Official Plan Amendment Application SC-P19990010
Zoning By-law Amendment Application SC-Z19990018
Teblie Enterprises Inc., 2899 Eglinton Avenue East
Eglinton Community
(Ward 15 - Scarborough City Centre)
The Scarborough Community Council, after considering the deputations and
based on the finding of fact, conclusions and recommendations contained in the
report, dated December 9, 1999, from the Director of Community Planning, East
District, recommends that the report of the Director of Community Planning,
East District, be adopted, subject to the following amendments:
(1) under (A) Official Plan, amend Recommendation (2) (16) (2) by
striking out the words "the City's Capital Revolving Fund for
Affordable Housing" and substitute in lieu thereof the words "the
City"; and
(2) under (B) Zoning By-law, amend Recommendation (3) (3.1.1.) by
striking out the words "The funds will be directed to the City's
Capital Revolving Fund for Affordable Housing" and substitute in
lieu thereof the following:
"Twenty-five percent of the funds will be directed to the
City's Capital Revolving
Fund for Affordable
Housing and seventy-five
percent of the funds will
be directed to support the
proposed McCowan Road
Park".
The Scarborough Community Council reports
having held a statutory public meeting on
January 18, 2000, in accordance with Section 17
and Section 34 of The Planning Act and the
regulations thereunder.
The Scarborough Community Council submits the following report (December 9, 1999) from
the Director of Community Planning, East District:
Purpose:
This report recommends approval of applications for amendments to the Official Plan and Zoning By-law to permit a 397 unit apartment development on a 1.2 hectare (3 acre) property at the south-west
corner of Eglinton Avenue and McCowan Road. The overall density of the project represents a
maximum gross floor area of 2.7 times the lot area. The current Official Plan and Zoning for this site
provide for this intensity of use. However, this is based on a formula linking the construction of
residential development to the provision of office space, with a maximum of 215 residential dwelling
units.
Financial Implications and Impact Statement:
None.
Recommendations:
It is recommended that City Council:
(A) Official Plan:
amend the Eglinton Community Secondary Plan with respect to the land at the south-west corner
of Eglinton Avenue and McCowan Road by:
(1) deleting the following from Numbered Policy 7:
"Within 35 metres from Eglinton Avenue East, the following provisions also apply:
A maximum residential density of 181 units per hectare is permitted. Office, retail and
residential uses are permitted to a maximum density of 2.7 times the area of the site.";
(2) adding a new Numbered Policy 16 as follows:
"(16) South-West Corner of Eglinton Avenue and McCowan Road
(1) Within the Commercial Mixed Use designation, High Density
Residential development may be permitted to a maximum density of
330 units per hectare (134 units per acre). The overall site density shall
not exceed 2.7 times the area of the site.
(2) Amendments to the Zoning By-law to increase the height or density
of development will, pursuant to Section 37 of the Planning Act
1983, require a financial contribution to the City's Capital Revolving
Fund for Affordable Housing.";
(B) Zoning By-law:
amend the Eglinton Community Zoning By-law No. 10048, as amended, with respect to the
land located at the south-west corner of Eglinton Avenue and McCowan Road being Part of
Lot 23, Concession C, more particularly described as Parts 1 to 7 and Part 23 on Plan 66R-16051, known municipally as 2899 Eglinton Avenue East, as follows:
(1) Permitted Uses:
Retain the existing "Apartment Residential," Neighbourhood Commercial" and
"Office Uses" zoning with the same prohibited uses (automobile service stations,
restaurants and banquet halls).
(2) Performance Standards:
(2.1) gross floor area of buildings shall not exceed 2.7 times the site area;*
(2.2) maximum number of dwelling units 397;
(2.3) gross floor area of retail uses shall not exceed 860 square metres
(9,250 square feet);*
(2.4) maximum height of all buildings 55 metres (180 feet);
(2.5) minimum streetline building setback 3 metres (10 feet); canopies and
supporting columns may be erected to the streetline;
(2.6) underground parking garages may be erected to the streetline;
(2.7) indoor recreational floor space shall be provided on the basis of a minimum
of 1 square metre (11 square feet) per dwelling unit once a minimum of
150 units are constructed on the site;
(2.8) parking shall be provided on the following basis:
a minimum 1.4 parking spaces per dwelling unit* of which 0.2 parking
spaces per dwelling unit may be provided in tandem (amounts to 80 parking
spaces permitted in tandem);
(2.9) the provisions of this By-law shall apply collectively to the existing site
notwithstanding its division into two or more parcels.*
* Indicates existing Performance Standards to be maintained.
(3) Matters to be Provided Under Section 37 of the Planning Act, R.S.O 1983:
(3.1) the maximum density as described in Sections 2.1 and 2.2 above shall be
permitted in exchange for the provision of the facilities, services or matters
as follows:
(3.1.1) the payment of a maximum of $297,750.00 based on a project build-out of 397 residential units. The amount to be paid shall be
calculated on the basis of $750.00 for every dwelling unit for which
a building permit is issued, with payment due upon permit issuance.
The funds will be directed to the City's Capital Revolving Fund for
Affordable Housing; and
(3.1.2) the owners of the land shall enter into one or more agreement(s) with
the Corporation of the City of Toronto pursuant to Section 37 of the
Planning Act, R.S.O. 1983, to secure the facilities, services and
matters referred to in Section 3.1.1 herein, which agreement shall be
registered on title to the lands to which this By-law applies prior to
the issuance of any building permits.
(C) Miscellaneous:
authorize any unsubstantive technical, stylistic or format changes to the Official Plan and
Zoning By-law Amendments as may be required to give effect to this resolution.
Background:
Efforts to introduce residential development on this property date back to 1984 when Heathcliffe
Developments sought and obtained an amendment to the Official Plan to designate the subject lands
Commercial Mixed Use. Under this designation, High Density Residential Uses could be developed
to a maximum density of 150 units per hectare (60 units per acre) in addition to the permissions for
office and commercial uses. Heathcliffe Developments also owned the abutting lands to the south,
and between 1985 and 1989, constructed two apartment buildings each of which is 19 storeys in
height and contains 300 apartment units.
In 1989, Reemark McCowan Commercial Ltd. submitted applications to amend the Official Plan and
Zoning By-law for the subject lands to permit an increase in residential density from 150 units per
hectare (60 units per acre) to 181 units per hectare (73 units per acre) and an increase in the overall
permitted gross floor area from 1.9 times the lot area to 2.7 times the lot area. In 1993, the former
Scarborough Council enacted Official Plan and Zoning By-law amendments which provided for this
increase in density. However, the By-law required the provision of a minimum 7,965 square metres
(85,740 square feet) of office development in order to construct the maximum 215 residential units
permitted. During this period, the subject lands came into the ownership of Teblie Enterprises Inc.
Commercial Devco Inc., the current applicant, has entered into an Agreement of Purchase and Sale
for the acquisition of the subject lands. The applicant's proposal consists of 397 apartment units to
be accommodated in 3 connected buildings (see Figure 2). The easterly building, at the corner of
Eglinton Avenue and McCowan Road, is the highest element of the project at 16 storeys in height
tiering down to 8 storeys at its south end. The middle building will be 7 storeys in height while the
westerly building will be 11 storeys tiering down to 8 storeys. The elevation treatment for the
Eglinton Avenue frontage as well as the south side of the development is shown on Figures 3 and
4.
Unit sizes range from 48 to 99 square metres (520 to 1,065 square feet) with the average unit size
in the project being 69 square metres (740 square feet). A variety of residential products are
contemplated including studio, one and two bedroom apartments as well as loft-style units.
Extensive recreational facilities to serve the occupants of the development including a pool, exercise
room, billiard room, library and party room will be provided on the ground floor of the middle
building. In addition to landscaped open space at the rear of the buildings, various play areas for
children are planned as well as roof-top gardens for upper floor units.
The applicant advises that he will be seeking condominium ownership for the development. His
intention is to construct the westerly and central buildings during the first phase of development with
the easterly corner building following according to market interest.
As a result of the original joint ownership of this parcel with the lands to the south containing the
two high-rise buildings, there are a variety of servicing and access easements on the subject lands.
These easements will be respected by the siting of buildings away from these areas. In addition, an
existing watermain at the rear of the property which services one of the two apartment buildings to
the south will be maintained although relocation and replacement of the line may be necessary.
Comments:
Consistency with the Official Plan:
The subject lands are within the "New Opportunities Area" of the Eglinton Community Secondary
Plan (between Kennedy Road and Midland Avenue) and are currently designated Commercial Mixed
Use. The Plan promotes a variety of land uses along the Eglinton Avenue frontage and higher
densities to support transit use. This is in recognition of the area's strategic location between the
Kennedy Subway Station approximately 3 kilometres to the west at Eglinton Avenue and Kennedy
Road, and the Eglinton Go Station to the east at Eglinton Avenue and Bellamy Road within walking
distance of the subject lands. Moreover, the Official Plan calls for an urban design treatment which
places priority on the quality of the streetscape, pedestrian comfort and relegation of parking areas
away from Eglinton Avenue.
The applications conform to this policy direction. The densities are appropriate given the location
of the site at the corner of two major arterial roads and its proximity to the Subway and Go Transit
Stations. The densities on site have been accommodated in a sensitive fashion with the highest
16 storey element at the corner of the site. The gradation of heights for the various buildings ranging
from 7-16 storeys adds to the visual interest and presentation of the development and complements
the existing 19 storey buildings to the south. Surface parking, where provided, is at the south end
of the site away from the streetscape.
The elimination of the Zoning By-law Performance Standard tying residential development to office
development is being recommended in recognition of market realities. Staff concur with the
applicant's submission that had this site been an appropriate location for office development, it
would have been developed in the approximately 15 years that office opportunities have existed.
A primary impediment is the absence of a direct link from the site to Highway 401. Another factor
has been the lack of critical mass of office development in the surrounding area. This situation has
been discussed with staff from the Economic Development Division who concur with this analysis.
Community Consultation
A Community Meeting regarding this proposal was conducted on September 30, 1999, and attended
by approximately 70 people. These were mainly residents from the abutting condominiums to the
south. The proposed tenure of the project was of interest and those in attendance supported the
applicant's proposal for a condominium project.
Discussion took place about the capacity of local roads to accommodate the new residents.
Transportation staff advise that traffic volumes for this project are anticipated to be equal to, if not
lower than, the traffic generated by the combined office/residential development provided for under
the existing zoning. This also applies to traffic volumes on Landmark Boulevard which is shared
with the condominiums to the south. Another consideration is the high level of transit service
available to this site which, particularly at peak periods, should result in reduced automobile usage.
Residents at the meeting raised concerns regarding the infiltration of traffic into the existing
condominiums to the south. The applicant responded by agreeing to leave the two sites distinct and
to not construct a westerly driveway link between the two projects. The existing easement in this
regard, however, will remain so that this link can be constructed in the future if desired by all parties.
Concern regarding the impact of the project on local school capacities was raised. Staff have
attempted to ascertain local school capacities and projections of future enrolment, however there has
been no response from the Toronto Public School Board to date. The Toronto Catholic District
School Board has advised of concerns regarding the overcrowding and lack of permanent facilities
at area schools. The number of school children to be generated from this project is anticipated to
be low given that 50 percent of the units are one bedroom units or smaller. Moreover, the zoning
already provides for 215 units. Given the phased nature of this project, this should allow sufficient
time for the School Boards to develop long-term plans for the accommodation of students emanating
from this development and make adjustments if necessary.
The adequacy of visitor parking was also raised as an issue. In response to this, as well as to ensure
existing easements are respected, the applicant has eliminated the townhouses originally proposed
at the rear of the site and replaced them with visitor parking.
Finally, a number of site planning issues including the location of servicing areas, the interim site
treatment during the phasing of construction and the provision of outdoor play areas were raised.
These matters have been addressed in the Site Plan Control submission recently filed by the
applicant.
Parks Contribution
The Economic Development, Culture and Tourism Department advises that a 5 percent cash
contribution will be required in lieu of parkland dedication for this project. They also support the
requirement for a minimum of 1 square metre (11 square feet) of indoor recreational space to be
provided for each unit. The recreational space for the project will be provided in the middle
building. Although the applicant is intending to construct this building as part of the first phase, it
is possible that construction may be delayed due to market conditions. The Performance Standard
in this regard has therefore been crafted such that the requirement to provide indoor recreational
space only comes into effect after the first 150 units (i.e., the westerly building) have been
constructed.
Affordable Ownership Housing
The applicant's intention is to market this development to potential purchasers looking for affordable
ownership housing. They are hoping to deliver a product which in the current mortgage environment
would allow local residents in rental accommodation to move into home ownership with very little,
if any, increase in monthly expenses. This objective is desirable given the current market
impediments hampering the provision of affordable ownership housing.
Project Design
A preliminary review of the site plan submission indicates a quality project with interesting
elevation, roof line and streetscape treatments. This development, following the recent construction
of a Home Depot store at the south-east corner of Eglinton Avenue and McCowan Road and new
subdivision activity to the south, has the potential to contribute substantially to the enhancement of
the area and act as a catalyst for improvement of the Eglinton Avenue streetscape, particularly to the
west of the site.
Section 37 Contribution
Although the applicant is not seeking an increase in the overall intensity of use currently applying
to this property, the applications request an increase in the permitted residential density from 181
units per hectare (73 units per acre) to 330 units per hectare (134 units per acre). Furthermore, the
applications request an increase in the maximum permitted height from 45 to 55 metres (148 to
180 feet). Given the increase in height and density, a contribution to the City's Capital Revolving
Fund for Affordable Housing under the authority of Section 37 of the Planning Act has been
negotiated.
In July 1998, City Council directed that a fund for affordable housing be established to provide
financial support to projects that demonstrate the City's role in facilitating the creation of affordable
housing. City Council approved the establishment of the Capital Revolving Fund for Affordable
Housing in early February 1999. At its May 11 and 12, 1999 meeting, when considering the
recommendations of the Mayor's Homelessness Action Task Force Final Report (the Golden
Report), Council adopted a number of recommendations, one of which was a direction to City staff
to secure cash contributions to the Capital Revolving Fund through the use of Section 37 of the
Planning Act on a City-wide basis.
A City-wide policy for the use of Section 37 is currently being developed. In this interim period,
a contribution of $297,750.00 on the basis of a full build-out of 397 units has been negotiated. This
translates to $1,636.00 per unit for the increase in density from a maximum of 215 units to 397 units.
In order to spread the payment for the applicant and to allow the City to benefit from the contribution
from the start of construction on this site, a payment schedule has been negotiated whereby the
applicant will contribute $750.00 for every unit developed on this site. The payment will be
collected at the time of building permit issuance.
The securing of up to $297,750.00 for the Capital Revolving Fund for Affordable Housing is a
significant achievement in a successful negotiation with the applicant. Since this negotiation has
taken place in the absence of a City-wide Section 37 policy, there may be certain aspects of the
agreement which may not reflect the future City-wide policy ultimately recommended by staff to
Council. Not all elements of this or any other Section 37 agreement negotiated in this interim period
should be regarded as a precedent for future City-wide policy.
Conclusions:
The subject lands have remained vacant through various active real estate market cycles which have
provided opportunities for development. The subject applications propose a desirable project which
will complement the area and contribute to upgrading efforts already underway. The densities and
height are consistent with the apartments to the south which were originally part of this ownership.
The project conforms to the policy direction in the Official Plan which supports high density
development in the vicinity of transit stations and which reflects good urban design. The project
features well-designed housing with an array of interesting amenities and is attempting to cater to
a segment of the population which typically has difficulty entering the ownership housing market.
For these reasons, approval of the applications is recommended.
Contact:
Ms. Jayne Naiman, Senior Planner
Scarborough Civic Centre
Telephone: (416) 396-7040
Fax: (416) 396-4265
E-mail: naiman@toronto.ca