Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: October 20, 2022 CASE NO(S).: OLT-21-001713

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: 11426575 Canada Inc. Subject: Application to amend Zoning By-law No. 569-2013 & Scarborough Village Community By-law 10010 - Refusal or neglect of the City of Toronto to make a decision Purpose: To permit the development of a 12-storey mixed use development containing 173 residential units Property Address/Description: 3095 Eglinton Avenue East Municipality: City of Toronto Municipality File No.: 21 171081 ESC 20 OZ OLT Case No.: OLT-21-001713 OLT Lead Case No.: OLT-21-001713 OLT Case Name: 11426575 Canada Inc. v. Toronto (City)

Heard: September 23, 2022 by video hearing

APPEARANCES:

Parties	Counsel
City of Toronto	Roman Ivanov
Artlife Developments	Isaac Tang Lee English

MEMORANDUM OF ORAL DECISION DELIVERED BY G.C.P. BISHOP ON SEPTEMBER 23, 2022 AND INTERIM ORDER OF THE TRIBUNAL

BACKGROUND

1Artlife Developments (the “Applicant”) made application for the approval of Zoning By-law Amendments (the “ZBAs”) on lands located at 3095 Eglinton Avenue East (the “Subject Property” / “Site”), in the City of Toronto (the “City”). The City made no decision with respect to the application for a ZBAs and the Applicant filed an appeal to the Ontario Land Tribunal (the “Tribunal”).

2A settlement offer was presented to the City and accepted at the City’s Council meeting on June 15, 2022.

3For the reasons and findings that follow, the Tribunal allows the appeal, in part, and approves the draft ZBAs, appended to this Decision as Attachment 1 and Attachment 2 in principle, withholding the Final Order pending review and approval of the final form of the ZBAs and the satisfaction of certain Conditions.

THE HEARING AND PRESENTATION OF THE SETTLEMENT

4The settlement and evidence in support of the proposed ZBAs was presented on consent of the Parties. Kregg Fordyce, the planner on behalf of the Applicant, was qualified to give opinion evidence in the area of land use planning and the Tribunal had the benefit of both his oral testimony and Affidavit evidence at the hearing.

5There were no requests for Party or Participant status in relation to this appeal at this settlement hearing, but the Tribunal does note, in the Tribunal’s records, the request and withdrawal for Party status from the Cliffcrest Scarborough Village SW Residents Association.

6Mr. Fordyce’s Affidavit was marked as Exhibit 2, which contained his affidavit evidence, Curriculum Vitae, Acknowledgment of Expert Duty and the necessary documents and draft instruments required for consideration of the settlement. The conceptual Site Plan and Architectural plans are included in Exhibit 2, being Mr. Fordyce’s Exhibit G, pages 62 to 81 inclusive.

DESCRIPTION OF SUBJECT PROPERTY

7The Subject Property is located at 3095 Eglinton Avenue East at the southwest intersection of Eglinton Avenue East and Mason Road in the City, with frontage of 52 metres (“m”) and 26 m respectively. The Subject Property is approximately 1,973.9 square metres (“sq m”) in size, and rectangular in shape.

8The Subject Property is currently occupied by two commercial buildings with heights of one and two storeys. The building to the east is one-storey, while the building to the west is two-storeys in height. The current structures cover approximately 30 percent of the site area and access to the surface parking on the Subject Property is from both Eglinton Avenue East as well as Mason Road. The existing buildings include a total Gross Floor Area (“GFA”) of 627 sq m.

9The Subject Property is currently designated as “Apartment Neighbourhoods” in the City Official Plan (“TOP”). The Subject Property is currently zoned Residential Apartment RA (au67.0) (x713) under Zoning By-law No. 569-2013 and Highway Commercial (HC) under the Former Scarborough Village Community By-law No. 10010.

AREA CONTEXT

10Development along Eglinton Avenue East, in the vicinity of the Subject Property, includes a variety of residential and non-residential uses. These non-residential uses are a mix of low, medium and high-rise buildings surrounded by surface parking. To the north is a mix of large format big box stores and smaller strip-mall built form.

11The Subject Property has excellent access to existing and planned transit and surface transit services. The Subject Property is located 550 m east of the Eglinton GO Station on the Lakeshore East Line, which connects to Exhibition Station to the West and Pickering, Ajax, Whitby, and Oshawa in the East. There are bus stops at the intersection of Eglinton Avenue East and Mason Road, one immediately adjacent to the Subject Property and the second on the northeast corner, with a series of route options for passengers. There are a number of properties in the vicinity of the Subject Property with recently approved or current applications that are under review, some being similar to this Proposed Development.

THE PROPOSED DEVELOPMENT

The Original Application and Subsequent Amendments

12The Applicant submitted the Application to the City on June 24, 2021 to amend the zoning by-laws applicable to the Subject Property to permit a 12-storey mixed-use building, including 173 residential units and 330 sq m of commercial floor area at grade, and two levels of below-grade parking consisting of 87 parking spaces. The Application was deemed complete on July 22, 2021. The appeal to the Tribunal was received on November 18, 2021, and a settlement offer was prepared, presented and accepted by City Council on June 15, 2022.

13The following is a summary of the revisions made to the Proposed Development as compared to the initial Application:

a. Removing the existing access to Eglinton Avenue East and ensuring that all access to the site is off Mason Road;

b. Relocating the free-standing underground parking garage ramp such that the structure is incorporated into the building mass;

c. Adding a 3.0 m landscape buffer to the south side of the Site to better buffer the new building with the existing apartment building to the south;

d. Reducing the unit count from 173 to 171 units and revising the unit mix to meet the City’s Growing Up Urban Design Guidelines (2020) for two-bedroom and three-bedroom units;

e. The Proposed Development provides the following mix of unit types as follows:

Unit Type	Count
Bachelor	48 (28%)
1 Bedroom	78 (45%)
2 Bedrooms	27 (16%)
3 Bedrooms	18 (11%)
Total	171 (100%)

f. Increasing the amenity area such that the indoor and outdoor requirements of 2.0 sq m per unit is met, providing a total of 690 sq m of amenity space.

g. Reconfiguring the ground floor to provide active uses at-grade along Mason Road by relocating the residential lobby to the southeast corner of the building;

h. Identifying a 6.0 m radius corner rounding conveyance, in addition to the 5.0 m dedication to the City along Eglinton Avenue East; and

i. Revising the location of the angular planes for both Eglinton Avenue East and Mason Road frontages in the architectural drawings.

14The ZBAs to facilitate the Proposed Development will include site-specific exceptions relating to building height, density, parking, and additional zoning regulations as necessary to permit the Proposed Development.

15The revised Application proposes to amend Zoning By-law No. 10010 with site-specific zoning amendments that:

a. permit a maximum of 171 dwelling units;

b. permit the minimum 1 Type G loading space;

c. require the GFA of all buildings (excluding basements and mechanical penthouses) to not exceed 5.05 times the lot area;

d. establish appropriate building setbacks;

e. permit a maximum building height 39.5 m (as defined by Zoning By-law No. 569-2013) or 12 storeys (excluding basements and mechanical penthouses);

f. require the minimum amount of combined indoor and outdoor amenity space to be 4.0 sq m/ dwelling unit;

g. require a minimum of 80 parking spaces, consisting of:

i. a minimum of 0.43 parking spaces per dwelling unit for residents;

ii. a minimum of 0.02 parking spaces per dwelling unit for the use of residential visitors; and

iii. a minimum of 0.0 retail parking spaces;

h. require bicycle parking to be provided in accordance with the following rates:

i. A minimum of 0.68 parking spaces per residential unit;

ii. A minimum of 0.07 visitor parking spaces per residential unit;

i. permit residential visitor parking and commercial parking to be shared. The total number of residential visitor and commercial parking spaces shall be available to either use at all times of the day.

16The revised Application proposes to amend Zoning By-law No. 569-2013 with site-specific zoning amendments that:

a. permits 330 sq m of retail store space(s) and outside display of goods;

b. requires the minimum lot area for each dwelling unit in an apartment building to be 11 sq m per unit;

c. requires the maximum lot coverage to be 72 percent of the total lot area;

d. permits a maximum height of 12 storeys or 39.5 m;

e. requires the minimum amount of indoor amenity space to be 2.0 sq m/ dwelling unit; and the minimum permitted amount of outdoor amenity space to be 2.0 sq m/ dwelling unit.

f. establish appropriate building setbacks;

g. require a minimum of 0.43 parking spaces per residential unit;

h. require a minimum of 0.02 visitor parking spaces per residential unit;

i. require a minimum of 3 visitor parking and commercial uses;

j. permit residential visitor and commercial parking spaces to be shared.

17The Proposed Development is supported by many original and revised studies/reports including: Architectural Plans, Arborist Report, Community Services and Facilities Study, Landscape Architecture Plans, Arborist Report and Tree Preservation Plan, Sun/Shadow Study, Transportation and Parking Study, Functional Servicing and Stormwater Management Report, Pedestrian Wind Study, Geotechnical Report, Hydrogeological Study and a Downstream Sanitary Capacity Analysis Report.

LAND USE PLANNING POLICY

18The proposed planning instruments are subject to Provincial and City planning policies found in various statutory planning documents and the Tribunal must be satisfied with all aspects of the relevant planning documents in making a decision.

Provincial Policy

[Planning Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13.html)

19Mr. Fordyce opined that the revised proposal has regard for s. 2 of the Planning Act (“Act”) and he made specific reference to s. 2 f), h), j), p), q), and r) and has regard to these sections as follows;

a. it has access to higher order transit network adjacent to an Intensification Corridor, is located within an identified Major Transit Station Area (“MTSA”) and will utilize existing water and wastewater infrastructure, subject to upgrades;

b. it provides for a logical and orderly progression of residential development with appropriate consideration of potential impacts relating to traffic, site engineering and stormwater management.

c. is a residential (apartment) dwelling type providing for a range of affordability, which will contribute to the creation of a complete community;

d. it is an appropriate location for growth and development in terms of its access to transit, as well as its availability to municipal and community services.

e. it includes transit-supportive residential densities consistent with the identified MTSA designation, is sustainable and supports public transit and designed to encourage walking, cycling, and other active transportation; and

f. It represents a built form that is well designed and promotes a sense of place.

20The Tribunal agrees with Mr. Fordyce that the revised proposal has appropriate regard to the matters in s. 2 of the Act.

Provincial Policy Statement 2020 (“PPS”)

21The PPS is the overarching policy on land use in Ontario and supports the Province’s goal to enhance the quality of life of those living here. The key policy objectives of the PPS pertain to building strong and healthy communities, the wise use of resource management, and protecting public health and safety.

22Mr. Fordyce provided a comprehensive review on how the proposed planning instruments are, in his opinion, consistent with the PPS. He stated that the PPS must be read in its entirety and the relevant policies are to be applied to each situation and he identified a series of policy considerations that relate to the revised proposal being:

a. located within a settlement area and falls within a proposed MTSA boundary. The term “Major Transit Station Area” is defined in the Growth Plan as an area including and around any existing or planned higher order transit station or stop within a settlement area and the Subject Property is approximately 550 m away from the Eglinton GO Station, a higher order transit station and the City has identified the Eglinton GO Station a potential Protected MTSA;

b. redevelopment of the Subject Site with a mixed-use, mid-rise building will be an efficient and optimized use of land with a denser urban form and is transit-supportive;

c. provides an appropriate range of housing unit typologies including 171 units of various sizes and layouts, thus contributing to the achievement of a range and mix of housing;

d. use and optimization of existing infrastructure and public service facilities; and

e. utilizes a land-use pattern and a mix of density that is transit-supportive and promotes active transportation in a manner consistent with the policy.

23For these reasons, Mr. Fordyce is of the opinion that the revised development is consistent with the PPS and the Tribunal agrees.

Growth Plan for the Greater Golden Horseshoe (“Growth Plan”)

24The Growth Plan builds on the policy foundation of the PPS with more specific land use planning policies. The Growth Plan establishes a vision for the region with sufficient housing supply that reflects market demand, an integrated transportation network that allows people convenient access to transit, healthy natural environment and vibrant urban centres. Mr. Fordyce reviewed the relevant policies against the Proposed Development that include:

a. opportunities for people of all ages to conveniently access most of the necessities for daily living and provide a full range of housing, transportation options and service facilities. Complete communities “are age-friendly and may take different shapes and forms appropriate to their contexts”;

b. is a mid-rise building located along an Avenue that has frequent transit service and proposes 136 bicycle parking spaces. The Proposed Development contains a variety of unit sizes and typologies;

c. is located in an area designated as Apartment Neighbourhoods, along an Avenue served by transit and within 550 m of a major transit station (i.e. the Eglinton GO Station), located within a strategic growth area, well-suited to the scale and form of intensification envisioned by the Proposed Development;

d. will increase the diversity of land uses in this area of the City and will provide convenient access to local stores, services and public service facilities;

e. with the Subject Site’s proximity to the Eglinton GO Station, the Proposed Development, a mid-rise, mixed use building with ample bicycle parking, is designed to be transit-supportive and to achieve multi-modal access to nearby transit stations; and

f. developments will be supported by a stormwater management plan that is informed by a subwatershed plan, incorporates an integrated treatment appropriate to minimize stormwater flows, and establishes planning design and construction practices to minimize vegetation removal, grading, sediment options and impervious surfaces.

25The Tribunal agrees with Mr. Fordyce’s opinion that the Proposed Development conforms to the Growth Plan.

Toronto Official Plan (“TOP”)

26The Subject Property is designated Apartment Neighbourhoods on Map 23 (Figure 11: Land Use Plan), as are the lands to the East and West along the south side of Eglinton Avenue East. The lands to the north of Eglinton Avenue and further east of Markham Road are designated Mixed Use Areas.

27Mr. Fordyce in his evidence opined that the Proposed Development conforms to applicable policies of the TOP and is appropriate for intensification for the following reasons:

a. the Application was supported by a Sun/Shadow Study and a Pedestrian Wind Assessment, which demonstrates the location and massing of the Proposed Development will adequately limit shadow and maintain comfortable wind conditions for nearby pedestrians;

b. the siting of the building on the south side of Eglinton Avenue adequately limits shadowing, given that most of the shadowing occurs within the Eglinton Avenue East right-of-way;

c. pedestrian-level wind impacts will be limited given the low-scale form of development, and further mitigated by the stepback and the building design including canopies;

d. provides sufficient motor vehicle (80) and bicycle parking (136) for residents and visitors and responds to the built form matters such as the location of service facilities, the provision of recreational space and ground floor uses that enhance the interaction with adjacent streets;

e. the architectural and landscape plans confirm the built form and landscape design which conforms with the policy by locating surface parking, loading/garbage area and the ramp to the underground parking within the building footprint to minimize their impact on the Subject property and on the surrounding properties and the elimination of the existing curb cut on Eglinton Avenue that increases pedestrian safety;

f. development along Eglinton Avenue East in the vicinity of the Subject Property includes a variety of residential and non-residential uses. The non-residential uses are comprised of a mix of older, high-rise, mid-rise and low-rise buildings with extensive amounts of surface parking surrounding the built form. The Proposed Development will be massed and its exterior façade and will be designed to fit harmoniously with the existing and planned context of the surrounding area;

g. framing the street by locating the building parallel to both Eglinton Avenue East and Mason Road, provides an animated and pedestrian-focused street frontage along adjacent public streets with ground floor retail spaces, having frontage onto Eglinton Avenue East and around the corner onto Mason Road. The residential lobby for the Proposed Development will be located along Mason Road activating frontage at the building façade at-grade;

h. the new development will be massed to define the edges of the streets. Land will be conveyed to permit the widening of each right-of-way along Eglinton Avenue East and Mason Road, including a corner rounding at the northeast corner of the Site. Proposed landscaped areas with street trees have been proposed along the Eglinton Avenue boulevard. New trees are also proposed on the Mason Road frontage on the private property adjacent to the sidewalk creating an attractive transition from the public to the private realm; and

i. provide indoor and outdoor amenity space for residents, giving each resident access to outdoor amenity spaces such as balconies, terraces, courtyards, rooftop gardens and other types of outdoor spaces.

28Mr. Fordyce opined that the Proposed Development meets the policy goals achieving a variety of housing objectives, supports public transit, active transportation and manages growth within an intensification area and provides an appropriate housing option and conforms with the TOP. The Tribunal agrees with Mr. Fordyce’s assessment of the TOP.

CONCLUSION

29It is Mr. Fordyce’s professional planning opinion that the Proposed Development has regard to matters of Provincial interest in accordance with s. 2 of the Act, is consistent with the PPS, conforms with the Growth Plan and the TOP and represents good planning.

THE TRIBUNAL FINDINGS

30The Tribunal accepts the uncontested evidence from Mr. Fordyce in its entirety. His Affidavit and viva voce evidence were well structured and articulated. He walked the Tribunal through the hierarchy of the Provincial and the City planning documents to reach his conclusions.

31The Tribunal finds that Proposed Development meets the goals and objectives of these various planning documents and is an efficient use of land and infrastructure, utilizing appropriate massing, height and stepbacks that will compliment the existing and planned context in an area of emerging growth.

32The Proposed Development will offer a range of unit sizes, located in an area of well supported transit options, in the vicinity of a MRSA where higher intensification is directed. The design will encourage walking, cycling and other active transportation.

33The Proposed Development is supported by a robust series of studies/reports as identified in paragraph 17 above and conforms to the built form policies of the TOP. Adequate indoor and outdoor amenity space is provided for the enjoyment of the inhabitants.

34The Tribunal finds that the Proposed Development has regard to matters of Provincial interest in accordance with s. 2 of the Act, is consistent with the PPS, conforms with the Growth Plan and the TOP, represents good planning and is in the public interest.

INTERIM ORDER

35The appeal is allowed, in part, and the amendments to the City of Toronto By-law No. 569-2013, set out in Attachment 1, and Former Scarborough Village Community By-law No. 10010, set out in Attachment 2, are approved, in principle. The Tribunal withholds its Final Order pending receipt and approval of the final form of the Zoning By-law Amendments and contingent upon confirmation from the City Solicitor that the following conditions have been satisfied:

a. the final form of the Zoning By-law Amendments are to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. the owner has submitted to the Chief Engineer and Executive Director of Engineering and Construction Services for review and acceptance a Site Servicing Review to determine the storm water runoff, sanitary flow and water supply demand resulting from this development and demonstrate how this site can be serviced and whether the existing municipal infrastructure is adequate;

c. the owner has submitted a Traffic Impact Study to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services;

d. the owner has entered into a financially secured agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the Site Servicing Review and Traffic Impact Study accepted by the Chief Engineer and Executive Director of Engineering and Construction Services;

e. the owner has submitted revised plans/documentation with respect to condition b and c above, to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services;

f. the owner has submitted a Noise and Vibration Study, the study has been peer reviewed by a third-party Noise and Vibration Consultant retained by the City of Toronto at the owner's expense, and the owner has agreed to implement the noise and vibration control measures and recommendations identified through the peer review, with these measures to be secured through the Site Plan Control process, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

g. the owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Zoning By-law Amendment applications, to the satisfaction of the Supervisor, Tree Protection and Plan Review; and

h. the owner has demonstrated that the proposal complies with all elements of the Toronto Green Standard Version 3 for rezoning, including but not limited to, the provision of soil volume in the amount of 479.8 cubic metres, as shown on the Landscape Plan included in the Settlement offer, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the Chief Planner and Executive Director, City Planning.

36Subject to paragraph 35(a) above, the Tribunal authorizes the municipal clerk to format, as may be necessary, and assign by-law numbers to Attachment 1 and Attachment 2 for record-keeping purposes.

37The Panel Member will remain seized for the purposes of reviewing and approving the final draft of the Zoning By-Law Amendments and the issuance of the Final Order.

38If the Parties do not provide confirmation that all contingent pre-requisites to the issuance of the Final Order, as set out in paragraph 35 above, have been satisfied, and request that the issuance of the Final Order, by Friday, March 31, 2023, the Applicant and the City shall provide a written status report to the Tribunal by that date, as to the timing of the expected confirmation and submission of the final form of the draft amendments and issuance of the Final Order by the Tribunal. In the event the Tribunal fails to receive the required status report, and/or in the event the contingent pre-requisites are not satisfied by the date indicated above, or by such other deadline as the Tribunal may impose, the Tribunal may then dismiss the Appeal.

39The Tribunal may, as necessary, arrange the further attendance of the Parties by telephone conference call to determine the additional timelines and deadline for the submission of the final form of the instrument(s), the satisfaction of the contingent pre-requisites and the issuance of the Final Order.

“G.C.P. Bishop”

g.c.p. bishop

Alternative Chair

Ontario Land Tribunal

Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

OLT-21-001713 – Attachment 1

THE CITY OF TORONTO

BY-LAW

BY-LAW NUMBER XXXX-2022

To amend Zoning By-law No. 569-2013, as amended, with respect to the lands municipally known as 3095 Eglinton Avenue East

WHEREAS Council of the City of Toronto has the authority to pass this By-law pursuant to Section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended; and

WHEREAS Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act; and

The Council of the City of Toronto HEREBY ENACTS:

1. Notwithstanding the sections as identified below of the City of Toronto Zoning By-law 569-2013, the following provisions shall apply to the lands described on Map 1 attached hereto known municipally as 3095 Eglinton Avenue East;

2. Where the provisions of this By-law conflict with the provisions of the City of Toronto Zoning By-law 569-2013 or the former City of Scarborough Village Community By-law 10010, the provisions of this By-law shall apply;

3. Notwithstanding the provisions of Chapter 15.10 of the City of Toronto Zoning By-law 569-2013 or section 900.7.10 (713) of City of Toronto Zoning By-law No. 569-2013, the following development standards shall now apply to the lands described on Map 1;

4. The words highlighted in bold type in this By-law have the meaning provided in Zoning By-law No. 569-2013, Chapter 800 Definitions.

Exception RA (x###)

The lands, or a portion thereof as noted below, are subject to the following site-specific provisions, Prevailing By-laws and Prevailing Sections.

Site Specific Provisions:

A. Conditions

i. Despite regulation 15.10.20.100(13), the interior floor area of the retail store(s) is permitted at a maximum of 330 square metres and outside display of goods is permitted;

1. Interior floor area means any part of a building, measured to: (a) the interior side of a main wall; (b) the centerline of an interior wall; or (c) a line delineating the part being measured;

B. Lot Requirements

i. Despite regulation 15.10.30.10(2), the minimum lot area for each dwelling unit in an apartment building is permitted to be 11 square metres per unit;

ii. Despite regulation 15.10.30.40(1), the maximum permitted lot coverage is 72 percent of the Total Lot area;

C. Principal Building Requirements

i. Despite regulation 15.10.40.10 (1) and (2), the maximum building height shall not exceed 12 storeys OR 39.5 metres above grade, excluding the following:

1. lighting fixtures, balustrades, bollards, trellises, parapets, privacy screens, safety railings, guardrails, chimneys, vents, stacks and exhaust stacks, and ornamental or architectural features may exceed the permitted maximum height as shown on Map 2 by a maximum of 2.0 metres; and,

2. mechanical equipment such as heating and cooling stacks, air units, and an emergency generator may exceed the permitted maximum height as shown on Map 2 by a maximum of 4.0 metres;

ii. Despite Chapter 800.50 (240), established grade will be the Canadian Geodetic Datum elevation of 164.38 Metres;

iii. Despite regulation 15.10.40.50(1), the minimum permitted amount of Indoor Amenity space shall be 2.0 square metres / dwelling unit; and, the minimum permitted amount of Outdoor Amenity space shall be 2.0 square metres;

iv. Despite regulation 15.10.40.70 (1), (2), (3), and (4), the required minimum building setbacks and minimum distances between main walls must be provided as shown on Map 2 of By-law [Clerks to supply #]; and,

v. The following elements of a building may encroach into the required building setback or separation distance:

1. The minimum building setbacks shall not be less than the measurements shown on Map 2 attached hereto, with the exception of bay windows, lighting fixtures, cornices, sills, eaves, canopies, window washing equipment, parapets, railings, privacy screens, terrace dividers, terraces, patios, cabanas, planters, balustrades, bollards, stairs, covered stairs or stair enclosures, awnings, fences and safety railings, guard rails, trellises, underground garage ramps and accessory structures, guardrails, chimneys, vents, stacks and exhaust stacks, mechanical equipment and fans, retaining walls, wheelchair ramps, ornamental or architectural features, structures and elements related to outdoor patios, roofing assembly, landscape features, and art installations which may extend beyond the heavy lines shown on the attached Map 2;

2. Parking structures, mechanical rooms, stormwater tanks, electrical rooms, stairwells, storage rooms, bike storage rooms, locker rooms and public amenity areas beneath the ground floor may have a zero (0) metre building setback.

D. Parking

Section 200.5.10 of By-law 569-2013 is amended with the following prevailing performance standards:

i. Parking shall be provided in accordance with the following rates:

1. A minimum of 0.42 parking spaces per residential unit; and,

2. A minimum of 0.03 visitor parking spaces per residential unit;

ii. A minimum of 3.0 retail parking spaces;

iii. For the purposes of this By-law, residential visitor parking and commercial parking may be shared. The total number of residential visitor and commercial parking spaces shall be available to either use at all times of the day.

5. Despite any severance, partition or vision of the lands, the provisions of this By-law apply to the whole of the lands as if no severance, partition or division occurred.

Enacted and passed by City of Toronto Council this day of , 2022.

John Tory, Mayor

Ulli S. Watkiss, City Clerk

OLT-21-001713 – Attachment 2

THE CITY OF TORONTO

BY-LAW

BY-LAW NUMBER XXXX-2022

To amend the Former Scarborough Village Community By-law 10010, with respect to the lands municipally known as 3095 Eglinton Avenue East

WHEREAS Council of the City of Toronto has the authority to pass this By-law pursuant to Section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended; and

WHEREAS Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act; and

The Council of the City of Toronto HEREBY ENACTS:

1. SCHEDULE "A" of the Scarborough Village Community By-law No. 10010 is amended for the lands outlined in the attached Map '1' by deleting the existing Highway Commercial (HC) zoning and replacing it with the Apartment Residential (A) Zone and the Performance Standards and Exceptions as stated below, so that the amended zoning shall read as follows:

A-x1-x2(c) a minimum of 3.0 retail parking spaces.

-x3-x4-x5-x6-x7-x8-x9-x10

2. SCHEDULE "B", PERFORMANCE STANDARDS CHART, is amended by adding the following Performance Standards:

INTENSITY OF USE

1. Maximum of 171 dwelling units.

2. Minimum of 1 Type G loading space shall be provided.

3. Gross Floor Area of all buildings (excluding basements and mechanical penthouses) shall not exceed 5.05 times the lot area.

4. Maximum coverage for all buildings shall be 0.72 of the lot or parcel area.

BUILDING SETBACKS FROM STREET

5. Minimum building setbacks are shown on Map 2 attached to and forming part of this By-law;

MISCELLANEOUS

6. Maximum building height 39.5 metres and 12 storeys (excluding basements and mechanical penthouses) as shown on Schedule 'B' (Map 2) attached to this By-law, subject to the following height exceptions:

(i) lighting fixtures, cabanas, planters, balustrades, bollards, trellises, parapets, privacy screens, safety railings, guardrails, chimneys, vents, stacks and exhaust stacks, and ornamental or architectural features may extend a maximum of 2.0 metres above the heights shown on Schedule 'B' (Map 2); and,

(ii) mechanical equipment such as heating and cooling stacks, air units, and an emergency generator may extend a maximum of 4.0 metres above the heights shown on Schedule 'B' (Map 2);

7. Established grade is the Canadian Geodetic Datum elevation of 164.38 Metres.

8. Amenity space to be provided at the following rates:

(a) Indoor amenity space to be provided at a minimum rate of 2.0 square metres for each dwelling unit;

(b) Outdoor amenity space to be provided at a minimum rate of 2.0 square metres for each dwelling unit; and,

(c) A minimum of 4.0 metres of total amenity space.

10. A minimum of 80 Parking spaces shall be provided.

(a) a minimum of 0.42 parking spaces per dwelling unit for residents;

(b) a minimum of 0.03 parking spaces per dwelling unit for the use of residential visitors; and

(c) a minimum of 3.0 retail parking spaces.

11. A minimum of 136 Bicycle parking spaces shall be provided.

(d) a minimum of 0.79 bicycle parking spaces per dwelling unit.

4. SCHEDULE "C" EXCEPTIONS LIST is amended by adding Exception No. XX to the lands as shown on Map ‘3’ as follows:

XX. On those lands identified as Exception No. XX on the accompanying Schedule 'A' map (Map '1'), the following provisions shall apply:

(a) Additional Permitted Use

(i) auto sales rooms;

(ii) banks;

(iii) business and professional offices;

(iv) places of entertainment or recreation;

(v) restaurants;

(vi) retail stores;

(vii) service shops and agencies; and,

(viii) studios.

Enacted and passed by City of Toronto Council this day of , 2022.