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TABLE OF CONTENTS

REPORTS OF THE STANDING COMMITTEES

AND OTHER COMMITTEES

As Considered by

The Council of the City of Toronto

on April 13, 14 and 15, 1999


SCARBOROUGH COMMUNITY COUNCIL

REPORT No. 4

1 Request for a 40 Kilometre Per Hour Speed Limit on McCowan Road, North of Kingston Road
Ward 13 - Scarborough Bluffs

2 Twelve Hour Parking Limit on Mayhill Crescent Ward 16 - Scarborough Highland Creek

3 Traffic Concerns at Morrish Public School on Canmore Boulevard Ward 16 - Scarborough Highland Creek

4 Stop Control on Earlton Road at Araman Drive Ward 17 - Scarborough Agincourt

5 U-Turn Prohibition on Milner Avenue at Progress Avenue Ward 18 - Scarborough Malvern

6 Sign Variance Request Shoppers Drug Mart, 629 Markham Road Ward 16 - Scarborough Highland Creek

7 Sign Variance Request Coffee Time, 4447 Sheppard Avenue East Ward 18 - Scarborough Malvern

8 Property Standards Issues at No. 21 Saunders Road Daniel Haubold Ward 13 - Scarborough Bluffs

9 Request for Direction Zoning By-law Amendment Application Z95032 Proposed Modification to Zoning By-law 750-1998
Aspen Ridge Homes (Markham Gardens) Inc.
18 Rosebank Drive at Markham Road Malvern Community Ward 18 - Scarborough Malvern

10 Condominium Application SC98605 Harmony Developments II Inc. 9420-9466 Sheppard Avenue East and 2 Hedge End Road Rouge Community Ward 18 - Scarborough Malvern

11 Part Lot Control Exemption Application SL1999001 Mondeo Developments Inc., 740 Ellesmere Road Dorset Park Community Ward 14 - Scarborough Wexford

12 Former Scarborough Transportation Corridor Lands Study - Phase 4 - Markham Road to Morningside Avenue
Draft Terms of Reference (W95014) Guildwood and Scarborough Village Communities
Ward 13 - Scarborough Bluffs

13 Removal of a Holding Symbol (H) Zoning By-law Amendment Application SZ98019
699401 Ontario Limited, 772 Warden Avenue Golden Mile Employment District
Ward 13 - Scarborough Bluffs

14 Zoning By-law Amendment Application SZ98031 Part Lot Control By-law Amendment Application SP98008 Stephen Washington Foundation/Trustees of Washington Methodist Church - Scarboro 3741 Kingston Road - Guildwood Community Ward 13 - Scarborough Bluffs

15 Official Plan Amendment Application P97019 Zoning By-law Amendment Application Z97051
Coffee Time Donuts Inc., 441 Ellesmere Road Wexford Employment District
Ward 14 - Scarborough Wexford

16 Zoning By-law Amendment Application Z97059 1960 Eglinton Developments Ltd. and
New Fin Land Development Co. Ltd. 1960 Eglinton Avenue East Golden Mile Employment District
Ward 14 - Scarborough Wexford

17 Zoning By-law Amendment Application SZ98034 Sherway Centre Limited, 55 Town Centre Court
Ward 15 - Scarborough City Centre

18 Zoning By-law Amendment Application SZ98021 Arbroath Investments Inc., Maberley Crescent
Centennial Community Ward 16 - Scarborough Highland Creek

19 Liquor Licencing Information Form Inclined Restaurant, 1375 Danforth Road, Unit 1
Ward 15 - Scarborough City Centre

20 Other Items Considered by the Community Council

City of Toronto


REPORT No. 4

OF THE SCARBOROUGH COMMUNITY COUNCIL

(from its meeting on March 30, 1999,

submitted by Councillor Lorenzo Berardinetti, Chair)


As Considered by

The Council of the City of Toronto

on April 13, 14 and 15, 1999


1

Request for a 40 Kilometre Per Hour Speed Limit

on McCowan Road, North of Kingston Road

Ward 13 - Scarborough Bluffs

(City Council on April 13, 14 and 15, 1999, adopted this Clause, without amendment.)

The Scarborough Community Council recommends the adoption of the following report (March 11, 1999) from the Director of Transportation Services, District 4:

Purpose:

To investigate the need for a 40 kilometre per hour speed limit on McCowan Road, from Kingston Road to Halbert Place.

Funding Sources, Financial Implications and Impact Statement:

The $600.00 (approximate) funds associated with the installation of the speed limit signs is available in the Transportation Services 1999 budget estimates, Account No. 100-TP10226.

Recommendations:

It is recommended that:

(1) the 60 kilometre per hour speed limit identified in Appendix 1 of this report be rescinded;

(2) the 60 kilometre per hour speed limit identified in Appendix 2 of this report be adopted; and

(3) the appropriate by-law be amended accordingly.

Council Reference/Background/History:

Transportation Services received a 26 signature petition requesting a reduction in the speed limit from 60 kilometres per hour to 40 kilometres per hour on McCowan Road, between Kingston Road and Halbert Place. The concern of petitioners is for the safety of people using Cliffcrest United Church, Cliffcrest Community Centre and H.A. Halbert Junior Public School, all of which are located on the east side of McCowan Road between Kingston Road and Halbert Place. Twenty-four (24) of the petitioners live on McCowan Road, immediately north of Kingston Road, while two of the petitioners represent H.A. Halbert Junior Public School and Cliffcrest Community Centre.

Comments and/or Discussion and/or Justification:

In order to assess the appropriateness of the speed limit in question, we reviewed the existing conditions, examined the collision history and conducted speed studies on McCowan Road, north of Kingston Road.

Existing Conditions:

McCowan Road, north of Kingston Road, is posted with a 60 kilometre per hour speed limit. The road immediately south of Kingston Road, Cathedral Bluffs, is posted with a 40 kilometre per hour speed limit. Although these roads are contiguous north and south of Kingston Road, they differ significantly in that McCowan Road is an arterial road with a four lane cross-section, while Cathedral Bluffs is a collector road with a two lane cross-section. H.A. Halbert Junior Public School is located at Halbert Place and a pedestrian crossover provides crossing assistance across McCowan Road at this location. Appropriate School Area signs are posted in advance of this area. Vehicles are often observed parking on the east side of McCowan Road in front of Cliffcrest Community Centre and Cliffcrest United Church.

Speed Studies:

Automatic 24-hour speed studies were conducted on Wednesday, December 2, 1998 on McCowan Road, south of Horfield Avenue. These results revealed that most motorists travelled at speeds close to the 60 kilometre per hour speed limit. Study results are as follows:
Direction 1 - 50 Km/h 51 - 60 Km/h 61 -70 Km/h 71 - 74 Km/h > 74 Km/h Total Vehicles
Northbound 767 1629 918 98 50 3462
Southbound 641 1518 1011 142 76 3388
Total 1408 3147 1929 240 126 6850

Speed Comparison:

The table below compares studies we have conducted over the last few years at other similar arterial roads.
Study Location Speed Limit Vehicles Recorded 50th Percentile Speed 85th Percentile Speed
Midland Ave., north of Sheppard Ave. 50 km/h 22737 61 km/h 68 km/h
Midland Ave. between Eglinton Ave. & Lawrence Ave. 50 km/h 23397 59 km/h 68 km/h
Birchmount Rd. between Sheppard Ave. & Finch Ave. 60 km/h 26407 63 km/h 71 km/h
Pharmacy Ave., south of Collingsbrook Blvd. 60 km/h 12044 61 km/h 71 km/h
Bellamy Road North, south of Eastpark Blvd. 50 km/h 12528 60 km/h 69 km/h
Bellamy Road North, south of Braeburn Blvd. 60 km/h 11133 63 km/h 71 km/h
McCowan Rd., south of Horfield Ave. 60 km/h 6850 56 km/h 67 km/h

Note: The comparisons shown in the above table are based on 50th and 85th percentile speeds recorded on the respective roadways. The 85th percentile is the speed at or below which the majority of motorists feel comfortable travelling on a given section of roadway, taking into consideration traffic volumes and surrounding conditions. The 50th percentile divides the speed at which half the motorists are travelling above and below.

Our McCowan Road study results reveal that the volumes on this section of street are significantly lower than the other arterial roads that we investigated. The speeds recorded were also lower than the other streets that we investigated.

As shown in the comparison table, slightly slower speeds can occur when a speed limit is lowered below the speed at which the majority of reasonable motorists feel comfortable travelling, and in the absence of concentrated police speed enforcement.

Collision History:

A three year, five month review of the collision history, from January 1, 1995 to May 31, 1998, on the section of McCowan Road between Kingston Road and Horfield Avenue, revealed four reported collisions. None of these collisions involved motorists speeding and no collision pattern was established.

Other Factors:

Other factors are taken into consideration when determining if the existing speed limit is appropriate. The characteristics of the area south of Halbert Place differ from the conditions north of Halbert Place. A daycare centre is located in the Cliffcrest Community Centre, H.A. Halbert Junior Public School is located north of this daycare centre at Halbert Place and a pedestrian crossover assists pedestrians crossing in this area. Cliffcrest United Church is on the same parcel of land as the daycare centre. These facilities not only generate parking but also child crossing activity in the area.

To the north of Halbert Place, residential homes have direct frontage on to McCowan Road, however, no specific generator of pedestrians, specifically children exists.

The speed limit south of Kingston Road, on Cathedral Bluffs, is 40 kilometres per hour and immediately north of Kingston Road the speed limit changes to 60 kilometres per hour. Because the roadway characteristics differ significantly between Cathedral Bluffs and McCowan Road, a 40 kilometre per hour speed limit is not appropriate on McCowan Road. However, a transition speed between 60 kilometres per hour and 40 kilometres per hour would be appropriate to reflect the residential and institutional land uses in this area. Therefore, staff recommend that the speed limit on McCowan Road, between Kingston Road and Halbert Place, be reduced to 50 kilometres per hour.

Conclusions:

Staff are recommending that a 50 kilometre per hour speed limit be installed on McCowan Road from Kingston Road to Halbert Place to reflect the area and roadway operating characteristics and to provide a transition to and from the 40 kilometre per hour speed limit south of Kingston Road.

Contact Name:

Bruce Clayton

Supervisor, Traffic Investigations, Works and Emergency Services

Telephone: 396-7844; Fax: 396-5681

E-mail: clayton@city.scarborough.on.ca

--------

Appendix 1

"60 Kilometre per hour Speed Limit"

Regulation to be Rescinded

Highway From To

McCowan Eglinton Kingston

Road Avenue Road

--------

Appendix 2

"60 Kilometre per hour Speed Limit"

Regulation to be Enacted

Highway From To

McCowan Halbert Eglinton

Road Place Avenue

2

Twelve Hour Parking Limit on Mayhill Crescent

Ward 16 - Scarborough Highland Creek

(City Council on April 13, 14 and 15, 1999, adopted this Clause, without amendment.)

The Scarborough Community Council recommends the adoption of the following report (March 11, 1999) from the Director of Transportation Services, District 4:

Purpose:

To investigate the feasibility of installing a 12 hour parking limit on Mayhill Crescent.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendations:

It is recommended that a 12 hour limit not be installed on Mayhill Crescent.

Council Reference/Background/History:

A petition was submitted to Councillor Frank Faubert, representing 11 of the 20 homes (55 percent) on Mayhill Crescent, requesting a 12 hour parking limit on this street.

Comments and/or Discussion and/or Justification:

Mayhill Crescent is a local residential road located east of Scarborough Golf Club Road and south of Lawrence Avenue. Currently, there are no posted parking restrictions on this street, therefore, the unsigned three hour parking limit applies. Each of the homes on this street has sufficient room in the driveway and/or garage for at least one vehicle to park.

Throughout the amalgamated City of Toronto there is a "default" three-hour parking restriction on all streets. This restriction is intended to discourage long duration on-street parking, and to encourage the proper maintenance of off-street parking facilities. The three hour parking limit is only enforced by the police upon a request.

The policy of the former City of Scarborough regarding installing a twelve-hour limit is as follows:

(1) requests must be submitted in the form of a petition signed by the majority of property owners;

(2) off-street parking must be non-existent or deficient, based on the number of driveways versus the number of homes and in accordance with zoning requirements for parking (i.e., less than that of zoning requirements for parking which is at least one off-street space per home);

(3) long-term parking periods will apply to one side of the street only; parking will be prohibited on the opposite side of the street.

A slim majority of residents (55 percent) on Mayhill Crescent signed the petition. Furthermore, the second criterion of the twelve-hour parking policy is not fulfilled because each home is provided with off-street parking, the vast majority having space for at least two cars.

With respect to guest parking, the Toronto Police Service, Parking Enforcement Unit, does allow for parking consideration beyond the three hour limit for specific occasions. For example, if residents are aware that they will have overnight guests that will be parking on the street in excess of the three hour limit, they can contact the police and request parking consideration for that occasion. This parking consideration can be initiated by calling 808-6500. The name of the person, licence plate of the vehicle and a phone number can be given to the operator or left on the answering machine if the call is made after work hours.

Conclusions:

Considering the twelve hour parking policy is not fulfilled, staff do not recommend that a twelve hour parking limit be posted on Mayhill Crescent.

Contact Name:

Bruce Clayton

Supervisor, Traffic Engineering, Works and Emergency Services

Telephone: 396-7844

Fax: 396-5681

E-mail: clayton@city.scarborough.on.ca

3

Traffic Concerns at Morrish Public School

on Canmore Boulevard

Ward 16 - Scarborough Highland Creek

(City Council on April 13, 14 and 15, 1999, adopted this Clause, without amendment.)

The Scarborough Community Council recommends the adoption of the following report (March 11, 1999) from the Director of Transportation Services, District 4:

Purpose:

To address the need to install stopping regulations on Canmore Boulevard at Morrish Public School.

Funding Sources, Financial Implications and Impact Statement:

The $1,000.00 (approximate) funds associated with the installation of the stopping prohibition signs is available in the Transportation Services 1999 budget estimates, Account No. 100-TP10226.

Recommendations:

It is recommended that:

(1) the stopping regulations identified in Appendix 1 of this report be adopted; and

(2) the appropriate by-law be amended accordingly.

Council Reference/Background/History:

At the request of the vice-principal of Morrish Public School, Transportation Services staff investigated school related traffic/parking conditions.

Comments and/or Discussion and/or Justification:

Currently on Canmore Boulevard, in front of the school, neither parking nor stopping regulations are posted with the exception of a nine metre "No Stopping Anytime" prohibition on either side of the pedestrian crossover at Halfmoon Square. Canmore Boulevard has a posted 40 kilometre per hour speed limit and appropriate School Area signs. A Toronto Transit Commission (TTC) bus stop is located on the south side of the street, immediately west of the school turning loop.

Pedestrian Crossing Observations:

Transportation Services staff recorded the volume and location of pedestrians crossing Canmore Boulevard in the vicinity of the school, on Monday, May 11, 1998. These observations revealed a total of 220 pedestrians crossed Canmore Boulevard during the 8:00 a.m. to 9:00 a.m. and 3:00 p.m. to 4:00 p.m. study periods. Most of the pedestrians did not cross within the pedestrian crossover and no conflicts were observed between pedestrians and motorists.

Vehicle Observations:

At the same time as the pedestrian study, vehicular traffic observations were undertaken. A total of 63 vehicles (38 in the morning, 25 in the afternoon) parked in the vicinity of the school during the study. Most of these parked along the south/school side of Canmore Boulevard to the west of the TTC bus stop. Furthermore, TTC buses do not service Canmore Boulevard during the peak school admission/dismissal periods. As a result, there was no conflict between the parents picking-up and dropping-off their children and TTC buses.

Collision History:

In addition to the studies outlined above, we conducted a three year, five month collision review for the years in which we have the most current data (from January 1, 1995 to May 31, 1998.) Five collisions have been reported during this time period on Canmore Boulevard in the area of Morrish Public School.

Four of these collisions involved only minor property damage. The other collision occurred on a Saturday in 1997 when a six year old child ran from behind a parked car and was struck by a moving vehicle. This collision was at the intersection of Canmore Boulevard at Calverly Trail (west intersection.) Although any collision is regrettable, based upon the frequency and the nature of these collisions, they are not indicative of a safety problem.

Based on the results of our investigations, we are recommending the standard "school side parking/opposite side no stopping" regulations be installed on Canmore Boulevard at Morrish Public School. The specifics are as follows:

(1) Installing "No Stopping, 8:00 a.m. to 4:00 p.m., Monday to Friday" signs along the north/opposite the school side of Canmore Boulevard. These restrictions are recommended because they do not allow even temporary parking. The intention of these signs will be to prevent passengers from boarding or alighting on the opposite side of the road and crossing in front of through traffic. This prohibition will also help to keep the private driveways opposite the school, between No. 56 - No. 74 Canmore Boulevard, unobstructed by school generated traffic.

(2) Leaving the school/south side of Canmore Boulevard as it exists currently - unsigned. By not installing more parking restrictions along this side of the road, private vehicle passengers will continue to be allowed direct access to the school grounds from vehicles parking or standing on a short term basis. With vehicles permitted to park next to the school, passengers could avoid walking in front of through traffic. It should be noted that all unsigned roads in Toronto are controlled by a default parking regulation of a three hour limit. This differs slightly from our typical recommendation of a 30 minute time period, however, at this location, long duration parking during the day is not a concern. Currently, there is sufficient space along the school curb for approximately 11 private vehicles to park temporarily.

Conclusion:

In order to encourage all school-related parking and drop-off and pick-up on the school side of Canmore Boulevard, staff recommend that the standard "school side parking/opposite side no stopping" treatment be introduced in the vicinity of Morrish Public School.

Contact Name:

Bruce Clayton

Supervisor, Traffic Engineering, Works and Emergency Services

Telephone: 396-7844

Fax: 396-5681

E-mail: clayton@city.scarborough.on.ca

--------

Appendix 1

"No Stopping"

Prohibition to be Enacted

Column 1 Column 2 Column 3 Column 4

Highway Side From To Times or Days

Canmore North Calverly Trail 75 metres west of 8:00 a.m. to

Road (East Intersection) Halfmoon Square 4:00 p.m.

Monday to

Friday

4

Stop Control on Earlton Road at Araman Drive

Ward 17 - Scarborough Agincourt

(City Council on April 13, 14 and 15, 1999, adopted this Clause, without amendment.)

The Scarborough Community Council recommends the adoption of the following report (March 11, 1999) from the Director of Transportation Services, District 4:

Purpose:

To investigate the need for a stop sign on Earlton Road at Araman Drive.

Funding Sources, Financial Implications and Impact Statement:

The $150.00 (approximate) funds associated with the installation of a stop sign are available in the Transportation Services 1999 budget estimates, Account No. 100-TP10226.

Recommendations:

(1) the stop sign identified in Appendix 1 of this report be adopted; and

(2) the appropriate by-law be amended accordingly.

Council Reference/Background/History:

At the request of an area resident, Transportation Services investigated the need for a stop control westbound on Earlton Road at Araman Drive. A recent collision involving a motorist failing to negotiate a right turn from Earlton Road onto Araman Drive, colliding with the bushes on the property at 50 Araman Drive, prompted this request.

Comments and/or Discussion and/or Justification:

The intersection of Araman Drive and Earlton Road is in the residential community south of Sheppard Avenue, and east of Birchmount Road. At present, no stop controls are erected at this "T" intersection.

Our review of the collision history does not reveal any collisions being reported at this intersection over the past 3 years and 5 months that we have records for (January 1, 1995 to May 31, 1998.) However, in discussing this situation with the resident at 50 Araman Drive, she stated that other collisions have occurred which were hit-and-run. We have also not yet received a copy of the police report for the most recent collision, therefore, we can not comment further on this incident.

Conclusions:

As a result of our review of this location, a stop sign is recommended on Earlton Road to clearly define the right-of-way at this intersection and to stop motorists in advance of the sidewalk which crosses Earlton Road on the east side of Araman Drive.

Contact Name:

Bruce Clayton, Supervisor, Traffic Engineering, Works and Emergency Services

Telephone: 396-7844; Fax: 396-5681; E-mail: clayton@city.scarborough.on.ca

--------

Appendix 1

"Compulsory Stops"

Regulation to be Enacted

Column 1 Column 2

Intersection Stop Street

Earlton Road and Earlton Road

Araman Drive

5

U-Turn Prohibition on Milner Avenue at Progress Avenue

Ward 18 - Scarborough Malvern

(City Council on April 13, 14 and 15, 1999, adopted this Clause, without amendment.)

The Scarborough Community Council recommends the adoption of the following report (March 11, 1999) from the Director of Transportation Services, District 4:

Purpose:

To investigate the need for a U-turn prohibition eastbound on Milner Avenue at Progress Avenue.

Funding Sources, Financial Implications and Impact Statement:

The $150.00 (approximate) funds associated with the installation of a No U-Turn sign are available in the Transportation Services 1999 budget estimates, Account No. 100-TP10226.

Recommendations:

It is recommended that:

(1) the No U-Turn prohibition identified in Appendix 1 of this report be adopted; and

(2) the appropriate by-law be amended accordingly.

Council Reference/Background/History:

At the request of the property management for the townhouse complex on the northwest corner of Milner Avenue and Progress Avenue, Transportation Services investigated the U-turns occurring in the vicinity of the intersection of Milner Avenue and Progress Avenue. Specifically, the U-turns occurring eastbound to westbound on Milner Avenue at Progress Avenue were the main concern.

Comments and/or Discussion and/or Justification:

The signalized intersection of Milner Avenue and Progress Avenue is located south of Sheppard Avenue and east of Markham Road. The intersections immediately west of Progress Avenue, Milner Business Court and Parkborough Boulevard, are limited to right-in, right-out traffic movements because of a continuous centre island on Milner Avenue between Markham Road and Progress Avenue. Residential properties exist north of Milner Avenue, while office buildings are on the south side.

In response to the inquiry, staff studied U-turn activity on all approaches to the intersection. Our studies revealed that U-turns are occurring around each of the islands on the four approaches throughout the day, with the highest number occurring during the mid-day period. This is because heavy traffic volumes preclude many of the movements during the peak periods, while the lower volumes of the mid-day period provide motorists with more gaps to perform the U-turns. During our study, these movements were performed without conflict.

A review of the collision history from January 1, 1992 to May 31, 1998, reveals that one U-turn collision has occurred at this intersection, which involved an eastbound to westbound U-turn manoeuvre.

The majority of motorists performing these movements, particularly the U-turns east and south of the intersection, are generated by the office building on the southwest corner of Milner Avenue and Progress Avenue. Motorists are dropping-off and picking-up employees at this building, as well as children at a day care provided on the main floor of this building. The U-turns on the west and north legs of the intersection appear to be motorists exiting from businesses on Milner Business Court and originating from northbound on Markham Road. Motorists from Milner Business Court are provided with guide signs, indicating the route to westbound Milner Avenue. It appears that some of these movements are also performed by motorists who exit from westbound Highway 401 and are unable to merge over to the left-turn lane to proceed west on Milner Avenue, due to the short distance to weave to the left lane.

Despite the fact that no conflicts were observed, the number of U-turn movements taking place at this intersection are a cause of concern. Keeping in mind that restricting all U-turn movements at all locations where they are currently being performed would likely result in motorists finding other possibly less desirable alternatives or ignoring the signs completely, we are recommending the prohibition of the eastbound to westbound U-turn on Milner Avenue within the intersection at Progress Avenue. Due to the narrower width of road at this point and damage to the boulevard grass, we consider this location to have the most potential for hazardous conflicts.

Conclusions:

As a result of our review, staff recommend an eastbound to westbound U-turn prohibition on Milner Avenue at Progress Avenue.

Contact Name:

Bruce Clayton, Supervisor, Traffic Engineering, Works and Emergency Services

Telephone: 396-7844; Fax: 396-5681; E-mail: clayton@city.scarborough.on.ca

--------

Appendix 1

"Prohibited Turns"

Regulation to be Enacted

Column 1 Column 2 Column 3 Column 4

Intersection or Turns Times or

Portion of Highway Direction Prohibited Days

Milner Avenue at Eastbound U-Turns Anytime

Progress Avenue

(Councillor Feldman, at the meeting of City Council on April 13, 14 and 15, 1999, declared his interest in the foregoing Clause, in that he owns a commercial property located in close proximity to the subject intersection.)

6

Sign Variance Request

Shoppers Drug Mart, 629 Markham Road

Ward 16 - Scarborough Highland Creek

(City Council on April 13, 14 and 15, 1999, adopted this Clause, without amendment.)

The Scarborough Community Council recommends the adoption of the following report (March 8, 1999) from the Deputy Chief Building Official, East District:

Purpose:

To review and make recommendations respecting a sign variance request to allow a Shoppers Drug Mart box-type wall sign where the Sign Bylaw requires individual letters, to conform to the established sign uniformity at 629 Markham Road.

Financial Implications and Impact Statement:

Nil.

Recommendation:

It is recommended that City Council not grant a variance to permit the installed box-type wall sign.

Comments:

The subject building located at 629 Markham Road has an established wall sign uniformity of individual letters. The Scarborough Sign Bylaw requires that multiple occupancy buildings have identical sign types.

Shoppers Drug Mart has installed box-type wall signs on the south and east elevations. They subsequently applied for a sign permit under application No. 98700136 which was not approved, and Notice to Comply No. S00014 was issued to remove the signs.

Roberts Awnings who installed the signs have applied for a minor variance to the Sign By-law to permit these box-type signs. The owner of the property has no objection to these signs, as set out in a letter dated October 23, 1998, and Shoppers Drug Mart has provided a letter outlining their reasons for requesting the variance.

Shoppers Drug Mart indicates in their letter that exposure on the east elevation was "weak", however, staff recommend that individual letters would provide the same visibility and maintain the integrity of the Sign Bylaw by maintaining the uniformity that had existed on this building.

It is, therefore, recommended that a variance not be granted.

Contact Name:

Jack Barron, Manager Sign Section

(416) 396-7224

(416) 396-4266 Fax Number

barron_j@city.scarborough.on.ca

--------

Mr. Dave Smallwood, representing Shoppers Drug Mart, appeared before the Community Council in connection with the foregoing matter.

A copy of the letters referred to in the aforementioned report were provided to all Members of the Scarborough Community Council and a copy thereof is on file in the Office of the City Clerk, Scarborough Civic Centre.

Insert Table/Map No. 1

Site: 629 Markham Road

Insert Table/Map No. 2

Photograph - Shoppers Drugmart

7

Sign Variance Request

Coffee Time, 4447 Sheppard Avenue East

Ward 18 - Scarborough Malvern

(City Council on April 13, 14 and 15, 1999, adopted this Clause, without amendment.)

The Scarborough Community Council recommends the adoption of the following report (March 8, 1999) from the Deputy Chief Building Official, East District:

Purpose:

To review and make recommendations on a sign variance request to allow a second Coffee Time wall sign at 4447 Sheppard Avenue, which does not comply with the uniformity requirements of the Scarborough Sign By-law.

Financial Implications and Impact Statement:

Nil.

Recommendation:

It is recommended that City Council not grant a variance to permit the additional wall sign.

Comments:

The building located at 4447 Sheppard Avenue has a sign uniformity of 2 feet, 0 inch, box signs located below the building's facade.

The Scarborough Sign by-law requires that signs in a multiple occupancy building be of an identical sign type and located at the same elevation.

Coffee Time has installed a 3 foot, 6 inch, sign on the building facade above their 2 foot, 0 inch, existing wall sign. The sign was installed without applying for a sign permit application or obtaining a sign permit.

Notice to Comply No. S00011 was issued requesting removal of the sign. The Notice was not complied with and the applicant on behalf of Coffee Time has applied for a variance to the Sign By-law to allow the additional sign.

A letter, dated February 8, 1999, from the owners of the property, requests that Coffee Time comply with the former City of Scarborough's sign uniformity requirements, and in order to maintain the integrity of the Sign By-law, it is recommended that a sign variance not be granted to permit this additional sign.

Contact Name:

Jack Barron, Manager Sign Section

(416) 396-7224

(416) 396-4266 Fax Number

barron_j@city.scarborough.on.ca

--------

The following persons appeared before the Community Council in connection with the foregoing matter:

- Mr. Doug Jackett, Signage Systems, on behalf of Coffee Time Inc., who tabled a communication respecting this matter, a copy of which is appended hereto; and

- Ms. Eva Gnissos, Coffee Time Inc.

Insert Table/Map No. 1

Site: 4447 Sheppard Avenue East

Insert Table/Map No. 2

Request for Coffee Time at 4447 Sheppard Avenue

Insert Table/Map No. 3

Request for Coffee Time at 4447 Sheppard Avenue (Cont'd)

Insert Table/Map No. 4

Request for Coffee Time at 4447 Sheppard Avenue (cont'd)

8

Property Standards Issues at No. 21 Saunders Road

Daniel Haubold

Ward 13 - Scarborough Bluffs

(City Council on April 13, 14 and 15, 1999, adopted this Clause, without amendment.)

The Scarborough Community Council recommends the adoption of the following report (March 1, 1999) from the Director of Municipal Licencing and Standards, subject to adding the following:

(1) that the Director of Municipal Licencing and Standards be authorized to spend up to $10,000.00 to deal with this situation and report back to Scarborough Community Council in the event additional monies are required;

(2) that all costs of the clean-up of this property be levied against the homeowner as taxes;

(3) that the Executive Director of Municipal Licencing and Standards be requested to report to the Urban Environment and Development Committee and Council:

(a) on the adequacy of the Property Standards By-law to respond to property standards abuses;

(b) on the adequacy of the powers provided to the courts to respond to local property standards abuses; and

(c) to recommend changes to provincial legislation to address the powers of municipalities to respond to property standards abuses.

The Scarborough Community Council submits the following report (March 1, 1999) from the Municipal Licencing and Standards Manager, East District:

Purpose:

The purpose of this report is to document the history of the Division's involvement with the property known municipally as 21 Saunders Road and to recommend strategies for the resolution of complaints concerning the condition of the property.

Financial Implications and Impact Statement:

There will be costs associated with any subsequent clean-up of the property although such costs will ultimately be collected as taxes or in like manner as taxes.

Recommendations:

It is recommended that the Municipal Licencing and Standards Manager, East District, be directed to proceed with enforcement of Zoning By-law 10010, as amended, and By-law 24222, as amended, at premises municipally known as 21 Saunders Road.

Background/History:

The property known municipally as 21 Saunders Road is composed of a single family dwelling on a lot with a fifty foot frontage and a depth of two hundred and ninety-two feet. The property has been the subject of investigation since June, 1984. Since the first complaint, there have been numerous inspections of the property resulting in multiple notices and orders to comply issued. In addition, of the five trials initiated, four have resulted in conviction and one was adjourned sine die. All of this activity has centred around the condition of the property, most notably, the accumulation of domestic waste in the rear yard.

Over the years, the record indicates that the Division has afforded every opportunity to the owner to bring the property into compliance. Attempts at enforcement have been met with resistance by the owner through the use of all avenues of appeal and rights afforded an accused. It should be noted that all means of opposing the city's legal and property standards actions by the owner are completely legal, however, such tactics have served to draw the issue out much further than is normally the case.

Since 1990, complaints have been received from the neighbours regarding the large quantity of materials accumulating in the rear yard. These materials have consisted of accumulations of lumber and other wood products, metal material and masonry products and in an attempt to lessen the impact, the neighbours immediately south of the subject property constructed a solid board fence along the mutual lot line. The most recent court action took place in August, 1997, when the owner was convicted and placed on probation for a period of six months. In rendering sentence, Justice of the Peace Brown ordered that waste materials be removed from the rear and that all usable or reusable materials be stored neatly and covered, if appropriate. In response to the court's directive, the owner has covered much of the material with tarps and has constructed screen fencing panels to block the view from the abutting properties. In addition to the Division's involvement, it is understood that the owner and his neighbours immediately south of the property entered into an alternate dispute resolution process but were unsuccessful in resolving the matter.

At the present, the owner has relocated to another property in the city and the house at 21 Saunders Road is currently vacant. In the fall of 1998, accumulations of car parts, wood and metal were noted in the front yard. A notice was issued and the debris was subsequently cleaned up by work order. Around the same time, an inspection was undertaken by the Fire Department who concluded that no fire safety issues existed in the rear yard.

Enforcement action is currently pending over the issue of a vehicle, trailer and a pile of metal material stored in the front yard.

Legislation:

There are three by-laws currently available which address the ongoing issues at the property. They are the Property Standards By-law 20483 as amended; the Domestic and Industrial Waste By-law 24222, as amended, and the Scarborough Village Community Zoning By-law 10010, as amended.

By-law 20483

The Property Standards By-law defines 'refuse' to include "...garbage, rubbish, debris, ashes and discarded or reclaimable waste." Section 5.1.1 states that:

"Exterior property areas shall be maintained in a neat and tidy condition so as not to detract from the neighbouring environment or present a hazard to any person."

Section 5.1.2 (g) goes on to state in part that:-

"...a neat and tidy condition includes the removal of accumulations of material, debris or other objects that create an unsafe or unsightly condition deleterious to the neighbouring environment."

While the above section has been used in the past to deal with accumulations at the property, the appeal process connected with the procedure has been quite time consuming. Depending upon the timing, an appeal to the Property Standards Appeal Committee of an Order to Comply issued under the by-law can take four to six weeks. A further appeal to the courts is available to the owner and this additional step can take up to six to eight months. Only after all appeals are exhausted would the city be in a position to take action to enforce the Order to Comply or commence legal action.

As noted previously, the owner has covered much of the material with tarps and has also attempted to screen the material by erecting screen fencing around the accumulations. Based upon these efforts, there may be an argument that an unsightly condition does not exist although the tarped piles could in themselves be considered unsightly.

Once all avenues of appeal are exhausted, the repairs demanded in the Order to Comply may be undertaken by the municipality with all associated costs collected as taxes. In addition, legal action may also be initiated.

By-law 24222

By-law 24222, as amended, was enacted to deal specifically with the removal, storage and disposal of domestic and industrial waste. Under the by-law, domestic waste is defined in part as:

"...means any article, thing or matter belonging to or associated with a house or household or concerning or relating to the home or family that appears to be waste material, including but not limited to:

(1) Accumulations, deposits, leavings, litter, remains, rubbish, trash, garbage, refuse and debris;..."

The by-law requires the issuance of a notice to the owner to remove any material which offends the by-law provisions. Normally, where the property is owner occupied, a compliance time frame of forty eight hours is given. Where the ownership involves an absentee owner, time granted is usually extended to five days. The process does not involve any appeal procedure. If the city undertakes the clean up, the costs are billed to the owner and collected in like manner as taxes.

By-law 10010

By-law 10010, as amended, sets out the zoning provisions for the subject property which is zoned "S" for single family residential uses. Under Clause VIII, Section 1 (a), three uses are noted as permitted in the zone. They are single family dwellings; group homes and correctional group homes. The storage and accumulation of material on the site is not listed as a permitted use.

Where a contravention with the by-law is noted, a notice is issued to the owner directing compliance. The time frame for such compliance can vary but usually ranges from two to four weeks. There is no appeal process established in connection with the enforcement of this by-law. Non compliance with a notice results in legal action.

Report:

There are currently two options open to the municipality to deal with this issue. The property can be cleaned up or legal action can be initiated. In the normal course of events, the division would issue a notice to clear the propertyof the accumulations, failing which, a city crew would undertake the work.

The subject property presents some features which make such an undertaking more difficult. The property is fenced and there is no apparent entry to the rear yard except through the garage or house. The subject and neighbouring houses are close enough to each other so as to preclude the use of machinery in any clean-up. The work would have to be undertaken by hand which would add considerably to the cost although admittedly, this cost would ultimately be borne by the owner. In order to accomplish the clean up, entry should ideally be through the neighbouring yard at 19 Saunders Road and a portion of the board fence which currently separates the properties would have to be removed temporarily to accommodate access.

If legal action is taken, the Division would proceed under Zoning By-law 10010. The charge would be for using the property for a use (storage purposes) which is not permitted. Assuming a successful prosecution, a request for a Prohibition Order would be made as part of the sentencing recommendation. If such an Order were granted, continuation of the use would constitute contempt of court.

As noted previously, two by-laws exist which can be utilized for clean ups. The Property Standards By-law, while providing for full cost recovery, involves an appeal process which is not deemed suitable for prompt resolution of the problem. The Domestic and Industrial Waste By-law does not involve any appeal process and is considered a more appropriate method to effect the removal of the material, although costs are collected in like manner as taxes only. As noted previously, the property owners at 19 Saunders Road would be required to grant access to their rear yard and permission to temporarily remove a portion of their boundary fence.

Justification:

By-law 24222, as amended, prohibits the accumulation of domestic and industrial waste on properties within the municipality. By-law 10010, as amended, regulates the use of land within the municipality.

Contact Name:

Bryan Byng, District Manager - East District

(416) 396-7071 (416) 396-4266 Fax Number

byng#u#b@city.scarborough.on.ca

--------

Ms. Delia Roy-Ivaria appeared before the Community Council in connection with the foregoing matter, and provided a videotape, which was viewed by Community Council members, illustrating the property standards issues at this address.

Community Council also received two communications respecting this issue:

(1) from Adrian Shaikh, Solicitor, on behalf of Daniel Haubold, requesting deferral of this issue due to his inability to attend the Community Council meeting; and

(2) from Daniel Haubold, requesting deferral due to his inability to attend the meeting;

copies of which were provided to all Members of the Community Council, and a copy thereof is on file in the Office of the City Clerk, Scarborough Civic Centre.

Insert Table/Map No. 1

Saunders Road

9

Request for Direction

Zoning By-law Amendment Application Z95032

Proposed Modification to Zoning By-law 750-1998

Aspen Ridge Homes (Markham Gardens) Inc.

18 Rosebank Drive at Markham Road

Malvern Community

Ward 18 - Scarborough Malvern

(City Council on April 13, 14 and 15, 1999, adopted this Clause, without amendment.)

The Scarborough Community Council recommends the adoption of the following report (March 12, 1999) from the Director of Community Planning, East District:

Purpose:

This report presents recommendations with respect to the applicant's request for City Council's support for the Ontario Municipal Board to modify and approve the recently enacted zoning by-law amendment as it pertains to the lands located on the east side of Markham Road, between Rosebank Drive, Orchid Place Drive and Parkborough Boulevard, as shown on the adjacent map.

Financial Implications:

None.

Recommendations:

It is recommended that City Council direct:

(a) the City Clerk, to issue Notice of the pending Ontario Municipal Board Hearing of By-law 750-1998 to all persons who have been notified of passing of the by-law, with provision for the Board's consideration of Multiple Family (Townhouse) Residential (MF) Zone on Block 3, Registered Plan 66M-2300, including Performance Standard 405; and

(b) the City Solicitor and appropriate staff to support the proposed modification at the Hearing.

Comments:

In October, 1998, Council enacted a zoning by-law amendment to permit apartments on the subject site and on a block at the south-west corner of Sheppard and Progress Avenues. The implementing By-law 750-1998 was appealed by a resident of an apartment building on the north side of Sheppard Avenue, and is awaiting a hearing at the Ontario Municipal Board. No date has yet been set. The proposed modification would allow townhouses in addition to apartments as permitted uses on the subject site.

The subject block together with other lands on the east side of Markham Road, between Sheppard Avenue and Milner Avenue, with the exception of two service stations properties, are designated High Density Residential permitting townhouses and apartments at a net density of 150 units per hectare (60 units per acre) to a maximum of 1600 residential units. To date, 300 townhouses have been constructed at the north-west and south-west corners of Progress Avenue and Rosebank Drive (Blocks 5 and 6). These developments registered as two condominiums, are now occupied. An additional 154 townhouses are under construction at the south-east corner of Markham Road and Rosebank Drive.

The Council enacted Zoning By-law permits development of 417 apartment units on Block 3. The By-law restricts maximum building height to 12 metres within 30 metres (100 feet) of the streetline of Markham Road and 16 storeys on the balance of the block. A minimum of 1 square metre (10.76 square feet) of enclosed recreation space is to be provided per unit. The conceptually approved site plan drawings provide for 417 apartments to be accommodated in three buildings, two of which are 12 storeys high with the third one being 16 storeys high, as shown on Figure 6.

Due to a very favourable market interest in the townhouse accommodation, Aspen Ridge Homes Ltd. would like to broaden the approved zoning to include the permission for multiple-family (townhouse) units. A similar zoning permission already applies to Block 4 which is located on the south side of Rosebank Drive, across from the subject site.

In support of the zoning modification, the applicant has submitted a Site Plan Control application to indicate how a townhouse development could be accommodated on the property (Figure 4). The proposed site organization is based on the provision of 100 townhouses, with an underground garage to accommodate parking for residents and visitors. Six additional visitor parking spaces are provided at grade. The north-east corner of the property is subject to a public easement reserved for the future extension of the Scarborough Rapid Transit line which is proposed to run within the Parkborough Boulevard right-of-way and then turn north-westerly towards the station close to the intersection of Markham Road and Sheppard Avenue. The easement area will be landscaped as no building or permanent structure can be constructed within its boundaries. The landscape architect is preparing the landscape plan which will include the similar treatment to the landscaping approved on the adjacent blocks. Detailed plans are required to enable staff to complete the evaluation of the site plan submission.

The application has been circulated to various technical agencies and the surrounding property owners. None of the comments received to date indicated objections. No response has been received from the public.

The proposed modification is consistent with the Official Plan policies which permit townhouses within the High Density Residential designation applicable to the Aspen Ridge lands. It is also compatible with the City's objectives to promote affordable family oriented housing forms.

Based on the preliminary review of the proposal and its comparison with the similar townhouse projects already built on the neighbouring blocks, staff are of the opinion that the proposed development could be accommodated on the site in accordance with all technical requirements and planning/urban design principles. In effect, the proposed townhouse blocks along the street lines, especially those fronting onto Markham Road, would provide for a continuous building edge along this street, making the streetscape more pedestrian friendly.

The addition of townhouses causes no servicing concerns, and students emanating from the development can be accommodated in the local schools.

The proposed modification has no impact on the density provisions in the applicable Official Plan policies as all blocks within the subdivision have already been zoned, including the maximum number of residential units permitted on any given block. Any zoning by-law changes with respect to density transfer would require Council's approval which includes public consultation process.

The proposed addition of the zoning standard No. 405 requiring the provision of the common enclosed recreation space based on the ratio of 0.3 square metres (3.2 square feet) per townhouse unit is consistent with the zoning standard applicable to the adjacent blocks. In addition, it is proposed that each unit would include basement area which could be used as private recreation amenity area.

Conclusion:

The proposed zoning modification is consistent with the Official Plan policies for the area and will allow for broadening of the available options for housing accommodation. The recently built townhouse condominiums in the vicinity began to form an attractive new neighbourhood. This form of housing seems to be in demand as it is affordable and creates an environment suitable to families and encourages the use of public streets. To be consistent with the existing zoning requirement for enclosed recreation floor area applicable to other townhouse developments within the subdivision, it is recommended that Performance Standard 405 apply to this site.

Contact:

Anna Czajkowski, MCIP, RPP, Senior Planner,

Scarborough Civic Centre

Telephone: (416) 396-7022 Fax: (416) 396-4265

E-mail: czajkows@city.scarborough.on.ca

Insert Table/Map No. 1

Figure 2

Insert Table/Map No. 2

Figure 3

Insert Table/Map No. 3

Figure 4

Insert Table/Map No. 4

Figure 5

Insert Table/Map No. 5

Figure 6

10

Condominium Application SC98605

Harmony Developments II Inc.

9420-9466 Sheppard Avenue East and 2 Hedge End Road

Rouge Community

Ward 18 - Scarborough Malvern

(City Council on April 13, 14 and 15, 1999, adopted this Clause, without amendment.)

The Scarborough Community Council recommends the adoption of the following report (March 2, 1999) from the Director of Community Planning, East District:

Purpose:

This report presents recommendations to grant approval of a draft plan of condominium for a 143 unit townhouse complex presently under construction by Harmony Developments II Inc. This will complete the development of lands at the north-west quadrant of Sheppard Avenue East and Meadowvale Road, as shown on Figure 1. A total of 280 parking spaces are provided, including 250 for the residential units and 30 spaces for visitors. Also, two additional parking spaces are reserved for the visitors to the adjacent condominium. When completed, this subdivision of ground-related, three storey townhouses, focussed on a centrally located local park, will accommodate 242 families (Figure3).

Financial Implications:

None.

Recommendations:

It is recommended that City Council support the Draft Plan of Condominium SC98605 by Harmony Developments II Inc., with respect to the lands on the north side of Sheppard Avenue East and Hedge End Road, being Blocks 2 and 5, Registered plan 66M-2308, known municipally as 9420-9466 Sheppard Avenue East and 2 Hedge End Road, subject to the following conditions:

(1) Plan as stamped "Recommended" this date (see Figure 2);

(2) the owner to sign the City's Standard Tax Agreement for payment of taxes and local improvement charges;

(3) the owner shall be responsible for distributing the Scarborough "Condominium" brochures supplied by the Works and Emergency Services Department;

(4) the owner to make satisfactory arrangements with Toronto Hydro (Scarborough Office) and the Works and Emergency Services Department with regard to electrical and water servicing respectively, including any agreements and /or easements that may be required;

(5) the owner to complete all conditions of the Site Plan Control Agreement prior to registration, or enter into a financially secured agreement with the City secured by a performance guarantee in a form and amount satisfactory to the City Solicitor, to guarantee completion of the site work if the owner chooses to register the condominium prior to completion of the project; and

(6) prior to registration, the owner shall submit the final Condominium Description and Declaration for approval of the Director of Community Planning, East District, to ensure access to two visitor parking spaces on the subject site by the owners and visitors of the adjacent condominium on the south side of Hedge End Road.

Comments:

The first phase of the Harmony Village development, located on the south side of Hedge End Road, has been completed and registered as a condominium, and is now fully occupied.

This application has been circulated to various departments and agencies involved in the review process, none of which indicated objections. The proposed approval conditions reflect comments received from agencies.

The application complies with the Medium Density Residential Official Plan designation and the Zoning By-law provisions applicable to the site.

Contact Name:

Anna Czajkowski, MCIP, RPP

Senior Planner,

Scarborough Civic Centre

Telephone: (416) 396-7022

Fax: (416) 396-4265

E-mail: czajkows@city.scarborough.on.ca

Insert Table/Map No. 1

File No. SC98605

Insert Table/Map No. 2

File No. SC98605

11

Part Lot Control Exemption Application SL1999001

Mondeo Developments Inc., 740 Ellesmere Road

Dorset Park Community

Ward 14 - Scarborough Wexford

(City Council on April 13, 14 and 15, 1999, adopted this Clause, without amendment.)

The Scarborough Community Council recommends the adoption of the following report (March 12, 1999) from the Director of Community Planning, East District:

Purpose:

Mondeo Developments Inc. have begun the construction of the "Mondeo Community" residential subdivision at the northeast quadrant of Birchmount and Ellesmere Roads. The current phase of development consists of single-family and semi-detached dwelling units. This application seeks approval to lift Part-lot Control for the 22 semi-detached and 85 single-family dwellings, thereby allowing the registration of easements for maintenance and minor encroachments.

Financial Implications:

None.

Recommendations:

It is recommended that City Council:

(1) enact a Part Lot Control Exemption By-law with respect to Lots 1 to 107 inclusive on Registered Plan 66M-2330;

(2) deem that the Part Lot Control Exemption By-law shall expire one (1) year from the date of the passing of the By-law; and

(3) authorize any unsubstantive, technical, stylistic or format changes to the exemption by-law as may be required to give effect to this resolution.

Background:

The subject lands are designated Residential Mixed Use in the Official Plan and provide for a variety of dwelling unit types. The lands are zoned "Street Townhouse Residential" permitting one dwelling unit per lot as shown on a Registered Plan. The proposed lotting shown on Figure 2 conforms to the Official Plan and Zoning By-law. The Plan of Subdivision was registered on February 3, 1999.

Section 50(7) of the Planning Act, 1990, authorizes Council to adopt a by-law exempting lands within a registered plan of subdivision from part-lot control. Although the single-family and semi-detached lots were established as individual parcels on the registered plan, in some instances parts of roof structures such as eaves and soffits from one unit will encroach upon the adjacent parcel. Easements are also necessary to allow access for maintenance purposes between adjacent dwellings.

Conclusions:

The lifting of Part Lot Control on the subject lands will facilitate the implementation of easements which will allow the development to proceed as approved by the former Scarborough Council.

Contact Name:

Bill Kiru, MCIP, RPP

Planner, Community Planning Division

Scarborough Civic Centre

Telephone: (416) 396-7014

Fax: (416) 396-4265

E-mail: kiru@city.scarborough.on.ca

Insert Table/Map No. 1

File No. SL1999001

Insert Table/Map No. 2

File No. SL1999001

12

Former Scarborough Transportation Corridor

Lands Study - Phase 4 - Markham Road to Morningside Avenue

Draft Terms of Reference (W95014)

Guildwood and Scarborough Village Communities

Ward 13 - Scarborough Bluffs

(City Council on April 13, 14 and 15, 1999, adopted this Clause, without amendment.)

The Scarborough Community Council recommends the adoption of the following report (March 12, 1999) from the Director of Community Planning, East District, subject to adding the words "such review to include an investigation by the Director of the existing woodlots within this corridor and the potential application of the description "Woodlot" within the Official Plan", so that the recommendation shall now read, as follows:

"It is recommended that the City Council direct the Director of Community Planning, East District, in consultation with the staff of other appropriate City Departments, to initiate an Official Plan and Zoning By-law review in accordance with the attached Draft Terms of Reference, such review to include an investigation by the Director of the existing woodlots within this corridor and the potential application of the description "Woodlot" within the Official Plan."

The Scarborough Community Council submits the following report (March 12, 1999) from the Director of Community Planning, East District:

Purpose:

To request Council's approval of the attached draft Terms of Reference to initiate an Official Plan and Zoning By-law review for Section 5 of the former Scarborough Transportation Corridor, which runs along the south side of the Canadian National Railway from Markham Road to Morningside Avenue, as shown on Figure 1.

Funding Sources:

This item is included in the 1999 Work Program for City Planning.

Recommendation:

It is recommended that City Council direct the Director of Community Planning, East District, in consultation with the staff of other appropriate City Departments, to initiate an Official Plan and Zoning By-law review in accordance with the Draft Terms of Reference.

Council Reference:

On October 3, 1995, the former Scarborough Council set priorities for a series of studies of the former Scarborough Transportation Corridor lands, which were designated as Special Study Area through Official Plan Amendment (OPA) No. 643 approved by the Province on July 6, 1995. The recommendations directed the then Commissioner of Planning and Buildings to "conduct a programme of land use and transportation studies to replace the Special Study Area designation of the former Scarborough Transportation Corridor with appropriate policies and designations, based on the following priorities:

first: Section 6 (Morningside Avenue to Highway 2A);

second: Section 2 (Clonmore Drive to St Clair Avenue, excluding Oakridge Employment District);

third: Section 1 (Victoria Park Avenue to Clonmore Drive);

fourth: Section 3 (St Clair Avenue to Eglinton Avenue);

fifth: Section 5 (Markham Road to Morningside Avenue);

while continuing to process active development applications within these study areas, and recognising that Section 4, the Centre Street Study, is nearing completion."

In October 1995, the former Metropolitan Toronto Council also resolved to "pursue the construction of a continuous bicycling roadway between St Clair Avenue and Highway No. 2A".

Background:

Since 1992, City Planning staff have been working on land use studies for various sections of the Corridor lands, which are illustrated on Figure 2. A summary of the progress to date follows.

Accomplishments to Date:

(a) Official Plan Amendment (OPA) No. 956 for the Centre Street Study area was adopted by Scarborough Council on May 14, 1996 and approved by the Province on October 4, 1996. The amendment established various Residential, Mixed Use, Park, Open Space and Community Facilities uses within the area, and provided for a bicycle and pedestrian trail from Markham Road west to Eglinton Avenue.

(b) On October 29, 1996, Scarborough Council adopted OPA No. 972 to complete the study for Section 2 of the corridor. This amendment removed the Special Study Area designation and introduced new Open Space, Neighbourhood Park and Institutional - Public Utilities designations, as well as extending abutting residential and industrial uses to sections of the corridor which affected existing developed properties. It was approved on February 11, 1997. Zoning By-law changes accompanied this initiative.

(c) Planning issues for Section 6 in West Hill were resolved through City-initiated amendments in conjunction with a private application for a draft plan of subdivision and a re-zoning in the Manse Road/Highway 2A area. Through that process, a new public road connection from Highway 2A to Lawrence Avenue was introduced, together with Low Density Residential Uses, parkland along Coronation Drive and abutting Megan Park, and extensive Open Space areas. The Open Space designation preserves important woodlots and wetlands, and also provides a buffer between residential and industrial uses. As well, a bicycle and pedestrian trail was indicated eastward from Morningside Avenue as far as Highway 2A. These changes were effected through OPA's 983 and 987, approved by the Minister on November 18 and 27, 1997, respectively. Again, there were implementing Zoning By-law amendments, including a holding (H) zone for the residential use south of Lawrence Avenue.

(d) With respect to Section 3, for the portion east of Brimley Road OPA 1014 was adopted by Toronto Council on November 26, and came into effect on December 30, 1998. (Ministerial approval was delegated to the City in June 1998). It replaced the Special Study Area and some residential and industrial uses with Park and with an Institutional - Public Utilities designation on the Eglinton GO station property south of the CN Railway, and introduced a bicycle and pedestrian trail policy. Zoning By-law amendments to implement the new land uses were also adopted.

Other Related Studies:

The balance of Section 3 from Brimley Road to St Clair Avenue is still under study in a Working Group context, with the Public Meeting to be continued on June 23, 1999 at 7:30 p.m.

For the new parkland around McCowan Road, staff of Economic Development, Culture and Tourism are working on park and trail designs and assisting with the Children's Safety Village project.

Corporate Services and Community Services staff are investigating the potential for Corridor lands, among others, to be declared surplus and sold or to be retained for housing opportunities. The new Property Management Committee was expected to consider some of these matters at its inaugural meeting on March 8, 1999.

Comments:

While the original priority setting ranked Section 1 ahead of Section 5, planning enquiries and the efforts of Corporate Services to determine which City lands may be surplus in this area, have combined to raise the priority of Section 5 to be considered next.

West of Kingston Road, the Section 5 lands comprise deep lots (over 100 feet) along Dunelm Street and Dale Avenue, with a patchwork of City and private ownership. The land use context is entirely residential, low density for the most part with apartment buildings south of the Corridor at both Markham and Kingston Roads. East of Kingston Road the lands are almost wholly owned by the City and are occupied by the Guildwood GO Station with its associated parking lot, some grassy and wooded areas, five private homes east of Poplar Road and one large residential lot fronting on Morningside Avenue.

Conclusions:

Through the 1995 direction, Council has expressed its desire for land use planning in this area to be clarified through a comprehensive study. With the assistance of all relevant City departments, the Ward Councillors, and interested members of the public, and building on the extensive departmental expertise achieved through the earlier phases, another excellent result can be achieved.

Contact Name:

Carolyn Johnson, MCIP, RPP

Program Co-ordinator, Transportation Division

(416)-396-5376

(416)-396-4265 Fax Number

cjohnson@city.scarborough.on.ca

--------

PHASE 4 TERMS OF REFERENCE

OFFICIAL PLAN AND ZONING REVIEW

MARKHAM ROAD TO MORNINGSIDE AVENUE

INTRODUCTION

Phase 4 comprises the lands along the south side of the CNR designated as Special Study Area and their immediate surroundings, lying east of Markham Road, and extending as far as Morningside Avenue, as shown on the attached Context Map (Figure 1). It includes portions of the Scarborough Village and Guildwood Communities.

As shown on the appended Secondary Plans, the abutting land use designations include Low Density Residential (RL), High Density Residential (RH), Park and Open Space Uses.

APPROACH

Existing uses will be inventoried in the field, and opportunities for new streets will be examined. The new uses proposed as part of the 1984 study conducted by the former City of Scarborough will be reviewed in the current context. The possibility of accommodating a bicycling route will be investigated. The recommendations of the study will facilitate and encourage appropriate levels of development in suitable locations, and address the issue of integrating new uses with established single family housing. A detailed review of suitable land uses and some preliminary site planning may be required. A zoning review will also be conducted.

In conjunction with the Department of Economic Development, Culture and Tourism, options for park uses will be explored, particularly for the City-owned property, while Housing staff will be canvassed for interest in developing new homes on portions of the Corridor.

With the assistance of the Works and Environment Department, natural features will be inventoried to identify environmental functions, linkages, constraints and opportunities. Staff will also determine the availability, operation and capacities of any existing sanitary and stormwater sewer systems servicing the area, determine any infrastructure deficiencies, and develop a plan for the management of stormwater runoff from proposed and existing development. Data to be collected may include flood line records, and sewer capacity and flow monitoring.

The consultative process will require input from a wide variety of City departments and agencies; from the District and Separate School Boards; and from local Councillors and residents of the affected communities.

The Director of Community Planning will provide overall direction for the study. Staffing and funding will be provided through the departmental work program allocations.

PROCESS AND TIMING

(1) The study commencement will be publicized and explained at an introductory Community Information Meeting in the Spring, when public input and involvement will be invited. In association with the Ward Councillors, a Working Group will be established with volunteers from the audience and appropriate staff.

(2) A discussion paper will be prepared in the Summer outlining the public input and the data inventory, and the resultant issues and options. Timing will be dependent on the ecological survey, which will be affected by the weather. This paper will be circulated to departments, agencies and the public.

(3) A preliminary report will be submitted to Scarborough Community Council. Reports may be required for consideration by other Committees as well. These reports will be prepared in the Summer and Fall.

(4) A draft Official Plan Amendment and supporting report will be prepared, and the statutory process for a City-initiated OPA under the Planning Act will be followed. It should be possible to bring the draft OPA, and zoning by-law amendment if required, to Council by the end of 1999.

Insert Table/Map No. 1

Figure 2 - Other Studies

Insert Table/Map No. 2

Figure 2 - Other Studies

Insert Table/Map No. 3

Figure 2 - Other Studies

13

Removal of a Holding Symbol (H)

Zoning By-law Amendment Application SZ98019

699401 Ontario Limited, 772 Warden Avenue

Golden Mile Employment District

Ward 13 - Scarborough Bluffs

(City Council on April 13, 14 and 15, 1999, adopted this Clause, without amendment.)

The Scarborough Community Council recommends the adoption of the following report (February 8, 1999) from the Director of Community Planning, East District:

Purpose:

To recommend approval of an application seeking to partially remove the Holding Provision (H) from the Zoning By-Law to permit the redevelopment of the above property with approximately 4,100 square metres (44,100 square feet) of retail commercial space.

Recommendations:

It is recommended that City Council:

(1) amend the Employment Districts Zoning By-Law No. 24982, as amended, with respect to the Golden Mile Employment District, for the lands located on the west side of Warden Avenue, south of Eglinton Avenue, being Lots D and L, Registered Plan 3928, known municipally as 772 Warden Avenue, to partially remove the Holding Provision (H) to permit a maximum of 4,100 square metres (44,100 square feet) of commercial space under the existing Mixed Employment Zone (ME): and

(2) authorize such unsubstantive, stylistic or format changes to the Zoning By-Law as may be necessary to give effect to this resolution.

Background:

The subject property has an area of 1.6 hectares (4 acres) and contains an 8,110 square metre (87,300 square foot) industrial building with three tenants, one of which is a motor vehicle sales operation. The property is abutted on the north by the First Warden Shopping Centres property, which has been redeveloped with a Wal-Mart retail store, and to the west and south by the 1090011 Ontario Limited lands, which are presently under application to develop a further 23,000 square metres (250,000 square feet) of commercial space. A mix of retail, service, office and industrial uses exist on the east side of Warden Avenue across from the subject property.

As a result of the Golden Mile Land Use Review, the property was rezoned in September, 1997 to delete the existing industrial zoning and implement a Mixed Employment Zone (ME). This zoning provides for a wide range of commercial land uses, consistent with the zoning of the abutting lands. However, as no transportation or servicing information was supplied by the owner, Scarborough Council implemented a Holding Provision (H) in the By-Law for the property.

A Traffic Impact Study for this proposal has been reviewed and approved by Transportation Planning and Works and Emergency Services Department staff. The Transportation System Improvement (TSI) Charge, which is applied to all applicants in the Golden Mile seeking to develop new commercial uses provided for by the Official Plan, is applicable to this proposal. The owner has agreed to enter into an agreement with the City to pay the appropriate charge, or provide equivalent improvements, prior to the Bill implementing the above resolution being forwarded to Council.

While a formal Site Plan Control application has not been submitted, the applicant has filed a preliminary concept plan, as illustrated on Figure 2, for the information of Community Council. This concept plan proposes to develop the property with a 3,780 square metre (40,700 square foot) building on the north and west portion of the site and a 240 square metre (2,600 square foot) building at the northeast corner of the site.

The current application is not seeking to remove the Holding Provision (H) for the entire commercial land use permission. An additional 7,750 square metres (84,000 square feet) of these uses would still be subject to the H. Should the applicant wish to remove this Holding Provision in future, an additional rezoning application to City Council would be required.

Conclusion:

The recommended rezoning is consistent with the Official Plan and implements the City's vision for the rejuvenation of the Golden Mile - being the redevelopment of the Eglinton and Warden Avenue frontages with a wide range of commercial activities. It would also result in land uses on the property which are consistent with abutting lands and would enhance the fundamental function of the Golden Mile as an area that creates jobs and generates tax revenues that support services for City residents.

Contact Name:

Neil Cresswell, MCIP, RPP

Manager

Community Planning Division

Telephone: (416) 396-4927

Fax: (416) 396-4265

E-mail: cresswel@city.scarborough.on.ca

Insert Table/Map No. 1

Preliminary Concept Plan

14

Zoning By-law Amendment Application SZ98031

Part Lot Control By-law Amendment Application SP98008

Stephen Washington Foundation/Trustees of

Washington Methodist Church - Scarboro

3741 Kingston Road - Guildwood Community

Ward 13 - Scarborough Bluffs

(City Council on April 13, 14 and 15, 1999, adopted this Clause, without amendment.)

The Scarborough Community Council, after considering the deputations and based on the finding of fact, conclusions and recommendations contained in the report, dated February 9, 1999, from the Director of Community Planning, East District, recommends that the report of the Director of Community Planning, East District, be adopted.

The Scarborough Community Council reports having held a statutory public meeting on March 30, 1999, in accordance with Section 17 and Section 34 of the Planning Act, and that appropriate notice of this meeting was given in accordance with the Planning Act and the regulations thereunder.

The Scarborough Community Council submits the following report (February 9, 1999) from the Director of Community Planning, East District:

Purpose:

This report recommends approval of applications for a Zoning By-law Amendment and Part Lot Control Exemption applying to a 0.48 hectare (1.2 acre) parcel currently zoned "Highway Commercial." The applications provide for a freehold development consisting of four single-family residential lots fronting onto Crestwood Drive with two single-family residential and 11 street townhouse lots oriented to and obtaining access from Kingston Road. The development concept is illustrated on Figure 2 of this report.

Financial Implications:

None.

Recommendations:

It is recommended that City Council:

(A) Zoning By-law:

amend the Guildwood Community Zoning By-law No. 9676, as amended, with respect to Part of Lot 1, Registered Plan 2425 and Lots 19 and 20, Registered Plan 3136, known municipally as 3741 Kingston Road, by deleting the "Highway Commercial" zoning and replacing it as follows:

Crestwood Drive Frontage:

to be zoned "Single-Family Residential" (S) with the following Performance Standards:

(1) one Single-Family Dwelling per parcel of land having a minimum frontage of 11 metres (36 feet) on a public street and a minimum area of 335 square metres (3,600 square feet);

(2) minimum front yard building setback 3 metres (10 feet) from the street line;

(3) minimum side yard setback 3 metres (10 feet) on one side and .3 metres (1 foot) on the other side;

(4) minimum 6 metres (20 feet) rear yard setback for dwellings;

(5) a detached garage in the rear yard shall be provided with each dwelling unit;

(6) maximum building coverage 40 percent of the lot area.

Kingston Road Frontage (Including Part 5 on Figure 3):

To be zoned "Street Townhouse Residential" (ST) in a new "Street Townhouse Residential" zone restricting uses to Street Townhouse Dwellings and Single-Family Dwellings only with the following Performance Standards:

(1) notwithstanding the future division of this site into one or more parcels, a maximum of two Single-Family Dwellings and eleven Street Townhouse Dwelling units shall be permitted;

(2) minimum front yard building setback 3 metres (10 feet) from Kingston Road;

(3) maximum building height excluding basements: 3 storeys and 13.5 metres (45 feet);

(4) maximum building coverage 50 percent of the lot or parcel area;

(5) minimum rear yard setback 7.5 metres (25 feet) for Street Townhouse Dwelling units;

(6) a garage shall be provided with each dwelling unit;

(B) Part Lot Control Exemption:

(1) enact a Part Lot Control Exemption By-law with respect to Part of Lot 1, Registered Plan 2425 and Lots 19 and 20, Registered Plan 3136, known municipally as 3741 Kingston Road, applying to the lands shown on Figure 3;

(2) deem that the Part Lot Control Exemption By-law shall expire one (1) year from the date of the passing of the By-law;

(3) direct that, prior to Council passing the Part Lot Control Exemption By-law, the owner shall register against title, a restriction satisfactory to the City Solicitor, whereby no transfer or charge of the subject lands or any part thereof shall be made without the consent of the Director of Community Planning, East District;

(4) direct that, prior to the Director of Community Planning, East District's consent, the applicant is to demonstrate to the City through the appropriate legal instrument(s) that mutual easements for access and servicing will be granted to the appropriate property-owners in the development and that a maintenance agreement has been registered against the appropriate titles;

(C) Miscellaneous:

authorize such unsubstantive, technical, stylistic or format changes to the Zoning and Part Lot Control Exemption By-laws as may be required to properly carry out the intent of this resolution; and

(D) Site Plan Control:

delete the portion of the property proposed to be zoned "Single-Family Residential" from Site Plan Control.

Background:

The subject lands consist of 3741 Kingston Road, which contain the former manse dwelling, and vacant lands to the east which are in separate ownership. The manse dwelling together with the remainder of the church property are owned by the Trustees of Washington Methodist Church-Scarboro. The vacant lands to the east are owned by the Stephen Washington Foundation.

An application to sever the manse dwelling from the remainder of the church ownership and add it to the development site has been filed. Public notice for this application is being given concurrently with the rezoning application.

The development proposal provides for the creation of four freehold single-family residential lots on Crestwood Drive. The remainder of the development is also planned as freehold with each of the two single-family residential and 11 street townhouse lots having frontage on Kingston Road. Access is proposed by means of a single driveway with mutual rights of way provided to all owners. There is no access between the Crestwood Drive properties and the Kingston Road properties.

The applicant is proposing to accomplish the creation of the individual lots and easements by means of a Part Lot Control Exemption for the development shown on Figure 3. A Site Plan Control application has also been filed.

The proposal conforms to the Official Plan which designates this site Medium Density Residential providing for single, semi and street townhouses to a maximum density of 40 units per hectare (16 units per acre.) Under this designation, a maximum of 19 dwellings would be permitted whereas 17 dwellings are proposed. The Plan also encourages buffer landscaping for residential development along Kingston Road and the provision of common access to developments rather than individual driveways. The proposed development satisfies this direction.

A Community Information Meeting on this project took place on November 23, 1998. The meeting was widely advertised and attracted approximately 50 area residents as well as the local Councillors. The proposal was well-received by the community. Commitments were made by the applicant to provide more mature trees along the Crestwood Drive frontage and to use the Kingston Road access to the site during construction.

Comments:

The Interior Dwelling

In the Preliminary Evaluation Report on this project, it was noted that the creation of the interior lot (Part 5 on Figure 3) would not reflect customary land division practice in the former Scarborough. It was suggested that the lot should be assessed in terms of precedent, its relationship to the street (e.g., public access, identification of street address, safety) as well as its relationship to the rest of the development.

From a legal and zoning perspective, Part 5 has been designed as a freehold lot since by virtue of the inclusion of the common driveway into the ownership of the parcel, it has frontage on a public road. The approval of this lot division would therefore not set a precedent supporting the creation of interior lots with no public road frontage or the construction of a home behind another home on the same lot (e.g., carriage homes).

In terms of the relationship of the interior dwelling to the street, the applicant has introduced signage directing visitors to the location of this home as well as decorative paving leading to the dwelling. In addition, the applicant submits, and staff agree, that the location of the house in the interior of the development enhances public safety by providing "eyes on the lane." Finally, the house has been sited in a manner generating no apparent detrimental impact to the other homes in the development. Accordingly, staff are recommending the creation of this lot.

Preparation of Maintenance Agreement

A second issue raised in the Preliminary Evaluation Report concerned the mutual use and responsibilities of the owners for the driveway and lanes in this development as well as its services. While it was suggested that condominium ownership of these elements would be desirable, the Condominium Act has not yet been amended to provide for freehold development on a condominium-owned road.

In the absence of this legislation, the applicant has prepared a maintenance agreement which mirrors the responsibilities and structure of a condominium including the election of a maintenance committee and the establishment of a reserve fund for maintenance requirements. Staff from Legal Services and the Works and Emergency Services Department have reviewed a first draft of this agreement and discussion as to the content is ongoing.

Recommendations No. 3 and 4 under the heading "Part Lot Control Exemption" above will ensure that the lots to be created are in accordance with the lots proposed in this report and are conveyed together with and subject to necessary servicing and access easements. The registration of the maintenance agreement on title to the property will ensure that prospective purchasers have notice of the agreement.

Quality of the Development

At the Community Information Meeting, staff agreed to present the site plan and elevations to Council in order to confirm the quality development presented to the meeting. The site plan including landscaping treatment is shown on Figure 2. A double row of trees is proposed along Kingston Road as well as wrought iron decorative fencing. An entry feature consisting of brick piers, landscaping and signage is also proposed. On the Crestwood Drive frontage, more mature 100 millimetre caliper trees are being proposed instead of the standard 60 millimetre caliper tree.

A preliminary elevation concept for the Kingston Road streetscape and the rear of the townhouses is shown on Figures 4 and 5. The two storey block is proposed adjacent to the two storey manse dwelling while the three storey block is located to the east. The homes have been designed to present their fronts to the street with garages relegated to the rear away from view. In the backyard of each townhouse, a sizable deck is provided as part of the outdoor amenity space.

The Crestwood Drive lots have been designed to feature the full frontage of the homes along the streetscape with the garage located at the rear of the lot. At this point in time, the applicant has not finalized the dwelling designs for the Crestwood Drive properties. Figure 6 provides a preliminary elevation of one of the dwellings contemplated. All brick construction is proposed for these homes all well as the townhouses in this development.

Agency Review

The project has been reviewed by City Departments who have expressed no concerns with the rezoning and part lot control exemption applications. Details of the development including the final site plan, a 2.04 to 2.14 metre (approximately 6 foot) land dedication for the widening of Kingston Road, servicing, stormwater management, and the maintenance agreement are being finalized through the site plan control process.

Conclusion:

Staff are of the opinion that this infill project will have a positive influence on regeneration efforts already underway on Kingston Road. As part of the Kingston Road Study, it was determined that commercial development should be concentrated in locations on Kingston Road which have demonstrated potential for commercial success and that the areas in between (so-called "urban parkways"), such as the subject site, should be encouraged for well-designed medium scale residential (re)development.

The vision developed as part of the Kingston Road Study anticipated that the introduction of housing in the "urban parkway areas" would benefit the commercial areas by providing more customers in proximity to these nodes and would create more "eyes on the street" and street activity. The proposed development implements this vision. Finally, this development with its attractive design and quality, should integrate well with the surrounding community which was also considered a necessary component of the revitalization of Kingston Road.

Contact Name:

Ms. Jayne Naiman, Scarborough Civic Centre

Telephone: (416) 396-7040 Fax: (416) 396-4265

E-mail: naiman@city.scarborough.on.ca

--------

Mr. George Kuzmarov, the applicant, appeared before the Community Council in connection with the foregoing matter, and expressed support for the staff recommendation.

Insert Table/Map No. 1

Figure 1 - Location and Existing Zoning

Insert Table/Map No. 2

Figure 2 - Concept Plan

Insert Table/Map No. 3

Figure 3 - Part Lot Control Exemption

Insert Table/Map No. 4

Figure 4 - Elevation Plan - 2 Storey Townhouses

Insert Table/Map No. 5

Figure 5 - Elevation Plan - 3 Storey Townhouses

Insert Table/Map No. 6

Figure 6 - Elevation Plan - Single Family Dwelling

15

Official Plan Amendment Application P97019

Zoning By-law Amendment Application Z97051

Coffee Time Donuts Inc., 441 Ellesmere Road

Wexford Employment District

Ward 14 - Scarborough Wexford

(City Council on April 13, 14 and 15, 1999, adopted this Clause, without amendment.)

The Scarborough Community Council, after considering the deputations and based on the finding of fact, conclusions and recommendations contained in the report, dated February 23, 1999, from the Director of Community Planning, East District, recommends that the report of the Director of Community Planning, East District, be adopted, subject to adding a Performance Standard 2.5 under "(B) Zoning By-law", as follows:

"(2) Performance Standards:

2.5 maximum 0.48 square metres gross floor area of retail stores, personal service shops and restaurants permitted for every 1 square metre of built gross floor area;".

The Scarborough Community Council reports having held a statutory public meeting on March 30, 1999, in accordance with Section 17 and Section 34 of the Planning Act, and that appropriate notice of this meeting was given in accordance with the Planning Act and the regulations thereunder.

The Scarborough Community Council submits the following report (February 23, 1999) from the Director of Community Planning, East District:

Purpose:

This report recommends approval of applications to amend the Official Plan and Zoning By-law for the property on the south side of Ellesmere Road, east of Warden Avenue, to permit the development of an office and commercial building.

Recommendations:

It is recommended that City Council:

(A) Official Plan:

amend the Wexford Employment District Secondary Plan with respect to the Coffee Time Donuts Inc., lands, known municipally as 441 Ellesmere Road, by adding the following Numbered Policy to the current General Industrial Uses with High Performance Standards designation:

"South side of Ellesmere Road, east of Warden Avenue

Office Uses are permitted in addition to the General Industrial Uses with High Performance Standards designation on this site.";

(B) Zoning By-law:

amend the Employment Districts Zoning By-law No. 24982 (Wexford), as amended, with respect to Part of Lot 32, Concession 1, known municipally as 441 Ellesmere Road, by deleting the current "Industrial" (M) and "General Industrial" (MG) zoning and replacing it with "Mixed Employment" (ME) zoning as follows:

(1) Permitted Uses:

Mixed Employment Zone (ME) permitting the following uses:

(a) Day Nurseries;

(b) Educational and Training Facility Uses;

(c) Financial Institutions;

(d) Industrial Uses;

(e) Offices;

(f) Personal Service Shops;

(g) Places of Worship;

(h) Recreational Uses;

(i) Restaurants; and

(j) Retail Stores;

(2) Performance Standards:

(2.1) maximum total gross floor area of all retail stores, personal service shops, and restaurants shall not exceed 1,900 square metres (20,500 square feet);

(2.2) maximum total gross floor area of all restaurants shall not exceed 630 square metres (6,780 square feet);

(2.3) parking for Educational and Training Facility Uses, including those associated with an on-site restaurant, shall be provided on the basis of a minimum of 3 parking spaces per 100 square metres (1,076 square feet) of gross floor area;

(2.4) parking for Offices shall be provided on the basis of a minimum of 2.5 parking spaces per 100 square metres (1,076 square feet) of the following: gross floor area minus the gross floor area of main floor public lobbies and main floor public walkways;

(3) retain the existing Performance Standards that currently apply to the subject lands which include a maximum gross floor area of 0.75 times the lot area, minimum street and side yard building setbacks of 3 metres (10 feet), and a minimum rear yard setback of 4.5 metres (15 feet); and

(C) authorize such unsubstantive technical, stylistic or format changes as may be necessary to the Official Plan and Zoning By-law to properly carry out the intent of this resolution.

Background:

The applicant proposes to amend the Official Plan and Zoning By-law for the vacant property located on the south side of Ellesmere Road, east of Warden Avenue, to permit the new Corporate Head Office building for Coffee Time Donuts Inc. The proposal consists of a three storey office and commercial building. The ground floor of the development would consist of commercial and training facility uses, and the second and third floors would consist of Corporate offices.

Site Statistics

Site Area: 0.8 hectares (2 acres)

Proposed Gross Floor Area 3,960 square metres (42,600 square feet)

Proposed Ground Floor Area 1,900 square metres (20,500 square feet)

Proposed Restaurant Gross Floor Area 627 square metres (6,750 square feet)

Proposed Intensity of Development 0.5 times the site area

Proposed Parking 161 surface parking spaces

The subject lands are designated General Industrial Uses with High Performance Standards in the Wexford Employment District Secondary Plan and zoned 'Industrial' (M) and 'General Industrial' (MG). The current designation and zoning provides for offices and training facility uses, however amendments are required to introduce the commercial component of the proposal onto the subject lands. The subject lands were, until recently, part of a larger parcel of land, the western portion of which was conveyed to the City for consolidation with Ellesmere Park to the west. A 10 metre (33 foot) right-of-way along the northern portion of the subject lands was also granted in favour of the City to provide access to the City property from Ellesmere Road. The proposed site plan has been designed to accommodate this right-of-way into the vehicle circulation pattern for the project, including a driveway connection between the City lands and subject lands.

The subject lands were previously occupied by an industrial building which has been demolished. There were two previous proposals for this property by the previous owner including a proposed mixed residential/office/commercial development in 1990 and a proposed Garden Centre and restaurant in 1992. Both of these proposals were abandoned.

Comments:

Coffee Time Donuts Inc. currently lease space in a building at 475 Ellesmere Road and propose to move their offices into a new expanded Corporate Head Office on the subject lands to meet their growth demands. The proposed building will include a Coffee Time Donuts training facility with an associated Coffee Time restaurant on the ground floor. The preparation area for the restaurant will be within the adjacent training facility in order to train new franchise owners and employees, and to develop new products for the company.



The immediate area surrounding the subject lands has experienced a revitalization in recent years and has moved from an industrial-oriented area to a mixed employment area. Recent developments have included the Home Depot Store and Head Office located on the north side of Ellesmere Road, Costco located on the south side of Canadian Road, and Donuts and Diner restaurant located on the northeast corner of Ellesmere Road and Rolark Drive. With the recent improvement in road infrastructure in this area, including the extension of Canadian Road to Warden Avenue, the subject lands are well suited and highly accessible for the proposed office/commercial building.

A site-specific Official Plan Amendment providing for Office Uses in addition to the current General Industrial Uses with High Performance Standards designation is appropriate for the subject lands. A Mixed-Employment Zone (ME) for this property best characterizes the proposal and the mix of uses in this area. Planning staff are recommending a cap on the total gross floor area of commercial uses, including a cap on restaurants, to ensure commercial uses are limited on the subject lands consistent with the Office Uses policies of the Official Plan.

A total of 161 parking spaces are proposed on the subject lands. Based on the general parking regulations of 3 spaces per 100 square metres for office, retail, and training facility uses, and 10.7 parking spaces per 100 square metres for restaurant uses, a total of 170 parking spaces would be required. Given the mixed-use nature of the project it is anticipated that parking will be shared between the different land use components of the proposal. Planning staff are recommending a reduced parking standard of 2.5 parking spaces per 100 square metres (1,076 square feet) of office gross floor area in order to recognize the mixed-use nature of the development and encourage office employment. With this reduced parking standard for offices, a total of 159 parking spaces will be required for the proposal which will be satisfied on-site.

Planning staff are also recommending a minimum parking standard of 3 spaces per 100 square metres (1,076 square feet) gross floor area for Educational and Training Facility Uses, including those associated with an on-site restaurant, to ensure the proposed Coffee Time training preparation area on the ground floor is clearly defined as part of the training facility for parking purposes. The seating and display area of the restaurants associated with the training facility will continue to be subject to the restaurant minimum parking standard of 10.7 spaces per 100 square metres (1,076 square feet).

A Site Plan Control application has also been submitted to the City. The project will have access from both Ellesmere Road and Canadian Road, as well as landscaping and pedestrian amenities. The design details of the building and site plan will be further developed following Council's consideration of the Official Plan and Zoning By-law Amendment applications.

Conclusions:

The proposed office and commercial building will enhance and complement the subject area in a compatible manner. The recommended amendments to the Official Plan and Zoning By-law will enable the proposal to proceed, consistent with the employment objectives of the Official Plan. The new Corporate Head Office will encourage employment retention and expansion for the City while providing new tax revenue and construction opportunities.

Contact Name:

Joe Nanos, Acting Senior Planner

Telephone: (416) 396-7037 Facsimile: (416) 396-4265 nanos@city.scarborough.on.ca

--------

The following persons appeared before the Community Council in connection with the foregoing matter:

- Mr. William Au, William Au Associates Architects, on behalf of the applicant, expressing support for the staff recommendation; and

- Mr. James Okawa, Brutto Consulting, representing Canadian Mill Supply, the neighbouring landowner, expressing support for the staff recommendation, and advising Community Council that his client will also be submitting an application to expand the commercial uses on his site.

The Community Council also received a memorandum from Councillor Norm Kelly expressing his support for the staff recommendation and urging other Members of Community Council to recommend approval of this application.

16

Zoning By-law Amendment Application Z97059

1960 Eglinton Developments Ltd. and

New Fin Land Development Co. Ltd.

1960 Eglinton Avenue East

Golden Mile Employment District

Ward 14 - Scarborough Wexford

(City Council on April 13, 14 and 15, 1999, adopted this Clause, without amendment.)

The Scarborough Community Council, after considering the deputations and based on the finding of fact, conclusions and recommendations contained in the report, dated February 8, 1999, from the Director of Community Planning, East District, recommends that the report of the Director of Community Planning, East District, be adopted.

The Scarborough Community Council reports having held a statutory public meeting on March 30, 1999, in accordance with Section 17 and Section 34 of the Planning Act, and that appropriate notice of this meeting was given in accordance with the Planning Act and the regulations thereunder.

The Scarborough Community Council submits the following report (February 8, 1999) from the Director of Community Planning, East District:

Purpose:

This report recommends approval of an application to rezone the lands at the northeast corner of Eglinton and Warden Avenues to permit the development of up to 13,200 square metres (142,000 square feet) of commercial space.

Recommendations:

It is recommended that City Council:

(1) amend the Employment Districts Zoning By-Law No. 24982, as amended, with respect to the Golden Mile Employment District, for the lands located at the northeast corner of Eglinton and Warden Avenues,

being Part of Lots 3 and 4, Registered Plan 4087, known municipally as 1960 Eglinton Avenue, to delete the existing Industrial Zone (M) and General Industrial Zone (MG) zoning, replacing it with a Mixed Employment Zone (ME) with the following specific provisions:

(1) Permitted Uses:

1.1 Mixed Employment Zone (ME);

1.2 the following additional uses are permitted:

(a) Hotels;

(b) Places of Entertainment;

(c) Games Arcades;

(d) Service Shops;

(e) Vehicle Service Garages ancillary to Retail Stores;

(f) Open Storage ancillary to Retail Stores;

(2) Performance Standards:

2.1 the gross floor area of all buildings shall not exceed 0.45 times the area of the lot;

2.2 the gross floor area of all Retail Stores, Financial Institutions, Personal Service Shops, Service Shops, Restaurants and Places of Entertainment shall not exceed 13,200 square metres (142,000 square feet);

2.3 the gross floor area of all or any parts of any Retail Store dedicated to the sale of food shall not exceed a cumulative total of 700 square metres (7,500 square feet);

2.4 minimum building setback from all lot lines 3 metres (10 feet);

2.5 open storage and display of goods, in conjunction with a Retail Store, shall be permitted within 30 metres (100 feet) of a main wall;

2.6 the provisions of this By-Law shall apply collectively to this land, notwithstanding its future division into two or more parcels of land; and

(2) authorize such unsubstantive, stylistic or format changes to the Zoning By-Law as may be necessary to give effect to this resolution.

Background:

The subject lands have an area of 9.4 hectares (23.2 acres). The western portion of the lands was developed with an industrial building comprising 26,200 square metres (282,000 square feet) of space. This building is presently utilized as the head office, warehousing and distribution facilities for Drug Trading Company Ltd. Surrounding uses include a mix of retail, service, office, educational and industrial land uses.

The application is seeking to delete the existing industrial zoning of these lands and replace it with a Mixed Employment Zone (ME), permitting a wide range of commercial uses, such as retail stores, restaurants, banks and places of entertainment, as well as industrial uses, training facilities and offices. The proposed By-Law Amendment would permit a total of 42,300 square metres (455,000 square feet) of space on the lands, with the commercial uses being capped at the requested 13,200 square metres (142,000 square feet).

Scarborough Community Council is familiar with land use change in the Golden Mile Employment District through past consideration of the Land Use Review and the numerous associated development applications. This proposal is consistent with Official Plan Amendment No. 965 which implemented a Special District Commercial designation on properties fronting on Eglinton and Warden Avenues in the Golden Mile. The range of proposed land uses is also consistent with zoning permissions granted to other applicants under this designation.

A Preliminary Evaluation Report regarding this proposal was considered by Scarborough Community Council on February 18, 1998. Since that time, the property was sold by Drug Trading Company to the present owner and the abutting vacant lands to the east fronting on Ashtonbee Road have been added to the proposal. The applicant has also refined the specifics of the proposed By-Law Amendment as described above.

A Traffic Impact Study for the revised proposal has been reviewed and approved by Transportation Planning and Works and Emergency Services Department staff. The Transportation System Improvement (TSI) Charge, which is applied to all applicants in the Golden Mile seeking to develop new commercial uses provided for by OPA 965, is applicable to this proposal. The owner has agreed to enter into an agreement with the City to pay the appropriate charge, or provide equivalent improvements, prior to the Bill implementing the above resolution being forwarded to Council.

The Ontario Municipal Board recently released a Decision with respect to the appeal by Loblaws Properties Ltd. regarding the issue of large scale food retailing in the Golden Mile. The Board agreed with the position taken by the City that there is no Planning rationale for limiting the extent of food retailing in the Official Plan and dismissed the appeal on this final portion of OPA 965. As a result, the City is now in a position to approve rezoning applications seeking food store uses. However, the owner presently has no plans for a food store on the subject lands and has requested that the By-Law restrict food store uses to a maximum of 700 square metres (7,500 square feet) per retail store, consistent with other properties in the area.

As illustrated on Figure 2, a preliminary concept plan for the development indicates the proposed commercial space would be developed on the vacant eastern portion of the lands, primarily in one large retail building adjacent to Ashtonbee Road. The existing industrial building abutting Warden Avenue, presently occupied by the Drug Trading Company, would remain.

Scarborough Community Council requested that the applicant submit a formal Site Plan Control application for consideration at the same time as this By-Law Amendment. The applicant has not done so, citing the prematurity of a formal application until such time as specific tenants for the commercial space have been finalized. The applicant advises that negotiations with potential tenants are on-going, and has submitted the preliminary concept plan for the information of Community Council.

Conclusion:

The recommended rezoning is consistent with the Official Plan and implements the City's vision for the rejuvenation of the Golden Mile - being the redevelopment of the Eglinton and Warden Avenue frontages with a wide range of commercial activities. It would also result in land uses on the property which are consistent with abutting lands and would enhance the fundamental function of the Golden Mile as an area that creates jobs and generates tax revenues that support services for City residents.

Contact Name:

Neil Cresswell, MCIP, RPP

Manager, Community Planning Division

Phone: (416) 396-4927

Fax: (416) 396-4265

E-mail: cresswel@city.scarborough.on.ca

The Scarborough Community Council reports, for the information of City Council, having received the following communication (March 5, 1999) from S.A. Armstrong Limited:

We have reviewed the proposed change to zoning on the captioned lands and S.A. Armstrong Limited has a number of concerns which do not seem to be addressed in the amendments. It should be noted that S.A. Armstrong Limited is located on the shared and opposite side of Ashtonbee Road.

1. Permitted Uses - The open and unspecified commercial uses for the lands is of great concern to Armstrong. Ten years ago, Armstrong moved from an industrial area which had become eroded with commercial uses to Scarborough for the purposes of being in an industrial zone. We are now being asked to consider further erosion of the current industrial zone. The Roller Rink, and now Bowling Lanes, across from our property at Bertrand Avenue, as you know, has created problems for both industrial and residential users alike. Approval on the captioned site should be granted only for specific use after full study into the impact and appropriateness of such use has been conducted. Clearly, uses such as a games arcade and service station would be inappropriate from our point of view.

2. Road Access - We are further concerned about the road access to the site which shows ingress and egress at two new places on Ashtonbee which would compete and could be potentially dangerous when combined with our current and future industrial trucking use. Ashtonbee is already inappropriately used for community college parking. This not only creates congestion but potentially dangerous ingress and egress.

3. Performance Standards - The performance standards are difficult to interpret without some clearer idea of use. However, the setback provisions are totally inadequate and the open display of goods and outside storage of goods as a retail use on the industrial boulevard is totally inappropriate.

4. Application to the Entire Property - The amendment is written so as to apply to the entire property even though the use for commercial is to be limited. This form of mixed planning is not consistent with the official plan and leaves the way open for total commercial use of the lands in the future.

In summary, Armstrong is concerned with the continued industrial character of this area and its appropriateness of compatible uses. With the scant information available on this proposal and its impact, particularly in the abutting industrial zone, Armstrong would like to make its objections and concerns known. Further, we wish to be advised and notified of any further processing of this application as we intend to participate fully in the discussion until our issues and concerns have been aired and hopefully addressed.

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Mr. Phillip Wong, representing 1960 Eglinton Developments Limited, appeared before the Community Council and expressed support for the staff recommendation.

Insert Table/Map No. 1

Figure 2 - Preliminary Concept Plan

17

Zoning By-law Amendment Application SZ98034

Sherway Centre Limited, 55 Town Centre Court

Ward 15 - Scarborough City Centre

(City Council on April 13, 14 and 15, 1999, adopted this Clause, without amendment.)

The Scarborough Community Council, after considering the deputations and based on the finding of fact, conclusions and recommendations contained in the report, dated February 8, 1999, from the Director of Community Planning, East District, recommends that the report of the Director of Community Planning, East District, be adopted.

The Scarborough Community Council reports having held a statutory public meeting on March 30, 1999, in accordance with Section 17 and Section 34 of the Planning Act, and that appropriate notice of this meeting was given in accordance with the Planning Act and the regulations thereunder.

The Scarborough Community Council submits the following report (February 8,1999) from the Director of Community Planning, East District:

Purpose:

This report recommends amending the Progress Employment District Zoning By-law for the property located at 55 Town Centre Court, as shown on Figure 1, to permit educational and training facility uses in the existing office building.

Recommendations:

It is recommended that City Council:

(A) Zoning By-law:

amend the Employment Districts Zoning By-law No. 24982 (Progress), as amended, with respect to the lands located at 55 Town Centre Court, being Part of Blocks I and L, Registered Plan M-1410 as follows:

Additional Permitted Uses:

Educational and Training Facility Uses;

(B) Miscellaneous:

authorize such unsubstantive, technical, stylistic or format changes to the Zoning By-law as may be required to give effect to this resolution.

Background:

Scarborough Community Council on December 9, 1998, considered a Preliminary Evaluation Report and directed that the Public Meeting, for consideration of this file, be targeted for the first quarter of 1999 subject to staff providing the required Notice.

The details of the building and parking supply are as follows:

Total Gross Floor Area 21,059 square metres (226,685 square feet)

Parking Supply: Underground 219

Surface Parking Lot* 159

Total Parking 378

* Lot presently located on the west side of Town Centre Court, and permitted until December 21, 2015 by way of minor variance.

Although the site enjoys office zoning, the applicant advises that there have been numerous requests to lease vacant space for educational and training facility uses. The Committee of Adjustment has on two separate occasions granted minor variance applications permitting educational and training facility uses on the subject site for temporary periods. One variance will expire in May 2005, and the other variance will expire in July 2008. Combined both minor variances have allowed 2,954 square metres (31,800 square feet) of the building's total floor area of 21,059 square metres (226,685 square feet), or 15 percent, to be used for educational and training facility uses. Educational and training facility uses have operated in the subject office building since January 1996 without any known adverse impacts.

This office building is located at a prominent entrance-way into the core of the City Centre and is strategically located between two RT stations (McCowan and Scarborough Centre.) Accordingly, public transit service is available (RT and surface routes) to accommodate the expected number of students that would be generated by the addition of educational and training facilities to the list of currently permitted uses. The proximity of this office building to public transit also complies with the City's Official Plan (Scarborough) objective to foster and encourage a high degree of transit usage throughout the City Centre by optimizing the access between lands uses and the transit system.

The subject site is designated City Centre Uses in the City Centre Secondary Plan, which provides for all uses appropriate to form a business, cultural, social, recreational and governmental regional centre to serve primarily the eastern region. The existing City Centre Office (CCO) zoning permits offices and the following accessory uses; day nurseries, financial institutions, parking areas, personal service shops, recreational uses, restaurants and retail stores. Except for offices, day nurseries and parking areas, the list of permitted uses are allowed to a maximum gross floor area of 10 percent of the building's total gross floor area. Staff are proposing that no limitation be placed on the floor area dedicated to educational and training facility uses, since the proposed use functions similarly to an office.

Consistent with the City Centre Secondary Plan, the Zoning By-law establishes a parking standard for this site which requires a minimum of 1 parking space per 100 square metres (1,076 square feet) of gross floor area to a maximum of 3 parking spaces per 100 square metres (1,076 square feet) of gross floor area respectively for all uses. It is appropriate to regulate the parking for educational and training facility uses using the existing zoning standard.

The subject site is designated as a Site Plan Control area. There are no changes proposed for the building or parking area, and no Site Plan Control application is required.

In October 1995, Scarborough Council directed that the Commissioner of Planning and Buildings (now the Director of Community Planning, East District) consider the addition of educational and training facility uses when making recommendations on the rezoning of office and commercial properties. In recent years, Scarborough Council approved educational and training facility uses in offices and plazas in a variety of locations throughout the former City of Scarborough.

It is in the best interests of the property owner, the business community and the City to see this building successfully leased. The addition of the proposed use at this City Centre location is not only suitable but would also provide the owner with more flexibility in leasing the existing office space. It would also create the opportunity to attract businesses which will serve the business community located in the City Centre, while diversifying business and employment opportunities. Therefore, staff support the request to broaden the range of permitted uses to include educational and training facility uses.

Contact Name:

Bill Kiru, MCIP, RPP

Planner, Community Planning Division

Scarborough Civic Centre

Telephone: (416) 396-7014

Fax: (416) 396-4265

E-mail: kiru@city.scarborough.on.ca

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Mr. Ron Blake, on behalf of Sherway Centre Limited, appeared before Community Council in connection with the foregoing matter and expressed support for the staff recommendation.

Insert Table/Map No. 1

File No. SZ98034

18

Zoning By-law Amendment Application SZ98021

Arbroath Investments Inc., Maberley Crescent

Centennial Community

Ward 16 - Scarborough Highland Creek

(City Council on April 13, 14 and 15, 1999, adopted this Clause, without amendment.)

The Scarborough Community Council, after considering the deputations and based on the finding of fact, conclusions and recommendations contained in the report, dated February 2, 1999, from the Director of Community Planning, East District, recommends that the report of the Director of Community Planning, East District, be adopted.

The Scarborough Community Council reports having held a statutory public meeting on March 30, 1999, in accordance with Section 17 and Section 34 of the Planning Act, and that appropriate notice of this meeting was given in accordance with the Planning Act and the regulations thereunder.

The Scarborough Community Council submits the following report (February 2, 1999) from the Director of Community Planning, East District:

Purpose:

Fred Schaeffer, on behalf of Arbroath Investments Inc., has applied to amend the Centennial Community Zoning By-law No. 1978 from Heavy Industrial (HIND) to Low Density Residential, consistent with the provisions of the Official Plan, for an 81 m² (3,024 square foot) vacant property having frontage on Maberley Crescent.

Financial Implications:

None.

Recommendations:

It is recommended that City Council:

(1) amend the Centennial Community Zoning By-law No.1978, as amended, with respect to the property outlined on Figure 1, being Block 120, Registered Plan 66M-2129, by deleting the existing Zoning and replacing it with the Single-Family Residential (S) Zone, with the following development standards:

Zoning By-law:

(a) one single-family dwelling per parcel of land with a minimum frontage of 8.7 metres at the building setback line, and a minimum lot area of 278 square metres;

(b) minimum front yard building setback 6 metres;

(c) minimum side yard 600 mm from each side;

(d) minimum rear yard 4.5 metres;

(e) ground floor area of all buildings shall not exceed 50 percent of the lot area;

(f) chimneys, pilasters, projecting columns, balconies, unenclosed porches and canopies shall not project into any required side yard of 1 metre or less;

(g) a garage (minimum inside dimensions of 2.7 metres by 5.7 metres) shall be erected with each dwelling unit; and

(2) authorize such unsubstantive technical, stylistic, or format changes to the Zoning By-law amendments as may be required to properly carry out the intent of this resolution.

Background:

The proposed amendment would conform to the Low Density Residential designation of the Centennial Community Secondary Plan that provides for single-detached, semi-detached and street townhouses. The Single-Family zoning requirements to be implemented on this parcel will reflect development standards presently being utilized for the existing lots having frontage on Wheeling Drive and the southern portion of Maberley Crescent.

The application was circulated to various review agencies, none of whom had any comments or concerns. Statutory Public Notice has been provided to all assessed persons within 120 metres (400 feet) of the subject property and the local Community Association. To date, no written responses have been received.

The property subject of this application was excluded from the existing Low Density Residential development having frontage on Wheeling Drive and Maberley Crescent in an attempt to provide the owner the opportunity to acquire additional land. The applicant has indicated that efforts to acquire additional land have not been successful. The owner is therefore seeking approval to develop the vacant parcel.

On December 9, 1998, Scarborough Community Council endorsed a Preliminary evaluation report and directed staff to target a Public Meeting on this application for the first quarter of 1999.

Approval of this application would allow for the development of a single detached dwelling that will be compatible with the existing residential development in the immediate vicinity.

Conclusions:

This application to amend the Zoning By-law from Industrial uses to residential uses will allow for the extension of the existing residential uses to include the subject property. It is the opinion of staff that residential uses on this site is appropriate. The dwelling to be constructed on this parcel, as indicated on Figure 2, will be compatible and consistent with the existing residential dwellings in the vicinity.

Contact Name:

Theo Lawrence

Scarborough Civic Centre

Telephone: (416) 396-7038

Fax: (416) 396-4265

E-mail: lawren_t@scarborough.on.ca

--------

Mr. Fred Schaeffer, on behalf of Arbroath Investments Inc., appeared before the Community Council in connection with the foregoing matter, and expressed support for the staff recommendation.

Insert Table/Map No. 1

Figure 1 - File No. SZ98021

Insert Table/Map No. 2

Figure 2 - File No. SZ1998021

19

Liquor Licencing Information Form

Inclined Restaurant, 1375 Danforth Road, Unit 1

Ward 15 - Scarborough City Centre

(City Council on April 13, 14 and 15, 1999, adopted this Clause, without amendment.)

The Scarborough Community Council recommends that City Council:

(1) deem the issuance of this Liquor Licence to be contrary to the public interest;

(2) direct the City Solicitor to attend the hearing at the Alcohol and Gaming Commission in opposition to the issuance of this Liquor Licence; and

(3) authorize the City Clerk or her designate to complete and sign the "Municipal Information" form and forward the form with Council's decision to the Alcohol and Gaming Commission.

The Scarborough Community Council reports having directed that the following reports be submitted directly to City Council for its consideration on April 13, 14 and 15, 1999:

(1) from the Executive Director, Municipal Licensing and Standards, respecting mitigating measures against the concerns of the residents in this area, e.g., hours of operation of this establishment; and

(2) from the City Clerk respecting the background information from the Toronto Police Service regarding this location, including their opinion as to whether this licence should be granted.

The Scarborough Community Council submits the following report (March 18, 1999) from the City Clerk:

Purpose:

To receive direction for a request for a liquor licence received January 14, 1999, from Henry Thompson, O/a: Inclined Restaurant , 1375 Danforth Road, Unit 1 (Ward 15).

Recommendations:

It is recommended:

(1) that the Scarborough Community Council approve Option "a" or Option "b" listed hereunder:

(a) support the issuance of the liquor licence with conditions to Inclined Restaurant; or

(b) object to the issuance of the liquor licence to Inclined Restaurant; and

(2) that the Clerk or designate be authorized to complete and sign the "Municipal Information" form and forward the form with Council's decision to the Alcohol and Gaming Commission.

Background:

The "Municipal Information" form requires the Municipal Clerk or designate to sign to confirm the "wet/dry/damp" status of the location of the establishment. The Alcohol and Gaming Commission of Ontario (AGCO), formerly the Liquor Licencing Board of Ontario requires this form to be completed before any new liquor licence hearing can be scheduled.

The City Clerk's Division, Legislative Services Section, Scarborough Civic Centre Office, received a "Municipal Information" form for a liquor licence on January 14, 1999 from Mr. Henry Thompson, O/a: Inclined Restaurant, 1375 Danforth Road, Unit 1.

A copy of the "Municipal Information" form and the required questionnaire were forwarded to Councillors Berardinetti and Duguid for whatever action they deemed necessary.

Discussion:

The process followed for Liquor Licence Clearance can be found in the Administrative Manual for Scarborough, CA-104-03, dated 01-08-97 (see attached). The "Municipal Information" form required for new liquor licences and the required questionnaire was circulated for comments to the following: the Ward Councillor, Buildings Department, Health Department, Fire Department. Circulation to the MPP and the MP was for information purposes only.

Councillors are advised of the receipt of clearance from Buildings, Health and Fire and requested to provide one of the following comments:

(a) "Satisfied", approve the Clerk or designate to sign the Municipal Information Form.

(b) "Not Satisfied", report by Clerk's for Committee and Council.

(c) "Keep Pending", request time to investigate further.

Council may request that the Alcohol and Gaming Commission restrict the area for serving and consumption of alcohol and the hours of operation. Once the direction from Council has been finalized and a response prepared for the Liquor Licence Board of Ontario, the Clerk or designate can sign the "Municipal Information" form. Council's decision and the Municipal Information form are forwarded to the AGCO.

Councillor Duguid is not in support of this application. A letter of objection was received in Councillor Duguid's office from Chris Arvanitelis of 150 Thicketwood Drive and a petition objecting to the issuance of the liquor licence was received from the residents of 134 to 152 and 155 Thicketwood Drive. Councillor Berardinetti is in support of Councillor Duguid's response.

Full compliance/clearances from Buildings, Health and Fire Services have been received.

Conclusion:

The recommendations contained in this report will allow the Clerk to sign the Municipal Information form and forward the form and Council's comments on to the Alcohol and Gaming Commission.

Contact Name:

Glenn Vollebregt, Director of Legislative Services,

Phone: (416) 392-4373; Fax: (416) 392-1867

E-mail:

A copy of the petition objecting to the issuance of the liquor licence, referred to in the foregoing report, was provided to all Members of the Community Council and a copy thereof is on file in the Office of the City Clerk, Scarborough Civic Centre.

The following persons appeared before the Community Council in connection with the foregoing matter:

- Mr. Conrad Bennett, Legal Assistant, on behalf of Inclined Restaurant, who tabled with the Committee Administrator, a copy of a petition containing 60 signatures in support of the granting of this liquor licence, and a copy thereof is on file in the Office of the City Clerk, Scarborough Civic Centre; and

- Mr. Henry Thompson, owner, Inclined Restaurant.

(City Council on April 13, 14 and 15, 1999, had before it, during consideration of the foregoing Clause, the following joint report (April 9, 1999) from the Commissioner of Urban Planning and Development Services and the Executive Director, Municipal Licensing and Standards :

Purpose:

Under Clause 19 of the Scarborough Community Council Report No. 4, the Executive Director, Municipal Licensing and Standards, was directed to submit a report respecting measures to address concerns of residents regarding the operation of the Inclined Restaurant.

Financial Implications and Impact Statement:

NIL

Recommendations:

That the Toronto City Council receive the report for information purposes.

Background/History:

At its meeting on March 30, 1999, the Scarborough Community Council considered an application by "Inclined Restaurant" for the issuance of a liquor licence at its premises, municipally known as 1375 Danforth Road, Unit 1. In addition to the application, the Community Council also considered a petition from the residents of Thicketwood Drive objecting to the license issuance.

The residents cited three problems associated with a similar use at the same address in the past. Foremost was the issue of noise generation. Also cited was the problem of litter and debris accumulated at the property as well as reports of patrons smoking marijuana at the rear of the building.

Reports:

The Municipal Licensing and Standards Division has a number of tools to address the community's concerns. By-law 24389 as amended provides for the regulation of noise and in this regard, Schedule 'B' prohibits loud music between 5 p.m. and 7 a.m., Monday to Saturday and 5 p.m. to 9 a.m. on Sundays and Holidays. Provided the residents of Thicketwood are prepared to attend Court, prosecutions under this by-law could take place in the future as required.

By-law 20-85, as amended, is a by-law enacted to regulate the licensing of various classes of uses in the city. Section 2(55) requires that a license be obtained by:-

"Every person who owns and keeps a victualling house, ordinary or house where fruit, fish, oysters, clams or victuals are sold to be eaten therein (other than a restaurant or cafe in a hotel as defined by the Municipal Act)."

The by-law also provides a mechanism to refuse the issuance of licences. Section 11(1)(a)(b) and (e) are of particular note:

11.(1) An applicant for a licence, or for the renewal of a licence is subject to the provisions of the By-law, entitled to be issued the licence or renewal, except where,

(a) the conduct of the applicant affords reasonable grounds for belief that he or she will not carry on his trade, calling, business or occupation in accordance with law and with integrity and honesty; or

(b) there are reasonable grounds for belief that the carrying on of the trade, calling, business or occupation by the applicant will result in a breach of this By-law or any other law; or

(e) the conduct of the applicant or other circumstances afford reasonable grounds for belief that the carrying on by the applicant of the business in respect of which the licence is sought would infringe the rights, or endanger the health or safety, or other members of the public.

Where there was evidence of a conviction(s) under another by-law such as the Noise By-law, the division could refuse to renew the licence forcing the matter to a hearing before the Licencing Tribunal. The Tribunal may approve or not approve the application and may impose conditions of approval as it sees fit. In the case of the Inclined Restaurant, the division could, in addition to opposing the application, seek to have conditions such as limited operating hours imposed.

By-law 24222 as amended regulates the removal, disposing and storage of domestic and industrial waste. In addition to enforcement by way of charges, the division is empowered to clean any domestic or industrial waste with all associated costs collected in like manner as taxes.

Conclusion:

The division is prepare to utilize the legislation noted as required should the City's opposition to the issuance of a liquor licence be unsuccessful.

Contact Name:

Bryan Bing

East District Manager

(416)396-7731

(416)396-4266 Fax Number

byng#u#b@city.scarborough.on.ca)

(City Council also had before it, during consideration of the foregoing Clause, a communication (April 9, 1999) from Superintendent Dave Dicks, No. 41 Division, Toronto Police Service, providing, as requested, background information pertaining to the Inclined Restaurant, 1375 Danforth Road, Unit 1.)

20

Other Items Considered by the Community Council

(City Council on April 13, 14 and 15, 1999, received this Clause, for information.)

(a) 1999 City of Toronto Operating Budget

The Scarborough Community Council reports having held a Special Meeting on Thursday, March 25, 1999, to consider the 1999 Operating Budget and having forwarded the following recommendations to the Budget Committee:

(1) that Recreation Division insurance coverage of Permit Users be reinstated for the full year in 1999, and that the Director of Parks and Recreation, East District, be requested to report to Scarborough Community Council in the fall of 1999 on the impact of insurance cancellation, after consultation with all Scarborough area user groups;

(2) that the Scarborough Quarter Century Club funding be retained in the Budget and funded at the same level as 1998, i.e., $13,000.00, from the Corporate Non-Departmental Account;

(3) that the Chief Financial Officer and Treasurer be requested to report to Budget Committee on:

(a) the impact of phasing in the water rate increase over a five-year period, as was undertaken with the introduction of Current Value Assessment; and

(b) capping the commercial users at 2.9 percent for three years;

(c) the financing of water meter installation for flat rate users through a user fee on the water consumption of such users;

(4) that water rate harmonization be initiated after all users within the City of Toronto are metered;

(5) that, since the harmonization of water and sewer rates across the City is being recommended on a revenue neutral basis:

(a) implementation be deferred to allow a complete public consultation process by Ward Councillors on a Ward by Ward basis;

(b) an implementation policy be considered for the budget year 2000; and

(c) the Chief Financial Officer and Treasurer be directed to develop phase-in financial impacts, similar to the implementation of Current Value Assessment.

The Scarborough Community Council further reports having:

(1) adopted the following motion, as proposed by Community Voices of Support, and directed that it be forwarded for consideration by the Budget Committee:

"WHEREAS, in the performance of its mandate to oversee the consolidation of all municipal grant programs for the amalgamated City of Toronto, the Municipal Grants Review Committee concluded that the 1999 consolidated community grants budget should be flatlined at the 1998 level; and

WHEREAS within a flatlined community grants budget, there is $1,378,000 available for allocation to begin leveling-up programs and services in under-resourced communities and areas; and

WHEREAS the Municipal Grants Review Committee recommended the flatlined grants budget for 1999 and the reallocation of the $1.3 million to the grants budget; and

WHEREAS the Community and Neighbourhood Services Committee supported this recommendation at its meeting on March 24;

THEREFORE BE IT RESOLVED that the Scarborough Community Council endorse the position of the Community and Neighbourhood Services Committee on the 1999 consolidated grants budget, specifically that the 1999 consolidated grants budget be flatlined at the 1998 level, including the $1.3 million available for reallocation to the grants budget."; and

(2) requested that the Community Council Chair arrange a meeting with Mayor Lastman, to which all Members of the Scarborough Community Council are to be invited, to discuss the issue of harmonization.

The Scarborough Community Council had before it:

(1) a communication (March 5, 1999) from the City Clerk advising that the Budget Committee has completed its preliminary review of the Budget and forwarding, in accordance with Budget Committee direction:

(i) the 1999 Operating Budget, together with a communication (March 5, 1999) from Councillor Tom Jakobek, Chair, Budget Committee;

(ii) the preliminary recommendations of the Budget Committee for the information of Community Council; and

requesting that Community Council forward its recommendations pertaining to the 1999 Operating Budget to the Budget Committee prior to the commencement of the "wrap-up" meetings on April 6, 1999;

(2) a communication (February 24, 1999) from the City Clerk, referring for the attention of the Scarborough Community Council, a report (February 19, 1999) from the Chief Administrative Officer respecting Service Level Harmonization, as directed by the Special Policies and Priorities Committee, at its meeting held on February 23, 1999;

(3) a report (March 18, 1999) to the Budget Committee from the Chief Administrative Officer and the Chief Financial Officer and Treasurer respecting Service Harmonization - Financial Impact Analysis; and

(4) a report (March 22, 1999) to the Budget Committee from the Chief Financial Officer and Treasurer respecting Harmonization of Water and Water Pollution Control Rates.

The Community Council received:

(1) a presentation made by Mr. Michael R. Garrett, Chief Administrative Officer, respecting the preliminary 1999 Operating Budget, and the Key Harmonization Areas contained therein;

(2) a presentation made by Ms. Wanda Liczyk, Chief Financial Officer and Treasurer, on the issue of Water Rate Harmonization.

--------

The following persons appeared before the Community Council respecting the 1999 Operating Budget:

- Maria de Wit, Chair, Child Care Advisory Committee of Toronto;

- Jackie Creber, Chair of the Board, Youthlink;

- Mrs. Georgie Curtis, President, Scarborough Quarter Century Club;

- David Rew, East Scarborough Boys & Girls Club;

- Susette Clunif, Director, Community Services, Warden Woods Community Centre;

- Doreen Lalor, Coalition for Children and Youth, Scarborough;

- Richard de Gaetano, Scarborough Homelessness Committee;

- Valarie Hartling, Children's Aid Society;

- Margaret Hefferon, The Caring Alliance ... Keeping Hope Alive (a volunteer group working with homeless families with children in Scarborough Shelters);

- Ken Amoroso, Membership Secretary, C.U.P.E. Local 79;

- Marika Bandera, President, Dorset Park Community Ratepayers' Association;

- John Morris, Scarborough resident;

- Raluca Baciu, Scarborough resident;

- Kathleen Rocklin, Scarborough resident;

- Christine Panourgias, Scarborough resident;

- Suzanne Peacock, Scarborough resident;

- Lyn Bezer, Toronto Home Child Care Association;

- Lynda Joseph, Professional Home Child Care provider;

- Douglas Grigg, Scarborough resident and House League Hockey supporter;

- David Conrad, Scarborough resident;

- Brian Dorgan, Scarborough resident;

- Lynda Wheeler, Terraview Willowfield Residents' Association;

- Alan Burke, East Beach Community Association;

- Karin Eaton, Scarborough Arts Council;

- Angelo Zacharakis, Scarborough resident;

- Peter Clutterbuck, Community Social Planning Council of Toronto;

- John Elliott, Community Voices in Support;

- Ravi Kandiah, Agincourt Family Services; and

- Lister Tennant, Scarborough resident.

The Community Council also received the following written submissions:

- communication (March 24, 1999) from Community Voices in Support, addressed to Councillor Chris Korwin-Kuczynski, Chair, Community and Neighbourhood Services Committee, and attaching draft motion on the Community Grants budget for consideration of the Scarborough Community Council;

- from Doreen Lalor, Coalition for Children and Youth (Scarborough), attaching proposals on the City Budget from the Metro Network for Social Justice;

- communication (March 24, 1999) from L.A. Hemphill, Principal, Agincourt Collegiate Institute, respecting the provision of additional resources to support Public Health Services of Toronto;

- communication (March 1999) from Diane Weinwurm, Co-Chair, The Lung Association Tuberculosis Committee, respecting the importance of providing adequate resources for the prevention and treatment of tuberculosis;

- communication (March 22, 1999) from Anne Dubas, President, C.U.P.E. Local 79, expressing concern over the impact of the continuing loss of staff in the City and stressing the importance of maintaining a skilled civil service which can provide quality services to the public;

- communication (March 18, 1999) from Councillor Ron Moeser, requesting that Community Council consider the restoration of the Leaf Pick-Up Programme to the level which was provided in 1998;

- petition, containing 106 signatures, protesting the continued increases in the cost of ice rentals for House League Hockey in Scarborough, and advising (i) that the 1999 increase is the second of three to occur over three consecutive years, all for the sake of harmonizing costs across the amalgamated City of Toronto; (ii) that the previous Scarborough Council felt it was important that costs for minor hockey in Scarborough should be reasonable and affordable so as many children as possible could have the opportunity to play, regardless of economic circumstances; and (iii) requesting that this matter be reviewed prior to final approval of the 1999 Operating Budget.

Copies of the foregoing communications were forwarded for the information of the Budget Committee, and copies thereof are on file in the Office of the City Clerk, Scarborough Civic Centre.

(b) Request for Installation of Traffic Control Signals Pharmacy Avenue and Dewey Drive Ward 14 - Scarborough Wexford

The Scarborough Community Council reports having:

(1) received a memorandum (March 30, 1999) from Councillor Kelly, advising that he and Councillor Tzekas attended a community meeting on this matter at which it was agreed that Transportation staff would review the options and issues brought to their attention by the community and report back, and requesting deferral of the following report until staff have reported and the community is ready to approach Scarborough Community Council with its recommendations; and

(2) adopted the motion of Councillor Tzekas to defer this matter, as requested:

(January 13, 1999) from the City Clerk advising that the Urban Environment and Development Committee, at its meeting on January 11, 1999, referred the report, dated December 8, 1998, from the General Manager, Transportation Services, respecting the above-noted request, to the Scarborough Community Council for consideration.

(c) Proposed Modifications to Traffic Control Signals Lawrence Avenue East at Crockford Boulevard and Ellington Drive Ward 14 - Scarborough Wexford

The Scarborough Community Council reports having:

(1) received a memorandum (March 29, 1999) from Councillor Kelly, requesting deferral of the following report to permit community consultation; and

(2) adopted the motion of Councillor Tzekas to defer this matter to its next meeting to be held on April 28, 1999:

(March 11, 1999) from the Director of Transportation Services, District 4, advising Community Council of the feasibility of incorporating the intersection of Lawrence Avenue East and Ellington Drive within the existing traffic control signals at Crockford Boulevard, and recommending that this report be received for information.

(d) Parking and Traffic Conditions on Nelson Street and Farmbrook Road at Cedarbrook Junior Public School Ward 15 - Scarborough City Centre

The Scarborough Community Council reports having deferred the following report, at the request of Councillor Duguid, to the meeting scheduled to be held on April 28, 1999:

(March 11, 1999) from the Director of Transportation Services, District 4, recommending that:

(1) the stopping regulations identified in Appendix 1 of this report be adopted;

(2) the appropriate by-law be amended accordingly;

(3) the existing on-street parking restrictions on Nelson Street remain unchanged;

(4) copies of this report be sent to the Toronto Board of Education, and Cedarbrook Junior Public School for their information; and

(5) a copy of this report be sent to the Toronto Police Service, Parking Enforcement Unit, requesting selective enforcement of the existing parking regulations near Cedarbrook Junior Public School.

(e) Request for an All-Way Stop Control on Centennial Road at Conference Boulevard/Clemes Drive Ward 16 - Scarborough Highland Creek

The Scarborough Community Council reports having deferred the following report, at the request of Councillor Moeser, to the meeting scheduled to be held on June 23, 1999:

(March 10, 1999) from the Director of Transportation Services, District 4, advising Community Council on the results of the all-way stop control warrant studies conducted at the intersection of Centennial Road and Conference Boulevard/Clemes Drive, and recommending that this report be received for information.

(f) Installation of "No Ball Playing" Signs

The Scarborough Community Council reports having:

(1) received the following report;

(2) retained the option to install "No Ball Playing" signs in the future; and

(3) directed that the Deputy Chief, East District, be requested to report to Scarborough Community Council on the protocol for enforcement of "No Ball Playing" on City streets:

(March 11, 1999) from the Director of Transportation Services, District 4, recommending that the previous practice in Scarborough of not installing signs on streets to state the blanket prohibition of road sports be continued in the Scarborough Community Area.

(g) Request for Fence By-law Exemption Bruce Cossar and Laurie Vogan 34 Allangrove Crescent Ward 14 - Scarborough Wexford

The Scarborough Community Council reports having deferred the following report, at the request of Councillor Tzekas, to the next meeting scheduled to be held on April 28, 1999 to permit further community consultation:

(February 2, 1999) from the Director of Municipal Licencing and Standards, recommending that, owing to a lack of resolution as to the location of the fence, Council not approve the request from the owners of 34 Allangrove Crescent for an exemption to the Fence By-law.

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The Community Council received a communication (February 18, 1999) addressed to the Municipal Standards Division from Mr. Ray Chambers, landscape contractor, respecting this issue, a copy of which was provided to all Members of the Community Council and a copy thereof is on file in the Office of the City Clerk, Scarborough Civic Centre.

(h) Preliminary Evaluation Report Official Plan Amendment Application SP1999001 Zoning By-law Amendment Application SZ1999003 Navroz Hoteliers Inc., 2121 Kingston Road Cliffside Community Ward 13 - Scarborough Bluffs

The Scarborough Community Council reports having approved the following report:

(March 9, 1999) from the Director of Community Planning, East District, recommending that staff process these applications in the normal manner and that Scarborough Community Council convene a Public Meeting, targeted for the third quarter of 1999, subject to:

(1) staff conducting a Community Information Meeting with a standard notice area of 120 metres (400 feet) from the subject property, and to the local Community Association; the date of the Community Information Meeting to be determined in consultation with the Ward Councillors; and

(2) staff providing Notice of the Public Meeting to all property owners within 120 metres (400 feet) of the property.

(i) Preliminary Evaluation Report Zoning By-law Amendment Application SZ1998035 Shell Canada Limited, 1805 Victoria Park Avenue Wexford Community Ward 14 - Scarborough Wexford

The Scarborough Community Council reports having approved the following report:

(March 17, 1999) from the Director of Community Planning, East District, recommending that Scarborough Community Council convene a Public Meeting to consider this application, targeted for the second quarter of 1999; Notice of the Public Meeting to be provided to all properties within 120 metres (400 feet) of the subject lands.

(j) Preliminary Evaluation Report Official Plan Amendment Application P97009 Zoning By-law Amendment Application Z97027 The Omni at the City Centre Inc. Ward 15 - Scarborough City Centre

The Scarborough Community Council reports having approved the following report, subject to deleting Recommendation No. (4) contained therein, viz:

"(4) report back with a Status Report to Scarborough Community Council on the items listed above, prior to scheduling the Public Meeting at Community Council.":

(March 18, 1999) from the Director of Community Planning, East District, recommending that Scarborough Community Council direct the Director of Community Planning, East District, to:

(1) convene a Community Information Meeting; Notice for this meeting to be provided to the nearby Community Associations, residents within the Omni development, and residents south of Ellesmere Road who live within 120 metres (400 feet) of the site; in consultation with the local Ward Councillors;

(2) require the applicant to submit the following studies in support of these applications: Site Plan Control, Traffic Study, Pedestrian Wind Level Study and Hydrogeological/Soils Study;

(3) process the applications in the normal manner and work with the applicant to achieve a high quality site plan appropriate for the City Centre, having regard for building location, massing, design and roof design to achieve the City Centre Design objectives, including a strong identifiable image for the overall Omni development and to provide an attractive addition to the Scarborough City Centre skyline; and

(4) report back with a Status Report to Scarborough Community Council on the items listed above, prior to scheduling the Public Meeting at Community Council.

(k) Preliminary Evaluation Report Zoning By-law Amendment Application SZ1999001 734554 Ontario Limited, 1255 Markham Road Woburn Community Ward 16 - Scarborough Highland Creek

The Scarborough Community Council reports having approved the following report:

(March 3, 1999) from the Director of Community Planning, East District, recommending that Scarborough Community Council convene a Public Meeting, targeted for the second quarter of 1999, subject to:

(1) staff convening a Community Information Meeting, in consultation with the Ward Councillors; and

(2) staff providing Notice of the meeting to all properties within 120 metres (400 feet) of the property.

(l) Preliminary Evaluation Report Zoning By-law Amendment Application SZ1999005 Dr. Jarmila Filipko, 3717 Sheppard Avenue East Tam O'Shanter Community Ward 17 - Scarborough Agincourt

The Scarborough Community Council reports having deferred the following report, at the request of Councillor Mahood, to the next meeting scheduled to be held on April 28, 1999:

(March 16, 1999) from the Director of Community Planning, East District, recommending that Scarborough Community Council convene a Public Meeting to consider this application, targeted for the second quarter of 1999, subject to:

(1) staff convening a meeting with the applicant and the owners of the five adjacent single family properties to review the proposal and discuss future land assembly and redevelopment opportunities for this area; and

(2) the applicant submitting a Site Plan Control Application for the proposal.

(m) Preliminary Evaluation Report Zoning By-law Amendment Application SZ1999002 Site Plan Control Application SS1999012 Jesk Enterprises Ltd. Tapscott Employment District Ward 18 - Scarborough Malvern

The Scarborough Community Council reports having approved the following report:

(March 18, 1999) from the Director of Community Planning, East District, recommending that Scarborough Community Council direct staff to process these applications in the normal manner.

(n) Request for Direction Appeal by the University of Toronto Ontario Municipal Board Hearing Scarborough Official Plan Amendment No. 988 Ward 16 - Scarborough Highland Creek

The Scarborough Community Council reports having approved the following report:

(March 22, 1999) from the Director of Community Planning, East District, recommending that Scarborough Community Council direct the Director of Community Planning, East District, to:

(1) convene a community information meeting of community associations, residents and property owners within the area bounded on the north by Highway 401 on the south by the Highland Creek, and 300 metres (1000 feet) east and west of the subject lands, and to report back to Scarborough Community Council at its meeting of April 28 to 29, 1999 with recommendations for a City position to be taken at the May 31, 1999 OMB hearing; and

(2) continue to meet with the representatives of the University of Toronto in revising their proposed Official Plan amendment to incorporate a land use map and policy statements at an appropriate level of detail.

The Scarborough Community Council reports having received:

(1) a supplementary report (March 29, 1999) from the Director of Community Planning, East District, providing additional background information respecting the abovementioned report; and

(2) a communication (March 26, 1999) from Mr. Stanley M. Makuch, Solicitor, Cassels Brock and Blackwell, on behalf of the University of Toronto, a copy of which was provided to all Members of Community Council, and a copy thereof is on file in the Office of the City Clerk, Scarborough Civic Centre.

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Mr. Stanley M. Makuch, Solicitor, appeared before the Community Council in connection with the foregoing matter and expressed support, on behalf of the University of Toronto, for the staff recommendations.

(o) New Applications - All Scarborough Wards

The Scarborough Community Council reports having received the following report:

(March 15, 1999) from the Director of Community Planning, East District, advising Community Council of the new applications received during the six-week period ending March 10, 1999, and recommending that this report be received for information.

(p) Site Plan Control Approvals - All Scarborough Wards

The Scarborough Community Council reports having received the following report:

(March 12, 1999) from the Director of Community Planning, East District, advising Community Council of the Site Plan Control Approvals granted by the Director, and recommending that this report be received for information.

(q) Consent Applications - All Scarborough Wards

The Scarborough Community Council reports having received the following report:

(March 12, 1999) from the Director of Community Planning, East District, advising Community Council of the Consent Decisions granted by the Director, and recommending that this report be received for information.

(r) Ontario Municipal Board Hearings - All Scarborough Wards

The Scarborough Community Council reports having received the following report, and having requested that the City Solicitor forward a request to the Ontario Municipal Board that the hearing with respect to Application No. SP1998015, SZ1998027 and SS1998104, Shell Canada, 2650 Brimley Road, Agincourt North Community, be convened at the Scarborough Civic Centre, in order to accommodate attendance by the local residents:

(March 12, 1999) from the Director of Community Planning, East District, advising Community Council of the status of current appeals to the Ontario Municipal Board, and recommending that this report be received for information.

(s) Ontario Municipal Board Decision 573 Meadowvale Road Ward 16 - Scarborough Highland Creek

The Scarborough Community Council reports having received the following report:

(March 3, 1999) from the City Solicitor, advising of an Ontario Municipal Board Order granting a Zoning By-law Variance and Consent to Convey with respect to No. 573 Meadowvale Road, and recommending that this report be received for information.

(t) Ontario Municipal Board Decision 50 Nashdene Road, Unit 105 Ward 18 - Scarborough Malvern

The Scarborough Community Council reports having received the following report:

(March 10, 1999) from the City Solicitor, advising Community Council of an Ontario Municipal Board Decision on a Variance appeal respecting 50 Nashdene Road, Unit 105, and recommending that this report be received for information.

(u) Ontario Municipal Board Decision Minor Variance and Consent Appeals No. 128 Scarboro Avenue Ward 16 - Scarborough Highland Creek

The Scarborough Community Council reports having received the following report:

(March 18, 1999) from the City Solicitor, advising the outcome of the Ontario Municipal Hearing respecting 128 Scarboro Avenue and recommending that this report be received for information.

(v) Ontario Municipal Board Decision Minor Variance Appeal Shell Canada, 2801 Midland Avenue Ward 17 - Scarborough Agincourt

The Scarborough Community Council reports having received the following report:

(March 19, 1999) from the City Solicitor, advising the outcome of the Ontario Municipal Board Hearing respecting 2801 Midland Avenue and recommending that this report be received for information.

(w) Ontario Municipal Board Decision Application for Redesignation of Industrial Lands Morningside Heights Landowners' Group Ward 18 - Scarborough Malvern

The Scarborough Community Council reports having received the following report:

(March 19, 1999) from the City Solicitor, advising the outcome of the Ontario Municipal Board Hearing respecting the above-noted matter and recommending that this report be received for information.

(x) Appointment to the Scarborough Block Parent Program Representative of the Scarborough Community Council

The Scarborough Community Council reports having appointed the Chair or his designate as its representative on the Scarborough Block Parent Program Inc.:

(March 17, 1999) from Wayne Tulley, Director, Scarborough Block Parent Program, requesting that the Community Council appoint its representative to the Scarborough Block Parent Program.

(y) First Nations' Cemetery Within Tabor Hill Park Ward 15 - Scarborough City Centre

The Scarborough Community Council reports having approved the following report:

(March 22, 1999) from the Commissioner of Economic Development Culture and Tourism, recommending that staff continue to work with the First Nations' Representatives, community members and Ward 15 Councillors on two events celebrating native history and culture, i.e., National Aboriginal Day on June 10, 1999 in the Albert Campbell Square, and a Sunrise Ceremony on June 12, 1999 at Tabor Hill Park.

(z) Recreation Recognition Night (Scarborough)

The Scarborough Community Council reports having established a Sub-committee comprising the Chair and Councillors Cho, Shaw and Tzekas to further consider the confidential report (March 22, 1999) from the Commissioner, Economic Development, Culture and Tourism, respecting the Recreation Recognition Night Awards, and having directed that the Sub-committee report its recommendations thereon to the Community Council.

(aa) Residential Water Service Connection Repair Program

The Scarborough Community Council reports having:

(1) referred the following reports to Works and Utilities Committee without comment at this time:

(2) requested that the Managing Director, Water and Wastewater Services, submit a report to Works and Utilities Committee on the practice in the former City of Scarborough compared to the proposals contained in these reports; and

(3) directed that a copy of the Managing Director's report be provided to all Members of the Scarborough Community Council prior to the Works and Utilities Committee meeting to be held on April 21, 1999:

(March 26, 1999) from the Director of Quality Control and System Planning, Water & Wastewater Services, referring two reports (October 23, 1998) from the General Manager, Water and Wastewater Services, and (November 20, 1998) from the Commissioner, Works and Emergency Services, both submitted to the Works and Utilities Committee, respecting a harmonized Residential Water Service Connection Repair Program which encompasses the categories: Breaks/Leaks, Standard Size of Water Service Connection, Minimum Acceptable Flow, Water Service Cleaning and the Water Service Connection Replacement/Upgrade Program, with the request that Community Council provide its comments thereon to the Works and Utilities Committee meeting to be held on April 21, 1999.

(bb) Winter Maintenance

The Scarborough Community Council reports having received a verbal briefing by the Director, Transportation Services, District 4, with respect to the content of the report to be submitted to the Works and Utilities Committee on the review of the winter maintenance program.

(cc) Harmonization of the Sign By-law across the new City of Toronto

The Scarborough Community Council reports having approved a request by Councillor Shaw, that the Commissioner, Urban Planning and Development Services be requested to report to Scarborough Community Council, at the appropriate time, on the matter of harmonization of the Sign By-laws and department fees across the new City of Toronto.

(dd) Temporary Liquor Licences

The Scarborough Community Council reports having approved a request by Councillor Mahood, that the Commissioner, Urban Planning and Development Services in conjunction with the City Solicitor be requested to report to Scarborough Community Council at its next meeting scheduled to be held on April 28, 1999, on the issue of temporary Liquor Licences being issued to an industrial unit with recreational uses in Ward 17, Scarborough Agincourt, and the problems associated therewith.

(ee) Compost Give-away

The Scarborough Community Council reports having approved a request by Councillor Shaw that the Works and Utilities Committee be requested to re-establish the compost give-away days conducted by the former City of Scarborough Council and direct the Commissioner, Works and Emergency Services, to report to Scarborough Community Council on a method of accomplishing this event.

(ff) Committee of Adjustment

The Scarborough Community Council reports having approved a request by Councillor Tzekas that the Director, Community Planning, East District, report to the next meeting scheduled to be held on April 28, 1999, on the matter of the composition and mandate of the (Scarborough) Committee of Adjustment.

Respectfully submitted,

LORENZO BERARDINETTI

Chair

Toronto, March 30, 1999

(Report No. 4 of The Scarborough Community Council, including additions thereto, was adopted, without amendment, by City Council on April 13, 14 and 15, 1999.)

 

   
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