Item - 2022.SC31.5
Tracking Status
- City Council adopted this item on May 11 and 12, 2022 without amendments and without debate.
- This item was considered by the Scarborough Community Council on April 25, 2022 and adopted without amendment. It will be considered by City Council on May 11 and 12, 2022.
- See also By-laws 913-2022, 914-2022
SC31.5 - Final Report - 113 to 141 Montezuma Trail - Zoning By-Law Amendment Application
- Decision Type:
- ACTION
- Status:
- Adopted on Consent
- Ward:
- 23 - Scarborough North
City Council Decision
City Council on May 11 and 12, 2022, adopted the following:
1. City Council amend City of Toronto Zoning By-law 569-2013, as amended, for the lands at 113 to 141 Montezuma Trail, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to report (April 4, 2022) from the Director, Community Planning, Scarborough District, and authorize the repeal of Zoning By-law 1777-2019.
2. City Council amend Agincourt North Scarborough Zoning By-law 12797, as amended, for the lands at 113 to 141 Montezuma Trail, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to the report (April 4, 2022) from the Director, Community Planning, Scarborough District, and authorize the repeal of Zoning by-law 1776-2019.
3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendments as may be required.
4. City Council authorize the City Solicitor to enter into an Agreement pursuant to Section 37 of the Planning Act, to ensure that the $125,000 secured in the existing Section 37 Agreement registered on title will continue to apply to the subject lands.
5. City Council direct that before introducing the necessary Bills to City Council for enactment, the applicant be required to:
a. submit a revised Functional Servicing and Stormwater Management Stage 1 Report and Site Servicing Plan to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and
b. enter into a Section 37 Agreement with the City, and that the Agreement is registered on title to the satisfaction of the City Solicitor.
Public Notice Given
Statutory - Planning Act, RSO 1990
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2022/sc/bgrd/backgroundfile-223969.pdf
(April 1, 2022) Notice of Public Meeting
https://www.toronto.ca/legdocs/mmis/2022/sc/bgrd/backgroundfile-224127.pdf
Communications (Community Council)
(April 18, 2022) E-mail from Simon Wei, including a petition containing the names of 106 persons (on file with the City Clerk) - Part 2 of 2 (SC.New)
(April 21, 2022) E-mail from Evelyn Cheng (SC.New)
(April 21, 2022) E-mail from Min Ling Lan (SC.New)
(April 21, 2022) E-mail from Anna Liang (SC.New)
(April 22, 2022) E-mail from Kim L. Evans (SC.New)
(April 22, 2022) E-mail from Al Talib (SC.New)
(April 24, 2022) E-mail from Moaz Jivraj (SC.New)
SC31.5 - Final Report - 113 to 141 Montezuma Trail - Zoning By-Law Amendment Application
- Decision Type:
- ACTION
- Status:
- Adopted
- Ward:
- 23 - Scarborough North
Public Notice Given
Statutory - Planning Act, RSO 1990
Community Council Recommendations
Scarborough Community Council recommends that:
1. City Council amend City of Toronto Zoning By-law 569-2013, as amended, for the lands at 113 to 141 Montezuma Trail, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to report (April 4, 2022) from the Director, Community Planning, Scarborough District, and authorize the repeal of Zoning By-law 1777-2019.
2. City Council amend Agincourt North Scarborough Zoning By-law 12797, as amended, for the lands at 113 to 141 Montezuma Trail, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to the report (April 4, 2022) from the Director, Community Planning, Scarborough District, and authorize the repeal of Zoning by-law 1776-2019.
3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendments as may be required.
4. City Council authorize the City Solicitor to enter into an Agreement pursuant to Section 37 of the Planning Act, to ensure that the $125,000 secured in the existing Section 37 Agreement registered on title will continue to apply to the subject lands.
5. City Council direct that before introducing the necessary Bills to City Council for enactment, the applicant be required to:
a. submit a revised Functional Servicing and Stormwater Management Stage 1 Report and Site Servicing Plan to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and
b. enter into a Section 37 Agreement with the City, and that the Agreement is registered on title to the satisfaction of the City Solicitor.
Decision Advice and Other Information
Scarborough Community Council held a statutory public meeting on April 25, 2022 and notice was given in accordance with the Planning Act.
Origin
Summary
This application proposes to amend the City of Toronto Zoning By-law No. 569-2013 as amended, and to amend Agincourt North Scarborough Zoning By-law No. 12797, as amended, to permit the construction of 81 residential dwelling units and 296 square metres of commercial uses at 113 to 141 Montezuma Trail.
A previous application to rezone the subject lands was approved by City Council in 2019 to permit the development of 37 dwelling units on the north part of the site (Block A) while retaining a portion of the existing plaza on the southern portion of the site (Block B). Through the approval of the development, a Section 37 contribution of $125,000 was secured to be directed towards area park improvements in Ward 23. This approved development has yet to be constructed.
Through this proposal, the applicant is seeking to extend the permission for a similarly composed townhouse development onto the southern portion of the site (Block B) and amending the approval for Block A to allow commercial units fronting on Alexmuir Boulevard. A total of 81 units are proposed over the entire site having a gross floor area of 9,486 square metres. The north portion of the site will include five commercial units at grade fronting onto Alexmuir Boulevard
The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020). The subject application contemplates a modest intensification of the site with residential and non-residential uses. The non-residential uses are intended to provide opportunities for day-to-day retail/commercial functions to serve the surrounding community. The proposal conforms to the applicable Official Plan policies and complies with the City's Townhouse and Low-Rise Apartment Guidelines through a built form that is compatible with the surrounding context.
This report recommends approval of the application to amend the Zoning By-laws. It also recommends that the City Solicitor be authorized to enter into a new section Section 37 Agreement to ensure that the amount of money secured in the existing Section 37 Agreement registered on title will continue to apply to the subject lands.
Background Information
https://www.toronto.ca/legdocs/mmis/2022/sc/bgrd/backgroundfile-223969.pdf
(April 1, 2022) Notice of Public Meeting
https://www.toronto.ca/legdocs/mmis/2022/sc/bgrd/backgroundfile-224127.pdf
Communications
(April 18, 2022) E-mail from Simon Wei, including a petition containing the names of 106 persons (on file with the City Clerk) - Part 2 of 2 (SC.New)
(April 21, 2022) E-mail from Evelyn Cheng (SC.New)
(April 21, 2022) E-mail from Min Ling Lan (SC.New)
(April 21, 2022) E-mail from Anna Liang (SC.New)
(April 22, 2022) E-mail from Kim L. Evans (SC.New)
(April 22, 2022) E-mail from Al Talib (SC.New)
(April 24, 2022) E-mail from Moaz Jivraj (SC.New)
Speakers
Tony Volpentesta, Partner, Bousfields Inc.
Sol Wassermuhl, IBI Group
Terry Wallace
Julia Gregoire