2655 Lawrence Avenue East - Zoning By-law Amendment - Decision Report - Approval

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.