Monarch Construction Limited
5039 Finch Avenue East
Agincourt North Community
Ward 18 - Scarborough Malvern
The Scarborough Community Council recommends the adoption of the following report (September 29, 1999) from
the Director of Community Planning, East District:
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 City 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:
(1)Plan as stamped "Recommended" this date (see Figure 2).
(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 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;
(3)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;
(4)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; and
(5)the final Condominium Description and Declaration shall 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