Item - 2025.SC21.3

The Scarborough Community Council recommends that:

1. City Council amend the Bendale Community Zoning By-law No. 9350 as amended, for the lands municipally known as 2655 Lawrence Avenue East substantially in accordance with the draft Zoning By-law Amendment included as Attachment 1 to the report (March 18, 2025) from the Director, Community Planning, Scarborough District.

2. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

The Scarborough Community Council held a statutory public meeting on April 3, 2025 and notice was given in accordance with the Planning Act.

This Report recommends approval of the application to amend the Zoning By-law for lands at 2655 Lawrence Avenue East to permit the construction of two residential buildings of 18 and 28-storeys respectively and a block of eight townhouses for a total of 412 residential units, along with 1,609 square metres of ground floor commercial space. A total of 519 vehicular parking spaces are proposed in two-levels of underground parking.

The application was previous considered and approved pursuant to recommendations in a Decision Report dated June 6, 2018 from the Director, Community Planning, Scarborough District for the same development permissions. In addition to amending the Zoning By-law, the recommendations from staff were to hold enactment of implementing Bills until a Section 37 Agreement was entered into. The package of recommendations was adopted by City Council at its meeting on July 23, 24, 25, 26, 27 and 30, 2018 as item 2018 SC 32.2.  However the Zoning By-law Amendment was never enacted by City Council as the required agreement was not executed and registered. In the intervening period, amendments to the Planning Act have changed the Section 37 regime under which community benefits are secured. These amendments removed the ability of municipalities to secure community benefits through the approval of additional height and density, instead implementing to the new Community Benefit Charge (CBC) framework currently in use.

While the application was approved the fact that the Bills were not enacted and brought into force means the previously recommended Zoning By-law Amendment needs to be adjusted to reflect the current Planning Act provisions. Furthermore, while no additional development permissions are sought, since a new decision of City Council is required to approve the Zoning By-law Amendment and enact the Bills, the matter must be reviewed against the current in-force Provincial Planning Statement 2024 (PPS 2024).

Staff can confirm that the proposal has been reviewed against the policies of the PPS (2024) and the Official Plan. Staff are of the opinion that the proposal is consistent with the PPS (2024). The recommended Zoning By-law Amendment has been adjusted to remove the previously secured Section 37 provisions as the Planning Act no longer allows them to be secured in the recommend matter. The applicant has elected not to provide in-kind contributions and the required CBC payment will be made to the City prior to building permit issuance.

The development is otherwise unchanged from what was recommended for approval in 2018. For other matters pertaining to staff’s opinion related to Official Plan conformity, particularly as it relates to the development criteria for Mixed Use Areas the analysis is adopted as provided in the previous staff report:

https://secure.toronto.ca/council/agenda-item.do?item=2018.SC32.2

Staff recommend the Draft Zoning By-law Amendment be approved by City Council to allow for the delivery of the proposed development.