May 12, 1999
To:Scarborough Community Council
From:H.W.O. Doyle
Subject:Ontario Municipal Board Hearing
Loblaw Properties Limited, Deep Pocket Investments Inc.,
Bellanada Holdings and L. & E. Savella
Request to include high density residential uses on those lands
bounded by Eglinton Avenue to the South,Victoria Park Avenue to the west,
Craighton Drive to the North and Pharmacy Avenue to the East
Purpose:
To report on the upcoming Ontario Municipal Board hearing and to seek Council's direction on the appellant's request to
have high density residential uses included in the Official Plan for the lands described above.
Funding Sources, Financial Implications and Impact Statement:
If Council supports the request for an Official Plan Amendment adding high density residential uses, there will be no
financial implications as City Planning staff can provide evidence in support of this position.
If Council does not support the request for high density residential uses, outside consultants will be required to give
evidence at the September OMB hearing which will impact the Legal Services Operating Budget.
Recommendations:
That the City Solicitor be given instructions with respect to the request for an Official Plan Amendment providing for high
density residential uses at the upcoming Ontario Municipal Board hearing.
Council Reference/Background/History:
In 1991 Scarborough Council approved OPA 811 for the Loblaws Supercentre site on the Northeast corner of Eglinton
Avenue and Victoria Park Avenue in the Clairlea Community Secondary Plan area. This comprehensive amendment which
was requested by Loblaws and recommended by Planning staff changed the designation of the subject lands from District
Commercial Uses to Commercial Mixed Use. This later designation allowed for the expansion of the existing commercial
component as well as for high density residential uses. City Planning staff were and remain of the view that the area is
appropriate for higher density residential uses because of transit and other amenities available in this area. In the years
since 1991, the lands to the east of the subject site have been successfully redesignated from industrial to commercial uses
with the OMB's approval of OPA 965.
In the process leading up to the OPA 965 hearing before the Board in December, 1996, Scarborough Council advised that
they were opposed to the residential component of OPA 811 for the Supercentre site in response to Loblaws' appeal of
OPA 965. As previously reported, Loblaws lost those appeals and both OPA 965 and the Knob Hill Farms Zoning By-law
are now approved.
In 1998, Loblaws again applied for an Official Plan Amendment to provide for high density residential uses on its own
Supercentre site and other immediately abutting lands. Loblaws has since appealed the application to the Ontario
Municipal Board. Subsequent appeals by the abutting owners have resulted in all lands in the quadrant formed by Victoria
Park, Eglinton Avenue East, Pharmacy Avenue and Craighton Drive being before the Board. City planning staff have
considered this request and remain consistent in their advice that this use is appropriate for these lands subject to
transportation system improvements which could be achieved through the development process.
The OMB has now determined that it will hear these requests for high density residential uses in a four week period
commencing September 7, 1999.
As a result of Council's original approval of high density residential uses and its subsequent reversal of that position, the
Board has asked that the City establish a final position on the density issue by the next pre-hearing conference scheduled
for June 29, 1999. The Board's disposition on the last pre-hearing conference is attached.
As requested by the Board, the Legal Department is seeking Council's direction on the request for high density residential
uses on these lands. If Council supports the request for high density, there will be no financial implications as City
Planning staff are in support of this position. However, if Council does not support the applicant's proposal, outside
consultants will be required to give evidence at the September hearing.
Contact Name:
Brendan O'Callaghan, Solicitor
Planning & Administrative Tribunal Law
Tel: (416) 392-7786
Fax: (416) 392-0005
H.W.O. Doyle
City Solicitor
Legal Services
