H.W.O. Doyle, LL.B., LL.M.
City Solicitor
Legal Services
100 Queen Street West
14th Floor, West Tower, City Hall
Toronto ON M5H 2N2
Tel: (416) 392-8047
Fax: (416) 392-0005
January 27, 1999
To:Scarborough Community Council
From:H.W.O. Doyle
Subject:Ontario Municipal Board Decision
OPA 965, Zoning By-law Amendment Z97047
Sevendon Holdings Limited, 1900 Eglinton Avenue East
Purpose:
The purpose of this report is to advise of the outcome of the Ontario Municipal Board (the
"Board") Hearing held with respect to the above-noted matter.
Funding Sources, Financial Implications and Impact Statement:
There are no financial implications.
Recommendations:
For information only.
Council Reference/Background/History:
At its meeting of October 28, 29 and 30, 1998, Council instructed the Law Department to
support the zoning by-law amendment application of Sevendon Holdings Limited to permit a
100,000 square foot food store on its property located at 1900 Eglinton Avenue East in the
former City of Scarborough. Council had previously redesignated the OPA 965 area around
the intersection of Victoria Park Avenue and Eglinton Avenue in the former City of
Scarborough for wide open retail uses including food retailing. Both OPA 965 and the
Sevendon zoning by-law were opposed by Loblaws because they permitted substantial
additional food retailing space in the Golden Mile area.
After a series of prehearings, the Municipal Board hearing into this matter began on
November 9, 1998 and lasted three weeks. The fundamental issue for the Board was whether
or not the OPA and zoning by-law amendment could be permitted to include food retailing
without the requirement for extensive market studies into the impact of new food retailing on
existing food stores in the area. Loblaws argued that a further hearing must be scheduled to
examine detailed market studies into the impact of the approximately 1.6 million square feet
of additional retail space which the OPA would permit in the vicinity of Loblaws' existing
supercentre store on Eglinton Avenue. The City argued that no further studies were required
and that no special protection was necessary for the food retailing component. Furthermore,
the City argued that the zoning by-law allowing the Sevendon application for a 100,000
square foot food store should be permitted subject to certain conditions, including an "H" as
requested by Council. At the hearing, the Legal Department was assisted by members of the
Planning Department.
The Board's decision was released on Friday, January 21, 1999 and found in favour of the
City and Sevendon. The Board determined that the original cap on food uses of 700 m2 was
not necessary and was not justified by the planning evidence. Furthermore, the Board agreed
with the City's position that no further studies should be required prior to permitting
unrestricted food retailing in the entire OPA 965 area. The decision is on file with the Clerk's
Department.
Contact Name:
Brendan O'Callaghan, Solicitor
Planning and Administrative Tribunal Law
Tel: (416) 392-7786
Fax: (416) 392-0005
H.W.O. Doyle
City Solicitor
Legal Services
