Preliminary Evaluation Report
Official Plan Amendment Application P97021
1098748 Ontario Limited, Agincourt Centre Community
Scarborough Agincourt
The Scarborough Community Council, having regard for the fact that this Application does not conform to the intent and purpose of the existing Official Plan which was adopted and approved as a result of an extensive Land Use Study previously undertaken on these lands, recommends that Council adopt the position to refuse the subject Official Plan Amendment Application, and direct the Interim Functional Lead, Legal Services, to represent this position at the Ontario Municipal Board.
The Scarborough Community Council submits the following report (January 19, 1998) from the Interim Functional Lead, Planning:
Purpose:
An Official Plan Amendment application has been submitted to the City for the Agincourt Mall property specifically proposing to amend Official Plan Policy 4.3.3.1 of the Agincourt Centre Secondary Plan (Numbered Policy for the Agincourt Mall site) by adding the following new section 1.7:
1.7 ASubject to policy 1.2 of section 4.3.3.1 above, and notwithstanding section 19 of this Plan, a maximum of 970 residential units shall be permitted on the Agincourt Mall site.@
(see attached Policy 4.3.3.1 and Section 19 of the Agincourt Centre Secondary Plan)
The application was submitted to the City on October 3, 1997, following the last scheduled Council Meeting of the former City of Scarborough and was subsequently appealed to the Ontario Municipal Board on November 18, 1997 by the applicant, on the basis that Council failed to give notice of a public meeting under subsection 17(15) of the Planning Act within 45 days after the request was received.
This same owner has appealed two Zoning By-law Amendment applications to permit the 970 dwelling units on the basis of the former Council of the City of Scarborough=s refusal to hold a Public Meeting and make a decision on the applications.
On November 7, 1997, a prehearing held by the Ontario Municipal Board with respect to the zoning appeals, established participants, issues and dates for a second prehearing (March 2, 1998) and the full hearing, May 4, 1998. It is expected that this Official Plan Amendment (P97021) will be consolidated with the zoning appeals by the Ontario Municipal Board.
The applicant does not feel an Official Plan change is needed but has submitted the Official Plan Amendment out of an abundance of caution in order to ensure that all the merits of their proposal can be considered as part of their rezoning appeals.
As presented in our previous planning reports pertaining to the rezoning applications we remain of the opinion that the Official Plan Amendment is not required. If approved, by the Board, the integrity of the Agincourt Centre Community Secondary Plan policies will be maintained.
Recommendations:
For the information of the Scarborough Community Council.
Comments:
(1) It has been more than two years, four applications, several staff reports, community meetings, and numerous Committee and Council Meetings since a proposal to develop Agincourt Mall was formally submitted to the City by the current owner (see brief chronology of the proposal attached). The applicant has previously submitted two rezoning applications to the City proposing the 970 dwelling units along with an additional 57,000 m5 (614,000 sq ft) of commercial development, including an expanded retail component, cinemas, entertainment uses and a hotel, bringing the total non-residential space on the site to approximately 80,000 m5 (860,000 sq ft).
The total gross floor area of the proposal including the existing Agincourt Mall would amount to approximately 1.5 times the site area of the Agincourt Mall property. In terms of residential density, the proposed 970 dwelling units translates into 79 units per hectare (32 units per acre) on the entire Agincourt Mall property. By way of comparison, the overall density on the Tridel site on the north side of Bonis Avenue amounts to 256 units per hectare (104 units per acre).
(2) As outlined in previous Preliminary Evaluation reports prepared by Planning staff for the rezoning applications, the proposal is consistent with the Commercial Mixed Use Official Plan designation on the subject lands which provides for a variety of residential, office, commercial, hotel and community facility uses. The designation on the subject lands provides for a pre-subway density of 1.5 times the site area for all uses combined including high density residential up to 150 units per hectare (60 units per acre). A numbered policy provides for a maximum of 500 residential units on the entire Agincourt Mall site with additional residential units considered upon the developer=s commitment to build a total of 80,000 m5 (860,000 sq ft) of non-residential space on this site.
(3) A Public Meeting was held for a City-initiated Zoning By-law Amendment application to zone the northern portion of the property residential. City-initiated By-law 25091 which zones the northern portion of the subject lands residential to a maximum of 250 dwelling units has also been appealed by the owner to the Ontario Municipal Board.
(4) On January 16, 1998, the City received a Site Plan Control application for the proposed 470 residential units on the northern portion of the property. The owner has made siting and design revisions to the proposal in the hope that a settlement may be reached with the new City Council as well as other interested parties. The changes include the shifting of the apartment buildings to the south by approximately 6 m (20 ft), deleting the amenity building and relocating the amenity space in the apartment buildings thereby increasing the amount of open space, and reducing the number of townhouse units and creating an open space feature adjacent to Bonis Avenue at the north-east portion of the lands. The applicant advises that a consent application to sever the lands on which this first phase is proposed will also be submitted to the City shortly.
Contact Name:
Joe Nanos, Planner
(416) 396-7037
(416) 396-4265 Fax Number
nanos@city.scarborough.on.ca
CHRONOLOGY - AGINCOURT MALL
Dec. 1995 Zoning By-law Amendment Application Z95058 proposing 500 residential dwelling units on the northern 1.7 ha (4.1 acres) of the Agincourt Mall property submitted to the City.
May 28, 1996 Preliminary Evaluation report for Z95058 considered by Council. Council directs application be processed subject to applicant submitting a master plan for the entire site as well as traffic and community impact reports.
Oct. 31, 1996 Z95058 application amended by proposing to increase commercial density from 28 percent to 30 percent of the site area to accommodate supermarket anchor expansion.
Jan. 7, 1997 Preliminary Evaluation report numbers 2 and 3 considered by Council. Council directs staff to prepare a notice for a Public Meeting to rezone the northern portion of the property at 60 units per acre (250 dwelling units).
Jan. 16, 1997 Applicant appeals Z95058 to the Ontario Municipal Board on the basis of Council=s refusal to make a decision on the application.
Mar. 4, 1997 City-initiated Zoning By-law Amendment application Z97005 to rezone the northern portion of the property to residential approved by Council at a Public Meeting. By-law 25091 passed by Council on April 29, 1997, implements Council=s resolution to permit 250 dwelling units on the northern portion of the property.
Mar. 10, 1997 Zoning By-law Amendment application Z97015 proposing an additional 50,670 m2 (545,500 sq ft) of commercial development, including an expanded retail component, cinemas, entertainment uses and a hotel, as well as 500 residential units on the west portion of the property submitted to the City.
Z95058 amended by reducing residential component to 470 dwelling units.
May 21, 1997 By-law 25091 appealed to the Ontario Municipal Board by the owner of the property.
Jun. 10, 1997 Preliminary Evaluation report for Z97015 considered by Council. Council directs application be processed subject to applicant submitting traffic, community and servicing impact studies, and the applicant requested to amend the application such that no residential block shall exceed 60 units to the acre.
June 19, 1997 Z97015 appealed to the Ontario Municipal Board by the applicant on the basis of Council=s refusal to make a decision on the application.
Oct. 3, 1997 Official Plan Amendment application P97021 proposing to add a new section to the Agincourt Centre Secondary Plan for the purpose of confirming that a maximum of 970 residential dwelling units shall be permitted on the Agincourt Mall site prior to the construction of the Sheppard Subway.
Nov. 7, 1997 Pre-hearing held by the Ontario Municipal Board on zoning appeals to establish parties, participants, issues, and dates for second pre-hearing and hearing.
Nov 18, 1997 P97021 appealed to the Ontario Municipal Board by the applicant on the basis of Council=s refusal to make a decision on the application.
(A copy of Policy 4.3.3.1 and Section 19 of the Agincourt Centre Secondary Plan, referred to in the foregoing report, was forwarded to all Members of Scarborough Community Council with the Agenda of the Scarborough Community Council meeting of January 21, 1998, and a copy thereof is on file in the office of the City Clerk.)
