. the owner shall provide tenants of all ten (10) replacement rental dwelling units with access to, and use of, all indoor and outdoor amenities in the proposed development at 2380 to 2382 Kingston Road at no extra charge, and on the same terms and conditions as any other resident of the development, without the need to pre-book or pay a fee unless specifically required as a customary practice for private bookings; e. the owner shall provide ensuite laundry in each replacement rental dwelling unit within the proposed development at 2380 to 2382 Kingston Road at no additional cost to tenants; f. the owner shall provide central air conditioning in each replacement rental dwelling unit within the proposed development at 2380 to 2382 Kingston Road at no additional cost to tenants; g. the owner shall provide and make available for rent at least four (4) vehicular parking spaces to tenants of the replacement rental dwelling units, and such vehicular parking spaces shall be made available firstly to returning tenants who previously used a vehicle parking space at 2446A, 2448 to 2450 Kingston Road, secondly to returning tenants who did not previously use a vehicle parking space at 2446A, 2448 to 2450 Kingston Road, and thirdly to new tenants of the replacement rental dwelling units; h. the owner shall provide tenants of the replacement rental dwelling units with access to all bicycle and visitor vehicular parking on the same terms and conditions as any other resident of the proposed development at 2380 to 2382 Kingston Road; i. the owner shall not apply for, or receive the issuance of, any below-grade or above-grade building permit(s) for the proposed development at 2446A, 2448 to 2450 Kingston Road prior to the issuance of the above-grade building permit(s) and any required below-grade building permits for the proposed development at 2380 to 2382 Kingston Road, which shall contain the (10) replacement rental dwelling units required in Recommendation 1.a. above; and the owner shall notify Toronto Building in writing of the same at the time of application for any below-grade or above-grade building permit(s) for both of the proposed developments at 2380 to 2382 Kingston Road and 2446A, 2448 to 2450 Kingston Road; and j. the owner shall enter into, and register on title to the lands at 2380 to 2328 Kingston Road and 2446A, 2448 to 2450 Kingston Road, agreements pursuant to Section 111 of the City of Toronto Act, 2006 to secure the conditions outlined in Recommendations 1.a. to 1.i. above, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning. 2. City Council authorize the Chief Planner and Executive Director, City Planning to issue Preliminary Approval of the application under Chapter 667 of the Toronto Municipal Code for the demolition of the ten (10) existing rental dwelling units at 2446A, 2448 to 2450 Kingston Road after all of the following have occurred: a. the conditions in Recommendation 1 above have been fully satisfied and secured; b. the Minor Variance for 2380 to 2382 Kingston Road is final and binding; c. the issuance of Notice of Approval Conditions for site plan approval for 2380 to 2382 Kingston Road by the Chief Planner and Executive Director, City Planning or their designate pursuant to Section 114 of the City of Toronto Act, 2006; d. the issuance of excavation and shoring permits, if applicable, for the approved structure at 2380 to 2382 Kingston Road; e. the execution and registration of agreements pursuant to Section 111 of the City of Toronto Act, 2006 securing the conditions in Recommendation 1 above; and f. the City has received written confirmation that all ten (10) existing rental dwelling units proposed to be demolished at 2446A, 2448 to 2450 Kingston Road are vacant. 3. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Rental Housing Demolition permit (Section 111 permit) under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning Division has issued the Preliminary Approval referred to in Recommendation 2 above. 4. City Council authorize the Chief Building Official and Executive Director, Toronto Building Division to issue a residential demolition permit under Section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for 2446A, 2448 to 2450 Kingston Road after the Chief Planner and Executive Director, City Planning has issued the Preliminary Approval referred to in Recommendation 2 above, which may be included in the Rental Housing Demolition permit pursuant to section 6.2 of Chapter 363, on condition that: a. the owner removes all debris and rubble from the site immediately after demolition; b. the owner erects solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building; and c. the owner applies for, and receives approval of, a building permit for a replacement building at 2446A, 2448 to 2450 Kingston Road no later than three (3) years from the date that the demolition of the existing building commences. 5. City Council authorize the appropriate City Officials to take such actions as are necessary to implement City Council's decision, including execution of the Section 111 agreement and other related agreements.

  Staff recommendation as filed

  The City Planning Division recommends that: 1. City Council approve the Rental Housing Demolition application (20 222609 ESC 20 RH) under Chapter 667 of Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to allow the demolition of ten (10) rental dwelling units at 2446A, 2448 to 2450 Kingston Road, subject to the following conditions: a. The owner shall provide and maintain ten (10) replacement rental dwelling units on the lands at 2380 to 2382 Kingston Road for a period of at least 20 years from the date each such unit is first occupied. During such 20-year period, no replacement rental dwelling unit shall be registered as a condominium or any other form of ownership housing that provides a right to exclusive possession of a dwelling unit, including life-lease or co-ownership, and no application shall be made to demolish or convert any replacement rental unit to a non-residential rental purpose. The ten (10) replacement rental dwelling units shall be comprised of six (6) one-bedroom units and four (4) two-bedroom units, as generally illustrated in the plans submitted to the City Planning Division dated June 25, 2021. Any revision to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning Division. b. The owner shall provide and maintain the ten (10) replacement rental dwelling units required in Recommendation 1.a. above at affordable rents, as currently defined in the Toronto Official Plan, for a period of at least 10 years beginning from the date of first occupancy of each unit. The ten (10) affordable replacement rental units shall collectively contain a total gross floor area of at least 570 square metres and be comprised of six (6) one-bedroom units and four (4) two-bedroom units. c. The owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants of the ten (10) existing rental dwelling units proposed to be demolished at 2446A, 2448 to 2450 Kingston Road, addressing the right to return to occupy one of the replacement rental dwelling units at 2380 to 2382 Kingston Road at similar rents and other assistance to mitigate hardship. The Tenant Relocation and Assistance Plan shall be developed in consultation with, and to the satisfaction of the Chief Planner and Executive Director, City Planning Division. d. The owner shall provide tenants of all ten (10) replacement rental dwelling units with access to, and use of, all indoor and outdoor amenities in the proposed development at 2380 to 2382 Kingston Road at no extra charge, and on the same terms and conditions as any other resident of the development, without the need to pre-book or pay a fee unless specifically required as a customary practice for private bookings. e. The owner shall provide ensuite laundry in each replacement rental dwelling unit within the proposed development at 2380 to 2382 Kingston Road at no additional cost to tenants. f. The owner shall provide central air conditioning in each replacement rental dwelling unit within the proposed development at 2380 to 2382 Kingston Road at no additional cost to tenants. g. The owner shall provide and make available for rent at least four (4) vehicular parking spaces to tenants of the replacement rental dwelling units, and such vehicular parking spaces shall be made available firstly to returning tenants who previously used a vehicle parking space at 2446A, 2448 to 2450 Kingston Road, secondly to returning tenants who did not previously use a vehicle parking space at 2446A, 2448 to 2450 Kingston Road, and thirdly to new tenants of the replacement rental dwelling units. h. The owner shall provide tenants of the replacement rental dwelling units with access to all bicycle and visitor vehicular parking on the same terms and conditions as any other resident of the proposed development at 2380 to 2382 Kingston Road. i. The owner shall not apply for, or receive the issuance of, any below-grade or above-grade building permit(s) for the proposed development at 2446A, 2448 to 2450 Kingston Road prior to the issuance of the above-grade building permit(s) and any required below-grade building permits for the proposed development at 2380 to 2382 Kingston Road, which shall contain the (10) replacement rental dwelling units required in Recommendation 1.a. above. The owner shall notify Toronto Building in writing of the same at the time of application for any below-grade or above-grade building permit(s) for both of the proposed developments at 2380 to 2382 Kingston Road and 2446A, 2448 to 2450 Kingston Road. j. The owner shall enter into, and register on title to the lands at 2380 to 2328 Kingston Road and 2446A, 2448 to 2450 Kingston Road, agreements pursuant to Section 111 of the City of Toronto Act, 2006 to secure the conditions outlined in Recommendations 1.a. to 1.i. above, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning Division. 2. City Council authorize the Chief Planner and Executive Director, City Planning Division to issue Preliminary Approval of the application under Chapter 667 of the Toronto Municipal Code for the demolition of the ten (10) existing rental dwelling units at 2446A, 2448 to 2450 Kingston Road after all of the following have occurred: a. The conditions in Recommendation 1 above have been fully satisfied and secured; b. The Minor Variance for 2380 to 2382 Kingston Road is final and binding; c. The issuance of Notice of Approval Conditions for site plan approval for 2380 to 2382 Kingston Road by the Chief Planner and Executive Director, City Planning Division or their designate pursuant to Section 114 of the City of Toronto Act, 2006; d. The issuance of excavation and shoring permits, if applicable, for the approved structure at 2380 to 2382 Kingston Road; e. The execution and registration of agreements pursuant to Section 111 of the City of Toronto Act, 2006 securing the conditions in Recommendation 1 above; and f. The City has received written confirmation that all ten (10) existing rental dwelling units proposed to be demolished at 2446A, 2448 to 2450 Kingston Road are vacant. 3. City Council authorize the Chief Building Official and Executive Director, Toronto Building Division to issue a Rental Housing Demolition permit (Section 111 permit) under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning Division has issued the Preliminary Approval referred to in Recommendation 2 above. 4. City Council authorize the Chief Building Official and Executive Director, Toronto Building Division to issue a residential demolition permit under Section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for 2446A, 2448 to 2450 Kingston Road after the Chief Planner and Executive Director, City Planning Division has issued the Preliminary Approval referred to in Recommendation 2 above, which may be included in the Rental Housing Demolition permit pursuant to section 6.2 of Chapter 363, on condition that: a. The owner removes all debris and rubble from the site immediately after demolition; b. The owner erects solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building Division; c. The owner applies for, and receives approval of, a building permit for a replacement building at 2446A, 2448 to 2450 Kingston Road no later than three (3) years from the date that the demolition of the existing building commences. 5. City Council authorize the appropriate City officials to take such actions as are necessary to implement City Council's decision, including execution of the Section 111 agreement and other related agreements.

• SC28.2amended

  Final Report - 3850 and 3900 Sheppard Avenue East and 2350 to 2362 Kennedy Road - Zoning By-law Amendment and Draft Plan of Subdivision Applications

  This application proposes to amend City of Toronto Zoning By-law 569-2013 to permit the redevelopment of the lands located at 3850 and 3900 Sheppard Avenue East and 2350 to 2362 Kennedy Road. The subject lands currently contain the Agincourt Mall and are approximately 10.6 hectares in size. The subject applications are required to implement Site and Area Specific Policy 572 (SASP 572) adopted by City Council in 2018 which provides for the replacement of the existing mall with a new community that will include a new road network, residential, commercial, parks and community uses. The proposal would result in 4,372 dwelling units, 10,333 square metres of office space (2.8% of total floor area) and 24,190 square metres of retail space (6.5% of total floor area) deployed in a number of mixed use buildings. The proposed total gross floor area of 371,325 square metres represents a density of approximately 3.5 times the lot area. A new 12,090 square metre public park is located at the west side of the site. A second park is located along Sheppard Avenue East and is 2,747 square metres in size. Four Privately-Owned Publicly Accessible Spaces (POPS) have been proposed to expand and enhance the public realm, creating additional open spaces and pedestrian/cycling connections through the site. Staff have negotiated a number of community benefits which are recommended to be secured in an agreement pursuant to Section 37 of the Planning Act. The community benefits include: 272 of the proposed units to be secured as affordable housing, representing 10% of the increased residential permissions or 6.2% of the total units. Open Door Affordable Rental Housing Program incentives would be applied to the units to extend the affordability period from 15 to 40 years; a child care facility (62 child spaces) to be constructed in accordance with Children's Services requirements and conveyed to the City; a 1,200 square metre community agency space; and a financial contribution of $250,000 to establish a public art program for the site. 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 conforms to SASP 572, adding to the range and mix of residential units available in a compact form while maintaining a significant amount of non-residential space on the site. The redevelopment of the site from a mall with significant surface parking to a new neighbourhood is focused on public realm and pedestrian movement improvements. Further, the integration of significant retail and commercial uses into the new buildings insures these important functions continue to serve the broader community's day-to-day needs. Through the dedication of the parkland and securing of POPS space, the proposal creates a public realm around which the new complete community will emerge. Approval of the development would also secure a number of community benefits, outlined above, including a significant amount of new affordable housing units as provided for by Official Plan policies for sites greater than 5 hectares. 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 and finalize matters to the satisfaction of Engineering and Construction Services. This report also recommends the approval of financial incentives pursuant to the City's Open Door Affordable Housing Program.

  Scarborough Community Council recommends that: 1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 3850 and 3900 Sheppard Avenue East and 2350 to 2362 Kennedy Road substantially in accordance with the Draft Zoning By-law Amendment in Attachment 5 to the report (November 4, 2021) from the Director, Community Planning, Scarborough District and the Director, Housing Policy and Strategy, Housing Secretariat. 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 on-site parkland dedication (the "Parkland") pursuant to Section 42 of the Planning Act, by the owner having a total area of not less than 14,580 square metres, generally as shown as Blocks 8, 9 and 10 in the Draft Plan of Subdivision found in Attachment 17 to the report (November 4, 2021), with the exact size, location and configuration of the Parkland to be to the satisfaction of the General Manager, Parks, Forestry and Recreation, and such Parkland to be transferred to the City, free and clear, above and below-grade, of all easements, encumbrances and encroachments, in an acceptable environmental condition, and in a phased manner in accordance with Recommendation 4, below and pursuant to the registration of a phased plan of subdivision as set out in Recommendation 10, below. 4. City Council require that the Parkland be conveyed to the City in phases, and may be improved with Above Base Park Improvements, generally as follows: a. Sheppard Park (2,480 square metres) generally as shown as Block 8 in Attachment 17 shall to be conveyed in Phase 1 prior to the issuance of above grade building permit for any residential use on Blocks 5, 6, and 7; b. Central Park (12,100 square metres) is to be conveyed in 2 park blocks generally as shown as Blocks 9 and 10 in Attachment 17 to the report (November 4, 2021) from the Director, Community Planning, Scarborough District and the Director, Housing Policy and Strategy, Housing Secretariat; c. Block 9 shall be conveyed prior to the issuance of any above grade building permits for residential uses on Blocks 1 or 2 generally as shown on Attachment 17 to the report (November 4, 2021 ) from the Director, Community Planning, Scarborough District and the Director, Housing Policy and Strategy, Housing Secretariat; and d. Block 10 will be conveyed prior to the issuance of any above grade building permit for residential uses on Block 3 in Phase 3. 5. City Council require the Owner to design and construct Base Park Improvements, and may design and construct Above Base Park Improvements on each of the Blocks comprising the Parkland, which shall not exceed the Parks and Recreation component of the Development Charges. Should the General Manager, Parks, Forestry and Recreation and the Owner agree that the Owner shall design and construct Above Base Park Improvements, which election must be made prior to the issuance of the first above grade building permit for any part of the Development, then prior to the issuance of any above-grade building permit for any part of the Development, the owner shall submit a design and cost estimate for the Above Base Park Improvements, 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. 6. 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 any 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. 7. City Council approve a development charge credit against the Child Care component of the Development Charges for the design and construction by the owner of the Child Care Centre (as defined in Recommendation 10, below), to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Children's Services. The development charge credit shall be in an amount that is the lesser of (1) the cost to the owner of designing and constructing the Child Care Centre minus $3,666,719.00, and (2) the Child Care component of the Development Charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time 8. City Council approve a development charge credit against the Parks and Recreation component of Development Charges for the design and construction by the owner of the Community Agency Space (as defined in Recommendation 10), to the satisfaction of the Chief Planner and Executive Director, City Planning. The development charge credit shall be in amount that is the lesser of (1) the cost to the owner of designing and constructing the Community Space minus $1,000,000.00, and (2) 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. 9. Prior to introducing the necessary bills to City Council for enactment the owner shall, at its sole cost and expense,: a. submit a revised Functional Servicing and Stormwater Management Report, Hydrogeological Report and supporting documents (the "Engineering Reports"), including confirmation of water and fire flow, sanitary and storm capacity, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services in consultation with the General Manager, Toronto Water; b. address all outstanding engineering issues identified in the Engineering Reports by the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water, and any other comments that may arise further to the review of materials submitted as part of the process to address the issues set out in the memorandum from Engineering and Construction Services, and the General Manager, Transportation Services. 10. Prior to 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 secure the following facilities or matters, which shall also be secured in the Zoning By-law Amendment, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor: a. the community benefits recommended to be secured in the Section 37 Agreement are as follows: 1. the design, construction, finishing, maintenance and provision of at least 272 affordable rental housing dwelling units comprised of at least 16,864 square metres of residential Gross Floor Area on the lands at 3850 and 3900 Sheppard Avenue East and 2350 to 2362 Kennedy Road (the "Affordable Housing Units"), provided that the Affordable Housing Units approved for the City of Toronto's Open Door Affordable Housing Program incentives all to the satisfaction of the Chief Planner and Executive Director, City Planning Division, and the Executive Director, Housing Secretariat, in accordance with the following terms: aa. at least thirty (30) of the Affordable Housing Units shall be a three-bedroom or four-bedroom rental unit with a minimum unit size of 84 square metres and an average size of 92 square metres; bb. at least eighty-six (86) of the affordable rental dwelling units shall be two-bedroom rental units with a minimum unit size of 60 square metres and an average size of 67 square metres; cc. at least one hundred fifty-six (156) of the Affordable Housing Units shall be one-bedroom rental units with a minimum unit size of 48 square metres and an average size of 55 square metres; dd. the Affordable Housing Units shall be phased such that a minimum of 114 of the Affordable Housing Units shall be provided on Blocks 5 and /or 6 as part of Phase 1 , a minimum of 101 of the Affordable Housing Units shall be provided on Blocks 1, 2 and/or 3 as part of Phase 2 of the development , and any remaining Affordable Housing Units shall be provided on Block 4 as part of Phase 3 of the development; and notwithstanding the foregoing, the owner shall be permitted to deliver the Affordable Housing Units at an earlier stage of the development upon arrangements satisfactory to the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat; ee. the location and layouts of the Affordable Housing Units shall be to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat, provided that the City will not require the location of any such unit be on the sixth floor or higher in any Block; ff. the owner shall provide and maintain the Affordable Housing Units as secured rental housing for a minimum period of 40 years beginning from the date that each such unit is first occupied (the "Affordability Period"). During the Affordability Period, no Affordable Housing Unit shall be registered as a condominium or any other form of ownership housing that provides a right to exclusive possession of a dwelling unit, including life-lease or co-ownership, and no application shall be made to demolish any Affordable Housing Unit or to convert any Affordable Housing Unit to a non-residential rental purpose. Upon the expiration of the Affordability Period, the owner shall continue to provide and maintain the units as rental dwelling units, unless and until such time as the owner has applied for, and obtained, all approvals necessary to do otherwise; gg. the owner shall provide and maintain the Affordable Housing Units with Affordable Rents for the Affordability Period. The initial rent (inclusive of utilities) charged to the first tenants of any Affordable Housing Units shall not exceed 100% of the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report; hh. if an Affordable Housing Unit becomes vacant and is re-rented to a new tenant during the Affordability Period, the initial rent (inclusive of utilities) charged to the new tenant shall not exceed 100 percent of the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report; ii. after the first year of occupancy of any Affordable Housing Units, the rent (inclusive of utilities) charged to the first tenants or new tenants occupying such unit may be escalated annually by not more than the annual provincial rent guideline, regardless of whether such guideline is applicable to the units under the Residential Tenancies Act or any successor legislation governing residential tenancies in Ontario, until the tenancy ends; jj. notwithstanding the annual rent increases permitted in ii. above, the rent (inclusive of utilities) charged to any first tenants or new tenants occupying an Affordable Housing Unit shall not be increased to an amount that exceeds 100 percent of the average rent for the same unit type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report; kk. at least six months in advance of any new Affordable Housing Units being made available for rent to the general public, the owner shall develop and implement a Tenant Access Plan to ensure units are rented to eligible households in consultation with, and to the satisfaction of, the Executive Director, Housing Secretariat; ll. the new Affordable Housing Units to be constructed as part of each phase shall be made ready and available for occupancy no later than the date by which seventy percent (70 percent) of the new dwelling units as part of the construction of that phase. above are available and ready for occupancy, or to the satisfaction of, the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat. mm. the owner shall provide all tenants of the affordable rental dwelling units with access to, and use of, all indoor and outdoor amenities in the building in which such tenant resides at no extra charge; access to, and use of, these amenities shall be provided on the same terms and conditions as any other resident of the building without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings; nn. access to, and use of, these amenities shall be provided on the same terms and conditions as any other resident of the building in which the Affordable Housing Units are located, without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings; oo. The owner shall provide all tenants of the Affordable Housing Units with laundry facilities on the same basis as other units within building in which the Affordable Housing Units are located at no extra charge; and pp. the owner shall provide all tenants of the Affordable Housing Units with access to permanent and visitor bicycle parking/bicycle lockers on the same terms and conditions as any other resident of the building in which the Affordable Housing Units are located, and in accordance with the Zoning By-law; 2. the design, construction, finishing and equipping of a non-profit licensed child care facility to be located in the second floor of the building on Block 2, to the satisfaction of the Chief Planner and Executive Director, City Planning, and the General Manager, Children's Services, to accommodate at a minimum 62 children, including infants, toddlers and preschoolers, comprising a minimum of 1,060 square metres of interior space and approximately 347 square metres of exterior space adjacent to the interior space including outdoor storage and four (4) parking spaces reserved for the exclusive use of the child care facility for pick-up/drop-off operations, (the "Child Care Centre"), including: aa. the conveyance of the Child Care Centre at no cost to the City, in fee simple, prior to first occupancy of the Building on Block 2; bb. on, or prior to the conveyance of the Child Care Centre, the City and the owner shall enter into and register on title to, the appropriate lands, an Easement and Cost Sharing Agreement for nominal consideration and at no cost to the City, that is in a form satisfactory to the City Solicitor; the Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement and reconstruction of certain shared facilities, and the sharing of costs in respect thereof, or portions of the subject lands to be owned by the City and the owner as they pertain to the Child Care Centre; cc. a letter of credit in an amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and handover of the Child Care Centre complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the General Manager, Children's Services and the Chief Financial Officer and Treasurer, will be provided to the City prior to the issuance of the first above grade building permit for the building on Block 2, to secure the Child Care Centre; dd. a one-time cash contribution in the amount of $150,000.00 to be used toward start-up costs to be paid prior to the issuance of the first above grade building permit for the building on Block 2; ee. a one-time cash contribution in the amount of $150,000.00 to the Child Care Capital Reserve Fund, to replace appliances and large equipment due to wear and tear, to be paid prior to the issuance of the first above grade building permit for the building on Block 2; ff. all cash contributions shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto calculated from the date of the Section 37 Agreement to the date of payment gg. four (4) dedicated parking spaces will be provided free-of-charge for the exclusive use of the child care facility for pick-up/drop-off operations. These spaces to be assigned accordingly, and be located in close proximity to the elevators providing the shortest route between the underground parking garage and the Child Care Centre, which shall be barrier-free. A parking pass will be provided for officials conducting inspections of the child care facility; and hh. any other details related to the Child Care Centre such as timing, location, obligations and any matters necessary to implement the Child Care Centre, which have not been addressed in the Recommendations of this report will be finalized between the owner and the City and will be substantially in accordance with the City of Toronto's Child Care Development Guidelines (2021) and to the satisfaction of the Executive Director, Corporate and Real Estate Management, the General Manager, Children's Services, and the Chief Planner and Executive Director, City Planning, in consultation with the City Solicitor; 3. prior to the earlier of condominium registration and the first residential use of any residential building for Block 2, the owner shall substantially complete construction of 1,090 square metres of Community Agency Space to be located on the ground floor of the building on Block 2 (the "Community Agency Space"), which is to be provided to the City at no cost for public use and subject to the following: aa. the Community Agency Space shall be delivered to the City in accordance with the City's Community Space Tenancy Policy and finished to Base Building Condition, with the terms and specifications to be secured in the Section 37 Agreement, all satisfactory to the Executive Director, Social Development, Finance and Administration, the Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning and the City Solicitor, in consultation with the Ward Councillor; bb. prior to the issuance of the first above grade building permit, the owner shall provide a letter of credit in the amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and conveyance of the Community Agency Space complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning and the City Solicitor; and cc. on, or prior to the conveyance of the Community Agency Space, the City and the owner shall enter into and register on title to, the appropriate lands, an Easement and Cost Sharing Agreement for nominal consideration and at no cost to the City, that is in a form satisfactory to the City Solicitor; the Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement and reconstruction of certain shared facilities, and the sharing of costs in respect thereof, or portions of the subject lands to be owned by the City and the owner as they pertain to the Community Agency Space; 4. the preparation of a public art plan, in accordance with City Planning's Percent for Public Art process, and with approval from City Council, including that: aa. prior to the issuance of the first above-grade building permit for any residential use on Block 7, the owner shall submit a public art plan, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, detailing the design and construction of an on-site public art installation with a minimum value of $250,000.00, with such value upwardly indexed in accordance with the Non-Residential Construction Price Index for the Toronto, calculated from the date of the Section 37 Agreement to the date of delivery of the financial security required by this Recommendation; and bb. prior to the issuance of the first above grade building permit for any residential use on Block 7, the owner shall provide a letter of credit in the amount sufficient to guarantee 120 percent of the estimated indexed cost of the design and construction of the public art to be installed in accordance with the public art plan; b. the following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support the development: 1. prior to the earlier of the issuance of the first above grade building permit for any residential use on Block 5, 6 and Block 7, the owner shall provide to the city the municipal services necessary for Phase 1, and convey to the City the Park Block 8, all associated with the first phase registration of the plan of subdivision pursuant to the approval of application 19 236443 ESC 22 SB; 2. prior to the earlier of the issuance of the first above grade building permit for any residential use on Block 1, Block 2 and Block 4, the owner shall provide to the city the municipal services necessary for Phase 2, and convey to the City the Park Block 9, all associated with the second phase registration of the plan of subdivision pursuant to the approval of application 19 236443 ESC 22 SB; 3. prior to the earlier of the issuance of the first above grade building permit for any residential use on Block 3 the owner shall provide to the city the municipal services necessary for Phase 3, and convey to the City the Park Block 10, all associated with the third phase registration of the plan of subdivision pursuant to the approval of application 19 236443 ESC 22 SB; 4. the owner shall develop the municipal services for the site in accordance with the following sequence, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services: aa. all municipal services necessary for Phase 1, as described in the Phasing Plan, shall be provided first; bb. all municipal services necessary for Phase 2, as described in the Phasing Plan, shall be provided second ; cc. all municipal services necessary for Phase 3, as described in the Phasing Plan, shall be provided third; and dd. in any event, the construction of the municipal services for a subsequent phase Phase shall not commence prior to the owner having satisfied the requirements of Recommendation 10(b)1 through 10(b)3, inclusive; 5. the construction and maintenance, at the owner's expense, an area of not less than 2,348 square metres across the north side of Blocks 1 and 7, connecting Public Street "D" with Public Street "F," for use by the general public as Privately Owned Publicly Accessible Open Space with the specific location, configuration, and design to be determined and secured in the context of Site Plan Approval to the satisfaction of the Chief Planner and Executive Director, City Planning; 6. the construction and maintenance, at the owner's expense, an area of not less than 665 square metres at the south end of Block 7 near the intersection of Public Street "A" and Public Street "B," for use by the general public as Privately Owned Publicly Accessible Open Space with the specific location, configuration, and design, and programming to be determined and secured in the context of Site Plan Approval to the satisfaction of the Chief Planner and Executive Director, City Planning; 7. the construction and maintenance, at the owner's expense, an area of not less than 385 square metres at the southeast corner of Block 5 near the intersection of Kennedy Road and Sheppard Avenue East for use by the general public as Privately Owned Publicly Accessible Open Space with the specific location, configuration, and design to be determined and secured in the context of Site Plan Approval to the satisfaction of the Chief Planner and Executive Director, City Planning; 8. the construction and maintenance, at the owner's expense, an area of not less than 2,366 square metres on the lands along the west side of Public Street "C," for use by the general public as Privately Owned Publicly Accessible Open Space with the specific location, configuration, and design to be determined and secured in the context of Site Plan Approval for Block 3 to the satisfaction of the Chief Planner and Executive Director, City Planning; 9. as a pre-approval condition to Site Plan Approval for residential use on any block on the development site which includes a Privately Owned Publicly Accessible Open Space as described in Recommendation 9a above, the Owner shall convey to the City, for nominal consideration, on terms set out in the Section 37 Agreement, easement(s) in favour of the City in perpetuity, including support rights as applicable, for public use of the Privately Owner Publicly Accessible Open Space, all to the satisfaction of the Chief Planner and Executive Directory, City Planning and the City Solicitor; 10. the Development Charge Credits referred to in Recommendations 6, 7 and 8 above; 11. the design and construction of any Above Base Park Improvements to the new parks by the owner in exchange for the Development Charge Credit against the Parks and Recreation component of the Development Charges; 12. prior to issuance of Notice of Approval Conditions for the first residential development of the lands the Owner shall produce Urban Design Guidelines to the satisfaction of the Chief Planner and Executive Director, City Planning Division that will ensure a high quality public realm, address the incremental development of each phase and foster design excellence including innovative architecture and landscape design; 13. prior to the issuance of the first building permit for a residential use any part of the site, including permits for excavation and shoring, the owner shall enter into a municipal capital facility agreement with the City ("Contribution Agreement"), for the Affordable Housing Units that are approved for Open Door incentives, on terms satisfactory to the Executive Director, Housing Secretariat and in a form satisfactory to the City Solicitor. The owner shall provide such Affordable Housing Units in accordance with such agreement(s); 14. the owner will construct and maintain the development of the site in accordance with Tier 1, Toronto Green Standard, and 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; and 15. the owner shall include warning clauses and signage of the Toronto Catholic District School Board and the Toronto District School Board in the conditions of site plan approval and subsequently within any agreements of purchase and sale or tenant lease agreements for the proposed units, to the satisfaction of the Chief Planner and Executive Director, City Planning. 11. City Council authorize the Executive Director, Housing Secretariat, to negotiate and execute a municipal capital facility agreement (Contribution Agreement) with the owner for the provision of Open Door Incentives, for 272 affordable rental dwelling units at 3850 and 3900 Sheppard Avenue East and 2350 to 2362 Kennedy Road to secure rents at or below 100 percent of the average rent by bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report, for a minimum period of 40 years, together with any security, financing or other documents required, as well as any amendments thereto required from time to time, on terms and conditions acceptable to the Executive Director, Housing Secretariat, in a form satisfactory to the City Solicitor. 12. City Council approve the provision of financial incentives pursuant to the City's Open Door Affordable Housing Program in relation to the Affordable Housing Units as follows: a. City Council exempt the 272 affordable rental dwelling units at 3850 and 3900 Sheppard Avenue East and 2350 to 2362 Kennedy Road from taxation for municipal and school purposes for the 40-year term of the municipal capital facility agreement; and b. City Council exempt the 272 new affordable rental dwelling units at 3850 and 3900 Sheppard Avenue East and 2350 to 2362 Kennedy Road from the payment of development charges, planning application fees, park dedication payments and building permits fees under existing City policy and with the exception of fees already paid. 13. City Council authorize the City Solicitor to execute, postpone, confirm the status of and discharge any City security documents registered with respect to the delivery of the affordable rental housing dwelling units as required by normal business practices. 14. City Council authorize City staff to cancel or refund any taxes paid pursuant to the by-law exempting the property from taxation if authority is given for an exemption from taxation as set out in Recommendation 12 above. 15. City Council require the Owner to enter into a financially secured Subdivision Agreement to secure the construction of any necessary improvements to the municipal infrastructure arising from the review of the material referenced in Recommendation 6a. above to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and General Manager, Toronto Water.

  Staff recommendation as filed

  The City Planning Division and Housing Secretariat recommends that: 1. City Council amend City of Toronto Zoning By-law No. 569-2013 for the lands at 3850 and 3900 Sheppard Avenue East and 2350 to 2362 Kennedy Road substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment 5 to the report dated November 4, 2021 from the Director, Community Planning, Scarborough District and the Director, Housing Policy and Strategy, Housing Secretariat. 2. City Council authorizes 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 on-site parkland dedication (the "Parkland") pursuant to Section 42 of the Planning Act, by the owner having a total area of not less than 14,580 square metres, generally as shown as Blocks 8, 9 and 10 in the Draft Plan of Subdivision found in Attachment 17 to the report dated November 4, 2021 from the Director, Community Planning, Scarborough District and the Director, Housing Policy and Strategy, Housing Secretariat., with the exact size, location and configuration of the Parkland to be to the satisfaction of the General Manager, Parks, Forestry and Recreation, and such Parkland to be transferred to the City, free and clear, above and below-grade, of all easements, encumbrances and encroachments, in an acceptable environmental condition, and in a phased manner in accordance with Recommendation 4 of this report and pursuant to the registration of a phased plan of subdivision as set out in Recommendation 10 of this report. 4. The Parkland shall be conveyed to the City in phases, and shall be improved with Above Base Park Improvements, generally as follows: a. Sheppard Park (2,480 square metres) generally as shown as Block 8 in Attachment 17 shall to be conveyed in Phase 1 prior to the issuance of above grade building permit for any uses on the lands; b. Central Park (12,100 square metres) is to be conveyed in 2 park blocks generally as shown as Blocks 9 and 10 in Attachment 17 to the report dated November 4, 2021 from the Director, Community Planning, Scarborough District and the Director, Housing Policy and Strategy, Housing Secretariat.; c. Block 9 shall be conveyed prior to the issuance of any above grade building permits for residential uses on Blocks 1 or 2 generally as shown on Attachment 17; and d. Block 10 will be conveyed prior to the issuance of any above grade building permit for residential uses on Block 3 in Phase 4. 5. The Owner shall design and construct Base and Above Base Park Improvements on each of the Blocks comprising the Parkland. Prior to the issuance of any above-grade building permit for any part of the Development, the owner shall submit a design and cost estimate for the Above Base Park Improvements, 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. 6. 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 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. 7. City Council approve a development charge credit against the Child Care component of the Development Charges for the design and construction by the owner of the Child Care Centre (as defined in Recommendation 10), to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Children's Services. The development charge credit shall be in an amount that is the lesser of (1) the cost to the owner of designing and constructing the Child Care Centre minus $3,666,719.00, and (2) the Child Care component of the Development Charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time 8. City Council approve a development charge credit against the Parks and Recreation component of Development Charges for the design and construction by the owner of the Community Agency Space (as defined in Recommendation 10), to the satisfaction of the Chief Planner and Executive Director, City Planning. The development charge credit shall be in amount that is the lesser of (1) the cost to the owner of designing and constructing the Community Space minus $1,000,000.00, and (2) 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. 9. Prior to introducing the necessary bills to City Council for enactment the owner shall, at its sole cost and expense,: a. submit a revised Functional Servicing and Stormwater Management Report, Hydrogeological Report and supporting documents (the "Engineering Reports"), including confirmation of water and fire flow, sanitary and storm capacity, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services in consultation with the General Manager, Toronto Water; b. address all outstanding engineering issues, and any other comments that may arise further to the review of materials submitted as part of the process to address the issues set out in the memorandum from Engineering and Construction Services, and the General Manager, Transportation Services. 10. Prior to 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 secure the following facilities or matters, which shall also be secured in the Zoning By-law Amendment, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor: a. the community benefits recommended to be secured in the Section 37 Agreement are as follows: 1. the design, construction, finishing, maintenance and provision of at least 272 affordable rental housing dwelling units comprised of at least 16,864 square metres of residential Gross Floor Area on the lands at 3850 and 3900 Sheppard Avenue East and 2350 to 2362 Kennedy Road (the "Affordable Housing Units"), provided that the Affordable Housing Units approved for the City of Toronto's Open Door Affordable Housing Program incentives all to the satisfaction of the Chief Planner and Executive Director, City Planning Division, and the Executive Director, Housing Secretariat, in accordance with the following terms: aa. at least thirty (30) of the Affordable Housing Units shall be a three-bedroom or four-bedroom rental unit with a minimum unit size of 84 square metres and an average size of 92 square metres; bb. at least eighty-six (86) of the affordable rental dwelling units shall be two-bedroom rental units with a minimum unit size of 60 square metres and an average size of 67 square metres; cc. at least one hundred fifty-six (156) of the Affordable Housing Units shall be one-bedroom rental units with a minimum unit size of 48 square metres and an average size of 55 square metres; dd. the Affordable Housing Units shall be phased such that 114 of the Affordable Housing Units shall be provided on Block 5 and Block 6 as part of Phase 1, 101 of the Affordable Housing Units shall be provided on Blocks 1, 2 and 3 as part of Phase 2 of the development and any remaining Affordable Housing Units shall be provided on Block 4 as part of Phase 3 of the development; ee. the location and layouts of the Affordable Housing Units shall be to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat; ff. The owner shall provide and maintain the Affordable Housing Units as secured rental housing for a minimum period of 40 years beginning from the date that each such unit is first occupied (the "Affordability Period"). During the Affordability Period, no Affordable Housing Unit shall be registered as a condominium or any other form of ownership housing that provides a right to exclusive possession of a dwelling unit, including life-lease or co-ownership, and no application shall be made to demolish any Affordable Housing Unit or to convert any Affordable Housing Unit to a non-residential rental purpose. Upon the expiration of the Affordability Period, the owner shall continue to provide and maintain the units as rental dwelling units, unless and until such time as the owner has applied for, and obtained, all approvals necessary to do otherwise; gg. The owner shall provide and maintain the Affordable Housing Units with Affordable Rents for the Affordability Period. The initial rent (inclusive of utilities) charged to the first tenants of any Affordable Housing Units shall not exceed 100% of the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report; hh. If an Affordable Housing Unit becomes vacant and is re-rented to a new tenant during the Affordability Period, the initial rent (inclusive of utilities) charged to the new tenant shall not exceed 100 percent of the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report; ii. After the first year of occupancy of any Affordable Housing Units, the rent (inclusive of utilities) charged to the first tenants or new tenants occupying such unit may be escalated annually by not more than the annual provincial rent guideline, regardless of whether such guideline is applicable to the units under the Residential Tenancies Act or any successor legislation governing residential tenancies in Ontario, until the tenancy ends; jj. Notwithstanding the annual rent increases permitted in ii. above, the rent (inclusive of utilities) charged to any first tenants or new tenants occupying an Affordable Housing Unit shall not be increased to an amount that exceeds 100 percent of the average rent for the same unit type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report; kk. At least six months in advance of any new Affordable Housing Units being made available for rent to the general public, the owner shall develop and implement a Tenant Access Plan to ensure units are rented to eligible households in consultation with, and to the satisfaction of, the Executive Director, Housing Secretariat. ll. The new Affordable Housing Units shall be made ready and available for occupancy no later than the date by which seventy percent (70 percent) of the new dwelling units erected on each phase as described in d. above are available and ready for occupancy, or to the satisfaction of, the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat. mm. The owner shall provide all tenants of the Affordable Housing Units with access to, and use of, all indoor and outdoor amenities in the development at no extra charge. nn. Access to, and use of, these amenities shall be provided on the same terms and conditions as any other resident of the building in which the Affordable Housing Units are located, without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings. oo. The owner shall provide all tenants of the Affordable Housing Units with laundry facilities on the same basis as other units within building in which the Affordable Housing Units are located at no extra charge. pp. The owner shall provide all tenants of the Affordable Housing Units with access to permanent and visitor bicycle parking/bicycle lockers on the same terms and conditions as any other resident of the building in which the Affordable Housing Units are located, and in accordance with the Zoning By-law. 2. the design, construction, finishing and equipping of a non-profit licensed child care facility to be located in the second floor of the building on Block 2, to the satisfaction of the Chief Planner and Executive Director, City Planning, and the General Manager, Children's Services, to accommodate at a minimum 62 children, including infants, toddlers and preschoolers, comprising a minimum of 1,060 square metres of interior space and approximately 347 square metres of exterior space adjacent to the interior space including outdoor storage and four (4) parking spaces reserved for the exclusive use of the child care facility for pick-up/drop-off operations, (the "Child Care Centre"), including: aa. the conveyance of the Child Care Centre at no cost to the City, in fee simple, prior to first occupancy of the Building on Block 2; bb. on, or prior to the conveyance of the Child Care Centre, the City and the owner shall enter into and register on title to, the appropriate lands, an Easement and Cost Sharing Agreement for nominal consideration and at no cost to the City, that is in a form satisfactory to the City Solicitor; the Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement and reconstruction of certain shared facilities, and the sharing of costs in respect thereof, or portions of the subject lands to be owned by the City and the owner as they pertain to the Child Care Centre; cc. a letter of credit in an amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and handover of the Child Care Centre complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the General Manager, Children's Services and the Chief Financial Officer and Treasurer, will be provided to the City prior to the issuance of the first above grade building permit for the building on Block 2, to secure the Child Care Centre; dd. a one-time cash contribution in the amount of $150,000.00 to be used toward start-up costs to be paid prior to the issuance of the first above grade building permit for the building on Block 2; ee. a one-time cash contribution in the amount of $150,000.00 to the Child Care Capital Reserve Fund, to replace appliances and large equipment due to wear and tear, to be paid prior to the issuance of the first above grade building permit for the building on Block 2; ff. all cash contributions shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto calculated from the date of the Section 37 Agreement to the date of payment gg. four (4) dedicated parking spaces will be provided free-of-charge for the exclusive use of the child care facility for pick-up/drop-off operations. These spaces to be assigned accordingly, and be located in close proximity to the elevators providing the shortest route between the underground parking garage and the Child Care Centre, which shall be barrier-free. A parking pass will be provided for officials conducting inspections of the child care facility; hh. any other details related to the Child Care Centre such as timing, location, obligations and any matters necessary to implement the Child Care Centre, which have not been addressed in the Recommendations of this report will be finalized between the owner and the City and will be substantially in accordance with the City of Toronto's Child Care Development Guidelines (2021) and to the satisfaction of the Executive Director, Corporate and Real Estate Management, the General Manager, Children's Services, and the Chief Planner and Executive Director, City Planning, in consultation with the City Solicitor. 3. Prior to the earlier of condominium registration and the first residential use of any residential building for Block 2, the owner shall substantially complete construction of 1,090 square metres of Community Agency Space to be located on the ground floor of the building on Block 2 (the "Community Agency Space"), which is to be provided to the City at no cost for public use and subject to the following: aa. the Community Agency Space shall be delivered to the City in accordance with the City's Community Space Tenancy Policy and finished to Base Building Condition, with the terms and specifications to be secured in the Section 37 Agreement, all satisfactory to the Executive Director, Social Development, Finance and Administration, the Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning and the City Solicitor, in consultation with the Ward Councillor; bb. prior to the issuance of the first above grade building permit, the owner shall provide a letter of credit in the amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and conveyance of the Community Agency Space complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning and the City Solicitor; and cc. on, or prior to the conveyance of the Community Agency Space, the City and the owner shall enter into and register on title to, the appropriate lands, an Easement and Cost Sharing Agreement for nominal consideration and at no cost to the City, that is in a form satisfactory to the City Solicitor; the Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement and reconstruction of certain shared facilities, and the sharing of costs in respect thereof, or portions of the subject lands to be owned by the City and the owner as they pertain to the Community Agency Space 4. the preparation of a public art plan, in accordance with City Planning's Percent for Public Art process, and with approval from City Council, including that: aa. prior to the issuance of the first above-grade building permit for Block 7, the owner shall submit a public art plan, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, detailing the design and construction of an on-site public art installation with a minimum value of $250,000.00, with such value upwardly indexed in accordance with the Non-Residential Construction Price Index for the Toronto, calculated from the date of the Section 37 Agreement to the date of delivery of the financial security required by this Recommendation; bb. prior to the issuance of the first above grade building permit for Block 7, the owner shall provide a letter of credit in the amount sufficient to guarantee 120 percent of the estimated indexed cost of the design and construction of the public art to be installed in accordance with the public art plan. b. The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support the development: 1. prior to the earlier of the issuance of the first above grade building permit for Block 6 and Block 7, the owner shall provide to the city the municipal services necessary for Phase 1, and convey to the City the Park Block 8, all associated with the first phase registration of the plan of subdivision pursuant to the approval of application 19 236443 ESC 22 SB; 2. prior to the earlier of the issuance of the first above grade building permit for Block 1, Block 2 and Block 4, the owner shall provide to the city the municipal services necessary for Phase 2, and convey to the City the Park Block 9, all associated with the second phase registration of the plan of subdivision pursuant to the approval of application 19 236443 ESC 22 SB; 3. prior to the earlier of the issuance of the first above grade building permit for Block 3 the owner shall provide to the city the municipal services necessary for Phase 3, and convey to the City the Park Block 10, all associated with the third phase registration of the plan of subdivision pursuant to the approval of application 19 236443 ESC 22 SB; 4. the owner shall develop the site in accordance with the following sequence: aa. Phase 1 as described in the Phasing Plan shall be the first phase; bb. Phase 2 as described in the Phasing Plan shall be the second phase; cc. Phase 3 as described in the Phasing Plan shall be the third phase, dd. But in any event, construction of a subsequent phase shall not commence prior to the owner having satisfied the requirements of Recommendation 10(b)1. Through 10(b)3, inclusive 5. the construction and maintenance, at the owner's expense, an area of not less than 2,348 square metres across the north side of Blocks 1 and 7, connecting Public Street "D" with Public Street "F," for use by the general public as Privately Owner Publicly Accessible Open Space (POPS) with the specific location, configuration, and design to be determined and secured in the context of Site Plan Approval to the satisfaction of the Chief Planner and Executive Director, City Planning; 6. the construction and maintenance, at the owner's expense, an area of not less than 665 square metres at the south end of Block 7 near the intersection of Public Street "A" and Public Street "B," for use by the general public as Privately Owner Publicly Accessible Open Space (POPS) with the specific location, configuration, and design to be determined and secured in the context of Site Plan Approval to the satisfaction of the Chief Planner and Executive Director, City Planning; 7. the construction and maintenance, at the owner's expense, an area of not less than 385 square metres at the southeast corner of Block 5 near the intersection of Kennedy Road and Sheppard Avenue East for use by the general public as Privately Owner Publicly Accessible Open Space (POPS) with the specific location, configuration, and design to be determined and secured in the context of Site Plan Approval to the satisfaction of the Chief Planner and Executive Director, City Planning; 8. the construction and maintenance, at the owner's expense, an area of not less than 2,366 square metres on the lands along the west side of Public Street "C," for use by the general public as Privately Owner Publicly Accessible Open Space (POPS) with the specific location, configuration, and design to be determined and secured in the context of Site Plan Approval for Block 3 to the satisfaction of the Chief Planner and Executive Director, City Planning; 9. as a pre-approval condition to Site Plan Approval for any block on the development site which includes a POPS as described in Recommendation 9a., the Owner shall convey to the City, for nominal consideration, on terms set out in the Section 37 Agreement, easement(s) in favour of the City in perpetuity, including support rights as applicable, for public use of the POPS, all to the satisfaction of the Chief Planner and Executive Directory, City Planning and the City Solicitor; 10. the Development Charge Credits referred to in Recommendations 6, 7 and 8; 11. the design and construction the above base park improvements to the new park by the owner in exchange for Development Charge Credit against Parks and Recreation component of the Development Charges; 12. prior to issuance of Notice of Approval Conditions for the first residential development of the lands the Owner shall produce Urban Design Guidelines to the satisfaction of the Chief Planner and Executive Director, City Planning Division that will ensure a high quality public realm, allow for the incremental development of each phase and foster design excellence including innovative architecture and landscape design; 13. prior to the issuance of the first building permit for any part of the site, including permits for excavation and shoring, the owner shall enter into a municipal capital facility agreement with the City ("Contribution Agreement"), for the Affordable Housing Units that are approved for Open Door incentives, on terms satisfactory to the Executive Director, Housing Secretariat and in a form satisfactory to the City Solicitor. The owner shall provide such Affordable Housing Units in accordance with such agreement(s); 14. the owner will construct and maintain the development of the site in accordance with Tier 1, Toronto Green Standard, and 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. 15. the owner shall include warning clauses and signage of the Toronto Catholic District School Board and the Toronto District School Board in the conditions of site plan approval and subsequently within any agreements of purchase and sale or tenant lease agreements for the proposed units, to the satisfaction of the Chief Planner and Executive Director, City Planning; 11. City Council authorize the Executive Director, Housing Secretariat, to negotiate and execute a municipal capital facility agreement (Contribution Agreement) with the owner for the provision of Open Door Incentives, for 272 affordable rental dwelling units at 3850 and 3900 Sheppard Avenue East and 2350 to 2362 Kennedy Road to secure rents at or below 100% of the average rent by bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report, for a minimum period of 40 years, together with any security, financing or other documents required, as well as any amendments thereto required from time to time, on terms and conditions acceptable to the Executive Director, Housing Secretariat, in a form satisfactory to the City Solicitor. 12. City Council approve the provision of financial incentives pursuant to the City's Open Door Affordable Housing Program in relation to the Affordable Housing Units as follows: a. City Council exempt the 272 affordable rental dwelling units at 3850 and 3900 Sheppard Avenue East and 2350 to 2362 Kennedy Road from taxation for municipal and school purposes for the 40-year term of the municipal capital facility agreement; b. City Council exempt the 272 new affordable rental dwelling units at 3850 and 3900 Sheppard Avenue East and 2350 to 2362 Kennedy Road from the payment of development charges, planning application fees, park dedication payments and building permits fees under existing City policy and with the exception of fees already paid. 13. City Council authorize the City Solicitor to execute, postpone, confirm the status of and discharge any City security documents registered with respect to the delivery of the affordable rental housing dwelling units as required by normal business practices. 14. City Council authorize City staff to cancel or refund any taxes paid pursuant to the by-law exempting the property from taxation if authority is given for an exemption from taxation as set out in Recommendation 12 to the report dated November 4, 2021 from the Director, Community Planning, Scarborough District and the Director, Housing Policy and Strategy, Housing Secretariat.above. 15. City Council require the Owner to enter into a financially secured Subdivision Agreement to secure the construction of any necessary improvements to the municipal infrastructure arising from the review of the material referenced in Recommendation 6a. above to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and General Manager, Toronto Water.

• SC28.3adopted

  Request for Directions Report - 1891 Eglinton Avenue East - Official Plan Amendment and Zoning By-law Amendment Applications

  The Official Plan Amendment application (Application No. 20 158264 ESC 20 OZ) proposes to amend the Official Plan to add a Site and Area-Specific Policy ("SASP"). The Zoning By-law Amendment application (Application No. 20 224755 ESC 20 OZ) proposes to amend the City of Scarborough Employment Districts Zoning By-law No. 24982 to permit the redevelopment of the northerly (2.9-hectare) portion of the lands at 1891 Eglinton Avenue East, which is designated Mixed Use Areas in the Official Plan. The southerly portion of the site designated General Employment Areas in the Official Plan is not included in these applications. See Attachment No. 2 - Official Plan Land Use Map (Pre-OPA 499), Attachment No. 3 - Official Plan Land Use Map (OPA 499) and Attachment No. 4 - Existing Zoning. The proposal consists of four development blocks, including one block for public parkland and three new public streets. Five buildings are proposed with heights that range from 10 to 48-storeys. The existing one-storey industrial building would be demolished to accommodate the proposal. The subject lands are located within the Golden Mile Secondary Plan area ("GMSP area") approved through Official Plan Amendment No. 499 ("OPA 499"), and are also subject to new Golden Mile Urban Design Guidelines, as adopted by City Council on October 30, 2020. The Official Plan Amendment application was submitted and deemed complete June 19, 2020. The Zoning By-law Amendment application was submitted and deemed complete December 3, 2020. Both applications have been appealed to the Ontario Land Tribunal ("OLT") citing City Council's failure to make a decision within the prescribed time frames set out in the Planning Act. The appeals were filed on April 14, 2021. The purpose of this report is to seek City Council's direction for the City Solicitor, together with appropriate City staff and/or external consultants, to attend the OLT hearing to oppose the subject applications. City staff have concerns with the proposed Official Plan and Zoning By-law Amendments and are of the opinion the proposed amendments, in their current form are not consistent with the Provincial Policy Statement (2020) ("PPS"), do not conform with the A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) ("Growth Plan (2020)"), and are not consistent with the general intent of and fail to conform with the Official Plan. Further the proposed amendments are not supportable, in their current form, in the context of OPA 499 and are not consistent with the general intent or conform to OPA 499. Reasons for City staff position are outlined in detail in this report.

  Scarborough Community Council recommends that: 1. City Council direct the City Solicitor, together with appropriate staff and/or external consultants as may be appropriate, to attend the Ontario Land Tribunal hearing to oppose the applicant's appeals respecting the Official Plan Amendment application (Application 20 158264 ESC 20 OZ) and Zoning By-law Amendment application (Application 20 224755 ESC 20 OZ) for the lands at 1891 Eglinton Avenue East, for the reasons contained in the report (November 3, 2021) from the Director, Community Planning, Scarborough District. 2. City Council authorize the City Solicitor and appropriate City staff to continue discussions with the applicant to resolve the outstanding issues detailed in the report dated November 3, 2021, from the Director, Community Planning, Scarborough District, and to support a revised proposal that is generally consistent with Official Plan Amendment 499 ("OPA 499") for the lands at 1891 Eglinton Avenue East, and report back to City Council on the outcome of discussions, if necessary. 3. City Council direct the City Solicitor to request the owner of the subject lands to address the preliminary issues related to infrastructure required to support the anticipated growth in the overall context of the Golden Mile Secondary Plan area, including streets, density, servicing, parks, and community service facilities which are to be assessed comprehensively, including coordination with other Golden Mile Secondary Plan area landowners. 4. City Council, in the event the Ontario Land Tribunal allows the subject appeal in whole or in part, direct the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of any Order on the Official Plan Amendment and Zoning By-law Amendment appeals for the subject lands until such time as the Ontario Land Tribunal has been advised by the City Solicitor that the proposed Official Plan Amendment and Zoning By-law Amendment are in a form and with content satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor.

  Staff recommendation as filed

  The City Planning Division recommends that: 1. City Council direct the City Solicitor, together with appropriate staff and/or external consultants as may be appropriate, to attend the Ontario Land Tribunal ("OLT") hearing to oppose the applicant's appeals respecting the Official Plan Amendment application (Application No. 20 158264 ESC 20 OZ) and Zoning By-law Amendment application (Application No. 20 224755 ESC 20 OZ) for the lands at 1891 Eglinton Avenue East, for the reasons contained in the report dated November 3, 2021, from the Director, Community Planning, Scarborough District. 2. City Council authorize the City Solicitor and appropriate City staff to continue discussions with the applicant to resolve the outstanding issues detailed in the report dated November 3, 2021, from the Director, Community Planning, Scarborough District, and to support a revised proposal that is generally consistent with Official Plan Amendment No. 499 ("OPA 499") for the lands at 1891 Eglinton Avenue East, and report back to City Council on the outcome of discussions, if necessary. 3. City Council direct the City Solicitor to request the owner of the subject lands to address the preliminary issues related to infrastructure required to support the anticipated growth in the overall context of the Golden Mile Secondary Plan area ("GMSP area"), including streets, density, servicing, parks, and community service facilities which are to be assessed comprehensively, including coordination with other GMSP area landowners. 4. In the event the Ontario Land Tribunal ("OLT") allows the subject appeal in whole or in part, that City Council direct the City Solicitor to request the OLT to withhold the issuance of any Order on the Official Plan Amendment and Zoning By-law Amendment appeals for the subject lands until such time as the OLT has been advised by the City Solicitor that the proposed Official Plan Amendment and Zoning By-law Amendment are in a form and with content satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor.

• SC28.4amended

  Preliminary Report - 180 and 260 Brimley Road - Official Plan Amendment, Zoning By-law Amendment, Lifting of a Holding Provision (H) and Draft Plan of Subdivision Applications

  This report provides information and identifies a preliminary set of issues regarding the application located at 180 and 260 Brimley Road. The application proposes Official Plan and Zoning By-law Amendments, as well as the removal of the Holding "H" symbol in the existing zoning to facilitate a proposed plan of subdivision for an area of 15.625 hectares. The subdivision proposes a number of new public streets and blocks to facilitate the construction of 384 townhouse units (100 standard units and 184 back-to-back units) along with new park blocks. Two blocks of land (Block 46 and 47) are being reserved for future development which has been conceptually illustrated as additional back-to-back stacked townhouse development. Staff are currently reviewing the application. It has been circulated to all appropriate agencies and City divisions for comment. Staff will proceed to schedule a community consultation meeting for the application with the Ward Councillor.

  Scarborough Community Council directed that: 1. Staff schedule a community consultation meeting for the application located at 180 and 260 Brimley Road together with the Ward Councillor. 2. Staff provide notice for the community consultation meeting to landowners and residents within the following areas surrounding the application site: - North to Danforth Road - East to Midland Avenue - West to Brimley Road - South to St Clair Avenue East and to additional residents, institutions and owners to be determined in consultation with the Ward Councillor, with any additional mailing costs to be borne by the applicant.

  Staff recommendation as filed

  The City Planning Division recommends that: 1. Staff schedule a community consultation meeting for the application located at 180 and 260 Brimley Road together with the Ward Councillor. 2. Staff provide notice for the community consultation meeting to landowners and residents within 120 metres of the application site, and to additional residents, institutions and owners to be determined in consultation with the Ward Councillor, with any additional mailing costs to be borne by the applicant.

• SC28.5adopted

  Preliminary Report - 2240 Birchmount Road - Official Plan Amendment and Zoning Amendment Applications

  This report provides information and identifies a preliminary set of issues regarding the application located at 2240 Birchmount Road. The applicant is proposing a 9-storey, 152 unit midrise residential apartment building. Commercial uses are contemplated on the ground floor. Staff are currently reviewing the application. It has been circulated to all appropriate agencies and City divisions for comment. Staff will proceed to schedule a community consultation meeting for the application with the Ward Councillor.

  Scarborough Community Council recommends that: 1. City Council direct staff to conduct an area (land use) study and evaluate this application in the context of other potential development sites and existing development on lands fronting the south side of Sheppard Avenue East and the west side of Birchmount Road as bounded by Amethyst Road to the west and Cass Avenue to the south. 2. City Council direct staff to determine, based on the area land use study undertaken in accordance with Recommendation 1 above, whether amending the Official Plan and/or zoning by-law with area specific measures is appropriate for all or part of this area.

  Staff recommendation as filed

  The City Planning Division recommends that: 1. Staff schedule a community consultation meeting for the application located at 2240 Birchmount Road together with the Ward Councillor. 2. Staff provide notice for the community consultation meeting be given to landowners and residents within 120 metres of the application site, and to additional residents, institutions and owners to be determined in consultation with the Ward Councillor, with any additional mailing costs to be borne by the applicant. 3. City Council direct staff to conduct an area (land use) study and evaluate this application in the context of other potential development sites and existing development on lands fronting the south side of Sheppard Avenue East and the west side of Birchmount Road as bounded by Amethyst Road to the west and Cass Avenue to the south. 4. City Council direct staff to determine, based on the area land use study undertaken in accordance with Recommendation 3, whether amending the Official Plan and/or zoning by-law with area specific measures is appropriate for all or part of this area.

• SC28.6adopted

  Designation of Fire Routes and amendment to Chapter 880 - Fire Routes - 1355 to 1367 Neilson Road

  To obtain Scarborough Community Council approval for the amendment of the Fire Route By-law, to designate certain locations as fire routes within the meaning of City of Toronto Municipal Code Chapter 880, as amended. Fire Services use designated fire routes as a key mechanism in regulating fire prevention, including the prevention of the spreading of fires and the delivery of fire protection services.

  Scarborough Community Council: 1. Designated part or those parts of the private road or roads shown on the site plan filed with the Fire Chief and General Manager - Emergency Management, in respect of the municipal addresses set out below, as fire routes pursuant to Municipal Code Chapter 880 - Fire Routes - 1355 to 1367 Neilson Road. 2. Authorized the Fire Chief and General Manager, Emergency Management and City Solicitor to take the appropriate action to make a designated Fire Route.

  Staff recommendation as filed

  The Fire Chief and General Manager - Emergency Management, recommends that Scarborough Community Council: 1. Designate that part or those parts of the private road or roads shown on the site plan filed with the Fire Chief and General Manager - Emergency Management, in respect of the municipal addresses set out below, as fire routes pursuant to Municipal Code Chapter 880 - Fire Routes - 1355 to 1367 Neilson Road. 2. Authorize the Fire Chief and General Manager, Emergency Management and City Solicitor to take the appropriate action to make a designated Fire Route.

• SC28.7adopted

  Designation of Fire Routes and amendment to Chapter 880 - Fire Routes - 785 to 799 Milner Avenue

  To obtain Scarborough Community Council approval for the amendment of the Fire Route By-law, to designate certain locations as fire routes within the meaning of City of Toronto Municipal Code Chapter 880, as amended. Fire Services use designated fire routes as a key mechanism in regulating fire prevention, including the prevention of the spreading of fires and the delivery of fire protection services.

  Scarborough Community Council: 1. Designated part or those parts of the private road or roads shown on the site plan filed with the Fire Chief and General Manager - Emergency Management, in respect of the municipal addresses set out below, as fire routes pursuant to Municipal Code Chapter 880 - Fire Routes - 785 to 799 Milner Avenue. 2. Authorized the Fire Chief and General Manager - Emergency Management and City Solicitor to take the appropriate action to make a designated Fire Route.

  Staff recommendation as filed

  The Fire Chief and General Manager - Emergency Management, recommends that Scarborough Community Council: 1. Designate that part or those parts of the private road or roads shown on the site plan filed with the Fire Chief and General Manager - Emergency Management, in respect of the municipal addresses set out below, as fire routes pursuant to Municipal Code Chapter 880 - Fire Routes - 785 to 799 Milner Avenue. 2. Authorize the Fire Chief and General Manager - Emergency Management and City Solicitor to take the appropriate action to make a designated Fire Route.

• SC28.8adopted

  Designation of Fire Routes and amendment to Chapter 880 - Fire Routes - 4100 Sheppard Avenue East

  To obtain Scarborough Community Council approval for the amendment of the Fire Route By-law, to designate certain locations as fire routes within the meaning of City of Toronto Municipal Code Chapter 880, as amended. Fire Services use designated fire routes as a key mechanism in regulating fire prevention, including the prevention of the spreading of fires and the delivery of fire protection services.

  Scarborough Community Council: 1. Designated part or those parts of the private road or roads shown on the site plan filed with the Fire Chief and General Manager - Emergency Management, in respect of the municipal addresses set out below, as fire routes pursuant to Municipal Code Chapter 880 - Fire Routes - 4100 Sheppard Avenue East. 2. Authorized the Fire Chief and General Manager - Emergency Management and City Solicitor to take the appropriate action to make a designated Fire Route.

  Staff recommendation as filed

  The Fire Chief and General Manager - Emergency Management, recommends that Scarborough Community Council: 1. Designate that part or those parts of the private road or roads shown on the site plan filed with the Fire Chief and General Manager - Emergency Management, in respect of the municipal addresses set out below, as fire routes pursuant to Municipal Code Chapter 880 - Fire Routes - 4100 Sheppard Avenue East. 2. Authorize the Fire Chief and General Manager - Emergency Management and City Solicitor to take the appropriate action to make a designated Fire Route.

• SC28.9amended

  Construction Staging Area - 3070 Ellesmere Road

  This staff report is about a matter that Community Council has delegated authority from City Council to make a final decision. Podium Developments is constructing a 26-storey residential rental building with ground level commercial space at 3070 Ellesmere Road. The site is located at the north-east corner of Ellesmere Road and Mornelle Court. Transportation Services is requesting approval to close the east sidewalk and a two metre-wide portion of the east side northbound curb lane on Mornelle Court, between Ellesmere Road and a point 102.7 metres to the north, for a period of 41 months (i.e. January 21, 2022 to June 1, 2025) to accommodate a construction staging area. Pedestrian operations on the east side of Mornelle Court will be maintained in a 1.7 metre-wide covered and protected walkway within the closed portion of the existing lane. The number of northbound lanes will not be reduced on Mornelle Court; however, stopping will be prohibited at all times due to the partial lane occupation.

  Scarborough Community Council: 1. Authorized the closure of the east sidewalk and a two metre wide portion of the east side northbound curb lane on Mornelle Court, between Ellesmere Road and a point 102.7 metres north, from January 21, 2022 to June 1, 2025. 2. Rescinded the existing standing prohibition in effect at all times on the east side of Mornelle Court, between Ellesmere Road and a point 102.7 metres north. 3. Prohibited stopping at all times on the east side of Mornelle Court, between Ellesmere Road and a point 102.7 metres north. 4. Directed the applicant to pressure wash the construction site and adjacent sidewalks and roadways daily, or more frequently as needed, to keep clear of any construction debris and made safe. 5. Directed the applicant to ensure that the existing sidewalks or the proposed pedestrian walkway have proper enhanced lighting to ensure safety and visibility at all times of the day and night. 6. Directed the applicant to clearly consult and communicate all construction, parking and road occupancy impacts with resident associations property management of all residential buildings located in Mornelle Court and community groups in advance of any physical road modifications, at the cost of the developer. 7. Directed the applicant to install appropriate signage and converging mirrors to ensure that pedestrians, cyclists and motorists safety is considered at all times. 8. Directed the applicant to provide a sufficient number of traffic control persons as determined by the Work Zone Coordinator and Toronto Police Construction Liaison Officer, on a daily basis to control construction vehicle access and egress to and from the site and maintain a safe environment for the public. 9. Directed the applicant to provide a sufficient number of pay-duty Police Officers as determined by the Work Zone Coordinator and Toronto Police Construction Liaison Officer, during large scale concrete pours and large scale material deliveries to control vehicle access and egress to and from the site and maintain a safe environment for the public. 10. Directed the applicant to install cane detection within the covered and protected walkway to guide pedestrians who are visually impaired. 11. Directed the applicant to post a 24-hour monitored construction hotline number on the hoarding board, which must be prominently placed and legible from 20 metres and on all elevations from the construction site. 12. Directed the applicant to provide and install public art, including mural artwork, onto every elevation of the hoarding board with adequate spotlighting for night-time illumination, at their sole cost, to the satisfaction of the Ward Councillor. 13. Directed that Mornelle Court be returned to its pre-construction traffic and parking regulations when the project is complete.

  Staff recommendation as filed

  The Acting Director, Traffic Management, Transportation Services, recommends that: 1. Scarborough Community Council authorize the closure of the east sidewalk and a two metre wide portion of the east side northbound curb lane on Mornelle Court, between Ellesmere Road and a point 102.7 metres north, from January 21, 2022 to June 1, 2025. 2. Scarborough Community Council rescind the existing standing prohibition in effect at all times on the east side of Mornelle Court, between Ellesmere Road and a point 102.7 metres north. 3. Scarborough Community Council prohibit stopping at all times on the east side of Mornelle Court, between Ellesmere Road and a point 102.7 metres north. 4. Scarborough Community Council direct the applicant to pressure wash the construction site and adjacent sidewalks and roadways daily, or more frequently as needed, to keep clear of any construction debris and made safe. 5. Scarborough Community Council direct the applicant to ensure that the existing sidewalks or the proposed pedestrian walkway have proper enhanced lighting to ensure safety and visibility at all times of the day and night. 6. Scarborough Community Council direct the applicant to clearly consult and communicate all construction, parking and road occupancy impacts with local business improvement areas and resident associations in advance of any physical road modifications. 7. Scarborough Community Council direct the applicant to install appropriate signage and converging mirrors to ensure that pedestrians, cyclists and motorists safety is considered at all times. 8. Scarborough Community Council direct the applicant to provide a sufficient number of traffic control persons as determined by the Work Zone Coordinator and Toronto Police Construction Liaison Officer, on a daily basis to control construction vehicle access and egress to and from the site and maintain a safe environment for the public. 9. Scarborough Community Council direct the applicant to provide a sufficient number of pay-duty Police Officers as determined by the Work Zone Coordinator and Toronto Police Construction Liaison Officer, during large scale concrete pours and large scale material deliveries to control vehicle access and egress to and from the site and maintain a safe environment for the public. 10. Scarborough Community Council direct the applicant to install cane detection within the covered and protected walkway to guide pedestrians who are visually impaired. 11. Scarborough Community Council direct the applicant to post a 24-hour monitored construction hotline number on the hoarding board, which must be prominently placed and legible from 20 metres and on all elevations from the construction site. 12. Scarborough Community Council direct the applicant to provide and install public art, including mural artwork, onto every elevation of the hoarding board with adequate spotlighting for night-time illumination, at their sole cost, to the satisfaction of the Ward Councillor. 13. Scarborough Community Council direct that Mornelle Court be returned to its pre-construction traffic and parking regulations when the project is complete.

• SC28.10adopted

  Compulsory Stop Control - Cranston Manor Court and Senator Boulevard

  This staff report is about a matter that Community Council has delegated authority from City Council to make a final decision. Transportation Services recommends stop control for the minor street at the uncontrolled three-way intersection of Cranston Manor Court and Senator Boulevard in order to clearly define the right-of-way and to regulate traffic flow.

  Scarborough Community Council: 1. Authorized compulsory stop control for northbound traffic on Cranston Manor Court at Senator Boulevard.

  Staff recommendation as filed

  The Acting Director, Traffic Management, Transportation Services recommends that Scarborough Community Council: 1. Authorize compulsory stop control for northbound traffic on Cranston Manor Court at Senator Boulevard.

• SC28.11deferred

  Pay-and-Display Parking - Kingston Road

  As the Toronto Transit Commission (TTC) operates a transit service on Kingston Road, City Council approval of this report is required. Transportation Services and the Toronto Parking Authority (TPA) are requesting approval for the installation of on-street paid parking on Kingston Road in Ward 20. The TPA has worked with Transportation Services to identify new pay-and-display parking spaces in Ward 20 that will compliment the operation of municipal Car Park 701 and support the local community and area businesses by encouraging a regular turnover in the on-street parking supply. Through this review, Transportation Services is recommending the introduction of pay-and-display parking on both sides of Kingston Road, between Victoria Park Avenue and Fallingbrook Road. The proposed parking changes on Kingston Road will replace the existing unpaid, anytime parking that is currently in effect. The proposed changes will not impact the flow of traffic and will encourage parking turnover. While this report seeks Community Council approval for the installation in Ward 20, this is an ongoing initiative, and Transportation Services and TPA will continue to review and report on potential new on-street paid parking opportunities throughout the City of Toronto.

  Scarborough Community Council deferred consideration of the Item until the January 10, 2022 meeting of Scarborough Community Council.

  Staff recommendation as filed

  The Acting Director, Traffic Management, Transportation Services recommends that: 1. City Council authorize the amendments to parking regulations required to establish new on-street paid parking locations, as set out in Attachments 2 and 3, to the report dated September 23, 2021 from the Acting Director, Traffic Management, Transportation Services.

• SC28.12adopted

  Introduction of Overnight On-Street Permit Parking - Jolly Way

  This staff report is about a matter that Community Council has delegated authority from City Council to make a final decision. Transportation Services is recommending that overnight on-street permit parking be introduced on Jolly Way, south of Ellesmere Road, from 12:01 a.m. to 7:00 a.m., as part of newly created Permit Parking Area 22A. Residents requested the implementation of overnight on-street permit parking on Jolly Way to accommodate their long-term parking needs.

  Scarborough Community Council: 1. Authorized parking by permit only on an area basis, within permit parking area 22A, from 12:01 a.m. to 7:00 a.m. daily on the odd side of Jolly Way, south of Ellesmere Road. 2. Authorized no parking at all times on the even side of Jolly Way (west branch), south of Ellesmere Road (west intersection) and Jolly Way (south branch). 3. Authorized no parking at all times on the even side of Jolly Way (south branch), between Jolly Way (west branch) and Jolly Way (east branch). 4. Authorized no parking at all times on the even side of Jolly Way (east branch), south of Ellesmere Road (east intersection) and Jolly Way (south branch).

  Staff recommendation as filed

  The Director, Permits and Enforcement, Transportation Services recommends that Scarborough Community Council: 1. Authorize parking by permit only on an area basis, within permit parking area 22A, from 12:01 a.m. to 7:00 a.m. daily on the odd side of Jolly Way, south of Ellesmere Road. 2. Authorize no parking at all times on the even side of Jolly Way (west branch), south of Ellesmere Road (west intersection) and Jolly Way (south branch). 3. Authorize no parking at all times on the even side of Jolly Way (south branch), between Jolly Way (west branch) and Jolly Way (east branch). 4. Authorize no parking at all times on the even side of Jolly Way (east branch), south of Ellesmere Road (east intersection) and Jolly Way (south branch).

• SC28.13adopted

  Pharmacy Avenue - Speed Limit Reduction

  This staff report is about a matter for which Community Council has delegated authority to make a final decision, provided that it is not amended so that it varies with City policy or by-laws. The purpose of this report is to recommend speed limit reductions from 50 km/h to 40 km/h on two segments of Pharmacy Avenue as part of the Vision Zero Road Safety Plan Speed Management Strategy.

  Scarborough Community Council: 1. Reduced the speed limit from 50 kilometres per hour to 40 kilometres per hour on Pharmacy Avenue between Sheppard Avenue East and a point approximately 40 metres south of Wishing Well Drive (south intersection). 2. Reduced the speed limit from 50 kilometres per hour to 40 kilometres per hour on Pharmacy Avenue between Alrita Crescent and a point approximately 50 metres north of Shandon Drive.

  Staff recommendation as filed

  The Director Project Design & Management, Transportation Services, recommends that Scarborough Community Council: 1. Reduce the speed limit from 50 km/h to 40 km/h on Pharmacy Avenue between Sheppard Avenue East and a point approximately 40 metres south of Wishing Well Drive (south intersection). 2. Reduce the speed limit from 50 km/h to 40 km/h on Pharmacy Avenue between Alrita Crescent and a point approximately 50 metres north of Shandon Drive.

• SC28.14amended

  Application for Fence Exemption - 3 Ingrid Drive

  This staff report concerns a matter for which the Scarborough Community Council has delegated authority from City Council to make a final decision. The purpose of this report is to consider an application by the owner(s) of 3 Ingrid Drive for a site-specific Fence Exemption, pursuant to Section 447-1.2. of the Toronto Municipal Code, Chapter 447- Fences. The existing front yard fence does not comply with restrictions contrary to Section 447-1.2. The subject property 3 Ingrid Drive is located in Ward 24, in a residential zone property

  Scarborough Community Council: 1. Granted the application by the owner(s) of 3 Ingrid Drive for an existing wood fence in the front yard measuring 2.1 meters (7.0 feet) in height. Directed and required that the installation be maintained in good repair without alteration. Directed and required that at such time as replacement of the fence is required that such installation will comply with Municipal Code Chapter 447, Fences or its successor by-law.

  Staff recommendation as filed

  Municipal Licensing and Standards recommends that the Scarborough Community Council: 1. Refuse to grant the application for an exemption permit, by the owner(s) of 3 Ingrid Drive for an existing wood fence in the front yard measuring 2.1 meters (7.0 feet) in height, for failing to comply with the provisions of Toronto Municipal Code, Chapter 447, Fences. OR 2. Grant the application by the owner(s) of 3 Ingrid Drive for an existing wood fence in the front yard measuring 2.1 meters (7.0 feet) in height. Direct and require that the installation be maintained in good repair without alteration. Direct and require that at such time as replacement of the fence is required that such installation will comply with Municipal Code Chapter 447, Fences or its successor by-law.

• SC28.15amended

  Application for Fence Exemption - 715 Milner Avenue

  This staff report concerns a matter for which the Scarborough Community Council has delegated authority from City Council to make a final decision. The purpose of this report is consider an application by the owner(s) Toronto Hydro-Electric System LTD of 715 Milner Avenue for a site-specific Fence Exemption, pursuant to Section 447-1.2. of Toronto Municipal Code, Chapter 447- Fences. The proposed fence does not meet the height requirements specified in City of Toronto Municipal Code, Chapter 447, Fences. The subject property 715 Milner Avenue is located in Ward 25, in an Employment District zone.

  Scarborough Community Council: 1. Granted the application by the owner(s) of 715 Milner Avenue, for a proposed chain link fence with barbed wire in the front yard measuring 2.75 meters (9.0 feet) in height. Directed and required that the installation be maintained in good repair without alteration. Directed and required that at such time as replacement of the fence is required that such installation will comply with Municipal Code Chapter 447, or its successor by-law.

  Staff recommendation as filed

  Municipal Licensing and Standards recommends that the Scarborough Community Council: 1. Refuse to grant the application for an exemption permit, by the owner(s) of 715 Milner Avenue, for proposed chain link fence with barbed wire in the front yard measuring 2.75 meters (9.0 feet) in height, for failing to comply with the provisions of Toronto Municipal Code, Chapter 447, Fences. OR 2. Grant the application by the owner(s) of 715 Milner Avenue, for a proposed chain link fence with barbed wire in the front yard measuring 2.75 meters (9.0 feet) in height. Direct and require that the installation be maintained in good repair without alteration. Direct and require that at such time as replacement of the fence is required that such installation will comply with Municipal Code Chapter 447, or its successor by-law.

• SC28.16received

  Presentation: The Scarborough Opportunity: A Comprehensive Walking and Cycling Network

  As requested by the Chair, Scarborough Community Council at the October 15, 2021 meeting, Professor André Sorensen from the University of Toronto, Scarborough is invited to give a 20 minute presentation to Scarborough Community Council. On October 12, 2021, researchers from the University of Toronto Scarborough released their report "The Scarborough Opportunity: A Comprehensive Walking and Cycling Network" by Professor André Sorensen, Isaac Bortolussi, Ivan Chong, Jamila Gowie, Nadhiena Shankar and Kelly Anne Vigayan. The report is the product of a faculty-student collaboration in City Studies, sponsored by the Suburban Mobilities Research Cluster. The researchers' present recommendations that could help the City of Toronto development an active transportation network in Scarborough and "achieve its policy goals for sustainability, inclusion, and safer, more vibrant streets.

  Scarborough Community Council received the Item for information.

  Staff recommendation as filed

  Councillor McKelvie recommends that Scarborough Community Council: 1. Receive this presentation for information.

• SC28.17adopted

  Traffic Calming - Pitfield Road

  Pitfield Road. between Brimley Road. and McCowan Rad. has become an alternative route for many drivers as it parallels Sheppard Ave. East. Traffic has increased and speeds are dangerous. Many residents have expressed concern over their safety and requested that traffic calming measures be implemented. Transportation Services undertook research which said that Pitfield Road. between Brimley Road. and McCowan Road. would qualify for traffic measures including speed humps and a reduction in the posted speed. I undertook a survey where a majority of residents supported implementing speed humps and reduced speed. The Clerk's Department than undertook a formal poll as required. One hundred households returned their ballot and two thirds were in support of the traffic calming measures. The number of returned ballots was shy of the overall requirement. Nevertheless, given the strong participation rate of 100 households, and the support for proceeding, I recommend adopting the following proposed measures.

  Scarborough Community Council: 1. Authorized the installation of traffic calming (speed humps) on Pitfield Road., between Brimley Road. and McCowan Road., despite poll results that did not satisfy polling criteria for the installation of speed humps pursuant to the City's Traffic Calming Policy. 2. Directed the City Solicitor to prepare a by-law to alter the roadway to install five speed humps on Pitfield Road, between Brimley Road and McCowan Road, generally as shown on the copies of Drawing 421G-3866, 421G-3867, 421G-3868 and 421G-3869, dated May 2021, as Attachment 2 to the report (June 4, 2021) entitled "Traffic Calming - Pitfield Road" from the Acting Director, Traffic Management, Transportation Services . 3. Reduced the speed limit from 40 km/h to 30 km/h on Pitfield Road., between Brimley Road. and McCowan Road., in conjunction with the installation of speed humps.

  Staff recommendation as filed

  Councillor Lai recommends that Scarborough Community Council: 1. Authorize the installation of traffic calming (speed humps) on Pitfield Road., between Brimley Road. and McCowan Road., despite poll results that did not satisfy polling criteria for the installation of speed humps pursuant to the City's Traffic Calming Policy. 2. Direct the City Solicitor to prepare a by-law to alter the roadway to install five speed humps on Pitfield Road, between Brimley Road and McCowan Road, generally as shown on the copies of Drawing 421G-3866, 421G-3867, 421G-3868 and 421G-3869, dated May 2021, as Attachment 2 to the report (June 4, 2021) entitled "Traffic Calming - Pitfield Road" from the Acting Director, Traffic Management, Transportation Services . 3. Reduce the speed limit from 40 km/h to 30 km/h on Pitfield Road., between Brimley Road. and McCowan Road., in conjunction with the installation of speed humps.

• SC28.18adopted

  Parking Amendments - Glasgow Avenue

  Glasgow Avenue is a residential street that runs between Raleigh Ave. and Kilmarnock Ave. There is an auto collision body repair business on the corner of Raleigh and Glasgow. Over the years, the residents have been repeatedly inconvenienced with the business's disregard for the current no parking bylaw directly in front, as well as its practise of blocking residents' driveways, towing and leaving unlicensed cars parked illegally on the street, and generally blocking traffic, day and night. Direct communication with the business has not helped. Parking Enforcement has responded to countless complaints and ticketed accordingly, but the situation remains the same. Both Parking Enforcement and Transportation Services suggest that implementation of a Parking By-law amendment will be helpful.

  Scarborough Community Council: 1. Prohibited standing at all times on both sides of Glasgow Avenue between Raleigh Avenue and a point 52 metres further west.

  Staff recommendation as filed

  Councillor Crawford recommends that Scarborough Community Council: 1. Prohibit standing at all times on both sides of Glasgow Avenue between Raleigh Avenue and a point 52 metres further west.

• SC28.19adopted

  Re-opening of Item SC24.18 - Improving safety on Rouge Hills Drive

  The Scarborough Community Council, at its meeting on May 18, 2021, regarding Item SC24.18, adopted parking prohibitions in response to resident traffic safety concerns about Rouge Hills Drive. It has been discovered that there was a minor technical error in the recommendations and require correction.

  Scarborough Community Council: 1. Re-opened Item SC24.18, entitled "Improving safety on Rouge Hills Drive" by deleting Recommendation 1 and replacing it with the following new Recommendations: 1. Rescinded the existing parking prohibition in effect at all times on the east and north side of Rouge Hills Drive between Lawrence Avenue East and East Avenue. 2. Prohibited parking to be in effect at all times on the east and north side of Rouge Hills Drive between Island Road and East Avenue.

  Staff recommendation as filed

  Councillor McKelvie recommends that Scarborough Community Council: 1. Re-open Item SC24.18, entitled "Improving safety on Rouge Hills Drive" by deleting Recommendation 1 and replace it with the following new Recommendation 1: 1. a. Rescind the existing parking prohibition in effect at all times on the east and north side of Rouge Hills Drive between Lawrence Avenue East and East Avenue; and b. Prohibit parking to be in effect at all times on the east and north side of Rouge Hills Drive between Island Road and East Avenue.

• SC28.20adopted

  Enactment of By-laws

  Introduction and consideration of Bills for enactment of By-laws.

  General Bills Scarborough Community Council enacted By‑laws 1015-2021 to 1024-2021 . Confirmatory Bill Scarborough Community Council passed a confirmatory Bill as By-law 1025-2021.