Item - 2019.SC8.4
Tracking Status
- City Council adopted this item on October 2, 2019 without amendments.
- This item was considered by Scarborough Community Council on September 16, 2019 and was adopted with amendments. It will be considered by City Council on October 2, 2019.
- See also By-laws 1689-2019, 1690-2019
SC8.4 - 2787 and 2791 Eglinton Avenue East - Zoning Amendment Application - Final Report
- Decision Type:
- ACTION
- Status:
- Adopted
- Ward:
- 20 - Scarborough Southwest
City Council Decision
City Council on October 2 and 3, 2019, adopted the following:
1. City Council amend City of Toronto Zoning By-law 569-2013, as amended, for the lands at 2787 and 2791 Eglinton Avenue East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 8 to the report (August 29, 2019) from the Director, Community Planning, Scarborough District.
2. City Council amend former City of Scarborough Eglinton Community Zoning By-law 10048, as amended, for the lands at 2787 and 2791 Eglinton Avenue East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 9 to the report (August 29, 2019) from the Director, Community Planning, Scarborough District.
3. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to submit to the satisfaction of the Executive Director, Engineering and Construction Services an updated Functional Servicing and Stormwater Management Report and plans; in addition, the owner would be required to enter into an agreement(s) for the construction of any improvements to existing municipal infrastructure, should it be determined that upgrades are required to support this development.
4. City Council authorize the City Solicitor to make such stylistic and technical changes to the Zoning By-law Amendments as may be required.
5. Before introducing the necessary Bills to City Council for enactment, City Council require the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:
a. the community benefits to be secured in the Section 37 Agreement are as follows:
i. $500,000 towards capital improvements to Horton Park and/or Above Base Park Improvements to the proposed park on the subject site at 2787 and 2791 Eglinton Avenue East; and
ii. a 2 percent parkland over dedication from the application to increase the size of the new public park on the subject site at 2787 and 2791 Eglinton Avenue East; and
b. the following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:
i. construction and maintenance of the development in accordance with Tier 1 performance measures of the Toronto Green Standard.
6. If the owner is agreeable to undertaking Above Base Park Improvements to the proposed 1,170 square metre on-site public parkland dedication, 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 amended from time to time.
7. Should the Zoning By-law Amendment be appealed to the Local Planning Appeal Tribunal, City Council authorize the City Solicitor to retain external planning and urban design professionals to appear before the Local Planning Appeal Tribunal in support of City Council's approval of the Zoning By-law Amendment and Site Plan applications.
8. In the event that the Local Planning Appeal Tribunal allows an appeal of the Zoning By-law Amendment in whole or in part, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order(s) approving the application until:
a. the Tribunal has been advised by the City Solicitor that the proposed Zoning By-law Amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning;
b. the owner submits to the satisfaction of the Executive Director, Engineering and Construction Services an updated Functional Servicing and Stormwater Management Report and plans; in addition, the owner would be required to enter into an agreement(s) for the construction of any improvements to existing municipal infrastructure, should it be determined that upgrades are required to support this development; and
c. the owner has entered into and registered an agreement between the City and owner pursuant to Section 37 of the Planning Act.
9. City Council approve Site Plan Application 18 148155 ESC 35 SA for the proposed development in principle as indicated on the drawings listed in Attachment 10, subject to the draft conditions of Site Plan Approval listed in Attachment 10 to the report (August 29, 2019) from the Director, Community Planning, Scarborough District.
10. City Council delegate back to the Chief Planner or designate the authority to issue final Site Plan Approval.
Public Notice Given
Statutory - Planning Act, RSO 1990
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2019/sc/bgrd/backgroundfile-137362.pdf
(August 29, 2019) Attachments 8 and 9
https://www.toronto.ca/legdocs/mmis/2019/sc/bgrd/backgroundfile-137363.pdf
(August 29, 2019) Attachment 10
https://www.toronto.ca/legdocs/mmis/2019/sc/bgrd/backgroundfile-137384.pdf
Notice of Pending Report from the Director, Community Planning, Scarborough District - 2787 and 2791 Eglinton Avenue East - Zoning Amendment and Site Plan Applications - Final Report
https://www.toronto.ca/legdocs/mmis/2019/sc/bgrd/backgroundfile-137040.pdf
Communications (City Council)
(October 2, 2019) E-mail from Nicole Corrado (CC.New.SC8.4.2)
Motions (City Council)
That City Council delete the Recommendations from Scarborough Community Council and adopt instead Recommendation 1 contained in the report (August 29, 2019) from the Director, Community Planning, Scarborough District:
1. City Council refuse the application to amend the Zoning By-Law for the lands at 2787and 2791 Eglinton Road for the following reasons:
a.The proposal underutilizes the development potential of the site;
b.The proposed development would set a negative precedent along the Avenue;
c.The proposal has not demonstrated how it will fit into the planned context and vision for Avenues;
d.The proposed development has not demonstrated compatibility with the future Eglinton East LRT; and
e.The proposed development is not consistent with the PPS (2014), conflicts with the Growth Plan (2019) and is not in keeping with the Official Plan.
Vote (Amend Item) Oct-03-2019 3:32 PM
| Result: Lost | Majority Required - SC8.4 - Ainslie - motion 1 |
|---|---|
| Total members that voted Yes: 8 | Members that voted Yes are Paul Ainslie, Brad Bradford, Shelley Carroll, John Filion, Paula Fletcher, Josh Matlow, Gord Perks, Kristyn Wong-Tam |
| Total members that voted No: 15 | Members that voted No are Mike Colle, Gary Crawford, Michael Ford, Mark Grimes, Stephen Holyday, Jim Karygiannis, Cynthia Lai, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory |
| Total members that were Absent: 3 | Members that were absent are Ana Bailão, Joe Cressy, Mike Layton |
Vote (Adopt Item) Oct-03-2019 3:33 PM
| Result: Carried | Majority Required - SC8.4 - Adopt the item |
|---|---|
| Total members that voted Yes: 16 | Members that voted Yes are Mike Colle, Gary Crawford, Michael Ford, Mark Grimes, Stephen Holyday, Jim Karygiannis, Cynthia Lai, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam |
| Total members that voted No: 7 | Members that voted No are Paul Ainslie, Brad Bradford, Shelley Carroll, John Filion, Paula Fletcher, Josh Matlow, Gord Perks |
| Total members that were Absent: 3 | Members that were absent are Ana Bailão, Joe Cressy, Mike Layton |
SC8.4 - 2787 and 2791 Eglinton Avenue East - Zoning Amendment Application - Final Report
- Decision Type:
- ACTION
- Status:
- Amended
- Ward:
- 20 - Scarborough Southwest
Public Notice Given
Statutory - Planning Act, RSO 1990
Community Council Recommendations
Scarborough Community Council recommends that:
1. City Council amend the City of Toronto Zoning By-law No. 569-2013, as amended, for the lands at 2787 and 2791 Eglinton Avenue East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 8 to the report dated August 29, 2019, from the Director, Community Planning, Scarborough District;
2. City Council amend the former City of Scarborough Eglinton Community Zoning By-law No. 10048, as amended, for the lands at 2787 and 2791 Eglinton Avenue East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 9 to the report dated August 29, 2019, from the Director, Community Planning, Scarborough District;
3. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to submit to the satisfaction of the Executive Director, Engineering and Construction Services an updated Functional Servicing and Stormwater Management Report and plans. In addition, the owner would be required to enter into an agreement(s) for the construction of any improvements to existing municipal infrastructure, should it be determined that upgrades are required to support this development.
4. City Council authorize the City Solicitor to make such stylistic and technical changes to the Zoning By-law Amendments as may be required.
5. Before introducing the necessary Bills to City Council for enactment, City Council require the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:
a. The community benefits to be secured in the Section 37 Agreement are as follows:
i. $500,000 towards capital improvements to Horton Park and/or above base park improvements to the proposed park on the subject site at 2787 and 2791 Eglinton Avenue East;
ii. A 2% parkland over dedication from the application to increase the size of the new public park on the subject site at 2787 and 2791 Eglinton Avenue East.
b. The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:
i. Construction and maintenance of the development in accordance with Tier 1 performance measures of the Toronto Green Standard.
6. If City Council determines that the Zoning By-law Amendment application be approved, and if the owner is agreeable to undertaking Above Base Park Improvements to the proposed 1,170 square metre on-site public parkland dedication, 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 (PF&R). 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, PF&R, 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 amended from time to time.
7. Should the Zoning By-law Amendment application be approved and appealed to the Local Planning Appeal Tribunal, City Council authorize the City Solicitor to retain external planning and urban design professionals to appear before the Local Planning Appeal Tribunal in support of City Council's approval of the Zoning By-law Amendment and Site Plan applications.
8. In the event that the Local Planning Appeal Tribunal allows an appeal of the Zoning By-law Amendment in whole or in part, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order(s) approving the application until:
a. The Tribunal has been advised by the City Solicitor that the proposed Zoning By-law Amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning Division;
b. The owner submits to the satisfaction of the Executive Director, Engineering and Construction Services an updated Functional Servicing and Stormwater Management Report and plans. In addition, the owner would be required to enter into an agreement(s) for the construction of any improvements to existing municipal infrastructure, should it be determined that upgrades are required to support this development; and
c. The owner has entered into and registered an agreement between the City and owner pursuant to Section 37 of the Planning Act.
9. City Council approve the Site Plan Application (18 148155 ESC 35 SA) for the proposed development in principle as indicated on the drawings listed in Attachment No.10: Conditions of Site Plan Approval and subject to the draft conditions of Site Plan Approval listed as Attachment No.10 of this report dated August 29, 2019, from the Director, Community Planning, Scarborough District.
10. City Council delegate back to the Chief Planner or his designate the authority to issue final Site Plan Approval.
Decision Advice and Other Information
Scarborough Community Council held a statutory public meeting on September 16, 2019 and notice was given in accordance with the Planning Act.
Origin
Summary
This application proposes to permit 5 blocks of 4-storey stacked townhouses containing 182 residential units at 2787 and 2791 Eglinton Avenue East. The proposed development would have a total gross floor area of 15,750 square metres and a Floor Space Index of 1.85 times the lot area. A total of 218 vehicular and 137 bicycle parking spaces and 1 Type-G loading space would be provided to service the proposed development. The application also proposes a dedication of lands towards a new public park.
The original application was submitted on April 9, 2018, and City Planning staff brought forward a Request for Interim Directions Report, to Scarborough Community Council on July 4, 2018. Staff outlined why the development was not supportable as it did not demonstrate how it would fit into the planned context and vision for Avenues in accordance with the City's Official Plan. Planning staff advised that the proposed development was not consistent with the Provincial Policy Statement (2014) and does not conform with the Growth Plan for the Greater Golden Horseshoe (2017). Planning staff continue to recommend refusal of the application for the same reasons.
At the July 27, 2018, City Council meeting, City staff were directed to "bring forward a final report to the first Community Council meeting of 2019 considering the proposed townhouse development as reflected on the applicant’s plans dated April 2018 and also considering the City's Townhouse and Low-rise Apartment Guidelines ". Subsequently, it was determined that the extent of changes required were significant and therefore a report could not be brought forward to the first Community Council meeting of 2019. The applicant agreed to continue working with City staff to revise the proposal to further bring the application in compliance with the City's Townhouse and Low-rise Apartment Guidelines, as directed by Council.
As directed by Council, this report presents draft by-laws, without City Planning recommendation for approval, to amend City of Toronto Zoning By-law No. 569-2013, as amended and the Eglinton Community Zoning By-law No. 10048, as amended for consideration to enable the development as currently proposed.
Background Information
https://www.toronto.ca/legdocs/mmis/2019/sc/bgrd/backgroundfile-137362.pdf
(August 29, 2019) Attachments 8 and 9
https://www.toronto.ca/legdocs/mmis/2019/sc/bgrd/backgroundfile-137363.pdf
(August 29, 2019) Attachment 10
https://www.toronto.ca/legdocs/mmis/2019/sc/bgrd/backgroundfile-137384.pdf
Notice of Pending Report from the Director, Community Planning, Scarborough District - 2787 and 2791 Eglinton Avenue East - Zoning Amendment and Site Plan Applications - Final Report
https://www.toronto.ca/legdocs/mmis/2019/sc/bgrd/backgroundfile-137040.pdf
Speakers
Motions
Scarborough Community Council recommends that the report (August 29, 2019) from the Director, Community Planning, Scarborough District be amended as follows:
1. Delete Recommendation 1:
"1.City Council refuse the application to amend the Zoning By-Law for the lands at 2787 and 2791 Eglinton Road for the following reasons:
a.The proposal underutilizes the development potential of the site;
b.The proposed development would set a negative precedent along the Avenue;
c.The proposal has not demonstrated how it will fit into the planned context and vision for Avenues;
d.The proposed development has not demonstrated compatibility with the future Eglinton East LRT; and
e.The proposed development is not consistent with the PPS (2014), conflicts with the Growth Plan (2019) and is not in keeping with the Official Plan."
AND
2. Adopt Recommendations 2 through 9 as follows:
"2. If City Council determines that the Zoning By-law Amendment application be approved at this time, City Council amend:
a. The City of Toronto Zoning By-law No. 569-2013, as amended, for the lands at 2787 and 2791 Eglinton Avenue East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 8 to the report dated August 29, 2019, from the Director, Community Planning, Scarborough District;
b. The former City of Scarborough Eglinton Community Zoning By-law No. 10048, as amended, for the lands at 2787 and 2791 Eglinton Avenue East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 9 to the report dated August 29, 2019, from the Director, Community Planning, Scarborough District;
c. Before introducing the necessary Bills to City Council for enactment, the owner be required submit to the satisfaction of the Executive Director, Engineering and Construction Services an updated Functional Servicing and Stormwater Management Report and plans. In addition, the owner would be required to enter into an agreement(s) for the construction of any improvements to existing municipal infrastructure, should it be determined that upgrades are required to support this development.
3. City Council authorize the City Solicitor to make such stylistic and technical changes to the Zoning By-law Amendments as may be required.
4. Before introducing the necessary Bills to City Council for enactment, require the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:
a. The community benefits to be secured in the Section 37 Agreement are as follows:
i. $500,000 towards capital improvements to Horton Park and/or above base park improvements to the proposed park on the subject site at 2787 and 2791 Eglinton Avenue East;
ii. A 2% parkland over dedication from the application to increase the size of the new public park on the subject site at 2787 and 2791 Eglinton Avenue East.
b. The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:
i. Construction and maintenance of the development in accordance with Tier 1 performance measures of the Toronto Green Standard.
5. If City Council determines that the Zoning By-law Amendment application be approved, and if the owner is agreeable to undertaking Above Base Park Improvements to the proposed 1,170 square metre on-site public parkland dedication, 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 (PF&R). 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, PF&R, 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 amended from time to time.
6. Should the Zoning By-law Amendment application be approved and appealed to the Local Planning Appeal Tribunal, City Council authorize the City Solicitor to retain external planning and urban design professionals to appear before the Local Planning Appeal Tribunal in support of City Council's approval of the Zoning By-law Amendment and Site Plan applications.
7. In the event that the Local Planning Appeal Tribunal allows an appeal of the Zoning By-law Amendment in whole or in part, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order(s) approving the application until:
a. The Tribunal has been advised by the City Solicitor that the proposed Zoning By-law Amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning Division;
b. The owner submits to the satisfaction of the Executive Director, Engineering and Construction Services an updated Functional Servicing and Stormwater Management Report and plans. In addition, the owner would be required to enter into an agreement(s) for the construction of any improvements to existing municipal infrastructure, should it be determined that upgrades are required to support this development; and
c. The owner has entered into and registered an agreement between the City and owner pursuant to Section 37 of the Planning Act.
8. City Council approve the Site Plan Application (18 148155 ESC 35 SA) for the proposed development in principle as indicated on the drawings listed in Attachment No.10: Conditions of Site Plan Approval and subject to the draft conditions of Site Plan Approval listed as Attachment No.10 of this report.
9. City Council delegate back to the Chief Planner or his designate the authority to issue final Site Plan Approval."
Vote (Amend Item) Sep-16-2019
| Result: Carried | Majority Required |
|---|---|
| Total members that voted Yes: 5 | Members that voted Yes are Gary Crawford, Jim Karygiannis (Chair), Cynthia Lai, Jennifer McKelvie, Michael Thompson |
| Total members that voted No: 1 | Members that voted No are Paul Ainslie |
| Total members that were Absent: 0 | Members that were absent are |
Scarborough Community Council recommends that the report (August 29, 2019) from the Director, Community Planning, Scarborough District be amended as follows:
1. Adopt Recommendation 1 as follows:
"1. City Council refuse the application to amend the Zoning By-Law for the lands at 2787 and 2791 Eglinton Road for the following reasons:
a. The proposal underutilizes the development potential of the site;
b. The proposed development would set a negative precedent along the Avenue;
c. The proposal has not demonstrated how it will fit into the planned context and vision for Avenues;
d. The proposed development has not demonstrated compatibility with the future Eglinton East LRT; and
e. The proposed development is not consistent with the PPS (2014), conflicts with the Growth Plan (2019) and is not in keeping with the Official Plan."
AND
2. Delete Recommendations 2 through 9:
2. If City Council determines that the Zoning By-law Amendment application be approved at this time, City Council amend:
a. The City of Toronto Zoning By-law No. 569-2013, as amended, for the lands at 2787 and 2791 Eglinton Avenue East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 8 to the report dated August 29, 2019, from the Director, Community Planning, Scarborough District;
b. The former City of Scarborough Eglinton Community Zoning By-law No. 10048, as amended, for the lands at 2787 and 2791 Eglinton Avenue East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 9 to the report dated August 29, 2019, from the Director, Community Planning, Scarborough District;
c. Before introducing the necessary Bills to City Council for enactment, the owner be required submit to the satisfaction of the Executive Director, Engineering and Construction Services an updated Functional Servicing and Stormwater Management Report and plans. In addition, the owner would be required to enter into an agreement(s) for the construction of any improvements to existing municipal infrastructure, should it be determined that upgrades are required to support this development.
3. City Council authorize the City Solicitor to make such stylistic and technical changes to the Zoning By-law Amendments as may be required.
4. Before introducing the necessary Bills to City Council for enactment, require the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:
a. The community benefits to be secured in the Section 37 Agreement are as follows:
i. $500,000 towards capital improvements to Horton Park and/or above base park improvements to the proposed park on the subject site at 2787 and 2791 Eglinton Avenue East;
ii. A 2% parkland over dedication from the application to increase the size of the new public park on the subject site at 2787 and 2791 Eglinton Avenue East.
b. The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:
i. Construction and maintenance of the development in accordance with Tier 1 performance measures of the Toronto Green Standard.
5. If City Council determines that the Zoning By-law Amendment application be approved, and if the owner is agreeable to undertaking Above Base Park Improvements to the proposed 1,170 square metre on-site public parkland dedication, 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 (PF&R). 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, PF&R, 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 amended from time to time.
6. Should the Zoning By-law Amendment application be approved and appealed to the Local Planning Appeal Tribunal, City Council authorize the City Solicitor to retain external planning and urban design professionals to appear before the Local Planning Appeal Tribunal in support of City Council's approval of the Zoning By-law Amendment and Site Plan applications.
7. In the event that the Local Planning Appeal Tribunal allows an appeal of the Zoning By-law Amendment in whole or in part, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order(s) approving the application until:
a. The Tribunal has been advised by the City Solicitor that the proposed Zoning By-law Amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning Division;
b. The owner submits to the satisfaction of the Executive Director, Engineering and Construction Services an updated Functional Servicing and Stormwater Management Report and plans. In addition, the owner would be required to enter into an agreement(s) for the construction of any improvements to existing municipal infrastructure, should it be determined that upgrades are required to support this development; and
c. The owner has entered into and registered an agreement between the City and owner pursuant to Section 37 of the Planning Act.
8. City Council approve the Site Plan Application (18 148155 ESC 35 SA) for the proposed development in principle as indicated on the drawings listed in Attachment No.10: Conditions of Site Plan Approval and subject to the draft conditions of Site Plan Approval listed as Attachment No.10 of this report.
9. City Council delegate back to the Chief Planner or his designate the authority to issue final Site Plan Approval.