STAFF REPORT ACTION REQUIRED

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1 STAFF REPORT ACTION REQUIRED 225 Village Green Square and additional lands within the Metrogate Plan of Subdivision (Blocks 1 to 9, Plan 66M-2460) municipally known as 0, 125, 135, 151, 181, 225, 255, 275, 290, 295, 310, 315, 330 and 335 Village Green Square Zoning Amendment Final Report Date: February 3, 2017 To: From: Wards: Reference Number: Scarborough Community Council Acting Director, Community Planning, Scarborough District Ward 40 Scarborough-Agincourt ESC 40 OZ SUMMARY This application proposes to amend the Employment Districts Zoning By-law No of the former City of Scarborough in order to permit a 31 storey residential apartment (condominium) building, with 297 dwelling units on the lands located at 225 Village Green Square (Block 8, Plan 66M-2460). Parking is proposed within two levels of underground parking and within parts of the three level podium. Driveway access is directly from Village Green Square and is proposed to be shared with the adjacent residential condominium complex at 255 Village Green Square (Block 7). Initially intended for office purposes, Block 8 was recently redesignated from "Employment Areas" to "Mixed Use Areas" as a result of the City's adoption of Official Plan Amendment 231 (OPA 231). With this land use designation in place, City Council can now consider the site specific rezoning of this site to permit high density residential uses, consistent with existing and planned development in the Metrogate subdivision. 1

2 The proposed height, density and scale of development is appropriate for the site and local context and this development will assume similar obligations as the adjacent development blocks related to environmental mitigation measures, including warning clauses, advising of nearby railway operations and associated impacts. Existing zoning permissions establish the total number of dwelling units and the total gross floor area and residential gross floor area permitted within the Metrogate subdivision as whole and not on a blockby-block basis. In order to permit the proposed residential development at 225 Village Green Square, not only does Block 8 need to be rezoned, but the zoning on the entire subdivision lands needs to be amended to increase the total number of dwelling units permitted and to delete the current limit on residential gross floor area. No increase in total gross floor area is proposed or required. This report reviews and recommends approval of the application to amend the Zoning By-law, including the requirement for community benefits in return for the increased residential density, in keeping with the provisions of Section 37 of the Planning Act and the policies of the Official Plan. RECOMMENDATIONS The City Planning Division recommends that: 1. City Council amend the Employment Districts Zoning By-law No , as amended of the former City of Scarborough for the lands at 225 Village Green Square and within Registered Plan of Subdivision Plan 66M-2460 substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 9 to report dated February 5, City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required. 3. Before introducing the necessary Zoning Bill to City Council for enactment, City Council require: a. the Owner transfer ownership of Block 6, Plan 66M-2460 to the City for nominal consideration to the satisfaction of the City Solicitor. b. the Owner's consulting engineer to verify available capacity in existing local and trunk sanitary sewer systems and identify any infrastructure improvements or upgrades that may be necessary to accommodate the proposed development. This work must be done to the satisfaction of the Executive Director, Engineering and Construction Services. In the event that there is insufficient capacity to accommodate this development the obligations for the owner to undertake the work at no cost to the City, shall be set out in a financially secured agreement or other alternative arrangement, to the satisfaction of the Executive Director, Engineering and Construction Services. c. the Owner enter into a financially secured agreement to secure the required improvements to the Kennedy Road and Village Green Square intersection to the satisfaction of the General Manager of Transportation Services. 2

3 d. the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows: i. payment of a cash contribution of $350,000.00, to be directed towards the capital construction costs of the proposed Bridlewood YMCA Community Hub, payable prior to the issuance of the first above-grade building permit and indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, calculated from the date of the registration of the Section 37 Agreement to the date of payment; ii. payment of a cash contribution of $250,000.00, to be directed towards capital improvements to the Agincourt District Branch of the Toronto Public Library, payable prior to the issuance of the first above-grade building permit and indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, calculated from the date of the registration of the Section 37 Agreement to the date of payment; iii. payment of a cash contribution of $150,000.00, to be directed towards the capital construction costs of the Agincourt multi-use pathway connection to Collingwood Park from the Metrogate subdivision, payable prior to the issuance of the first above-grade building permit and indexed upwardly in accordance with the Statistics Canada Non- Residential Construction Price Index for Toronto, calculated from the date of the registration of the Section 37 Agreement to the date of payment; and iv. in the event the cash contributions referred to in (i) (ii) and (iii) above have not been used for their intended purpose within three (3) years of this By-law coming into full force and effect, the cash contribution may be redirected for another purpose, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands. e. The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development: i. The Owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council at its meeting of October 26 and 27, Financial Impact The recommendations in this report have no financial impact. DECISION HISTORY On February 24, 2015, the Planning and Growth Management Committee (PGMC) considered a preliminary report for both an official plan amendment application ( ESC 40 OZ) and a zoning by-law amendment application ( ESC 40 OZ) on the subject property. PGMC directed staff to schedule a community consultation meeting and that notice be provided to all lands within the Metrogate plan of subdivision (Plan 66M-2460) and adjacent lands to the west being 2035 and

4 Kennedy Road, with the additional notice costs to be borne by the applicants. The Preliminary Staff Report is available at the following link: The Preliminary Report provides a summary of the history of the Metrogate Subdivision and Official Plan Amendment (OPA) 231. Below is further relevant decision history and background information. Planning Approvals: Metrogate Plan of Subdivision (Plan 66M-2460) The plan of subdivision and assigned addresses are shown on Attachment 7. As noted in the Preliminary Report, development is intended to and has occurred in phases. Site plan and condominium approval is required on each development block. Condominium approval for the first phase of development on the east half of Block 7 (Avani I) at 255 Village Green Square, consisting of a 35 storey residential apartment tower with 363 dwelling units, was recently completed. As a result, there are currently 6 condominium corporations now registered in this subdivision. Similar approvals for Phase 2 of development on the west half of Block 7 (Avani II) at 275 Village Green Square, which will include 364 dwelling units and a second daycare centre, are also required and the site plan approvals process is anticipated to be completed this year. A total of 2,312 residential units are currently permitted in this subdivision. Minor Variance Application A0245/16SC was recently approved to allow for Phase 2 on Block 7 (Avani II) to proceed as planned. With the recent completion of Avani I noted above, approximately 80% of the permitted residential units have now been constructed. Official Plan Amendment (OPA) 231 In June 2015, the Ontario Municipal Board (OMB) issued an order partially approving OPA 231. As a result, the "Mixed Use Areas" designation on the 225 Village Green Square lands is now in effect (see Attachment 6). OPA 231 also amended Site and Area Specific Policy 5 (SASP 5) within the Agincourt Secondary Plan, which only applies to the Metrogate subdivision lands, to delete maximum density and dwelling unit permissions. As a result of the City's efforts, the official plan amendment application filed by Metrogate Inc., to redesignate the Block 8 lands to "Mixed Use Areas", is no longer required. The file was closed in October With the redesignation of the lands now complete, the Final report on the zoning by-law application can now be considered by Scarborough Community Council (SCC) as it is no longer a matter of City-wide interest. ISSUE BACKGROUND Proposal The original proposal in 2014 was for a 32 storey residential apartment (condominium) tower with 450 dwelling units above a two storey podium. Four levels of underground parking as well as parking within part of the first and second storeys of the podium was proposed. A tower floor plate of 940 square metres was proposed. 4

5 The proposal has since been revised to propose a 31 storey (94 metres) residential apartment (condominium) tower with 297 dwelling units on a 3 storey podium. 157 one bedroom units and 140 two bedroom units are proposed. 357 parking spaces are proposed within 2 levels of underground parking and within parts of the extensive first, second and third levels of the podium which extend north towards the Canadian Pacific Railway (CPR) line (see Attachments 2, 3 and 4). A shared driveway access on the west part of the site is proposed to be shared with Block 7 to the west. This eventuality has been accommodated within the planning approvals for Avani I at 255 Village Green Square. A two (2.0) metre wide concrete sidewalk, as required by the subdivision agreement, is proposed within the adjacent Village Green Square boulevard. Indoor and outdoor amenity space is proposed at a rate of 2.0 square metres per dwelling unit, for a total of 594 square metres for each. The indoor amenity space is located on the ground and 4th floors (two storey height). An outdoor amenity terrace on the fourth floor is directly accessible from the adjacent indoor amenity space. A green roof is also proposed on the fourth floor, to the north of the common outdoor amenity space. A smaller green roof element is also proposed on the 5 th floor, atop of the two storey indoor amenity space. A tower floor plate size of 775 square metres is now proposed. The closest part of any residential dwelling unit to the adjacent CPR right-of-way to the north exceeds 50 metres. Site and Surrounding Area The site (Block 8) is vacant and is approximately 3,900 square metres (0.4 ha) in area and has approximately 46 metres (151 feet) of frontage on the north side of Village Green Square. The site is approximately 105 metres in depth. Abutting uses are as follows: North: The Canadian Pacific Railway (CPR) line (elevated). South: 1.7 acre public park (Block 3). High density residential development (Block 2) within two, thirty storey apartment towers. Two, 40 storey residential apartment towers are located on Block 1 along with convenience retail and the first of two non-profit daycare facilities secured as part of the S. 37 community benefit package for the subdivision. East: Vacant City owned lands (Block 9) reserved for future public transportation purposes. West: Proposed high density residential development comprised of two, 35 storey towers and the second, non-profit daycare facility required as part of the S. 37 community benefit package for the subdivision. Phase One (east tower) at 255 Village Green Square was recently completed. 5

6 The Metrogate plan of subdivision and assigned addresses are located at Attachment 7. DELTA TORONTO EAST HOTEL REDEVELOPMENT 2035 KENNEDY ROAD A zoning by-law amendment application ( ESC 40 OZ) was submitted in June 2015 proposing a multi-phased, mixed use redevelopment of the site (see Attachment 7 for site location). Current plans propose to redevelop the lands in three phases with a total of 1,044 dwelling units. The 14 storey hotel tower is to be retained. Phase One proposes two residential (condominium) apartment towers 30 and 33 storeys respectively in height on the west part of the site with a total of 644 dwelling units. The towers are connected with a shared podium containing amenity space, green roof areas and grade related retail uses facing Village Green Square. Phase Two proposes a 40 storey apartment (condominium) tower with 400 dwelling units, along with new hotel suites and amenities, a new parking structure and an urban plaza by Village Green Square. Phase Three proposes a 9 storey office and retail building. This application is still being reviewed by City Divisions and external agencies including the Ministry of Transportation (MTO) given the site's proximity to Highway 401 and the Kennedy / Highway 401 interchange. A Public Meeting will be scheduled and a Final Report prepared once all outstanding issues have been addressed to the City's satisfaction. This development proposal is relevant to the assessment of the zoning application at 225 Village Green Square (Block 8), particularly as it relates to traffic impacts as discussed further in this report. Regardless, this does not preclude the City's ability to independently assess and comment on the Metrogate Inc. zoning application given Block 8 is already part of a master planned community with asof-right zoning permissions in place. Provincial Policy Statement and Provincial Plans The Provincial Policy Statement (PPS) 2014 provides policy direction on matters of provincial interest related to land use planning and development. These policies support the goal of enhancing the quality of life for all Ontarians. Key policy objectives include: building strong healthy communities; wise use and management of resources; and protecting public health and safety. The PPS recognizes that local context and character is important. Policies are outcome-oriented, and some policies provide flexibility in their implementation provided that provincial interests are upheld. City Council s planning decisions are required, by the Planning Act, to be consistent with the PPS. The Growth Plan for the Greater Golden Horseshoe provides a framework for managing growth in the Greater Golden Horseshoe including: directions for where and how to grow; the provision of infrastructure to support growth; and protecting natural systems and cultivating a culture of conservation. City Council s planning decisions are required, by the Planning Act, to conform, or not conflict, as the case may be, with the Growth Plan for the Greater Golden Horseshoe. Official Plan As noted earlier in this report, the lands are designated as "Mixed Use Areas" as a result of the City's adoption of OPA 231 (see Attachment No. 6). 6

7 The site is also located within the Agincourt Secondary Plan area and Site and Area Specific Policy No. 5 applies to the entire Metrogate subdivision. A maximum overall density of development of 3.0 times the site area is permitted. Detached and semi-detached dwellings are not permitted. Zoning Block 8 is zoned Special District Commercial (SDC) under the former City of Scarborough Employment Districts Zoning By-law No , as amended. Daycare centres, day nurseries, financial institutions, home sales centre, non-commercial parking lots, offices, personal service shops, restaurants and retail stores are permitted. Residential uses are not permitted. A maximum building height (excluding mechanical penthouse) of 95 metres is permitted on this block. City-wide Zoning By-law No does not apply to any of the lands within the Metrogate subdivision, including this block. Site Plan Control The proposed development is subject to site plan control. A site plan control application ( ESC 40 SA) has been filed and is under review. Reasons for Application The existing zoning for the site (Block 8) does not permit residential uses. A site specific zoning amendment to permit the proposed development and an amendment to the zoning for the entire subdivision, to increase the total number of permitted dwelling units, is required and to eliminate the current residential density limit within the subdivision. The proposed height of development is permitted. No increase in total permitted gross floor area within the subdivision is required. At the time the public meeting notice was prepared it was believed an increase was necessary. The project architect has since confirmed that the proposed development can be accommodated under existing gross floor area permissions. An amendment to the zoning by-law is also required to introduce zoning by-law parking rates on Block 8 that are the same as those contained within City-wide Zoning By-law Community Consultation A community consultation meeting was held on May 26, 2015 and was attended by the Ward Councillor, the applicants and their consultants, City Planning staff and approximately 20 members of the public. Over 950 notices were sent out with notice provided in accordance with the directions of the Planning and Growth Management Committee, with the additional notice costs borne by the applicants. Issues discussed related to the history of the Metrogate subdivision and earlier approvals, timing and nature of any transit improvements, provision of commercial and service related floor space on site and in the nearby Agincourt area, pedestrian access within the subdivision and out to Kennedy Road, speed limits, traffic congestion and compatibility with the CPR line to the north. 7

8 The application has been amended since the community meeting was held in order to reduce the number of dwelling units from 450 to 297 and to address technical matters identified as a result of the comprehensive review of the original proposal. Agency Circulation The application was circulated to all appropriate agencies and City divisions. Responses received have been used to assist in evaluating the application and to formulate appropriate By-law standards. COMMENTS Provincial Policy Statement and Provincial Plans The proposal is consistent with the PPS. Among other matters, the proposal will provide for an efficient development pattern and use of land (part of an approved plan of subdivision), add to the City's supply and diversity of housing and utilize public infrastructure and services efficiently. For the same reasons noted above, the proposal conforms and does not conflict with the Growth Plan for the Greater Golden Horseshoe by proposing an appropriate type and scale of development within this approved high density, mixed use, predominately residential plan of subdivision. Land Use The proposed high density residential use is permitted by the "Mixed Use Areas" designation of the Official Plan and is consistent with the existing and/or planned development within this master planned community. City Council, through the adoption of OPA 231, established the land use policy permissions to allow for a zoning by-law amendment application proposing residential uses on the Block 8 lands to be considered. The draft zoning by-law attached (Attachment 9) permits selected non-residential uses on the site which are appropriate given the "Mixed Use Areas" designation on the site. The applicants are not proposing these uses at this time but the permission keeps this option open in the event such uses be desired, even by a subsequent owner. The change to a residential development on Block 8 does not pose any concerns in terms of land use or height but does need to be factored into considerations related to traffic impacts, parkland dedication and community benefits, among other matters, as discussed further in this report. Height, Density and Massing The existing zoning on the site permits a maximum height of development of 95 metres on Block 8, excluding the mechanical penthouse. The proposed residential apartment tower is 31 storeys and 94 metres in height, excluding the mechanical penthouse. The proposed height of development is permitted and consistent with the master planning for this subdivision. No increase in total density of development in terms of total gross floor area in the subdivision is proposed. The existing zoning permits 204,162 square metres of gross floor area. Daycare centres, indoor recreational amenity space, above and below grade parking structures, among other matters, are not included in this density calculation. 8

9 The 'conversion' of Block 8 from a future office block to a future high density residential block, however, does require the by-law to be amended to increase the total permitted residential gross floor area (residential density permissions) in the subdivision and the number of permitted dwelling units. Presently, the zoning permits approximately 80% of the total permitted gross floor area within the subdivision to be used for residential purposes. Should this approval be granted, with the exception of the existing commercial floor space within the 'Solaris' condominium development on Block 1, the subdivision will be entirely residential in nature. As a result, the draft by-law attached deletes the existing performance standard that establishes a maximum residential gross floor area as it is no longer required. The proposal has been reviewed in light of the Metrogate Agincourt Redevelopment Urban Design Guidelines and the more recent City-Wide Tall Building Design Guidelines. Matters related to overall site layout and building location, building facades, tower floor plate, base building height, tower stepback from the base building, main entrance location and pedestrian level comfort have all been reviewed and deemed acceptable. The site plan approvals process will secure these matters in detail. The proposed tower is setback at least 35 metres from the existing tower to the west at 255 Village Green Square ('Avani I'). Canadian Pacific Rail (CPR) Corridor The CPR rail corridor is located immediately to the north of Block 8 and is elevated by approximately 7.0 metres. The registered subdivision agreement contains obligations related to noise and vibration mitigation and safety measures for development adjacent to the CPR corridor. Noise and vibration studies are required to be prepared for each development block as part of the site plan approvals process. Relevant plans are required to contain a noise control conformance stamp from a qualified acoustical engineer confirming that the recommended mitigation measures are provided. This will also be required as part of the site plan approvals process for Block 8. The subdivision agreement also requires that warning clauses, advising of nearby rail operations and associated impacts, are required to be contained in all offers of purchase and sale and rental agreement for residential units. Noise and Vibration Impact Studies have been submitted in support of both the zoning and site plan approvals applications and specific mitigation measures are required, including those referenced in the amenity space section of this report. Recommended mitigation measures for residential units include central air conditioning, building façade recommendations, glazing and the aforementioned warning clauses. A safety berm integrated with the three storey podium is proposed along with a 1.83 (6 ft) metre high chain link along the common property line. See Attachment 4. The closest part of the development, which is approximately 6.0 metres from the south edge of the rail right-of-way, consists of the extensive 3 storey podium which does not contain noise sensitive uses. Residential dwelling units within the tower are more than 50 metres away and the draft zoning by-law requires that this setback be met. The CPR and related Railway Association of Canada Guidelines for New Development in Proximity to Railway Operations recommend a standard minimum 30 metre 9

10 setback. The CPR has reviewed the environmental noise and vibration impact study prepared in support of the zoning application and supports the implementation of the recommendations contained therein. The outdoor amenity terrace is a minimum of 25 metres away and will contain required mitigation measures as discussed under the amenity space section of this report. Traffic Impact Detailed traffic reports have been prepared in support of this application and the active development application at 2035 Kennedy Road. Analyses take into consideration forecasts of future background development related traffic, planned road network improvements and assumed background traffic growth for selected horizon years. Traffic intersection operations at Village Green Square and Kennedy Road have also been assessed. In terms of future background development, full build out of the Metrogate subdivision (including Avani II and daycare centre on Block 7), full build out of the 'Love' and 'Joy' condominiums at 175, 185, 195, 205 & 215 Bonis Avenue and phased and full build out of the proposed Delta Toronto East hotel redevelopment at 2035 Kennedy Road have been considered. Given the applicant (Metrogate Inc.) has as-of-right zoning permissions for office use on the Block 8 lands, trip generation and related impacts have been assessed using permitted development statistics and replacing them with the proposed development statistics. Compared to the as-of-right scenario, the residential proposal generates 7% to 8% less traffic at the Kennedy Road and Village Green Square intersection in a 2021 background traffic scenario. The analysis has concluded that there is available capacity in the road network to accommodate the development. Recommended improvements to the Kennedy Road and Village Green Square intersection are as follows: Traffic signal timing optimization/modification and cycle length increase; New northbound Kennedy Road right-turn storage lane (queue) extension; Storage lane (queue) extension on southbound Kennedy Road left-turn lane; and Dual westbound left turn land outbound on Village Green Square. The above improvements can be accommodated within the existing road rights-of-way. Impacts to the existing driveways to the office development at 2075 Kennedy Road have also been examined. Opportunity exists for the City and MTO to reassess these recommendations in the future should development proceed contrary to the current assumptions. The continued review of the 2035 Kennedy Road proposal presents such an opportunity. 10

11 Detailed pavement marking and functional plans showing the required left turn and right turn lane extensions of Kennedy Road and Village Green Square are required to be prepared to the City's satisfaction. Financial securities for the required pavement marking improvements at the intersection will be required to be submitted to the City. Before introducing the necessary Bill to City Council for enactment, the Owner is required to enter into a financially secured agreement to secure the required improvements to the Kennedy Road and Village Green Square intersection to the satisfaction of the General Manager of Transportation Services. MTO advises that they have no further concerns with the assessments related to Block 8. Also, the Block 8 lands are outside of MTO's Permit Control Area for Highway 401 and Kennedy Road, and as such, no MTO building and land use permits are required. Parking A total of 357 parking spaces are proposed within 2 levels of underground parking and within the proposed 3 storey podium. Parking rates proposed are consistent with the new parking rates permitted in the new City-wide Zoning By-law for both residential and non-residential uses permitted. Residential parking rates, for example, are tied to the size of dwelling unit. Please refer to the draft zoning by-law amendment (Attachment 9). Servicing Engineering and Construction Services and Toronto Water have reviewed Functional Servicing and Hydrogeological Reports prepared in support of this development. The underground parking structure will be completed below the water table elevation. As a result, matters related to dewatering (temporary construction related and long term seepage) are being thoroughly analysed in order to minimize possible adverse effects related to groundwater discharge into the City's sanitary sewer and/or storm sewer system. The applicants and their engineer have provided written confirmations that all buildings proposed on site can and will be constructed and maintained in a manner which shall be completely water-tight below grade and resistant to hydrostatic pressure without any necessity for foundation drains, groundwater collections systems or any other type of permanent drainage system or any direct or indirect connection to the City's sewage works. Further analysis and/or verifications, however, may be required by the City to determine whether infrastructure upgrades are required to support this development. Before introducing the necessary Bill to City Council for enactment, the Owner's consulting engineer must verify available capacity in existing local and trunk sanitary sewer systems and identify any infrastructure improvements or upgrades that may be necessary to accommodate the proposed development. This work must be done to the satisfaction of the Executive Director, Engineering and Construction Services. In the event that there is insufficient capacity to accommodate this development the obligations for the owner to undertake the work at no cost to the City, shall be set out in a financially secured agreement or other alternative arrangement, to the satisfaction of the Executive Director, Engineering and Construction Services. 11

12 Future Road Block (Block 6) A future road block (west of Block 7) was created as part of the earlier subdivision approval with the intention of improving future connectivity between lands north and south of the CPR line. Currently, Village Green Square is the only street that provides access to this area. A City initiated feasibility study related to this future road connection (which has long been identified in the Agincourt Secondary Plan) and a multi-use pedestrian/cycling connection between Agincourt GO Station / Sheppard Avenue East and Village Green Square was completed in Preferred options were identified and a separate Municipal Class EA may be undertaken by the City to further evaluate these options. Metrogate and other key landowners were advised of this study. To date, ownership of this block has not been transferred to the City. Before introducing the necessary Bill to City Council for enactment, this block is required to be transferred. Amenity Space Indoor and outdoor amenity space is proposed at a rate of 2.0 square metres per dwelling unit, for a total of 594 square metres for each. The indoor amenity space is located on the ground and 4th floors (two storey height). An outdoor amenity terrace on the fourth floor is directly accessible from the adjacent indoor amenity space. The draft zoning by-law attached requires a minimum of 4.0 square metres per dwelling unit of recreational amenity space (indoor and outdoor space) to be provided, of which a minimum 2.0 square metres must be indoor space. The outdoor amenity terrace, given its size, is considered an "Outdoor Living Area" (OLA) under the Provincial Noise Guideline and subject to certain noise criteria and sound levels limits. As proposed, the outdoor amenity terrace has exposure to both the CPR rail line to the north and the Stouffville GO line to the east. Given a single acoustic barrier to provide protection of the entire amenity space north of the tower was deemed to be infeasible, an option to consider separate seating areas, each with its own acoustic barrier protection to achieve acceptable sound levels, is proposed. These details will be secured as part of the site plan approvals process. Open Space/Parkland As noted earlier in this report, Metrogate Park (Block 3) is located to the south of the subject lands and is approximately 0.7 hectares (1.7 acres) in size. The size of this park was determined by the parkland dedication policies in effect when the plan of subdivision was approved at the Ontario Municipal Board (OMB) and a total of 2,100 dwelling units permitted. The rezoning of Block 8 for residential purposes permits the City to request a parkland dedication based upon current policies. The Official Plan contains policies to ensure that Toronto's system of parks and open spaces are maintained, enhanced and expanded. Map 8B of the Toronto Official Plan shows the local parkland provisions across the City. The lands which are the subject of the application are in an area with 0.8 to 1.56 hectares of local parkland per 1,000 people. The subject site is located in the third highest quintile of current provision of parkland. The site is in a parkland priority area, as per the City Wide Parkland Dedication By-law At the alternative rate of 0.4 hectares per 300 units specified in By-law , the parkland dedication would be approximately hectares (276 m 2 ). The applicant is required to satisfy the 12

13 parkland dedication through a cash-in-lieu payment. The parkland dedication for the subject site is too small to be functional. The actual amount of cash-in-lieu paid will be determined at the time of issuance of the building permit. This parkland payment is required under Section 42 of the Planning Act and is required as a condition of the building permit application process. Schools The Toronto District School Board (TDSB) advises that they make every effort to accommodate students at local schools. However, due to residential growth, sufficient accommodation may not be available for all students. Students may be accommodated in schools outside this area until space in local schools becomes available. The registered subdivision agreement requires that warning clauses related to sufficient accommodation for students within both TDSB and Toronto Catholic District School Board (TCDSB) schools be contained in all Offers and Agreements of Purchase and Sale and/or Rental Agreements entered into after the date of the registration of the plan. The applicant's legal counsel has confirmed that this required content will be included in all transactions for Block 8. Toronto Green Standard In 2013 City Council updated the two-tiered Toronto Green Standard (TGS) that was adopted by City Council on October 27, The TGS is a set of performance measures for green development. Tier 1 is required for new development. Tier 2 is a voluntary, higher level of performance with financial incentives. Achieving the Toronto Green Standard will improve air and water quality, reduce green house gas emissions and enhance the natural environment. The applicant is required to meet Tier 1 of the TGS. Required TGS performance measures will be secured through the Site Plan Approval process. These include, but are but limited to: bicycle parking rates; bicycle location and storage requirements; pedestrian pathways; canopies; lighting; high albedo surface materials on non-roof hardscaped areas; bird friendly glazing; green roof(s) and water efficient plant materials. The development is subject to the Green Roof By-law. As noted earlier, green roofs are proposed on the 4 th and 5 th floors. Based upon the size of the building, 60% of available roof space is required to be green roof. The submitted plans indicate that 71% of the available roof space is proposed as green roof. The Green Roof By-law is administered by Toronto Building. The applicant has indicated they will pursue Tier 2 of the TGS which includes possible refunds against Development Charges payable for the development. Tier 2 is verified during the construction stage by third party evaluators registered with the City. Core measures required to be met include, but are not limited to, enhanced energy efficiency, building commissioning and water efficient fixtures. Optional measures are also required to be met and will be secured as part of the site plan approvals process. Section 37 In return for the increase in residential density of development currently permitted by the zoning by-law, Section 37 community benefits have been negotiated with the applicant in consultation with the Ward 13

14 Councillor. The community benefits recommended to be secured in the Section 37 Agreement is a cash payment of $750, to be allocated as follows: 1. $150, towards the capital construction costs of the proposed Agincourt multi-use pathway connection; 2. $250, towards proposed capital improvements to the Agincourt District Branch of the Toronto Public Library; and 3. $350, towards the capital construction costs of the proposed Bridlewood YMCA Community Hub. This cash payment is required to be indexed and is payable prior to the issuance of an above grade building permit. The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development: 1. The Owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council at its meeting held on October 26 and 27, 2009 through the adoption of item PG32.3 of the Planning and Growth Committee. Since Tier 2 performance measures are voluntary, they are not included in the S. 37 agreement. CONTACT Doug Muirhead, Senior Planner Tel. No. (416) Fax No. (416) dmuirhe@toronto.ca SIGNATURE Paul Zuliani, Acting Director Community Planning, Scarborough District ATTACHMENTS Attachment 1: Site Plan Attachment 2: Elevations Attachment 3: Elevations Attachment 4: Section Attachment 5: Zoning Attachment 6: Official Plan Attachment 7: Metrogate Plan of Subdivision Attachment 8: Application Data Sheet Attachment 9: Draft Zoning By-law Amendment 14

15 Attachment 1: Site Plan 15

16 Attachment 2: Elevations 16

17 Attachment 3: Elevations 17

18 Attachment 4: Section 18

19 Attachment 5: Zoning 19

20 Attachment 6: Official Plan 20

21 Attachment 7: Metrogate Plan of Subdivision 21

22 Attachment 8: Application Data Sheet Application Type Rezoning Application Number: ESC 40 OZ Details Rezoning, Standard Application Date: August 7, 2014 Municipal Address: Location Description: 225 VILLAGE GREEN SQUARE PLAN 66M2460 BLK 8 **GRID E4006 Project Description: Rezoning for a 31 storey residential (condominium) apartment building containing 297 dwelling units. Block 8, Plan 66M Zoning required to be amended on entire plan of subdivision lands given existing zoning applies collectively in terms of dwelling units and gross floor area permitted. Applicant: Agent: Architect: Owner: METROGATE INC. MICHAEL MAURO GRAZIANI + CORAZZA METROGATE INC. PLANNING CONTROLS Official Plan Designation: Mixed Use Areas Site Specific Provision: SASP 5, Agincourt Secondary Plan Zoning: SDC Historical Status: N/A Height Limit (m): 95 (excluding mechanical penthouse) Site Plan Control Area: Y PROJECT INFORMATION Site Area (sq. m): 3916 Height: Storeys: 31 Frontage (m): 46 Metres: 94 (excluding mechanical penthouse) Depth (m): 105 Total Ground Floor Area (sq. m): 2853 Total Total Residential GFA (sq. m): Parking Spaces: 357 Total Non-Residential GFA (sq. m): 0 Loading Docks 1 Total GFA (sq. m): Lot Coverage Ratio (%): 72 Floor Space Index: 6.2 DWELLING UNITS FLOOR AREA BREAKDOWN (upon project completion) Tenure Type: Condo Above Grade Below Grade Rooms: 0 Residential GFA (sq. m): Bachelor: 0 Retail GFA (sq. m): Bedroom: 157 Office GFA (sq. m): Bedroom: 140 Industrial GFA (sq. m): Bedroom: 0 Institutional/Other GFA (sq. m): 0 0 Total Units: 297 CONTACT: PLANNER NAME: Doug Muirhead, Senior Planner TELEPHONE: (416)

23 Attachment 9: Draft Zoning By-law Amendment Authority: Scarborough Community Council Item ~ as adopted by City of Toronto Council on ~, 20~ Enacted by Council: ~, 20~ Bill No. ~ CITY OF TORONTO BY-LAW No. ~-20~ To amend the former City of Scarborough Employment Districts Zoning By-law No (South Agincourt Employment District), as amended, with respect to lands located within a registered plan of subdivision, being Blocks 1-9 on Plan 66M-2460 and municipally known in the year 2017 as 0, 125, 135, 151, 181, 225, 255, 275, 290, 295, 310, 315, 330 and 335 Village Green Square. Whereas Council of the City of Toronto has the authority to pursuant to Section 34 of the Planning Act, R.S.O. 1990, c. P. 13, as amended, to pass this By-law; and Whereas Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act; and Whereas the Official Plan for the City of Toronto contains provisions relating to the authorization of increases in height and density of development; and Whereas pursuant to Section 37 of the Planning Act, a by-law under Section 34 of the Planning Act, may authorize increases in the height and density of development beyond those otherwise permitted by the by-law and that will be permitted in return for the provision of such facilities, services or matters as are set out in the by-law; and Whereas subsection 37(3) of the Planning Act provides that where an owner of land elects to provide facilities, services and matters in return for an increase in the height or density of development, the municipality may require the owner to enter into one or more agreements with the municipality dealing with the facilities, services and matters; and Whereas the owner of the aforesaid lands has elected to provide the facilities, services and matters hereinafter set out; and Whereas the increase in density permitted beyond that otherwise permitted on the aforesaid lands by By-law No , as amended, is permitted in return for the provision of the facilities, services and matters set out in this By-law which is secured by one or more agreements between the owner of the land and the City of Toronto; The Council of the City of Toronto HEREBY ENACTS as follows: 1. SCHEDULE 'A' of the Employment Districts Zoning By-law No (South Agincourt Employment District) is amended by deleting the current zoning provisions for the lands municipally known as 225 Village Green Square and replacing them with the 23

24 following zoning provisions as shown on Schedule '1' attached hereto and forming part of this by-law: (Block 10) CR SCHEDULE 'B' of the Employment Districts Zoning By-law No , Performance Standards Chart Miscellaneous is amended by deleting Performance Standard 2047 clause (b) and by deleting Performance Standard 2047 clauses (c) and (h) and replacing them as follows: (c) (h) Total number of dwelling units on Blocks 1, 2, 3, 6, 7, 9 and 10 shall not exceed 2,609 dwelling units. The area outlined as "Block 10" shall be zoned Commercial/Residential Zone (CR). No buildings or structures shall be permitted on "Block 10" except as follows: (i) Only the following uses are permitted: - Apartments - Medical Offices - Offices - Personal Service Shops - Restaurants (maximum gross floor area 500 m 2 ) - Retail Stores (ii) Minimum street yard setback 3 m. (iii) (iv) (v) (vi) (vii) CLAUSE V GENERAL PROVISIONS, sub-clause 6 Underground Structures shall not apply. Dwelling units shall be located a minimum of 50 m from the north lot line abutting the Canadian Pacific Railway line. Maximum height 95 m, and excluding mechanical penthouse. Recreational amenity area (indoor and outdoor space) shall be provided at a minimum rate of 4.0 m 2 for each dwelling unit, with a minimum 2.0 m 2 for each dwelling unit being indoor space. CLAUSE V GENERAL PROVISIONS, sub-clause 7.2 Table of Required Parking Rates shall not apply. (viii) Parking spaces shall be provided in accordance with the parking rates set out below: Dwelling unit in an Apartment (Tenant requirement) minimum rate of: for each bachelor dwelling unit up to 45 m 2 and 1.0 for each 24

25 bachelor dwelling unit greater than 45 m 2 ; for each one bedroom dwelling unit; for each two bedroom dwelling unit; and for each three or more bedroom dwelling unit. Dwelling unit in an Apartment (Visitor requirement) minimum rate of: for each dwelling unit. Medical Offices - Minimum rate of 3.0 for each 100 m 2 of gross floor area. Offices - Minimum rate of 1.5 for each 100 m 2 of gross floor area. Personal Service Shops - Minimum rate of 1.5 for each 100 m 2 of gross floor area; and - If the gross floor area is 200 m 2 or less, no parking space is required. Restaurants - Where the gross floor area is 200 m 2 or more but less than 500 square metres, parking spaces must be provided at a minimum rate of 3.0 for each 100 m 2 of gross floor area; and - If the gross floor area is 200 m 2 or less, no parking space is required. Retail Stores - Minimum rate of 1.5 for each 100 m 2 of gross floor area; and - If the gross floor area is 200 m 2 or less, no parking space is required. (ix) (x) (xi) CLAUSE V GENERAL PROVISIONS, sub-clause 7.4 Parking Structures shall not apply. CLAUSE V GENERAL PROVISIONS, sub-clause Sum of Requirements shall not apply. Calculation of Parking Space Requirements Rounding: If the calculation of the number of required parking spaces results in a number with a fraction, the number is rounded down to the nearest whole number, but there may not be less than one parking space. 3. SCHEDULE 'B' of the Employment Districts Zoning By-law No , Performance Standards Chart Section 37 is amended by adding the following Performance Standard: Pursuant to Section 37 of the Planning Act, R.S.O. 1990, c. P. 13, as amended and subject to compliance with the provisions of this By-law, the increase in density of development on the lands is permitted in return for the provision of the following facilities, services and matters to the City at the Owner's expense: 25

26 (1) Prior to the issuance of an above grade building permit, the Owner shall make a financial (cash) contribution to the City of $750, to be allocated as follows, with such amount to be indexed upwardly in accordance with the Statistics Canada Construction Price Index for Toronto, calculated from the date of the Section 37 Agreement to the date the payment is made: i) $250, towards capital improvements to the Agincourt District Branch of the Toronto Public Library; ii) $150, towards the capital construction costs of the proposed Agincourt multi-use pathway connection to Collingwood Park; and iii) $350, towards the capital construction costs of the proposed Bridlewood YMCA Community Hub. (2) In the event the cash contribution referred to in (1) above has not been used within three (3) years of the By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning Division, in consultation with the Ward Councillor, provided that the purpose is identified in the Official Plan. (3) The Owner of the lands shall enter into one or more agreements with the City pursuant to Section 37 of the Planning Act, R.S.O. 1990, c. P. 13, as amended which are registered on title to the lands by the City to secure the matters provided for in (1) above. ENACTED AND PASSED this ~ day of ~, A.D. 20~. JOHN TORY, Mayor ULLI S. WATKISS, City Clerk (Corporate Seal) 26

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