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TABLE OF CONTENTS

REPORTS OF THE STANDING COMMITTEES

AND OTHER COMMITTEES

As Considered by

The Council of the City of Toronto

on February 4, 5 and 6, 1998

SCARBOROUGH COMMUNITY COUNCIL

REPORT No. 1

1Preliminary Evaluation ReportOfficial Plan Amendment Application P970211098748 Ontario Limited, Agincourt Centre CommunityScarborough Agincourt

2Other Items Considered by the Community Council

City of Toronto


REPORT No. 1

OF THE SCARBOROUGH COMMUNITY COUNCIL

(from its meeting on January 21, 1998,

submitted by Councillor Lorenzo Berardinetti, Chair)


As Considered by

The Council of the City of Toronto

on February 4, 5 and 6, 1998


1

Preliminary Evaluation Report

Official Plan Amendment Application P97021

1098748 Ontario Limited, Agincourt Centre Community

Scarborough Agincourt

(City Council on February 4, 5 and 6, 1998, adopted this Clause, without amendment.)

The Scarborough Community Council, having regard for the fact that this Application does not conform to the intent and purpose of the existing Official Plan which was adopted and approved as a result of an extensive Land Use Study previously undertaken on these lands, recommends that Council adopt the position to refuse the subject Official Plan Amendment Application, and direct the Interim Functional Lead, Legal Services, to represent this position at the Ontario Municipal Board.

The Scarborough Community Council submits the following report (January 19, 1998) from the Interim Functional Lead, Planning:

Purpose:

An Official Plan Amendment application has been submitted to the City for the Agincourt Mall property specifically proposing to amend Official Plan Policy 4.3.3.1 of the Agincourt Centre Secondary Plan (Numbered Policy for the Agincourt Mall site) by adding the following new section1.7:

1.7 "Subject to policy 1.2 of section 4.3.3.1 above, and notwithstanding section 19 of this Plan, a maximum of 970 residential units shall be permitted on the Agincourt Mall site."

(see attached Policy 4.3.3.1 and Section 19 of the Agincourt Centre Secondary Plan)

The application was submitted to the City on October 3, 1997, following the last scheduled Council Meeting of the former City of Scarborough and was subsequently appealed to the Ontario Municipal Board on November 18, 1997 by the applicant, on the basis that Council failed to give notice of a public meeting under subsection 17(15) of the Planning Act within 45 days after the request was received.

This same owner has appealed two Zoning By-law Amendment applications to permit the 970dwelling units on the basis of the former Council of the City of Scarborough's refusal to hold a Public Meeting and make a decision on the applications.

On November 7, 1997, a prehearing held by the Ontario Municipal Board with respect to the zoning appeals, established participants, issues and dates for a second prehearing (March 2, 1998) and the full hearing, May 4, 1998. It is expected that this Official Plan Amendment (P97021) will be consolidated with the zoning appeals by the Ontario Municipal Board.

The applicant does not feel an Official Plan change is needed but has submitted the Official Plan Amendment out of an abundance of caution in order to ensure that all the merits of their proposal can be considered as part of their rezoning appeals.

As presented in our previous planning reports pertaining to the rezoning applications we remain of the opinion that the Official Plan Amendment is not required. If approved, by the Board, the integrity of the Agincourt Centre Community Secondary Plan policies will be maintained.

Recommendation:

For the information of the Scarborough Community Council.

Comments:

(1) It has been more than two years, four applications, several staff reports, community meetings, and numerous Committee and Council Meetings since a proposal to develop Agincourt Mall was formally submitted to the City by the current owner (see brief chronology of the proposal attached). The applicant has previously submitted two rezoning applications to the City proposing the 970 dwelling units along with an additional 57,000mē(614,000 sq ft) of commercial development, including an expanded retail component, cinemas, entertainment uses and a hotel, bringing the total non-residential space on the site to approximately 80,000mē (860,000 sq ft).

The total gross floor area of the proposal including the existing Agincourt Mall would amount to approximately 1.5 times the site area of the Agincourt Mall property. In terms of residential density, the proposed 970 dwelling units translates into 79 units per hectare (32units per acre) on the entire Agincourt Mall property. By way of comparison, the overall density on the Tridel site on the north side of Bonis Avenue amounts to 256 units per hectare (104units per acre).

(2) As outlined in previous Preliminary Evaluation reports prepared by Planning staff for the rezoning applications, the proposal is consistent with the Commercial Mixed Use Official Plan designation on the subject lands which provides for a variety of residential, office, commercial, hotel and community facility uses. The designation on the subject lands provides for a pre-subway density of 1.5 times the site area for all uses combined including high density residential up to 150 units per hectare (60 units per acre). A numbered policy provides for a maximum of 500 residential units on the entire Agincourt Mall site with additional residential units considered upon the developer's commitment to build a total of 80,000 mē (860,000 sq ft) of non-residential space on this site.

(3) A Public Meeting was held for a City-initiated Zoning By-law Amendment application to zone the northern portion of the property residential. City-initiated By-law 25091 which zones the northern portion of the subject lands residential to a maximum of 250 dwelling units has also been appealed by the owner to the Ontario Municipal Board.

(4) On January 16, 1998, the City received a Site Plan Control application for the proposed 470residential units on the northern portion of the property. The owner has made siting and design revisions to the proposal in the hope that a settlement may be reached with the new City Council as well as other interested parties. The changes include the shifting of the apartment buildings to the south by approximately 6m (20 ft), deleting the amenity building and relocating the amenity space in the apartment buildings thereby increasing the amount of open space, and reducing the number of townhouse units and creating an open space feature adjacent to Bonis Avenue at the north-east portion of the lands. The applicant advises that a consent application to sever the lands on which this first phase is proposed will also be submitted to the City shortly.

Contact Name:

Joe Nanos, Planner

Tel: (416) 396-7037

Fax: (416) 396-4265

e-mail: nanos@city.scarborough.on.ca

CHRONOLOGY - AGINCOURT MALL

Dec. 1995 Zoning By-law Amendment Application Z95058 proposing 500 residential dwelling units on the northern 1.7 ha (4.1 acres) of the Agincourt Mall property submitted to the City.

May 28, 1996 Preliminary Evaluation report for Z95058 considered by Council. Council directs application be processed subject to applicant submitting a master plan for the entire site as well as traffic and community impact reports.

Oct. 31, 1996 Z95058 application amended by proposing to increase commercial density from 28 percent to 30 percent of the site area to accommodate supermarket anchor expansion.

Jan. 7, 1997 Preliminary Evaluation report numbers 2 and 3 considered by Council. Council directs staff to prepare a notice for a Public Meeting to rezone the northern portion of the property at 60 units per acre (250 dwelling units).

Jan. 16, 1997 Applicant appeals Z95058 to the Ontario Municipal Board on the basis of Council's refusal to make a decision on the application.

Mar. 4, 1997 City-initiated Zoning By-law Amendment application Z97005 to rezone the northern portion of the property to residential approved by Council at a Public Meeting. By-law 25091 passed by Council on April 29, 1997, implements Council's resolution to permit 250 dwelling units on the northern portion of the property.

Mar. 10, 1997 Zoning By-law Amendment application Z97015 proposing an additional 50,670 m2 (545,500 sq ft) of commercial development, including an expanded retail component, cinemas, entertainment uses and a hotel, as well as 500residential units on the west portion of the property submitted to the City.

Z95058 amended by reducing residential component to 470 dwelling units.

May 21, 1997 By-law 25091 appealed to the Ontario Municipal Board by the owner of the property.

Jun. 10, 1997 Preliminary Evaluation report for Z97015 considered by Council. Council directs application be processed subject to applicant submitting traffic, community and servicing impact studies, and the applicant requested to amend the application such that no residential block shall exceed 60 units to the acre.

June 19, 1997 Z97015 appealed to the Ontario Municipal Board by the applicant on the basis of Council's refusal to make a decision on the application.

Oct. 3, 1997 Official Plan Amendment application P97021 proposing to add a new section to the Agincourt Centre Secondary Plan for the purpose of confirming that a maximum of 970 residential dwelling units shall be permitted on the Agincourt Mall site prior to the construction of the Sheppard Subway.

Nov. 7, 1997 Pre-hearing held by the Ontario Municipal Board on zoning appeals to establish parties, participants, issues, and dates for second pre-hearing and hearing.

Nov 18, 1997 P97021 appealed to the Ontario Municipal Board by the applicant on the basis of Council's refusal to make a decision on the application.

(A copy of Policy 4.3.3.1 and Section 19 of the Agincourt Centre Secondary Plan, referred to in the foregoing report, was forwarded to all Members of Scarborough Community Council with the Agenda of the Scarborough Community Council meeting of January 21, 1998, and a copy thereof is on file in the office of the City Clerk.)

2

Other Items Considered by the Community Council

(City Council on February 4, 5 and 6, 1998, received this Clause, for information.)

(a) Community Council Briefing

The Scarborough Community Council reports having:

(1) received a briefing by a staff team lead by Mr. Barry Gutteridge, Acting Executive Director, Emergency and Protective Services, and Interim Service Area Lead, outlining the responsibilities, authority, relation to City Council and decision-making process that the Community Council may expect to follow;

(2) received verbal presentation by Mr. M.A. Price, former Acting City Manager, and Interim Functional Lead, Waste Management, on issues outstanding from the former City of Scarborough Council; and

(3) requested that reports on the following matters be provided to the next meeting of the Scarborough Community Council on February 18, 1998, under the co-ordination of the Interim Service Area Lead:

(i) a process to review the future use of the Scarborough Civic Centre and environs;

(ii) a briefing on the Scarborough budget and its integration into the Toronto process;

(iii) the current organizational structure in Scarborough;

(iv) the best practices associated with the former Scarborough government functions;

(v) a process to recommend a service standards and by-law harmonization review;

(vi) the procedure for Site Plan and Consent approvals;

(vii) the status of the decision to clear windrows and the response of the Financial Advisory Board, including comments from Legal Services;

(viii) a review of the aforementioned issues raised by Mr. M.A. Price, viz:

Scarborough Community Complex;

Scarborough Theatre/Art Gallery;

Scarborough Children's Safety Village;

Rouge Alliance; and

including a process for examining the future use of the Scarborough Civic Centre as a Theatre/Art Gallery/Central Library/Cultural Centre;

(ix) the Statutory Powers and Procedures Act, including the rules governing Fair Hearings and the list of Acts under which Fair Hearings must be held by this Community Council; and

(4) requested that the City Clerk initiate the process necessary to allow for the appointment of the new Committee of Adjustment and to delegate the authority for Consents.

(b) Preliminary Evaluation Report

Zoning By-law Amendment Application Z97058

2351 Kennedy Road Inc., Agincourt Centre Community

Scarborough Agincourt

The Scarborough Community Council reports having:

(1) approved the following report;

(2) requested the Interim Functional Lead, Planning, to convene a meeting with Councillors Mahood and Shaw and the applicant, prior to the Community Information Meeting, and submit a report to the next meeting of the Community Council on February 18, 1998, addressing the minimum unit sizes for commercial space, appropriate parking standard for small commercial units and examples of where this type of development has been successfully introduced before; and further, the issue of deliveries and their impact on the surrounding residential area.

(January 8, 1998) from the Interim Functional Lead, Planning, recommending that the Community Council convene a Public Meeting to consider this application, targeted for the second quarter of 1998, subject to:

(i) the applicant submitting a Traffic Impact Study; and

(ii) staff convening a Community Information Meeting to be scheduled following submission of (1) above; notice for this meeting to be provided within 200metres (400 feet) of the subject property and to the Central Agincourt Community Association.

(c) Preliminary Evaluation Report No. 3

Zoning By-law Amendment Application Z97010

Ansar Investments Limited (1096759 Ontario Inc.)

Malvern Community, Scarborough Malvern

The Scarborough Community Council reports having approved the following report, subject to striking out the words "in the second quarter of 1998" and substituting therefor the words "on April 1, 1998".

(January 7, 1998) from the Interim Functional Lead, Planning, recommending that Community Council convene the Public Meeting for this application in the second quarter of 1998.

(d) Consent Applications

Scarborough Agincourt, Scarborough Malvern, Scarborough Wexford, Scarborough City Centre, Scarborough Highland Creek and Scarborough Bluffs

The Scarborough Community Council reports having received the following report:

(January 8, 1998) from the Interim Functional Lead, Planning, submitting, for the information of Community Council, the Consent applications approved by the Commissioner, Planning and Buildings, in accordance with the authority delegated to him by Council.

(e) Site Plan Control Approvals

Scarborough Agincourt, Scarborough Malvern,

Scarborough Wexford, Scarborough City Centre,

Scarborough Highland Creek and Scarborough Bluffs

The Scarborough Community Council reports having received the following report:

(January 8, 1998) from the Interim Functional Lead, Planning, advising of the Site Plan Control Applications granted final approval.

(f) Ontario Municipal Board Hearings

Scarborough Agincourt, Scarborough Malvern,

Scarborough Wexford, Scarborough City Centre,

Scarborough Highland Creek and Scarborough Bluffs

The Scarborough Community Council reports having received the following report:

(January 8, 1998) from the Interim Functional Lead, Planning, advising of the Status of Appeals before the Ontario Municipal Board.

(g) New Applications Received

The Scarborough Community Council reports having received the following report:

(January 8, 1998) from the Interim Functional Lead, Planning, advising of the new applications received following the Municipal Election break to December 31, 1997.

(h) Bell Canada Telephone Booth Advertising

The Scarborough Community Council reports having:

(a) received the following communication:

(January 13, 1998) from the City Clerk, inviting Members of the Community Councils and all other interested parties to appear before the February 9, 1998, meeting of the Urban Environment and Development Committee regarding illuminated commercial advertising on telephone booths;

(b) recommended to the Urban Environment and Development Committee that consideration of the issue of illuminated commercial advertising on telephone booths be deferred, and Community Council input be sought before the Urban Environment and Development Committee deals with this issue; and

(c) requested the Interim Functional Lead, Transportation, to submit a report to Urban Environment and Development Committee providing background information indicating the position taken on this matter by the former City of Scarborough Council, such information to be also provided to all Members of Scarborough Community Council; and including the position taken by the former Scarborough Council regarding advertising on bus shelters.

________

Councillor Bas Balkissoon, Scarborough Malvern, declared his interest in the foregoing matter in that he is still an employee of Bell Canada.

(Councillor Balkissoon, at the meeting of City Council on February 4, 5 and 6, 1998, declared his interest in Item (h), headed "Bell Canada Telephone Booth Advertising", embodied in the foregoing Clause, in that he is an employee of Bell Canada.)

(Councillor Giansante, at the meeting of City Council on February 4, 5 and 6, 1998, declared his interest in Item (h), headed "Bell Canada Telephone Booth Advertising", embodied in the foregoing Clause, in that his wife is an employee of Bell Canada.)



Respectfully submitted,

LORENZO BERARDINETTI,

Chair

Toronto, January 21, 1998

(Report No. 1 of The Scarborough Community Council, including additions thereto, was adopted, without amendment by City Council on February 4, 5 and 6, 1998.)

 

   
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