2787 and 2791 Eglinton Avenue East - Zoning Amendment Application - Final Report

The application also proposes a dedication of lands towards a new public park. The original application was submitted on April 9, 2018, and City Planning staff brought forward a Request for Interim Directions Report, to Scarborough Community Council on July 4, 2018. Staff outlined why the development was not supportable as it did not demonstrate how it would fit into the planned context and vision for Avenues in accordance with the City's Official Plan. Planning staff advised that the proposed development was not consistent with the Provincial Policy Statement (2014) and does not conform with the Growth Plan for the Greater Golden Horseshoe (2017). Planning staff continue to recommend refusal of the application for the same reasons. At the July 27, 2018, City Council meeting, City staff were directed to "bring forward a final report to the first Community Council meeting of 2019 considering the proposed townhouse development as reflected on the applicant's plans dated April 2018 and also considering the City's Townhouse and Low-rise Apartment Guidelines ". Subsequently, it was determined that the extent of changes required were significant and therefore a report could not be brought forward to the first Community Council meeting of 2019. The applicant agreed to continue working with City staff to revise the proposal to further bring the application in compliance with the City's Townhouse and Low-rise Apartment Guidelines, as directed by Council. As directed by Council, this report presents draft by-laws, without City Planning recommendation for approval, to amend City of Toronto Zoning By-law No. 569-2013, as amended and the Eglinton Community Zoning By-law No. 10048, as amended for consideration to enable the development as currently proposed.

The proposed development has not demonstrated compatibility with the future Eglinton East LRT; and e. The proposed development is not consistent with the PPS (2014), conflicts with the Growth Plan (2019) and is not in keeping with the Official Plan. 2. If City Council determines that the Zoning By-law Amendment application be approved at this time, City Council amend: a. The City of Toronto Zoning By-law No. 569-2013, as amended, for the lands at 2787 and 2791 Eglinton Avenue East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 8 to the report dated August 29, 2019, from the Director, Community Planning, Scarborough District; b. The former City of Scarborough Eglinton Community Zoning By-law No. 10048, as amended, for the lands at 2787 and 2791 Eglinton Avenue East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 9 to the report dated August 29, 2019, from the Director, Community Planning, Scarborough District; c. Before introducing the necessary Bills to City Council for enactment, the owner be required submit to the satisfaction of the Executive Director, Engineering and Construction Services an updated Functional Servicing and Stormwater Management Report and plans. In addition, the owner would be required to enter into an agreement(s) for the construction of any improvements to existing municipal infrastructure, should it be determined that upgrades are required to support this development. 3. City Council authorize the City Solicitor to make such stylistic and technical changes to the Zoning By-law Amendments as may be required. 4. Before introducing the necessary Bills to City Council for enactment, require the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows: a. The community benefits to be secured in the Section 37 Agreement are as follows: i. $500,000 towards capital improvements to Horton Park and/or above base park improvements to the proposed park on the subject site at 2787 and 2791 Eglinton Avenue East; ii. A 2% parkland over dedication from the application to increase the size of the new public park on the subject site at 2787 and 2791 Eglinton Avenue East. b. The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development: i. Construction and maintenance of the development in accordance with Tier 1 performance measures of the Toronto Green Standard. 5. If City Council determines that the Zoning By-law Amendment application be approved, and if the owner is agreeable to undertaking Above Base Park Improvements to the proposed 1,170 square metre on-site public parkland dedication, City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation (PF&R). The development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, PF&R, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may amended from time to time. 6. Should the Zoning By-law Amendment application be approved and appealed to the Local Planning Appeal Tribunal, City Council authorize the City Solicitor to retain external planning and urban design professionals to appear before the Local Planning Appeal Tribunal in support of City Council's approval of the Zoning By-law Amendment and Site Plan applications. 7. In the event that the Local Planning Appeal Tribunal allows an appeal of the Zoning By-law Amendment in whole or in part, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order(s) approving the application until: a. The Tribunal has been advised by the City Solicitor that the proposed Zoning By-law Amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning Division; b. The owner submits to the satisfaction of the Executive Director, Engineering and Construction Services an updated Functional Servicing and Stormwater Management Report and plans. In addition, the owner would be required to enter into an agreement(s) for the construction of any improvements to existing municipal infrastructure, should it be determined that upgrades are required to support this development; and c. The owner has entered into and registered an agreement between the City and owner pursuant to Section 37 of the Planning Act. 8. City Council approve the Site Plan Application (18 148155 ESC 35 SA) for the proposed development in principle as indicated on the drawings listed in Attachment No.10: Conditions of Site Plan Approval and subject to the draft conditions of Site Plan Approval listed as Attachment No.10 of this report. 9. City Council delegate back to the Chief Planner or his designate the authority to issue final Site Plan Approval.