September 29, 1999

To:Scarborough Community Council

From:Ted Tyndorf

Director of Community Planning, East District

Subject:Draft Plan of Condominium Application SC1998608

Monarch Construction Limited

5039 Finch Avenue East

Part of Blocks B, C and D, Registered Plan M-1648

Scarborough Malvern

Purpose:

To recommend approval of a Draft Plan of Condominium for a 226 unit, 19 storey residential building (Phase 3) that is nearing completion and which is part of a phased development located on the southeast corner Finch Avenue and McCowan Road.

Financial Implications:

None.

Recommendations:

It is recommended that Council support the Draft Plan of Condominium SC1998608 by Monarch Construction Limited, being Part of Blocks B, C and D, Registered Plan M-1648, known municipally as 5039 Finch Avenue East, subject to the following conditions:

Plan as stamped "Recommended" this date (see Figure 2).Prior to registration, the Ontario Municipal Board shall have approved the Official Plan and Zoning By-law Amendments which resulted from the Ontario Municipal Board's decision of June 25, 1999, Order No. 1225 and, that the owner and the City shall have amended the existing Site Plan Control Agreement regarding the requirement for indoor recreation space of three square metres per dwelling unit.

The owner shall complete all conditions of the Site Plan Control Agreement, as amended, applying to the Phase 3 lands as shown on Figure 2, prior to condominium registration, or enter into a Financially Secured Development Agreement with the City secured by a performance guarantee in a form and amount satisfactory to the City Solicitor, to guarantee completion of the site work for the described Phase 3 if the owner chooses to register the condominium prior to the completion of the project.

Prior to registration, the owner shall submit the final Condominium Declaration and Description which includes the Reciprocal Agreements between the future Condominium(s), for the approval of the Director of Community Planning, East District, with respect to all easements and rights-of-way to ensure mutual access between the future Condominium(s) on Blocks B, C, D and E, Registered Plan M-1648, for vehicular and pedestrian movements, parking and areas of exclusive use and recreational facilities.

That the final Condominium Description and Declaration to contain provisions satisfactory to the Director of Community Planning, East District, to ensure that the recreational facilities and exterior common areas will be available to the future Condominium(s) on a proportionate shared ownership basis.

Background:

In May 1998, Council gave support for a Site Plan Control approval for a phased development at the southeast corner of Finch Avenue and McCowan Road. The approval resulted in one Site Plan Control Agreement for all three phases on the property. Council's support was conditional upon, among other matters, the Site Plan Control Agreement requiring three square metres (32.2 square feet) of indoor recreation space per dwelling unit or 1,410 square metres (15,178 square feet).

The lands on the southeast corner of Finch Avenue and McCowan Road were the subject of Official Plan and Zoning By-law Amendment applications to increase the permitted density on the entire property last year. Council refused the applications in December 1998 and the owner appealed the applications to the Ontario Municipal Board. A subsequent Site Plan Control Application was made in March 1999 and was also appealed to the Board. In June 1999, the Ontario Municipal Board allowed the appeals in part, subject to, among other matters, changes to the Agincourt North Secondary Plan and Agincourt North Zoning By-law. City staff are currently reviewing the proposed amending Bills which would incorporate the Board's decision prior to the Board's issuance of its final Order. The site plan, approved in concept by the Board, is also being reviewed by City staff, in accordance with the Board's decision.

Committee of Adjustment in September 1998 granted a variance for reduced indoor recreation space conditional upon amending the existing Site Plan Control Agreement. The condition has not been satisfied and the variance has no effect. A variance was also granted in August 1999 for reduced underground parking spaces for Phase 3.

Comments:

Phase 3 complies with the current provisions of Agincourt Community Secondary Plan and the Agincourt North Zoning By-law, as varied. The proposal however does not comply with the existing Site Plan Control Agreement which specifically requires three square metres per dwelling unit or 1,410 square metres (15,178 square feet) of indoor recreation space. The Ontario Municipal Board approved a reduced indoor recreation space requirement. Therefore, prior to final registration of the Phase 3 condominium, the existing Site Plan Control Agreement would need to be amended as it pertains to the recreation space requirement and the amending Official Plan and Zoning By-law Bills would need to be approved by the Board.

With the exception of the individual units and associated parking, all other areas and facilities of the development are to be held as common elements. As such, provisions ensuring mutual easements and rights-of-ways for vehicular and pedestrian movements, visitor parking, servicing and maintenance and recreational facilities need to be established.

All technical agencies circulated had no comments or their requirements have been incorporated into the conditions of approval.

Contact Name:

Sylvia Mullaste, Planner

Scarborough Civic Centre

Telephone: (416) 396-5244

Fax: (416) 396-4265

E-mail: mullaste@city.scarborough.on.ca

Ted Tyndorf, MCIP, RPP

Director of Community Planning, East District

SM/sm