Ontario Municipal Board Hearing

Loblaw Properties Limited, Deep Pocket Investments Inc.

Bellanada Holdings and L. & E. Savella

High Density Residential Uses on Lands bounded by

Eglinton Avenue, Victoria Park Avenue,

Craigton Drive and Pharmacy Avenue

Ward 14 - Scarborough Wexford

The Scarborough Community Council recommends that City Council:

(a)reaffirm the position taken by the Council of the former City of Scarborough at its meeting held on June 24, 1991, embodied in Clause 2 of Report No. 14 of the Planning Committee, under "A. Official Plan", Recommendations Nos. (1) through (5), subject to amending Recommendation No. (1) to read as follows:

"(1)Non-residential uses to a maximum density of 0.6 times the area";

so that such Recommendations shall now read as follows:

"A.Official Plan

That Council amend the Clairlea Secondary Plan with respect to the land on the north side of Eglinton Avenue between Victoria Park and Pharmacy Avenue, comprising approximately 6.7 hectares (16.6 acres), being Part of Lot 35, Concession D, Part of Block D, Registered Plan 4362 and Part of Block A, Registered Plan 4722, by deleting the existing designations and substituting a 'Commercial Mixed Use' designation, and adding the following numbered policies:

(1)Non-residential uses to a maximum density of 0.6 times the area.

(2)Amendments to the Zoning By-law to permit increased building height or density of development may require the provision of facilities, services or matters to improve the landscaping, pedestrian walkways, road improvements, transit related facilities, public utilities and/or community facilities available to the area residents and employees pursuant to Section 36 of the Planning Act.

(3)Scarborough Council and the owner of this property may also enter into an agreement under Section 36 of the Planning Act to ensure that the proposed development meets the provincial government's policy of providing 25 percent of the units as affordable housing.

(4)The public parkland and facilities for the development may be provided through Section 41(3) of the Planning Act which allows the use of an alternative requirement based on 1 hectare of land for every 300 dwelling units or a lesser amount, which may be taken as a cash payment in lieu of a conveyance.

(5)Development within the Eglinton/Victoria Park Gateway area shall implement overall Council-adopted design guidelines."; and

(b)direct the City Solicitor:

(i)to advise the Ontario Municipal Board that appropriate wording modifications to Recommendation No. (3) must be undertaken to reflect current City policy on the provision of affordable housing;

(ii)to advise the Ontario Municipal Board that the development densities permitted by Official Plan Amendment No. 811 are appropriate for the entire quadrant formed by Victoria Park Avenue, Craigton Drive, Pharmacy Avenue and Eglinton Avenue, if these lands are considered as a comprehensive and integrated set of development parcels which, if developed separately, need to have specific regard to each other in the Zoning By-law due to their interdependencies;

(iii)to advise the Ontario Municipal Board that Council reaffirms the statements in Official Plan Amendment No. 964 with respect to the requirements for transportation and servicing impact studies, the utilization of Holding (H) provisions and additional further avenues of financial compensation (which may include the use of Section 37 of the Planning Act); further, if the High Density designation is applied to those lands presently designated Medium Density Residential in the aforementioned quadrant, advise the Ontario Municipal Board that Official Plan Amendment No. 964 should apply to the entire quadrant; and

(iv)to request the Ontario Municipal Board that any decision on the Official Plan be withheld until the Section 37 agreement has been finalized.

The Scarborough Community Council submits the following report (May 12, 1999) from the City Solicitor:

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:

It is recommended 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, the former 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 Craigton 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