Item - 2009.SC27.24
Tracking Status
- City Council adopted this item on August 5 and 6, 2009 without amendments and without debate.
- This item was considered by Scarborough Community Council on June 9, 2009 and was adopted with amendments. It will be considered by City Council on August 5 and 6, 2009.
- See also By-laws 738-2009, 739-2009
SC27.24 - 3201 - 3227 Eglinton Avenue East - Zoning, Official Plan and Plan of Subdivision Applications - Final Report
- Decision Type:
- ACTION
- Status:
- Adopted on Consent
- Ward:
- 36 - Scarborough Southwest
City Council Decision
City Council on August 5 and 6, 2009, adopted the following:
1. City Council amend the Official Plan substantially in accordance with the draft official plan amendment attached as Attachment 8 to the report (May 22, 2009) from the Director, Community Planning, Scarborough District.
2. City Council amend Zoning By-law 10010 substantially in accordance with the draft zoning by-law amendment attached as Attachment 9 to the report (May 22, 2009) from the Director, Community Planning, Scarborough District, subject to amending Attachment 9 as follows:
"The final bill prepared for adoption by Toronto City Council shall reflect and give effect to the following changes:
1. Total unit count for each phase may fluctuate by a 10 percent increase or decrease per phase of development, notwithstanding the total residential unit count for all three phases may not exceed 1057 units, and 97,726 square metres of residential gross floor area.
2. Minimum 0.0 metre setback for underground parking structures.
3. The park in Phase 2 may continue to be used as parking for existing commercial development until developed as a park.
4. An outdoor balcony or terrace is to be provided for 80 percent of dwelling units.
5. Maximum Gross Floor Area for Community Commercial (CC) uses in all three phases be modified to reflect the existing commercial floor space so that these uses may continue lawfully as the phased development is constructed. As the existing commercial space is demolished, the permission for newly constructed Community Commercial (CC) uses in the draft by-law will reflect the Master Plan and the new Community Commercial (CC) permissions proposed in the draft by-law.
6. The Zoning By-law shall provide for a minimum setback from Eglinton Avenue East of 3.0 metres.
7. A temporary sales office for the sale of residential dwelling units contemplated by the By-law is permitted without parking or building setback restrictions for the purpose of selling residential units.
8. Under the Section 37 Section, Performance Standard 380, add the words "increased by the Construction Price Index" so section (b) now reads as follows:
'(b) The owner of the lands shall enter into one or more agreements with the City of Toronto, increased by the Construction Price Index, provided pursuant to Section 37 of the Planning Act, RSO 1990, c.P 13, as amended, to secure the facilities, services and matters referred to in Section (a), which agreement shall be registered as a first charge on title to the lands to which this By-law applies.'
Council has determined, that pursuant to s.34 (17) of the Planning Act, no further notice is required to be given of the changes to the draft by-law."
3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft official plan amendment and draft zoning by-law amendment as may be required.
4. City Council adopt the Urban Design Guidelines attached as Attachment 11 to the report (May 22, 2009) from the Director, Community Planning, Scarborough District, to guide the implementation of the Markington Square development.
5. City Council determine that the development of the lands at 3201 - 3227 Eglinton Avenue East addresses the objectives and policies of the Official Plan for these segments of Eglinton Avenue East and Kingston Road, and that development can proceed prior to the completion of Avenue Studies.
6. Before introducing the necessary Bills to City Council for enactment, the Owner be required to enter into an agreement and, pursuant to Section 37 of the Planning Act, to include:
a. a cash contribution prior to the issuance of building permits, in a form satisfactory to the Chief Financial Officer and City Treasurer, of $1,100,000.00 to be used as a contribution towards:
i. $350,000 in Phase 1 for an addition at the Scarborough Village Community Recreation Centre or other community programming space.
ii. $250,000 in Phase 2 for an addition at the Scarborough Village Community Recreation Centre or other community programming space.
iii. $250,000 in Phase 2 for parkland improvements for the park to be provided in Phase 2.
iv. $250,000 in Phases 1 and 2 for enhanced streetscape improvements in both phases, or community programming space at the discretion of the City.
b. upon application for the first building permit, the City would require a pre-payment in a form satisfactory to the Chief Financial Officer and City Treasurer, for the Indoor Recreation Facilities Portion of the Parks and Recreation Component of the City's Development Charges for Phase 1; and
c. upon application for the first building permit, the City would require a pre-payment in a form satisfactory to the Chief Financial Officer and City Treasurer, for the Outdoor Park Portion of the Parks and Recreation Component of the City's Development Charges for Phase 1.
7. City Council recommend to the Chief Planner and Executive Director that the draft plan of subdivision be approved, generally as illustrated in Attachment 6 to the report (May 22, 2009) from the Director, Community Planning, Scarborough District, subject to:
a. the conditions generally listed in Attachment 10 to the report (May 22, 2009) from the Director, Community Planning, Scarborough District, which except as otherwise noted, must be fulfilled prior to the release of the plan of subdivision for registration; and
b. such revisions to the proposed plan of subdivision or additional or modified conditions as the Chief Planner may deem to be appropriate to address matters arising from the ongoing technical review of the development.
Statutory - Planning Act, RSO 1990
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2009/sc/bgrd/backgroundfile-21462.pdf
Communications (Community Council)
(May 25, 2009) E-mail from Catharine Watters (SC.Main.SC27.24.2)
(May 25, 2009) Fax from Stephen Liu (SC.Main.SC27.24.3)
(May 25, 2009) Fax from Polly Wong (SC.Main.SC27.24.4)
(May 29, 2009) E-mail from David E. Baird (SC.Supp.SC27.24.5)
(May 29, 2009) Letter from Bianca Sanchez (SC.Supp.SC27.24.6)
(May 30, 2009) Letter from Ellen and Brian Carr (SC.Supp.SC27.24.7)
(June 1, 2009) Letter from Julianne Kingelin (SC.Supp.SC27.24.8)
(June 1, 2009) Letter from Moreen White (SC.Supp.SC27.24.9)
(June 1, 2009) E-mail from Cheryl Quinn (SC.Supp.SC27.24.10)
(June 2, 2009) Letter from Jareed Tagari and Nashrin Tagari (SC.Supp.SC27.24.11)
(June 2, 2009) Letter from Salim Hanslod and Nalisha Darsol (SC.Supp.SC27.24.12)
(May 29, 2009) Letter from Betty Painter (SC.Supp.SC27.24.13)
(June 2, 2009) Letter from Shelley K. Williams, and provided 57 form letters (SC.Supp.SC27.24.14)
(May 30, 2009) Letter from Bianca Sanchez (SC.Supp.SC27.24.15)
(May 25, 2009) Letter from M. Melinda Rooke and Mr. Yeung (SC.New.SC27.24.16)
(June 5, 2009) E-mail from Bianca Sanchez (SC.New.SC27.24.17)
(June 5, 2009) E-mail from Ellen Terry Cole (SC.New.SC27.24.18)
(June 5, 2009) Letter from Shelley K. Williams (SC.New.SC27.24.19)
(June 4, 2009) Letter from Shelley K. Williams (SC.New.SC27.24.20)
(June 8, 2009) E-mail from Bianca Sanchez (SC.New.SC27.24.21)
(June 8, 2009) Fax from L. Yeh (SC.New.SC27.24.22)
(June 8, 2009) E-mail from Faisal Tahseen (SC.New.SC27.24.23)
(June 8, 2009) Fax from Thea Adams, Board of Directors of YCC41 (SC.New.SC27.24.24)
SC27.24 - 3201 - 3227 Eglinton Avenue East - Zoning, Official Plan and Plan of Subdivision Applications - Final Report
- Decision Type:
- ACTION
- Status:
- Amended
- Ward:
- 36 - Scarborough Southwest
Statutory - Planning Act, RSO 1990
Community Council Recommendations
Scarborough Community Council recommends that:
1. City Council amend the Official Plan substantially in accordance with the draft official plan amendment attached as Attachment 8 to the report (May 22, 2009) from the Director, Community Planning, Scarborough District.
2. City Council amend Zoning By-law 10010 substantially in accordance with the draft zoning by-law amendment attached as Attachment 9 to the report (May 22, 2009) from the Director, Community Planning, Scarborough District, subject to amending Attachment 9 as follows:
"The final bill prepared for adoption by Toronto City Council shall reflect and give effect to the following changes:
1. Total unit count for each phase may fluctuate by a 10 percent increase or decrease per phase of development, notwithstanding the total residential unit count for all three phases may not exceed 1057 units, and 97,726 square metres of residential gross floor area.
2. Minimum 0.0 metre setback for underground parking structures.
3. The park in Phase 2 may continue to be used as parking for existing commercial development until developed as a park.
4. An outdoor balcony or terrace is to be provided for 80 percent of dwelling units.
5. Maximum Gross Floor Area for Community Commercial (CC) uses in all three phases be modified to reflect the existing commercial floor space so that these uses may continue lawfully as the phased development is constructed. As the existing commercial space is demolished, the permission for newly constructed Community Commercial (CC) uses in the draft by-law will reflect the Master Plan and the new Community Commercial (CC) permissions proposed in the draft by-law.
6. The Zoning By-law shall provide for a minimum setback from Eglinton Avenue East of 3.0 metres.
7. A temporary sales office for the sale of residential dwelling units contemplated by the By-law is permitted without parking or building setback restrictions for the purpose of selling residential units.
8. Under the Section 37 Section, Performance Standard 380, add the words "increased by the Construction Price Index" so section (b) now reads as follows:
'(b) The owner of the lands shall enter into one or more agreements with the City of Toronto, increased by the Construction Price Index, provided pursuant to Section 37 of the Planning Act, RSO 1990, c.P 13, as amended, to secure the facilities, services and matters referred to in Section (a), which agreement shall be registered as a first charge on title to the lands to which this By-law applies.'
Council has determined, that pursuant to s.34 (17) of the Planning Act, no further notice is required to be given of the changes to the draft by-law."
3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft official plan amendment and draft zoning by-law amendment as may be required.
4. City Council adopt the Urban Design Guidelines attached as Attachment 11 to the report (May 22, 2009) from the Director, Community Planning, Scarborough District, to guide the implementation of the Markington Square development.
5. That City Council determine that the development of the lands at 3201 - 3227 Eglinton Avenue East addresses the objectives and policies of the Official Plan for these segments of Eglinton Avenue East and Kingston Road, and that development can proceed prior to the completion of Avenue Studies.
6. Before introducing the necessary Bills to City Council for enactment, the Owner be required to enter into an agreement and, pursuant to Section 37 of the Planning Act, to include:
a. a cash contribution prior to the issuance of building permits, in a form satisfactory to the Chief Financial Officer and City Treasurer, of $1,100,000.00 to be used as a contribution towards:
i. $350,000 in Phase 1 for an addition at the Scarborough Village Community Recreation Centre or other community programming space.
ii. $250,000 in Phase 2 for an addition at the Scarborough Village Community Recreation Centre or other community programming space.
iii. $250,000 in Phase 2 for parkland improvements for the park to be provided in Phase 2.
iv. $250,000 in Phases 1 and 2 for enhanced streetscape improvements in both phases, or community programming space at the discretion of the City.
b. upon application for the first building permit, the City would require a pre-payment in a form satisfactory to the Chief Financial Officer and City Treasurer, for the Indoor Recreation Facilities Portion of the Parks and Recreation Component of the City's Development Charges for Phase 1; and
c. upon application for the first building permit, the City would require a pre-payment in a form satisfactory to the Chief Financial Officer and City Treasurer, for the Outdoor Park Portion of the Parks and Recreation Component of the City's Development Charges for Phase 1.
7. City Council recommend to the Chief Planner and Executive Director that the draft plan of subdivision be approved, generally as illustrated in Attachment 6 to the report (May 22, 2009) from the Director, Community Planning, Scarborough District, subject to:
a. the conditions generally listed in Attachment 10 to the report (May 22, 2009) from the Director, Community Planning, Scarborough District, which except as otherwise noted, must be fulfilled prior to the release of the plan of subdivision for registration; and
b. such revisions to the proposed plan of subdivision or additional or modified conditions as the Chief Planner may deem to be appropriate to address matters arising from the ongoing technical review of the development.
Decision Advice and Other Information
The Scarborough Community Council held a statutory public meeting on June 9, 2009, and notice was given in accordance with the Planning Act.
Origin
Summary
This application was made on or after January 1, 2007 and is subject to the new provisions of the Planning Act and the City of Toronto Act, 2006.
Rezoning, official plan amendment and plan of subdivision applications have been submitted to permit the comprehensive redevelopment of the Markington Square shopping centre.
The applications seek approval for the redevelopment of 3.2 hectares (7.9 acres) of the total 6.8 hectare (16.8 acre) site for a phased mixed use project comprised of 1,057 residential units in seven condominium apartment buildings with 5,486 square metres (59,052 square feet) of retail uses at grade along the Eglinton Avenue and Kingston Road frontages, a public park and a public street system running south from Eglinton Avenue, then southeast connecting with Kingston Road. The existing Dominion Food Store and Beer Store would remain on adjacent lands to the west. Altogether, 97,726 square metres (1,051,948 square feet) of residential gross floor area are proposed in the seven condominium apartments, which include 3 buildings in the 7 to 9-storey range, two point towers of 18 storeys and two point towers of 21 storeys. It is anticipated that the project will be built out over a period of 10-15 years. The purpose of the official plan amendment is to establish a new public road and establish that the first priority for Section 37 for this large site is community space and not affordable housing.
This report reviews and recommends approval of the applications to amend the Official Plan and zoning by-law. The development consists of a master planned mixed use neighbourhood with both retail and residential uses in three phases within an area that has sufficient infrastructure. The proposal achieves a number of city goals and objectives. Staff conclude that the proposal represents an appropriate balance between intensification of a site and respect for the local context. Community improvements will flow from the project, such as the provision of a new park, improvements to it, and contributions towards improvement to the local community centre. Further, the development will add to the vitality of the immediate quadrant bounded by Eglinton Avenue East, Kingston Road and Markham Road as a mixed use area.
This report also advises that the Chief Planner may approve the draft plan of subdivision.
Financial Impact
The recommendations in this report have no financial impact.
Background Information
https://www.toronto.ca/legdocs/mmis/2009/sc/bgrd/backgroundfile-21462.pdf
Communications
(May 25, 2009) E-mail from Catharine Watters (SC.Main.SC27.24.2)
(May 25, 2009) Fax from Stephen Liu (SC.Main.SC27.24.3)
(May 25, 2009) Fax from Polly Wong (SC.Main.SC27.24.4)
(May 29, 2009) E-mail from David E. Baird (SC.Supp.SC27.24.5)
(May 29, 2009) Letter from Bianca Sanchez (SC.Supp.SC27.24.6)
(May 30, 2009) Letter from Ellen and Brian Carr (SC.Supp.SC27.24.7)
(June 1, 2009) Letter from Julianne Kingelin (SC.Supp.SC27.24.8)
(June 1, 2009) Letter from Moreen White (SC.Supp.SC27.24.9)
(June 1, 2009) E-mail from Cheryl Quinn (SC.Supp.SC27.24.10)
(June 2, 2009) Letter from Jareed Tagari and Nashrin Tagari (SC.Supp.SC27.24.11)
(June 2, 2009) Letter from Salim Hanslod and Nalisha Darsol (SC.Supp.SC27.24.12)
(May 29, 2009) Letter from Betty Painter (SC.Supp.SC27.24.13)
(June 2, 2009) Letter from Shelley K. Williams, and provided 57 form letters (SC.Supp.SC27.24.14)
(May 30, 2009) Letter from Bianca Sanchez (SC.Supp.SC27.24.15)
(May 25, 2009) Letter from M. Melinda Rooke and Mr. Yeung (SC.New.SC27.24.16)
(June 5, 2009) E-mail from Bianca Sanchez (SC.New.SC27.24.17)
(June 5, 2009) E-mail from Ellen Terry Cole (SC.New.SC27.24.18)
(June 5, 2009) Letter from Shelley K. Williams (SC.New.SC27.24.19)
(June 4, 2009) Letter from Shelley K. Williams (SC.New.SC27.24.20)
(June 8, 2009) E-mail from Bianca Sanchez (SC.New.SC27.24.21)
(June 8, 2009) Fax from L. Yeh (SC.New.SC27.24.22)
(June 8, 2009) E-mail from Faisal Tahseen (SC.New.SC27.24.23)
(June 8, 2009) Fax from Thea Adams, Board of Directors of YCC41 (SC.New.SC27.24.24)
Speakers
Sol Wassermuhl, President, Page & Steele/IBI Group Architects
Melinda Rooke, President, Jolem Properties Inc.
Alan Burke, President, East Beach Community Association
Christopher Burtch
Kathy Mitchell, Cougar Court Childcare
Debbie Hermes
Rolf Steinbach
Mike McKenzie
Robert Boulton
Peter Stachiw, Principal, St. Boniface Catholic School
Shelley Williams
Nazaline Insanally
John Rutherford
Gail Gordon
Margaret Coelho
Herb Richter
Ian Campbell (Submission Filed)
Bianca Sanchez