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Scarborough Community Council · 2021-11-26 · 2021.SC28.3

The filed record

Request for Directions Report - 1891 Eglinton Avenue East - Official Plan Amendment and Zoning By-law Amendment Applications

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The decision

2021-12-15 · Toronto City Council · adopted

As filed

City Council on December 15, 16 and 17, 2021, adopted the following: 1. City Council direct the City Solicitor, together with appropriate staff and/or external consultants as may be appropriate, to attend the Ontario Land Tribunal hearing to oppose the applicant's appeals respecting the Official Plan Amendment application (Application 20 158264 ESC 20 OZ) and Zoning By-law Amendment application (Application 20 224755 ESC 20 OZ) for the lands at 1891 Eglinton Avenue East, for the reasons contained in the report (November 3, 2021) from the Director, Community Planning, Scarborough District.

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2. City Council authorize the City Solicitor and appropriate City staff to continue discussions with the applicant to resolve the outstanding issues detailed in the report (November 3, 2021) from the Director, Community Planning, Scarborough District, and to support a revised proposal that is generally consistent with Official Plan Amendment 499 for the lands at 1891 Eglinton Avenue East, and report back to City Council on the outcome of discussions, if necessary. 3. City Council direct the City Solicitor to request the owner of the subject lands to address the preliminary issues related to infrastructure required to support the anticipated growth in the overall context of the Golden Mile Secondary Plan area, including streets, density, servicing, parks, and community service facilities which are to be assessed comprehensively, including coordination with other Golden Mile Secondary Plan area landowners. 4. In the event the Ontario Land Tribunal allows the subject appeal in whole or in part, City Council direct the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of any Order on the Official Plan Amendment and Zoning By-law Amendment appeals for the subject lands until such time as the Ontario Land Tribunal has been advised by the City Solicitor that the proposed Official Plan Amendment and Zoning By-law Amendment are in a form and with content satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor.

On the agenda

As the city filed it

The Official Plan Amendment application (Application No. 20 158264 ESC 20 OZ) proposes to amend the Official Plan to add a Site and Area-Specific Policy ("SASP"). The Zoning By-law Amendment application (Application No. 20 224755 ESC 20 OZ) proposes to amend the City of Scarborough Employment Districts Zoning By-law No. 24982 to permit the redevelopment of the northerly (2.9-hectare) portion of the lands at 1891 Eglinton Avenue East, which is designated Mixed Use Areas in the Official Plan.

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The southerly portion of the site designated General Employment Areas in the Official Plan is not included in these applications. See Attachment No. 2 - Official Plan Land Use Map (Pre-OPA 499), Attachment No. 3 - Official Plan Land Use Map (OPA 499) and Attachment No. 4 - Existing Zoning. The proposal consists of four development blocks, including one block for public parkland and three new public streets. Five buildings are proposed with heights that range from 10 to 48-storeys. The existing one-storey industrial building would be demolished to accommodate the proposal. The subject lands are located within the Golden Mile Secondary Plan area ("GMSP area") approved through Official Plan Amendment No. 499 ("OPA 499"), and are also subject to new Golden Mile Urban Design Guidelines, as adopted by City Council on October 30, 2020. The Official Plan Amendment application was submitted and deemed complete June 19, 2020. The Zoning By-law Amendment application was submitted and deemed complete December 3, 2020. Both applications have been appealed to the Ontario Land Tribunal ("OLT") citing City Council's failure to make a decision within the prescribed time frames set out in the Planning Act. The appeals were filed on April 14, 2021. The purpose of this report is to seek City Council's direction for the City Solicitor, together with appropriate City staff and/or external consultants, to attend the OLT hearing to oppose the subject applications. City staff have concerns with the proposed Official Plan and Zoning By-law Amendments and are of the opinion the proposed amendments, in their current form are not consistent with the Provincial Policy Statement (2020) ("PPS"), do not conform with the A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) ("Growth Plan (2020)"), and are not consistent with the general intent of and fail to conform with the Official Plan. Further the proposed amendments are not supportable, in their current form, in the context of OPA 499 and are not consistent with the general intent or conform to OPA 499. Reasons for City staff position are outlined in detail in this report.

Staff recommended

The City Planning Division recommends that: 1. City Council direct the City Solicitor, together with appropriate staff and/or external consultants as may be appropriate, to attend the Ontario Land Tribunal ("OLT") hearing to oppose the applicant's appeals respecting the Official Plan Amendment application (Application No. 20 158264 ESC 20 OZ) and Zoning By-law Amendment application (Application No. 20 224755 ESC 20 OZ) for the lands at 1891 Eglinton Avenue East, for the reasons contained in the report dated November 3, 2021, from the Director, Community Planning, Scarborough District.

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2. City Council authorize the City Solicitor and appropriate City staff to continue discussions with the applicant to resolve the outstanding issues detailed in the report dated November 3, 2021, from the Director, Community Planning, Scarborough District, and to support a revised proposal that is generally consistent with Official Plan Amendment No. 499 ("OPA 499") for the lands at 1891 Eglinton Avenue East, and report back to City Council on the outcome of discussions, if necessary. 3. City Council direct the City Solicitor to request the owner of the subject lands to address the preliminary issues related to infrastructure required to support the anticipated growth in the overall context of the Golden Mile Secondary Plan area ("GMSP area"), including streets, density, servicing, parks, and community service facilities which are to be assessed comprehensively, including coordination with other GMSP area landowners. 4. In the event the Ontario Land Tribunal ("OLT") allows the subject appeal in whole or in part, that City Council direct the City Solicitor to request the OLT to withhold the issuance of any Order on the Official Plan Amendment and Zoning By-law Amendment appeals for the subject lands until such time as the OLT has been advised by the City Solicitor that the proposed Official Plan Amendment and Zoning By-law Amendment are in a form and with content satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor.

Considered

  • 2021-11-26 · Scarborough Community Council · adopted

    Decision as filed

    Scarborough Community Council recommends that: 1. City Council direct the City Solicitor, together with appropriate staff and/or external consultants as may be appropriate, to attend the Ontario Land Tribunal hearing to oppose the applicant's appeals respecting the Official Plan Amendment application (Application 20 158264 ESC 20 OZ) and Zoning By-law Amendment application (Application 20 224755 ESC 20 OZ) for the lands at 1891 Eglinton Avenue East, for the reasons contained in the report (November 3, 2021) from the Director, Community Planning, Scarborough District.

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    2. City Council authorize the City Solicitor and appropriate City staff to continue discussions with the applicant to resolve the outstanding issues detailed in the report dated November 3, 2021, from the Director, Community Planning, Scarborough District, and to support a revised proposal that is generally consistent with Official Plan Amendment 499 ("OPA 499") for the lands at 1891 Eglinton Avenue East, and report back to City Council on the outcome of discussions, if necessary. 3. City Council direct the City Solicitor to request the owner of the subject lands to address the preliminary issues related to infrastructure required to support the anticipated growth in the overall context of the Golden Mile Secondary Plan area, including streets, density, servicing, parks, and community service facilities which are to be assessed comprehensively, including coordination with other Golden Mile Secondary Plan area landowners. 4. City Council, in the event the Ontario Land Tribunal allows the subject appeal in whole or in part, direct the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of any Order on the Official Plan Amendment and Zoning By-law Amendment appeals for the subject lands until such time as the Ontario Land Tribunal has been advised by the City Solicitor that the proposed Official Plan Amendment and Zoning By-law Amendment are in a form and with content satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor.

  • 2021-12-15 · Toronto City Council · adopted

On the record

The item as the City filed it

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