TABLE OF CONTENTS
REPORTS OF THE STANDING COMMITTEES
AND OTHER COMMITTEES
As Considered by
The Council of the City of Toronto
on July 27, 28, 29 and 30, 1999
SCARBOROUGH COMMUNITY COUNCIL
REPORT No. 10
1 Installation of a 40 Kilometre Per Hour Speed Limit on Colonial Avenue Ward 13 - Scarborough Bluffs
2 Stopping Prohibition on Surrey Avenue West of Inniswood Drive Ward 14 - Scarborough Wexford
3 Request for All-Way Stop Control on Borough Drive/Omni Drive at Borough Drive/Condominium Driveway
Ward 15 - Scarborough City Centre
4 Parking Prohibition on Cedar Brae Boulevard Ward 15 - Scarborough City Centre
5 Stop Controls in the Community South of Lawrence Avenue Between Bennett Road and Beechgrove Drive
Ward 16 - Scarborough Highland Creek
6 Stop Control Eastbound on Halfmoon Square at Halfmoon Square Ward 16 - Scarborough Highland Creek
7 Request for Fence By-law Exemption Gregory and Kerryn Parvatan, Mitchell and Sherri Shafi 247 and 249 Friendship Avenue Ward 16 - Scarborough Highland Creek
8 Draft Plan of Condominium Application SC98601 The Residences of Bamburgh Gate Inc. 3088 Kennedy Road, Steeles Community Ward 17 - Scarborough Agincourt
9 Request for Direction Minor Variance Appeal Application SA119/99 901865 Ontario Inc., 3766 and 3708 St. Clair Avenue East Cliffcrest Community, Ward 13 - Scarborough Bluffs
10 Request for Direction Minor Variance Appeal Application A323/97 1149790 Ontario Limited, 47 Crockford Boulevard
Wexford Employment District Ward 14 - Scarborough Wexford
11 Request for Direction Zoning By-law Amendment Application Z98029 Dar-Zen Holdings Limited 4800 and 4810 Sheppard Avenue East Marshalling Yard Employment District Ward 18 - Scarborough Malvern
12 Request for Direction Minor Variance Appeal Application SA167/98 Shell Canada Limited, 1670 McCowan Road
Agincourt Community Ward 18 - Scarborough Malvern
13 Part Lot Control Exemption Application SPL98003 Blueblood Developments Inc., Bridlegrove Drive, Castlethorpe Drive and Storebridge Drive Cliffcrest Community Ward 15 - Scarborough City Centre
14 Sale of Surplus Scarborough Transportation Corridor Property at 18 Hollis Avenue Ward 13 - Scarborough Bluffs
15 Official Plan Amendment Application SP1999002 Zoning By-law Amendment Application SZ1999004
Metron Developments Ltd Kingston Road and Brinloor Boulevard Scarborough Village Community
Ward 13 - Scarborough Bluffs
16 Official Plan Amendment Application SP1999001 Zoning By-law Amendment Application SZ1999003
Navroz Hoteliers Inc., 2121 Kingston Road Cliffside Community Ward 13 - Scarborough Bluffs
17 Proposed Plan of Subdivision ST1999002 740 Kennedy Road Inc. 740 Kennedy Road - Ionview Community
Ward 15 - Scarborough City Centre
18 Zoning By-law Amendment Application SZ1999001 734554 Ontario Ltd., 1255 Markham Road
Woburn Community Ward 16 - Scarborough Highland Creek
19 Official Plan Amendment Application SP1998020 Zoning By-law Amendment Application SZ1998039
Masaryktown Memorial Institute Incorporated 450 Scarborough Golf Club Road Woburn Community
Ward 16 - Scarborough Highland Creek
20 Official Plan Amendment Application SP98013 Zoning By-law Amendment Application SZ98025
Draft Plan of Subdivision Application ST1999001 BFC Construction Corporation, 3660 Midland Avenue
Milliken Employment District Ward 17 - Scarborough Agincourt
21 Zoning By-law Amendment Application SZ98028 Dar-Zen Holdings Limited 4800 Sheppard Avenue East, Unit 114 Marshalling Yard Employment District Ward 18 - Scarborough Malvern
22 Zoning By-law Amendment Application SZ1999002 Jesk Enterprises Ltd. South Side of McNicoll Avenue, West of Markham Road Tapscott Employment District Ward 18 - Scarborough Malvern
23 Other Items Considered by the Community Council
City of Toronto
REPORT No. 10
OF THE SCARBOROUGH COMMUNITY COUNCIL
(from its meeting on July 15, 1999,
submitted by Councillor Bas Balkissoon, Chair)
As Considered by
The Council of the City of Toronto
on July 27, 28, 29 and 30, 1999
1
Installation of a 40 Kilometre Per Hour
Speed Limit on Colonial Avenue
Ward 13 - Scarborough Bluffs
(City Council on July 27, 28, 29 and 30, 1999, adopted this Clause, without amendment.)
The Scarborough Community Council recommends the adoption of the following report (June 25, 1999) from the Director of Transportation Services, District 4:
Purpose:
To investigate the need for a 40 kilometre per hour speed limit on Colonial Avenue.
Funding Sources, Financial Implications and Impact Statement:
The $1000.00 (approximate) funds associated with the installation of the speed limit signs are available in the Transportation Services 1999 budget, Account No. 100-TP10226.
Recommendations:
It is recommended that:
(1) the 40 kilometre per hour speed limit identified in Appendix 1 of this report be adopted; and
(2) the appropriate by-law be amended accordingly.
Council Reference/Background/History:
As a result of a request from a resident of Colonial Avenue, Transportation Services investigated concerns with regard to speeding on this street.
Comments and/or Discussion and/or Justification:
Colonial Avenue is a residential collector road that runs between Bellamy Road South and McCowan Road. The speed limit is currently 50 km/h. A park exists on Colonial Avenue and appropriate warning signs are posted in advance of this location.
Speed studies were conducted on Colonial Avenue on Wednesday, April 28, 1999. The following was recorded:
| Location on Colonial Avenue | 1 - 40 Km/h | 41 - 50 Km/h | 51 - 60 Km/h | 61 - 64 Km/h | > 64 Km/h | Total Vehicles |
| West of Bellamy Road South | 142 | 195 | 111 | 9 | 15 | 472 |
| East of McCowan Road | 484 | 654 | 304 | 29 | 33 | 1504 |
Application of the 40 km/h Speed Limit Warrant on Colonial Avenue indicates that the necessary criteria are met. The speeds we recorded in our study would indicate that most motorists travel at speeds close to and below 50 km/h on this street. Furthermore, there is a curve at the west end of the street, at which the recommended travel speed is 30 km/h, as well as other curves in the road. Although chevron warning signs are posted for westbound traffic at this location, a reduced speed limit is considered appropriate to attempt to reduce motorists' speeds.
Our review of the reported collision history for the period between January 1, 1996 and December 31, 1998 reveals two collisions have been reported over the past three years. Neither of these collisions involving speeding.
Conclusions:
Based upon the existing conditions on the street, the volume of traffic and the speeds recorded, staff recommends that Colonial Avenue be posted with a 40 kilometre per hour speed limit.
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
"40 kilometre per hour Speed Limit"
Regulation to be Enacted
Highway From To
Colonial Bellamy McCowan
Avenue Road South Road
2
Stopping Prohibition on Surrey Avenue
West of Inniswood Drive
Ward 14 - Scarborough Wexford
(City Council on July 27, 28, 29 and 30, 1999, adopted this Clause, without amendment.)
The Scarborough Community Council recommends the adoption of the following report (June 25, 1999) from the Director of Transportation Services, District 4:
Purpose:
To investigate the need to prohibit stopping on the south side of Surrey Avenue, west of Inniswood Drive.
Funding Sources, Financial Implications and Impact Statement:
The $300.00 (approximate) funds associated with the installation of the stopping prohibition signs are available in the Transportation Services 1999 budget, Account No. 100-TP0226.
Recommendations:
It is recommended that:
(1) the parking regulations identified in Appendix 1 of this report be rescinded;
(2) the parking and stopping regulations 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 request from Councillor Kelly, on behalf of the residents of 28 Inniswood Drive, to investigate the parking situation on Surrey Avenue. The complaint of the residents is that parking along the south side of Surrey Avenue, west of Inniswood Drive, impedes the sight lines exiting from their driveway.
Comments and/or Discussion and/or Justification:
Surrey Avenue is a residential roadway located south of Lawrence Avenue, between Victoria Park Avenue and Tedford Drive (east of Pharmacy Avenue). Parking is prohibited on both sides of Surrey Avenue between Victoria Park Avenue and Inniswood Drive, however, delivery vehicles which may be associated with the strip plaza, on the southeast corner of Victoria Park Avenue and Surrey Avenue, on occasion park on the south side of Surrey Avenue. This impedes the sight lines for the residents of 28 Inniswood Drive, who have driveway access onto Surrey Avenue. The area in question on the south side of Surrey Avenue is not required by the strip plaza for delivery purposes.
In order to resolve the problem of vehicles parking along the south side of Surrey Avenue, adjacent to the property of 28 Inniswood Drive, a "No Stopping Anytime" prohibition is proposed. This would attempt to ensure that adequate sight lines exist for exiting from the driveway of 28 Inniswood Drive because no temporary standing privileges are allowed under this prohibition.
Conclusions:
A stopping prohibition is recommended on the south side of Surrey Avenue from Inniswood Drive to a point 45 metres further west. This prohibition will improve sight lines for residents exiting from the driveway at 28 Inniswood 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
"No Parking"
Prohibition to be Rescinded
Column 1 Column 2 Column 3 Column 4
Highway Side From To Times or Days
Surrey South Victoria Park Pharmacy Anytime
Avenue Avenue Avenue
Appendix 2
"No Parking"
Prohibition to be Enacted
Column 1 Column 2 Column 3 Column 4
Highway Side From To Times or Days
Surrey South Victoria Park 45 Metres west of Anytime
Avenue Avenue Inniswood Drive
Surrey South Inniswood Pharmacy Anytime
Avenue Drive Avenue
"No Stopping"
Prohibition to be Enacted
Column 1 Column 2 Column 3 Column 4
Highway Side From To Times or Days
Surrey South Inniswood 45 Metres west of Anytime
Avenue Drive Inniswood Drive
3
Request for All-Way Stop Control on Borough Drive/
Omni Drive at Borough Drive/Condominium Driveway
Ward 15 - Scarborough City Centre
(City Council on July 27, 28, 29 and 30, 1999, adopted this Clause, without amendment.)
The Scarborough Community Council recommends the adoption of the following report (June 25, 1999) from the Director of Transportation Services, District 4:
Purpose:
To investigate the need for an all-way stop control on Borough Drive/Omni Drive at Borough Drive/Condominium driveway.
Funding Sources, Financial Implications and Impact Statement:
The $600.00 (approximate) funds associated with the installation of an all-way stop are available in the Transportation Services 1999 budget, Account No. 100-TP10226.
Recommendations:
It is recommended that:
(1) the all-way stop control 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 Councillor Duguid, on behalf of Tridel, Transportation Services investigated the intersection of Borough Drive/Omni Drive at Borough Drive/Condominium driveway for an all-way stop control.
Comments and/or Discussion and/or Justification:
The intersection of Borough Drive/Omni Drive at Borough Drive/Condominium driveway is located immediately east of Brimley Road. The access to the condominiums at 115, 117 and 119 Omni Drive form the south approach to the intersection. Due to the design of this intersection, the through movement is between the east leg of Borough Drive and Omni Drive with a stop sign southbound on Borough Drive. Traffic control signals have been approved at the intersection of Brimley Road and Omni Drive and should be installed in August 1999.
All-Way Stop Control:
The justification for the installation of an all-way stop control is based on a technical warrant established by the Ministry of Transportation of Ontario (MTO), and adopted as the City Policy by the former Scarborough Council.
Traffic studies conducted on Wednesday, May 19, 1999 produced the following results which illustrate that, at present, the vehicle and pedestrian volume warrants for a collector road are not satisfied. However, the vehicle volume split between the major and minor roads meets the warrants during seven of the eight hours studied.
| Study Period | Total Approach Vehicle Volume | Vehicle Volume Split Major/Minor Roads | Vehicle/Pedestrian
Volume From Minor Road |
| 0700 - 0800 | 394 | 70/30 | 125 |
| 0800 - 0900 | 469 | 69/31 | 154 |
| 1100 - 1200 | 383 | 75/25 | 100 |
| 1200 - 1300 | 387 | 62/38 | 156 |
| 1300 - 1400 | 370 | 62/38 | 148 |
| 1500 - 1600 | 453 | 61/39 | 185 |
| 1600 - 1700 | 550 | 58/42 | 248 |
| 1700 - 1800 | 453 | 60/40 | 191 |
| MTO Requirements
For Each Hour |
500 | 70/30 | 200 |
Collision History:
A review of the collision history for the period from January 1, 1996 to December 31, 1998 indicates that no collisions have been reported at this intersection.
Although an all-way stop control is not technically warranted at this intersection, we are recommending the installation of an all-way stop control based on the following reasons:
(a) Sight line concern. The sight lines of approaching eastbound motorists on Omni Drive are less than ideal for northbound motorists exiting from the condominium driveway.
(b) For area uniformity. Other intersections (4) on Borough Drive are controlled by all-way stop controls.
(c) Intersection right-of-way confusion. During our study, a number of motorists were observed treating this intersection as an all-way stop control.
(d) We anticipate good all-way stop compliance. The vehicle volume split is close to being warranted at this intersection.
Conclusions:
As a result of our investigation, we recommend that an all-way stop be installed on Borough Drive/Omni Drive at Borough Drive/Condominium driveway.
Contact Name:
Bruce Clayton, Supervisor
Traffic Engineering, Works and Emergency Services
Telephone: 396-7844
Fax: 396-5681
E-mail: clayton@city.scarborough.on.ca
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Appendix 1
"Compulsory Stops"
Regulation to be Enacted
Column 1 Column 2
Intersection Stop Street
Borough Drive and Borough Drive
Omni Drive (Westbound)
Omni Drive and Omni Drive
Borough Drive
4
Parking Prohibition on Cedar Brae Boulevard
Ward 15 - Scarborough City Centre
(City Council on July 27, 28, 29 and 30, 1999, adopted this Clause, without amendment.)
The Scarborough Community Council recommends the adoption of the following report (June 25, 1999) from the Director of Transportation Services, District 4:
Purpose:
To investigate the need to prohibit parking on the curve on the east and south side of Cedar Brae Boulevard.
Funding Sources, Financial Implications and Impact Statement:
The $500.00 (approximate) funds associated with the installation of the parking prohibition signs is available in the Transportation Services 1999 budget, Account No. 100-TP0226.
Recommendations:
It is recommended that:
(1) the parking regulation identified in Appendix 1 of this report be enacted; and
(2) the appropriate by-law be amended accordingly.
Council Reference/Background/History:
Transportation Services received a petition requesting that a "No Parking Sign be installed at the corner on the south side of Cedar Brae Boulevard". The petition was signed by 29 (91 percent) of the 32 residents on Cedar Brae Boulevard between Braeburn Boulevard and Fairway Drive, and also by 10 (63 percent) of the 16 residents of Fairway Drive.
Comments and/or Discussion and/or Justification:
Cedar Brae Boulevard is a residential collector road that runs between Bellamy Road North and Bellamy Road North/Trudelle Street. The road cross-section differs between north of Braeburn Boulevard, where there are no curbs, to south of Braeburn Boulevard where the road widens and curbs exist.
The specific complaint of residents is that employees of a landscaping business on Cedar Brae Boulevard are parking on the street in the vicinity of the curve in this road. Staff conducted observations of parking on Cedar Brae Boulevard on two separate occasions in the evening. On both occasions, vehicles were parked in the vicinity of 92A Cedar Brae Boulevard. On Monday, March 22, 1999, at approximately 7:10 p.m., six vehicles were parked on the west, south and north side of the street, and on Thursday May 6, 1999, at approximately 8:30 p.m., three vehicles were parked on the south side of the street. On both occasions, the vehicles were parked on the shoulder and not on the traveled portion of the roadway.
The observed parking of vehicles on this section of Cedar Brae Boulevard is not a significant safety hazard because adequate road width is maintained and sight lines are maintained. However, if additional parking occurs close to Fairway Drive or on the curve itself sight lines will be compromised. Therefore it is prudent to prohibit parking on the south and east side of Cedar Brae Boulevard from Fairway Drive to the south limit of 87 Cedar Brae Boulevard. This will prohibit parking on the inside of the curve and ensure that the parked cars don't park further east and create a sight line obstruction at Fairway Drive.
As evidenced by the number of residents who signed the petition, staff believe the vast majority of those affected support this parking prohibition.
Conclusions:
A parking prohibition is recommended on the south and east side of Cedar Brae Boulevard from Fairway Drive to the south limit of 87 Cedar Brae Boulevard. This prohibition will prevent on-street parking abuse and improve sight lines on this portion of road.
Contact Name:
Bruce Clayton, Supervisor, Traffic Engineering, Works and Emergency Services
Telephone: 396-7844; Fax: 396-5681; E-mail: clayton@city.scarborough.on.ca
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Appendix 1
"No Parking"
Prohibition to be Enacted
Column 1 Column 2 Column 3 Column 4
Highway Side From To Times or Days
Cedar Brae South and Fairway South Limit of Anytime
Boulevard East Drive 87 Cedar Brae
Boulevard
5
Stop Controls in the Community South of Lawrence Avenue
Between Bennett Road and Beechgrove Drive
Ward 16 - Scarborough Highland Creek
(City Council on July 27, 28, 29 and 30, 1999, adopted this Clause, without amendment.)
The Scarborough Community Council recommends the adoption of the following report (June 25, 1999) from the Director of Transportation Services, District 4:
Purpose:
To investigate the need for stop controls in the residential community south of Lawrence Avenue between Bennett Road and Beechgrove Drive.
Funding Sources, Financial Implications and Impact Statement:
The $900.00 (approximate) funds associated with the installation of stop signs are available in the Transportation Services 1999 budget, Account No. 100-TP10226.
Recommendations:
It is recommended that:
(1) the stop signs identified in Appendix 1 of this report be adopted; and
(2) the appropriate by-law be amended accordingly.
Council Reference/Background/History:
Transportation Services received a request from Councillor Moeser, on behalf of the principals of St. Malachy Catholic School and W.G. Miller Public School, and two concerned parents, to investigate, amongst other things, the need for additional controls at the following intersections:
(a) Brightview Crescent at Brightside Drive, north intersection;
(b) Brightview Crescent at Brightside Drive, south intersection;
(c) Brightside Drive at Dunstall Crescent;
(d) Manaham Road at Dunstall Crescent;
(e) Manaham Road at Ravenview Drive; and
(f) Ravenview Drive at Dunstall Crescent.
Comments and/or Discussion and/or Justification:
The area south of Lawrence Avenue between Bennett Road and Beechgrove Drive is a residential community. St. Malachy Catholic School and W.G. Miller Public School are located on the west side of Bennett Road. Immediately north of these schools is a commercial plaza. A pedestrian crossover and school crossing are on Bennett Road and all streets intersecting both Bennett Road and Beechgrove Drive are controlled by stop signs.
The six remaining "T" intersections in this community are currently uncontrolled. Considering that there are a number of children walking on the sidewalks in this community to go to the schools, stop signs would be beneficial in requiring motorists to stop in advance of the sidewalks and to clearly define the right-of-way.
Conclusions:
Stop signs on Brightside Drive at Dunstall Crescent, Brightview Crescent at Brightside Drive, Manaham Road at both Dunstall Crescent and Ravenview Drive, and Ravenview Drive at Dunstall Crescent are recommended to clearly define the right-of-way and stop motorists in advance of the sidewalks at each of these intersections.
Contact Name:
Bruce Clayton, Supervisor, Traffic Engineering, Works and Emergency Services
Telephone: 396-7844; Fax: 396-5681; E-mail: clayton@city.scarborough.on.ca
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Appendix 1
"Compulsory Stops"
Regulations to Be Enacted
Column 1 Column 2
Intersection Stop Street
Brightside Drive and Brightside Drive
Dunstall Crescent
Brightview Crescent and Brightview Crescent
Brightside Drive (North Intersection)
Brightview Crescent and Brightview Crescent
Brightside Drive (South Intersection)
Manaham Road and Manaham Road
Dunstall Crescent
Manaham Road and Manaham Road
Ravenview Drive
Ravenview Drive and Ravenview Drive
Dunstall Crescent
6
Stop Control Eastbound on Halfmoon Square
at Halfmoon Square
Ward 16 - Scarborough Highland Creek
(City Council on July 27, 28, 29 and 30, 1999, adopted this Clause, without amendment.)
The Scarborough Community Council recommends the adoption of the following report (June 25, 1999) from the Director of Transportation Services, District 4:
Purpose:
To investigate the need for a stop sign eastbound on Halfmoon Square at Halfmoon Square.
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, Account No. 100-TP10226.
Recommendations:
It is recommended that:
(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 Councillor Moeser's office , Transportation Services investigated the need for a stop control eastbound on Halfmoon Square at Halfmoon Square.
Comments and/or Discussion and/or Justification:
Halfmoon Square is located in the residential community north of Ellesmere Road, east of Conlins Road. At present, no stop controls are erected at this "T" intersection. A review of the collision history for the past three years and five month period, January 1, 1995 to May 31, 1998 did not reveal any reported collisions at this intersection. However, a stop sign eastbound on Halfmoon Square would clearly define the right-of-way and stop motorists in advance of the sidewalk on the west side of the street. No tree trimming will be required to install this sign.
Conclusions:
As a result of our review of this location, a stop sign is recommended eastbound on Halfmoon Square where it intersects Halfmoon Square to clearly define the right-of-way at this intersection.
Contact Name:
Bruce Clayton
Supervisor, Traffic Engineering, Works and Emergency Services
Telephone: 396-7844
Fax: 396-5681
E-mail: clayton@city.scarborough.on.ca
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Appendix 1
"Compulsory Stops"
Regulation to Be Enacted
Column 1 Column 2
Intersection Stop Street
Halfmoon Square and Halfmoon Square
Halfmoon Square (Eastbound)
7
Request for Fence By-law Exemption
Gregory and Kerryn Parvatan, Mitchell and Sherri Shafi
247 and 249 Friendship Avenue
Ward 16 - Scarborough Highland Creek
(City Council on July 27, 28, 29 and 30, 1999, adopted this Clause, without amendment.)
The Scarborough Community Council recommends the adoption of the following report (June 24, 1999) from the East District Manager, Municipal Licensing and Standards:
Purpose:
The applicants are seeking an exemption to permit an existing privacy fence ranging in height from 2.28 metres (7 feet 6 inches) to 2.43 metres (7 feet 11 inches) to remain as constructed.
Financial Implications and Impact Statement:
Nil.
Recommendations:
That City Council approve the application to permit the existing board on board fence ranging in height from 2.28 metres (7 feet 6 inches) to 2.43 metres (7 feet 11 inches) to remain as constructed along the side lot line separating 247 and 249 Friendship Avenue.
Background/History:
Acting upon a complaint received, an inspection of a privacy fence separating properties municipally known as 247 and 249 Friendship Avenue was undertaken in May 1999.
Inspection revealed a fence which exceeded the 2 metre (6 feet 8 inches) maximum established under By-law 24945 as amended. Random measurements established that the fence ranged in height from 2.28 metres (7 feet 6 inches) to 2.43 metres (7 feet 11 inches). In addition, portions of the fence were out of plumb and required repair.
As a result of the inspection, notices directing repair were sent to the owners of both properties. In addition, a notice was issued respecting compliance with the height requirements of the by-law. Subsequent to these notices, a request for exemption to the fence by-law was received.
Comments:
The fence dividing the properties does not extend into the street yard and thus sight lines are not an issue. The owners of both properties have indicated that the current height of the fence does not present problems to them. It should be noted that the fence does not impact upon any other properties.
Contact Name:
Bryan Byng, East District Manager
(416) 396-7731Telephone; (416) 396-4266 Fax Number; byng#u#b@city.scarborough.on.ca
8
Draft Plan of Condominium Application SC98601
The Residences of Bamburgh Gate Inc.
3088 Kennedy Road, Steeles Community
Ward 17 - Scarborough Agincourt
(City Council on July 27, 28, 29 and 30, 1999, adopted this Clause, without amendment.)
The Scarborough Community Council recommends the adoption of the following report (June 29, 1999) from the Director of Community Planning, East District:
Purpose:
This report recommends approval of a Draft Plan of Condominium for a 131 unit, 12 storey seniors residential apartment building currently under construction on the west side of Kennedy Road, south of McNicoll Avenue. A total of 148 parking spaces will be provided on-site, including 14 surface visitor parking spaces, with vehicular access from Kennedy Road. This project represents the final phase of the Bamburgh Gate development.
Recommendations:
It is recommended that City Council support the Draft Plan of Condominium SC98601 by Elio Zoffranieri, on behalf of The Residences at Bamburgh Gate Inc., being Part of Lot 29, Concession 4, known municipally as 3088 Kennedy Road, subject to the following conditions:
(1) Plan as stamped "Recommended" this date (see Figure 1);
(2) the owner to complete all conditions of the Site Plan Control Agreement prior to registration, or enter into a financially secured development 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.
Comments:
All technical agencies circulated had no comments or their requirements have been incorporated into the recommendations. There are no concerns under the current High Density Residential provisions of the Official Plan raised by this application, and the development complies with the "Apartment Residential" (A) and "Office Uses" (OU) zoning requirements of the Steeles Community By-law as varied by the Committee of Adjustment.
The residential development has been constructed to date in accordance with the Site Plan Control Agreement registered in January, 1999 and represents the third and last phase of an overall Master plan as shown on Figure 2. Phase I has been completed and consists of 192 "casita" dwelling units (MTCC Plan 1136). Phase II consists of a 15 storey, 285 unit residential apartment building. Mutual easements and rights-of-way between the three phases of development have already been established for vehicular and pedestrian movements, visitor parking, servicing and maintenance, and recreational facilities.
Contact Name:
Joe Nanos
Acting Senior Planner
Scarborough Civic Centre
Telephone: (416) 396-7037
Fax: (416) 396-4265
E-mail: nanos@city.scarborough.on.ca
Insert Table/Map No. 1
Draft Plan of Condominium
Insert Table/Map No. 2
Bamburgh Gate Master Plan
9
Request for Direction
Minor Variance Appeal Application SA119/99
901865 Ontario Inc., 3766 and 3708 St. Clair Avenue East
Cliffcrest Community, Ward 13 - Scarborough Bluffs
(City Council on July 27, 28, 29 and 30, 1999, adopted this Clause, without amendment.)
The Scarborough Community Council recommends the adoption of the following report (June 29, 1999) from the Director of Community Planning, East District:
Purpose:
This report seeks direction from Council as to the City Solicitor's role at a pending Ontario Municipal Board hearing, as further detailed below.
Recommendations:
It is recommended that Council direct the City Solicitor not to attend any Ontario Municipal Board hearing with respect to Minor Variance Application SA119/99.
Comments:
Minor Variance Application SA119/99
901865 Ontario Inc.
3706 and 3708 St. Clair Avenue East
Lots 3 and 2, Registered Plan 1664
Cliffcrest Community - Scarborough Bluffs
The Committee of Adjustment on June 2, 1999, refused a Minor Variance in part to permit a 14-unit apartment building having:
(1) one suite per 76 square metres (818 square feet) of lot area, for a total of 14 suites, whereas the Zoning By-law permits one suite per 99 square metres (1065 square feet) of lot area, or 10 or 11 suites in this case;
(2) a minimum building setback of 18 metres (59 feet) from the centre line of St. Clair Avenue, whereas the Zoning By-law requires a minimum building setback of 31 metres (101.7 feet) from the centre line of St. Clair Avenue (as detailed in the attached decision).
The Minor Variance decision was appealed to the Ontario Municipal Board by the owner. A hearing date on this matter has not been scheduled at this time by the Board. The appeal does not raise issues of significance to the Corporation to warrant expenditure of the City's limited resources on the Board hearing.
Conclusion:
The City Solicitor should be directed not to attend any Ontario Municipal Board Hearing with respect to Minor Variance Application SA119/99
Contact Name:
Euken Lui
Planner
Phone 396-7015
Fax: 396-4265
Email: lui@city.scarborough.on.ca
Insert Table/Map No. 1
File No.: SA119/99
10
Request for Direction
Minor Variance Appeal Application A323/97
1149790 Ontario Limited, 47 Crockford Boulevard
Wexford Employment District
Ward 14 - Scarborough Wexford
(City Council on July 27, 28, 29 and 30, 1999, adopted this Clause, without amendment.)
The Scarborough Community Council recommends the adoption of the following report (June 29, 1999) from the Director of Community Planning, East District:
Purpose:
This report seeks direction from Council as to the City Solicitor's role at a pending Ontario Municipal Board hearing, as further detailed below.
Recommendation:
It is recommended that City Council direct the City Solicitor to attend any Ontario Municipal Board hearing with respect to Minor Variance Application A323/97.
Comments:
Minor Variance Application A323/97
1149790 Ontario Limited
47 Crockford Boulevard
Part of Lot 21, Registered Plan 4297
Wexford Employment District - Scarborough Wexford
The Committee of Adjustment on May 25, 1999, requested a Minor Variance to permit the 557.4 square metres (6,000 square feet) of the existing building to be used a vehicle repair garage use for servicing of dealer's vehicles only, whereas the Zoning By-law permits "General Industrial Uses" (MG) and does not include vehicle repair garages as a permitted use. (As detailed in the attached decision). The Minor Variance decision was appealed to the Ontario Municipal Board by the owner. A hearing date on this matter has not been scheduled at this time by the Board. The requested variance would be inconsistent with the Official Plan designation and policies applying to the properties and involved land use which Council had dealt with in great detail.
Consistent with previous staff recommendations on appeals of minor variance decisions for vehicle repair garages in Employment Districts, staff recommend that the City Solicitor support the Committee's decisions at the Ontario Municipal Board.
Conclusion:
The City Solicitor should be directed to attend any Ontario Municipal Board Hearings with respect to Minor Variance Application A323/97.
Contact Name:
Euken Lui
Scarborough Civic Centre
Telephone: (416) 396-7015
Fax: (416) 396-4265
E-mail:Lui@city.scarborough.on.ca
Insert Table/Map No. 1
File No.: A323/97
11
Request for Direction
Zoning By-law Amendment Application Z98029
Dar-Zen Holdings Limited
4800 and 4810 Sheppard Avenue East
Marshalling Yard Employment District
Ward 18 - Scarborough Malvern
(City Council on July 27, 28, 29 and 30, 1999, adopted this Clause, without amendment.)
The Scarborough Community Council recommends:
(1) that the recommendation in the following report be struck out;
(2) that the application by Dar-Zen Holdings Limited be refused; and
(3) that the City Solicitor be directed to attend the Ontario Municipal Board in defence of the position taken to this point by the Scarborough Community Council and the Council of the former City of Scarborough respecting automotive uses on Sheppard Avenue East.
The Scarborough Community Council submits the following report (June 30, 1999) from the Director of Community Planning, East District:
Purpose:
This report seeks direction from Council regarding the City's position at an upcoming Ontario Municipal Board hearing for the property shown on the adjacent map. A hearing date has not been set.
Recommendations:
It is recommended that Scarborough Community Council recommend that Council direct the City Solicitor to appear at the Ontario Municipal Board to support amending the Employment Districts Zoning By-law No. 24982, as amended, with respect to the Marshalling Yard Employment District, for the lands known municipally as 4800 and 4810 Sheppard Avenue, being Part of Lot 21, Concession 3, as follows:
(1) adding Vehicle Service Garages, excluding the open storage of auto parts as a permitted use;
(2) adding a Performance Standard which will restrict Vehicle Service Garages to a maximum gross floor area of 370 square metres (4,983 square feet), to be located within 40 metres (130 feet) of westerly lot line and beyond 25 metres (82 feet) from the Sheppard Avenue street line; and
(3) deleting the Performance Standard which removes the application of the landscaping requirements described in the General Provisions of the By-law.
Background:
The subject property contains two, one-storey multi-unit buildings of approximately 40 units on the western portion of the property with the easterly portion currently under construction for two, one-storey commercial buildings. Surrounding land uses include: industrial to the north and west; residential, a service station and a small commercial plaza to the south; and, single-family dwellings and commercial uses including a car dealership and vehicle service garages immediately to the east.
Council considered a Preliminary Evaluation Report involving two rezoning applications for the subject property in November 1998. The owner had applied to permit Vehicle Service Garages within the two building. The Preliminary Evaluation Report however recommended that staff process the application subject to: the applicant amending the application to permit 370 square metres (4,983 square feet) of Vehicle Service Garages within the rear half of Unit 102, and within Units 103 and 104, in the westerly building on the subject property; and, staff convening a Community Information Meeting. The Vehicle Service Garage use application was subsequently appealed to the Ontario Municipal Board in February 1999. No hearing date has been set. The rezoning application requesting a Vehicle Sales Operation on the property will be considered by Scarborough Community Council on July 15, 1999.
The Official Plan designates the subject property Industrial District Commercial and by Numbered Policy 7, General Industrial Uses with High Performance Standards are also permitted. Business District policies also apply providing offices and commercial uses secondary to offices along the Sheppard Avenue frontage. Industrial District Commercial provides for commercial facilities and services to serve the local occupants of an industrial area. General Industrial Uses with High Performance Standards permits all industrial, scientific, technical research and development, training and educational facilities, offices, recreational uses, manufacturing and warehousing uses except those which are noxious. Ancillary retailing to manufacturing, assembling and processing is also permitted. High Performance Standards may include special requirements for: limitation of uses, siting, landscaping areas, parking, external building materials, signs, prohibition or screening of outside and open storage.
The property is zoned Industrial Zone (M) and Industrial District Commercial Zone (MDC). The Industrial Zone permits day nurseries, educational and training facility uses, industrial uses, offices excluding medical and dental offices, places of worship, and recreational uses. Industrial District Commercial Zone permits the proposed vehicle sales operation, however by site specific Exception 61, commercial uses are restricted to: financial institutions, personal service shops, recreational facilities excluding pinball machines and other electronic or manually operated games, restaurants, retail stores, offices, and places of worship. Exception 202 prohibits non-accessory ground signs excluding marketplace signs and prohibits wall signs which are non-accessory.
Comments:
The Vehicle Service and Repair study of the former City of Scarborough established locational criteria for Vehicle Service and Repair uses in General Industrial Uses and Special Industrial Uses designations in the Employment Districts. The study did not consider such uses in existing commercial designations or zones. The subject property is designated and zoned for both Industrial District Commercial and General Industrial Uses. Vehicle Service Garages do not conform to the General Industrial designation or zone. Vehicle Service Garages usually would conform to the Industrial District Commercial designation and zone, but a site specific Zoning By-law exception does not include Vehicle Service Garages as a permitted use on this property.
A Vehicle Service Garage use is not considered to be a precedent along Sheppard Avenue. The staff recommended gross floor area of the Vehicle Service Garage use is limited in size and is located on the property beyond where commercial uses are permitted in the Zoning By-law. The proposed recommendations would restrict the Vehicle Service Garage use to the existing two Vehicle Service Garage operations; that being the area 40 metres (130 feet) a from the westerly property line and beyond 25 metres (82 feet) of the street line of Sheppard Avenue, as shown on Figure 2. To ensure that auto parts are not stored outside, the recommendations would exclude open storage of auto parts and would reinstates the landscaping requirements in the General Provisions of the Zoning By-law requiring those lands not covered by building or used for parking to be landscaped and, a minimum 6 metre (20 feet) landscape strip being provided in the street yard. In so doing, the use of parking spaces for open storage is restricted. The condition imposed by Committee of Adjustment for the proposed use regarding outside storage has been incorporated into the proposed Zoning By-law provision.
Conclusions:
The City Solicitor be directed to support the recommendations at the Ontario Municipal Board.
Contact Name:
Sylvia Mullaste, Planner
Phone: (416) 396-5244; Fax: (416) 396-4265; E-Mail: mullaste@city.scarborough.on.ca
Insert Table/Map No. 1
File no.:Z98029
12
Request for Direction
Minor Variance Appeal Application SA167/98
Shell Canada Limited, 1670 McCowan Road
Agincourt Community
Ward 18 - Scarborough Malvern
(City Council on July 27, 28, 29 and 30, 1999, adopted this Clause, without amendment.)
The Scarborough Community Council recommends the adoption of the following report (June 29, 1999) from the Director of Community Planning, East District:
Purpose:
This report seeks direction from Council regarding the City Solicitor's role at a pending Ontario Municipal Board hearing on a current appeal, as further detailed below.
Recommendations:
It is recommended that City Council direct the City Solicitor not to attend any Ontario Municipal Board hearing with respect to Minor Variance Application SA167/98.
Comments:
Wayne Burns, on behalf of Shell Canada Limited, applied to the Committee of Adjustment for the City of Toronto for a variance from the provisions of the Agincourt Community Zoning by-law No. 10076, as amended, to permit a proposed convenience store building to be situated 4.5 metres (14.8 feet) from the south property line and 6.1 metres (20 feet) from the west property line, whereas the Zoning By-law requires a minimum 7.5 metre (25 foot) side and rear yard setback to be used for no other purpose than access and landscaping.
The Committee of Adjustment's May 5, 1999 approval of the application has been appealed by Steinberg-Morton Frymer, on behalf of Avral Developments Ltd. (owner of commercial plaza to the west). The appeal raises no issues of significant concerns to the Corporation to warrant expenditure of the City's limited resources on a Board Hearing. No hearing date has been scheduled.
Contact Name:
Joe Nanos
Acting Senior Planner
Scarborough Civic Centre
Telephone: (416) 396-7037
Fax: (416) 396-4265
E-mail: nanos@scarborough.on.ca
Insert Table/Map No. 1
File No.: SA167/98
Insert Table/Map No. 2
File No.: SA167/98 (cont'd)
13
Part Lot Control Exemption Application SPL98003
Blueblood Developments Inc.,
Bridlegrove Drive, Castlethorpe Drive and Storebridge Drive
Cliffcrest Community
Ward 15 - Scarborough City Centre
(City Council on July 27, 28, 29 and 30, 1999, adopted this Clause, without amendment.)
The Scarborough Community Council recommends the adoption of the following report (June 29, 1999) from the Director of Community Planning, East District:
Purpose:
To extend a Part Lot Control By-law (By-law No. 524-1998) for a further twelve months.
Recommendations:
It is recommended that City Council:
(1) enact a By-law to extend the effect of By-law No. 524-1998 for another 12 months; and
(2) direct appropriate staff to introduce the necessary bill to give effect thereto.
Comments:
Part Lot Control By-law 524-1998, which expires on July 31, 1999, allows for the severance of seven existing blocks on Registered Plan M-2317 into separate single family and street townhouse lots, and for the registration of maintenance and encroachment easements. The applicant is currently marketing the remaining single family and street townhouse dwellings which have not been sold and requires By-law 524-1998 to be extended for a further twelve months.
It is in the City's interest to ensure satisfactory completion of this development and the requested one year extension is appropriate.
Conclusions:
The extension of the lifting of Part Lot Control on the subject lands will facilitate the finalization of a successful residential development already endorsed by Council.
Contact Name:
Joe Nanos
Acting Senior Planner
Phone: (416) 396-7037
Fax: (416) 396-4265
E-mail: nanos@city.scarborough.on.ca
14
Sale of Surplus Scarborough Transportation
Corridor Property at 18 Hollis Avenue
Ward 13 - Scarborough Bluffs
(City Council on July 27, 28, 29 and 30, 1999, adopted this Clause, without amendment.)
The Scarborough Community Council recommends the adoption of the following report (June 17, 1999) from the Chief Administrative Officer:
Purpose:
To authorize the disposal of the property municipally known as 18 Hollis Avenue.
Funding Sources, Financial Implications and Impact Statement:
Revenue of $149,000.00, less closing costs and the usual adjustments is anticipated.
Recommendations:
It is recommended that:
(1) the Chief Administrative Officer or the Executive Director of Facilities and Real Estate be authorized to accept this offer in the amount of $149,000.00 as detailed herein;
(2) Council, pursuant to Clause No. 14, of Report No. 22 of the former Metropolitan Management Committee adopted on September 28, 1994, waive the minimum required deposit of 10 per cent of the purchase price;
(3) authority be granted to direct a portion of the sale proceeds on closing to fund the outstanding balance of Costing Unit No. CA700 CA2532;
(4) the City Solicitor be authorized and directed to take the appropriate action, to complete the transaction on behalf of the City and he be further authorized to amend the closing date to such earlier or later date as he considers reasonable; and
(5) the appropriate City Officials be authorized and directed to take the necessary action to give effect thereto.
Council Reference/Background/History:
The City of Toronto is the owner of 18 Hollis Avenue. By its adoption of Clause No. 1 of Report No. 11 of The Corporate Administration Committee on May 22, 1996, the former Metropolitan Council declared the property surplus pursuant to By-Law No. 56-95 and authorized its disposal. The procedures with respect to By-Law No. 56-95 have been complied with, a utility canvass has been completed and no requirements have been identified.
Comments and/or Discussion and/or Justification:
Pursuant to the May 22, 1996 authority, negotiations were conducted with the tenants, Joyce Maguire and Patrick Maguire, and based on an April 27, 1999 appraisal report valuing the property at $149,000.00, the following offer was received:
Property Address: 18 Hollis Avenue
Legal Description: Lot 9, Plan M-587, City of Toronto
Approximate Lot Size: 11.89 metres (39 feet) fronting onto Hollis Avenue
36.58 metres (120 feet) depth
Location: North side of Hollis Avenue, east of Warden Avenue, north of Kingston Road
Improvements: Detached, 2 bedroom brick bungalow
Occupancy Status: Tenanted
Recommended Sale Price: $149,000.00
Deposit: $1,000.00 (bank draft)
Purchaser: Joyce Maguire and Patrick Maguire
Closing Date: October 29, 1999
Terms: Cash on closing, subject to the usual adjustments.
Accounts (Costing Units) have been put in place to charge costs directly related to the maintenance and sale of City-owned properties, and include such items as sales commissions, surveying and registration. A recommendation is included in this report to direct a portion of the sale proceeds to close out the account for this property.
Conclusion:
Completion of this transaction detailed above is considered fair and reasonable and reflective of market value.
Contact Name:
Michelle DeVey, Valuator-Negotiator
Real Estate Services
Tel. No.: (416)392-8160
Fax No.: (416)392-4828
E-Mail Address: michelle_devey@metrodesk.metrotor.on.ca (ac99103.wpd)
Insert Table/Map No. 1
18 Hollis Avenue
15
Official Plan Amendment Application SP1999002
Zoning By-law Amendment Application SZ1999004
Metron Developments Ltd.
Kingston Road and Brinloor Boulevard
Scarborough Village Community
Ward 13 - Scarborough Bluffs
(City Council on July 27, 28, 29 and 30, 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 June 10, 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 July 15, 1999, in accordance with Section 17 and Section 34 of the Planning Act and the regulations thereunder.
The Scarborough Community Council submits the following report (June 10, 1999) from the Director of Community Planning, East District:
Purpose:
This report presents recommendations to amend the Official Plan and Zoning By-law for the vacant property at the southwest corner of the Kingston Road service road and Brinloor Boulevard, to permit the construction of one single-family dwelling, two semi-detached dwellings and 11 street townhouses.
Financial Implications:
None
Recommendations:
It is recommended that City Council:
(A) Official Plan:
amend the Scarborough Village Community Secondary Plan with respect to the southwest corner of the Kingston Road service road and Brinloor Boulevard, to redesignate the land from Low Density Residential (RL) to Medium Density Residential (RM).
(B) Zoning By-law:
amend the Scarborough Village Community Zoning By-law No. 10010, as amended, with respect to the lands at the southwest corner of the Kingston Road service road and Brinloor Boulevard, being Block B and Part of Block C, Registered Plan 4235, as follows:
(1) Permitted use: Multiple-Family Residential (M) Zone;
(2) one dwelling unit per 199 square metres (2,140 square feet) of lot area;
(3) minimum building setback 3 metres (10 feet) from the street lines;
(4) main walls containing the vehicular access to the garage shall be set back not less than 6 metres (20 feet) from all street lines;
(5) minimum side yard set back 600 millimetres (2 feet) from each side;
(6) minimum rear yard set back 7.5 metres (25 feet);
(7) an attached garage shall be erected with each dwelling unit;
(8) maximum building height 11 metres (36 feet);
(9) minimum set back of 1.4 metres from side wall to the street line for buildings erected on corner lots;
(10) the provisions of this By-law shall apply collectively to this property notwithstanding its division into two or more parcels;
(11) delete Exception Number 4; and
(C) Miscellaneous:
authorize such unsubstantive technical, stylistic or format changes to the Official Plan and Zoning By-law Amendments as may be required to properly carry out the intent of this resolution.
Background:
This 0.35 hectare (0.86 acre) property is vacant. To the west of the subject site is a used car lot and the Momiji seniors apartment building. To the south and east are single-family dwellings on lots with 18 metres (60 feet) frontage. On the north side of Kingston Road is Markington Square with commercial uses and apartments and also the Scarborough Village Recreation Complex and the Campbell Farm property.
The land is presently designated Low Density Residential in the Scarborough Village Secondary Plan. This designation provides for detached and semi-detached dwellings only.
Most of the land is zoned Single-Family Residential, which permits Single-Family Dwellings, Group Homes and Correctional Group Homes. The westerly 9.14 metres (30 feet) of the property is zoned Highway Commercial, which permits Automobile Sales, Service and Maintenance Uses excluding auto body repair and/or auto-wrecking yards, Funeral Homes, Fraternal Organisations, Hotels and Motels, Places of Worship, Professional and Business Offices, Recreational Uses, Specialized Commercial Uses and Day Nurseries.
The applicant originally proposed a development comprising 16 street townhouses and one single-family dwelling. Staff have worked with the applicant to reconfigure the proposal to provide for two semi-detached dwellings fronting on Brinloor Boulevard. This has reduced the total number of units from 17 to 16 on this site, providing for a lower density form of housing on Brinloor Boulevard, more in keeping with the single-family character of the remainder of the street.
Comments:
On June 7, 1999, a community information meeting to discuss this proposal was held at the Scarborough Village Recreation Complex. This meeting was attended by Planning staff, the owner's solicitor and architect and 8 local residents. Issues of concern included the total number of units, the proposed building forms and the level of traffic generated by the proposal. The abutting neighbour to the south also expressed concern regarding the impact of the two storey single-family dwelling on the privacy of her property.
The property is within the area of the Kingston Road Study. The Vision for the Future Report identifies this site for residential uses. Both the Layout Plan Options and the Massing Plan Options of the study indicate that block-type housing forms such as townhouses or low-rise apartments would be appropriate for this site.
As illustrated on Figure 2, the applicant proposes to develop eleven street townhouse units fronting on the Kingston Road service road, and two semi-detached dwellings and one single-family dwelling on Brinloor Boulevard immediately abutting the existing singles. The proposal provides for a gradual transition from the predominantly single-family residential neighbourhood to the south, to the more intensively built forms along Kingston Road and will implement the City's objective to encourage the intensification of development along major roads. Staff support this revised proposal.
With respect to the traffic concerns, Transportation staff have reviewed the proposal and are of the opinion that the development will not significantly impact the operation of the service road or lead to substantial vehicular infiltration into the community to the south. The proposed single-family dwelling is compatible with other two storey dwellings in the vicinity and is permitted under the current Zoning by-law.
The applications were circulated to all technical agencies and departments for their comments. There were no concerns raised to the proposed applications and the development of the property.
Conclusions:
The proposed development will provide street-related residential uses on a site that has been vacant for many years. The proposed development would address the street frontage of one of the City's major thoroughfares and provide a link between existing uses. It will also provide for construction employment and additional assessment to the City.
The amendment will also provide for housing stock at an appropriate scale to provide a transition from the predominantly single-family residential neighbourhood to the south, to the more intensively built forms along Kingston Road and will implement the City's objective to encourage the intensification of development along major roads .
Contact Name:
Aristotle Christou, Senior Planner
Telephone: (416) 396-5228; Fax: (416) 396-4265; E-mail: christou@city.scarborough.on.ca
The Scarborough Community Council submits, for the information of City Council, the following communication (June 26, 1999) from Mr. Coleridge Ford:
With respect to the subject proposal we wish to register our objections thereto.
The lands to be developed lies within an area of single family homes and was conveyed by the Executors and Trustees of the estate of James G. Cornell, deceased, by deed dated July 5, 1950 and registered as Scarborough No. 86392 with several covenants as to what type of buildings could be erected thereon.
Scarborough Official Plan and Zoning By-laws designate the residential portion of the lands for single family homes in conformity with the general area including the lands with frontage on the Service Road to the east of the development site.
Caveat emptor applies today as in the past. The developer it is assumed purchased the lands with full knowledge of its density restrictions and legal uses to which it could be put, and is now asking for radical changes to existing regulations.
The proposal calls for 16 housing units, a mixture of a single family unit, two semi-detached, and eleven townhouses on an land area that at best could accommodate 11 housing units after amendments to the Official Plan.
The Metron Developments Ltd. proposal before Council does not call for a minor variance to existing Official Plan and Zoning regulations, and the questions to be raised in this instance are:
(a) is the proposal in conformity with the area.
(b) what would be the impact of the proposal on the residents in the area and on vehicular and pedestrian traffic and also parking on the Service Road and other streets in the immediate area.
(c) is strip rezoning a desired feature for development of residential lands.
We are of the opinion that Council should give consideration to the stable structure and quality of residential areas and By-laws passed for the regulation of land use should not be rescinded for the benefit of a developer, and such measures as it considers desirable and appropriate to improve and maintain the quality of low density residential areas should be adopted.
In conclusion, it is felt that the proposed development is out of character and is not in conformity with the area or the regulations and restrictions established for development of the site. We are also of the opinion that the proposal would have a deteriorating effect on the area and therefore raise our objections thereto.
--------
Mr. Peter Pitino, agent for the applicant, appeared before the Community Council in support of the foregoing recommendations and filed with the Administrator a six-signature petition from area residents in support of the application, a copy of which is on file in the Office of the City Clerk, Scarborough Civic Centre.
Mr. Coleridge Ford appeared before the Community Council and reiterated his concerns expressed in his foregoing communication.
Insert Table/Map No. 1
File No.: SP1999002, SZ1999004
Insert Table/Map No. 2
File No.: SP1999002, SZ1999004 (cont'd)
16
Official Plan Amendment Application SP1999001
Zoning By-law Amendment Application SZ1999003
Navroz Hoteliers Inc., 2121 Kingston Road
Cliffside Community
Ward 13 - Scarborough Bluffs
(City Council on July 27, 28, 29 and 30, 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 June 24, 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 July 15, 1999, in accordance with Section 17 and Section 34 of the Planning Act and the regulations thereunder.
The Scarborough Community Council submits the following report (June 24, 1999) from the Director of Community Planning, East District:
Purpose:
This report presents recommendations to amend the Official Plan and Zoning By-law for the property at 2121 Kingston Road to permit the conversion of the existing three-storey hotel into a "Senior Citizens' Home", along with the construction of a three-storey addition onto the west side of the building.
Financial Implications:
None.
Recommendations:
It is recommended that City Council:
(A) Official Plan:
amend the Cliffside Community Secondary Plan with respect to the lands at 2121 Kingston Road, being Part of Lot 28, Concession B, by the addition of the following numbered policy:
"Senior Citizens' Homes are permitted within the Highway Commercial Uses designation.";
(B) Zoning By-law:
amend the Cliffside Community Zoning By-law No. 9364, as amended, with respect to the lands at 2121 Kingston Road, being Part of Lot 28, Concession B, as follows:
(1) Permitted Use: Senior Citizens' Homes are permitted in addition to the Highway Commercial uses;
(2) maximum building height shall not exceed three storeys;
(3) minimum rear yard building setback of 3 metres (10 feet);
(4) minimum front yard building setback of 21 metres (69 feet) from the centre line of Kingston Road;
(5) minimum parking requirement of 0.25 parking space per suite;
(6) gross floor area of all buildings, minus the gross floor area of all basements, shall
not exceed 130 percent of the area of the lot;
(7) streetyard parking is permitted;
(8) on-site recreation space/room shall be provided on the basis of a minimum of 0.9 square metres (10 square feet) for each suite;
(9) minimum 1.5 metre (5 foot) buffer strip to be provided along boundaries with abutting single-family and apartment zones;
(C) Miscellaneous:
authorize such unsubstantive technical, stylistic or format changes to the Official Plan and Zoning By-law Amendments as may be required to properly carry out the intent of this resolution.
Background:
The land is designated Highway Commercial Uses in the Cliffside Community Secondary Plan, which provides for commercial facilities to serve the travelling public in locations oriented towards a highway or arterial road. The land is zoned Highway Commercial, which permits day nurseries, fraternal organizations, automobile sales, service and maintenance uses (excluding auto body repair and/or auto wrecking yards), places of worship, automobile service stations, funeral homes, hotels and motels, recreational uses, professional and business offices, and specialized commercial uses. The existing Official Plan and By-law do not contemplate permanent residential uses on these lands.
The 0.68 hectare (1.68 acre) site currently supports an existing three-storey Best Western Metro Inn, which occupies approximately 19 percent of the lot area, with parking areas on the west and east sides of the building and the balance of the land used for landscaping. It is bounded on the east and west sides by apartment buildings, on the north by the Kingston Road and Danforth Road junction, and to the south by single-family dwellings on Glen Everest Road.
The proposed redevelopment would entail the owner entering into Management Agreement with Community Lifecare Inc. to develop and operate this Senior Citizens Home. Community Lifecare is an established operator of long-term care facilities and retirement residences throughout Ontario, with more than 39 years of experience in this service area.
The owner is proposing to renovate and convert the existing hotel rooms into a variety of unit types and also to construct a three-storey addition onto the west side of the building. A total of 90 units would be created where residents would be charged rent on a per-diem basis. The residents would receive the following services:
- Twenty-four hour security and supervision;
- Three meals per day served in a common dining room;
- Weekly housekeeping and laundry services; and
- Extensive social and recreational programs.
The owner advises that there would be approximately 30 full and part-time staff working at this facility, with approximately seven to eight employees on-site at any given time.
As illustrated on Figure 2, the owner is proposing to supply 50 parking spaces to serve the needs of the future residents, staff and visitors, which would be more than the 23 parking spaces required at a ratio of 0.25 parking spaces per suite. If additional parking is required, there is an existing asphalt area available on the east side of the building which can provide a significant amount of parking. It is not anticipated that the future residents of the facility would require many parking spaces based on other similar retirement homes operated by Community Lifecare.
Scarborough Community Council on April 13, 1999 adopted the recommendations contained in my Preliminary Evaluation Report dated March 9, 1999 and directed staff to convene a public meeting to consider these applications.
A community information meeting was held by staff on May 17, 1999 at Cliffside Public School. This meeting was attended by the Ward Councillors Brian Ashton and Gerry Altobello, the owner and applicant and eight residents who were generally supportive of the proposed redevelopment.
Comments:
A Site Plan Control application has been submitted indicating the location of the existing building, the proposed three-storey addition, parking and landscaping areas (shown on Figure 3). Extensive new landscaping is proposed throughout the site, with special attention to the Kingston Road frontage to enhance the appearance of the site and along the west and south property lines to provide screening for the adjacent residential properties. The existing garbage container located at the rear of the building would be relocated within the building to eliminate the noise and smell of garbage for the adjacent residential properties. A 1.8 metre (6 foot) wood fence would be constructed along the west and south property lines to ensure visual screening for the adjacent residential properties.
In an attempt to maintain the overall design coordination of the enlarged building, and minimize its visual impact on the adjacent properties, the architect proposes to construct the three-storey addition in a form compatible with the existing building with the same flat roofline. The proposed renovation and new addition would further enhance the appearance of the site and complement the proposed landscaping treatment.
The applications were circulated to all technical agencies and departments for comment. There were no concerns raised by the proposed applications and redevelopment of the subject property.
Conclusions:
The owner advises that the demand for hotel accommodation on this site has been declining for some time. The proposed conversion would improve the financial viability of this commercial property while adding to the supply of retirement accommodation in the local community. Furthermore, the proposal would provide accommodation for residents who are more mobile but wish to benefit from a more comprehensive living environment offering daily assistance and social programs.
The Department very much supports this proposal which facilitates new housing stock for seniors, and contributes to the continued viability of this neighbourhood by replacing less viable commercial uses and bringing new investment into the area. The new occupants would also utilize existing infrastructure and facilities presently available in this area.
Contact Name:
Euken Lui
Scarborough Civic Centre
Telephone: (416) 396-7015
Fax: (416) 396-4265
E-mail: Lui@city.scarborough.on.ca
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Mr. Suu-dda Patkar, Suu-dda Patkar Architectural Company, appeared before the Community Council on behalf of the owner, and expressed support for the foregoing recommendations.
Insert Table/Map No. 1
File No.: SS199018
Insert Table/Map No. 2
File No.: SS199018 (cont'd)
17
Proposed Plan of Subdivision ST1999002
740 Kennedy Road Inc.
740 Kennedy Road - Ionview Community
Ward 15 - Scarborough City Centre
(City Council on July 27, 28, 29 and 30, 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 June 30, 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 July 15, 1999, in accordance with Section 17 and Section 34 of the Planning Act and the regulations thereunder.
The Scarborough Community Council submits the following report (June 30, 1999) from the Director of Community Planning, East District:
Purpose:
To recommend draft approval of a plan of subdivision for a 3.4 ha (8.4 acre) parcel to create individual properties for 110 existing and 20 proposed freehold townhouses, a parcel for a 27 unit low-rise apartment building and a parcel to accommodate road access, open spaces and other common elements.
Recommendations:
It is recommended that Council support the Draft Plan of Subdivision submitted by 740 Kennedy Road Inc., as shown on Figure 2, subject to the following conditions:
(1) Plan as stamped "Recommended" this date (Figure 2);
(2) the owner shall make satisfactory arrangements with the City regarding:
(a) the provision of all services, easements and the payment of Development Charges;
(b) the applicant will be required to pay to the City $40.00 per lot to cover geodetic and aerial surveys; and
(c) the applicant will be required to pay to the City $300.00 per installed fire hydrant on City streets for maintenance purposes;
(3) the owner to pay 5 percent parkland contribution as cash-in-lieu of land for the new units;
(4) the owner shall deed the block of land that constitutes the Taylor-Massey Creek, free and clear of all encumbrances, to the City;
(5) the owner shall make satisfactory arrangements with Bell Canada regarding services and required easements;
(6) the owner shall make satisfactory arrangements with Toronto Hydro for the removal and relocation of any existing electrical plant affected as a result of this development, and to grant any easements that may be required;
(7) the applicant will be required to submit an adjacency report with the submission of the engineering drawings, for review and acceptance by the Works and Emergency Services Department;
(8) the applicant shall submit a Stage 2 Stormwater Management Report with the submission of the engineering drawings, implementing stormwater management techniques to the satisfaction of the Commissioner of Works and Emergency Services;
(9) the owner will be required to register on title private easements to provide for underground water, sanitary and storm sewer, hydro, cable, gas and any other such services required to service the development;
(10) the owner shall submit an arborist report together with a detailed plan which indicates the exact location of all existing trees situated on private property and all City trees that are to be protected and preserved, together with appropriate protection measures, for the approval by the Parks and Recreation Services Department;
(11) the owner agrees in the subdivision agreement, in wording acceptable to The Toronto and Region Conservation Authority:
(a) to obtain the necessary permit under the Ontario Regulation 158 for construction within the Regional Storm Flood Plain. As part of this permit the applicant must ensure that all new structures are flood protected to the Regional Storm Flood Plain elevation;
(b) prior to any grading or construction on site, the applicant to submit a detailed report or plan outlining the methods of controlling or minimizing erosion and siltation on site and in the downstream areas during and after construction; and
(c) to design and implement on-site erosion and sediment control, in order to meet the requirements of the Federal Fisheries Act. Any increase in concentrations of suspended solids or sediment loading may be a violation of this Act. The Ministry of Natural Resources will monitor effectiveness and take appropriate action as required;
(12) prior to final approval, the owner shall provide to all existing tenants an offer of right-of-first refusal, in a manner satisfactory to the City Solicitor;
(13) prior to final approval, the owner shall provide to all existing tenants a written statement not to require vacant possession other than for non-payment of rent or cause, should they wish to remain as tenants;
(14) prior to registration of the plan, the owner agrees to convey the block(s) of land that include the common areas, roadways and services to a Common Elements Condominium Corporation pursuant to The Condominium Act, 1998, (Bill 38), in a manner satisfactory to the City Solicitor;
(15) the owner shall construct a sidewalk across the Kennedy Road frontage, to the satisfaction of the Works and Emergency Services Department;
(16) the owner shall construct new water service to Kennedy Road for the apartment building;
(17) the owner shall repair the security fence abutting the CNR;
(18) prior to registration of the plan, the subject lands are to be zoned in accordance with the required development standards;
(19) prior to registration of the plan, the owner shall enter into an agreement with the City, to the satisfaction of the Director of Community Planning, East District, and the City Solicitor, to construct a new 27-unit rental apartment building; and
(20) authorize the appropriate City officials to execute, on behalf of the City, the agreements referred to in this report.
Existing Official Plan:
The site is designated Medium Density Residential (RM-55) in the Official Plan. This would provide for 185 dwelling units.
The westerly part of the property is within the Environmental Impact Zone (EIZ).
Existing Zoning:
The land is zoned Multiple-Family Residential (M), permitting one dwelling unit per 199 square metres (2,142 square feet) of lot area. This would permit 170 dwelling units.
The Zoning By-law requires all buildings, lots or parcels to front on a public street. The development is currently served by internal driveways that are of insufficient width to be assumed as public right-of-ways. Relief from this and other Zoning By-law provisions will be required prior to registration of the Draft Plan of Subdivision.
Context:
The subject land is situated in the Kennedy/Eglinton Scarborough Intermediate Centre, centred on the Kennedy subway station. This is one of Scarborough's sub-centres intended to accommodate 5,000 to 10,000 office jobs within approximately 400 metres (1,300 feet) walking distance of a major public transportation facility and in close proximity to major commercial facilities. The site is triangular in shape and has an area of approximately 3.39 hectares (8.38 acres). To the west there is the Taylor-Massey Creek (tributary of the Don River), to the south is the CNR/Subway right-of-way, to the north is a commercial strip plaza, and to the east is the Kennedy subway station. Eglinton Avenue, in the vicinity of the site, contains a significant number of low-rise apartment buildings and strip plazas, many in need of upgrading and renewal.
This development was built in the early 1950's and contains small residential townhouse units of about 75 square metres (800 square feet) each. The units are electrically heated, which adds substantially to the monthly rental cost. The units are also in need of upgrading with respect to masonry, windows and roofing. As part of the proposal to convert the units to freehold townhouses, the applicant is proposing to make significant improvements to the building facades, change the heating plant to natural gas and make the units more energy efficient. The applicant is also proposing to provide new roofing, which would make the buildings more attractive.
The new units would be infill townhouses and will be situated in areas presently used as unsupervised pockets of open space or remote parking lots. The new houses would provide for improved utilisation of the site. The proposal therefore, provides for residential intensification, consistent with the Official Plan.
The Kennedy/Eglinton area is in urgent need of improvement and development investment. Furthermore, residential intensification close to the Kennedy subway station would be appropriate and desirable to support the transportation facility.
Background:
On March 4, 1999, City Council exempted this site from the new Condominium Conversion and Demolition Policies, which were adopted as an amendment to the Official Plan at the April 13, 14 and 15, meeting of City Council. The exemption is conditional upon the applicant addressing all planning considerations for the proposed development of the site, including but not limited to:
(1) an acceptable strategy to ensure security of tenure for sitting tenants;
(2) provision for the right of first refusal to purchase units by sitting tenants;
(3) fulfilment of Toronto and Region Conservation Authority requirements;
(4) compliance with all applicable Council policies, in particular those pertaining to townhouse development on private roads; and
(5) provision of twenty-five percent affordable rental housing.
Comments:
Security of tenure:
The developer intends to provide opportunities to the present tenants to buy their units and is required by Provincial law to accommodate any present tenants who wish to continue to rent their units. According to the applicant, The Tenant Protection Act, 1997, (Sections 54 and 59) provides adequate legislative protection to tenants of rental housing and prevents the landlord from giving notice requiring vacant possession of a residential unit in the event of a conversion to a condominium or freehold. Given the effect of the Act, it is the applicant's position that there is sufficient security of tenure available to sitting tenants through the existing legislation and no further strategy would be required specifically tailored to this proposal. However, in order to ensure full compliance with this matter, staff propose that prior to final approval, the owner should provide to all existing tenants a written statement not to require vacant possession other than for non-payment of rent or cause, should they wish to remain as tenants.
Right-of-first refusal:
According to the applicant, The Tenant Protection Act, 1997, addresses the right-of-first refusal in Section 54 (5). However, because this Section pertains only to conversion from rental to condominium units, it would be appropriate to provide a condition in the subdivision agreement, indicating that all tenants existing as of the date of draft approval, receive an offer of right-of-first refusal from the owner, in a manner satisfactory to the City Solicitor. This will ensure that all sitting tenants will have the opportunity to consider the purchase of their own unit or to continue their tenancy as renters.
Toronto and Region Conservation Authority requirements:
The subject property is partially located within the Regional Storm Flood Plain and Fill Regulated Area. Infill development is not permitted in the floodplain unless the area is designated by the municipality and recognised by the Conservation Authority as a Special Policy Area (SPA). The SPA two-zone approach allows for development to occur within low risk areas within the floodplain, provided that flood-proofing measures are incorporated. The City has undertaken steps to proceed with a Special Policy Area designation through the new Official Plan process. The Toronto and Region Conservation Authority staff are of the opinion that the proposed development would meet the intent of a future SPA designation and as a result would be prepared to facilitate approval of the subdivision proposal and the required permit application, subject to the conditions outlined in the Recommendations.
The Works and Emergency Services Department have requested that the owner deed the block of land that constitutes theTaylor-Massey Creek free and clear of all encumbrances, to the City.
Townhouse development on private roads:
The draft plan of subdivision (Figure 2) proposes the creation of 130 parcels to accommodate the 110 existing townhouses and 20 new townhouses, a parcel to accommodate a 27 unit low-rise apartment building and a parcel to accommodate common elements such as driveways, open space and services for the development.
The site-servicing plan indicates that existing services run along the undeveloped areas of the site. To accommodate the proposed new housing, however, some of the electrical, cable, telephone, water and sewer services would require relocation. The applicant has undertaken extensive servicing studies and proposes to relocate all underground services to areas that would be subject to the Common Elements Condominium.
The existing townhouse development has a frontage of 26.9 metres (88 feet) on Kennedy Road. The applicant proposes to serve the proposed freehold townhouses with a 6 metre (20 foot) wide private road, upon which all proposed lots will have frontage of various widths. It is proposed that this road be a Common Elements Condominium. In addition to the road access, the Common Elements Condominium would also include outdoor amenity spaces, underground services, stormwater facilities, sidewalks, some parking spaces and open spaces.
Bill 38, which contains amendments to the Condominium Act, received Royal Assent on December 18, 1998. Part X of the legislation permits the creation of Common Elements Condominium Corporations. However, this section of the Act has not been proclaimed and is pending finalization and approval of the Regulations. This is anticipated to be completed later this year. The applicant agrees to convey the block of land that includes the common walkways and roadways to a Common Elements Condominium Corporation, in a manner satisfactory to the City Solicitor, prior to final approval of the plan.
Provision of twenty-five percent affordable rental housing:
In accordance with the Council direction to provide twenty-five percent of the existing 110 units as affordable rental housing, the applicant proposes to build a new 27 unit apartment building near the Kennedy Road frontage of the property and to enter into an agreement with the City to establish the rental component. The applicant has agreed to provide an undertaking to the City's satisfaction to achieve this objective.
Landscaping:
There are several mature trees on the site, and the applicant proposes to keep most of them and provide additional landscaping. As part of the Site Plan Control application, the owner will be required to submit an arborist report and a detailed plan which indicates the exact location of all existing trees situated on private property and all City trees that are to be protected and preserved, together with appropriate protection measures.
Rear yards:
Some of the new units would not have rear yards. The applicant has attempted to address this issue by providing rooftop decks and fenced-in front yard amenity spaces. A Site Plan Control Application (SS1998061) has been submitted by the applicant, indicating how site access, landscaping, open space and the relation of the proposed townhouses and apartment building to the street and surrounding area will be accommodated. Planning staff are working with the applicant to address these issues and provide for an attractive development in this area. Zoning By-law relief will be required for this and other provisions to bring the development into conformity.
Technical circulation:
The application was circulated to technical agencies and departments for their comments. There were no objections raised to the proposal by the reporting agencies.
Conclusions:
Approval of this draft plan of subdivision to provide for the creation of individual parcels, including the rental component and the parts that would be subject to the Common Elements Condominium, will provide improvements to the existing townhouse development and the creation of new townhouse parcels similar in size to those existing in the area. The new lots and the proposed rental building will provide additional housing stock to the City's inventory in close proximity to the subway. Accordingly, by maintaining and renovating existing 45-year-old housing stock, the price of the units will remain "affordable". Planning staff are recommending the proposed plan of subdivision be approved.
Contact Name:
Aristotle Christou
Senior Planner
Tel: (416) 396-5228
Fax: (416) 396-4265
christou@city.scarborough.on.ca
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Mr. Michael B. Vaughan, Agent for the owner, appeared before the Community Council and expressed support for the foregoing recommendations.
Insert Table/Map No. 1
File No.: ST1999002
18
Zoning By-law Amendment Application SZ1999001
734554 Ontario Ltd., 1255 Markham Road
Woburn Community
Ward 16 - Scarborough Highland Creek
(City Council on July 27, 28, 29 and 30, 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 May 31, 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 July 15, 1999, in accordance with Section 17 and Section 34 of the Planning Act and the regulations thereunder.
The Scarborough Community Council submits the following report (May 31, 1999) from the Director of Community Planning, East District:
Purpose:
This report makes recommendations with respect to an application for an amendment to the Woburn Community Zoning By-Law No. 9510, as amended, as it pertains to 1255 Markham Road, to delete the prohibition of Restaurant Uses, and to permit a 280 square metre (3,010 square foot) addition to the front of the existing building for use as a restaurant.
Recommendations:
It is recommended that City Council:
(A) Zoning By-Law:
amend the Woburn Community Zoning By-Law, as amended, with respect to Lot 18, Concession 2, municipally known as 1255 Markham Road, as follows:
(1) delete the word "Restaurants" from the list of uses prohibited on this site; and
(2) restrict the size of Restaurant Uses to a maximum gross floor area of 280 square metres (3,010 square feet) and location of such uses to the portion of the lot within 20 metres of the front lot line and 28 metres of the northerly side lot line; and
(B) authorize any unsubstantive technical, stylistic or format changes to the Zoning By-Law Amendment as may be required to give effect to this resolution.
Background:
The property comprises 0.5 hectares (1.2 acres) containing a one-storey building with 1,327 square metres (14,280 square feet) of gross floor area. The existing building is presently used as a retail fruit market.
Official Plan Amendment 749, approved by the Minister of Municipal Affairs on May 17, 1989, redesignated the subject lands as Office Use, and the implementing Zoning By-Law No. 22582, enacted by Council on February 27, 1989, zoned these lands Offices (OU) (Figure 2), with an Exception which prohibits restaurant and recreational uses.
The Office Uses designation provides for offices, and provides that Council may also zone the land for Commercial Uses (retail sales and services) as a use secondary to offices including one or more of the following uses, either in addition to or instead of offices:
- Business services
- Social service uses, including but not limited to:
day nurseries, libraries, recreational facilities and educational facilities.
The policy also states that "Council shall have regard for the need of such facilities in addition to existing services while recognizing Council's overall and on-going commitment to provide employment opportunities in the City". Council may also restrict the amount of such additional uses by a density limit, by an absolute floor space limit, by a ratio of office space on the same site or by other appropriate means.
The Offices (OU) zoning permits offices, banks, educational facilities, recreational facilities, personal service shops, retail stores, day nurseries and restaurants. Exception No. 63 in the Zoning By-Law prohibits restaurants and recreational facilities on the subject site. This prohibition was precipitated by the size of the site not being able to accommodate the high parking requirements required for these uses in addition to those of an office building proposal at that time.
A Community Information Meeting was held on May 4, 1999, attended by eight residents from two of the abutting six apartment buildings in which notices were posted. The residents expressed concerns relating mainly to noise, litter, traffic and parking. The residents were also concerned that zoning approval for restaurant uses could result in a larger restaurant on this site in the future.
The site is subject to Site Plan Control. A Site Plan Control Application, submitted in conjunction with the subject application, will address landscaping, parking layout, and other minor technical matters raised by the various technical agencies and the residents' concerns arising from the abovementioned Community Information Meeting (Figure 3).
Comments:
The owner indicated that the restaurant will be a 'cafe' style operation adjunct to the existing fruit market. It is anticipated that it will draw its clientele mainly from the customers of the fruit market. To allay the residents' concerns regarding expansion of the restaurant in the future, zoning provisions restricting the amount and location of restaurant uses on this site would ensure that the proposed restaurant is not enlarged without further public input and Council deliberation. This can be achieved by restricting the gross floor area of restaurant uses on the site to the proposed 280 square metres addition and the location to the portion of the lot within 20 metres of the front lot line and 28 metres of the northerly side lot line. The Zoning By-Law requires a minimum of 70 parking spaces for the restaurant and fruit market uses and in accordance with the revised parking layout on the Site Plan, 83 parking spaces are provided.
The Official Plan's Office Uses designation indicates Council's objective to see this site redeveloped with an office building. The Zoning By-Law, enacted at the same time, permitted retail stores allowing the existing Pirri's Fruit Market to continue on the site. Provided the requested restaurant uses are limited to the addition to the existing building as proposed, the subject proposal would not compromise the Official Plan's long term objectives. Amending the Zoning By-Law to delete the exception prohibiting restaurant uses would permit the proposed restaurant use. Incorporating provisions to restrict the restaurant use to the area of the proposed addition would protect the Official Plan's long term objectives in the interim.
Conclusions:
The proposed addition for a restaurant use on this site would give the owners more flexibility to provide additional services for both the residential and business communities in the area. The recommended zoning amendment is consistent with the Official Plan, will permit appropriate development which will generate additional tax assessment and create additional employment opportunities for this area, and represents good planning.
Contact Name:
Errol Chapman
Planner, Community Planning Division
Scarborough Civic Centre
Telephone: (416) 396-7721
Facsimile: (416) 396-4265
E-mail: echapman@city.scarborough.on.ca
The Scarborough Community Council submits, for the information of City Council, the following communication ( July 12, 1999) from Ms. Elizabeth Heron, representative for the owners of York Condominium Corporation No. 178:
Having attended, together with six other owners, the May 4th community meeting, we were surprised, upon receipt of the Report of Recommendations from Planning to Metro Council, that our verbal and written concerns were not included. They were:
That the proposed cafe addition, according to the site plan, would be set very close to the north property line, AND could it be in line with the original concrete block building. As well, with planned take-out foot from the proposed cafe, our concern was the amount of littering which would either be thrown or blown on our property which abuts their property to the north. AND, with the building line in keeping with the original building, could greenery be planted on the north side, as a possible screen and dimming of noise.
Errol Chapman, contact name for the report, later gave us measurements, which were:
Existing concrete block building - 1.5 metres or 5 feet from north property line
Existing insulated frame and - 21 cm or 8" from north property line OR 28 cm or 11"
siding building from survey line
Proposed cafe building - same as frame addition
Our concern - that as our underground garage is near the property line abutting Pirri's, the foundation or footings for this cafe would be even closer than the above given measurements. Could problems arise in the future due to this close proximity?
We were further advised by Mr. Chapman, the above measurements would not be changed.
Littering
This is more than a problem. It is an uncontrollable nuisance. With McDonald's across the road, and take-out from the proposed cafe (or is it a restaurant?), we face an additional amount of littering on our property.
At the present time, employees of McDonald's clear the old farm property to their south of any litter, from time to time.
We would appreciate very much if any litter from Pirri's proposed cafe take-out, which might land on our property, could be cleared on a regular basis by Pirri's.
We do hope that Council will take our concerns into consideration prior to acceptance, and await your decision.
The following persons appeared before the Community Council in connection with the foregoing matter:
- Mr. Zak Ghanim, Architect;
- Mr. Samky Mak, Owner; and
- Ms. Elizabeth Heron, representative for the owners of York Condominium Corporation No. 178, addressing the concerns expressed in the foregoing communication.
Insert Table/Map No. 1
Location and Existing Zoning
Insert Table/Map No. 2
Recommended Site Plan
Insert Table/Map No. 3
Woburn (East) Community Secondary Plan
19
Official Plan Amendment Application SP1998020
Zoning By-law Amendment Application SZ1998039
Masaryktown Memorial Institute Incorporated
450 Scarborough Golf Club Road
Woburn Community
Ward 16 - Scarborough Highland Creek
(City Council on July 27, 28, 29 and 30, 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 June 21, 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 July 15, 1999, in accordance with Section 17 and Section 34 of the Planning Act and the regulations thereunder.
The Scarborough Community Council submits the following report (June 21, 1999) from the Director of Community Planning, East District:
Purpose:
This report recommends amending the Woburn Community Secondary Plan and the Woburn Community Zoning By-law for the lands located on the west side of Scarborough Golf Club Road, south of Confederation Drive, as shown on the attached map. The proposed changes would permit a 74-unit residential building containing "Life Lease" units and the provision for a future 30-unit residential care facility.
Recommendations:
It is recommended that City Council:
(A) Official Plan:
amend the Woburn Community Secondary Plan, as amended, with respect to the lands located on the west side of Scarborough Golf Club Road, south of Confederation Drive, being Part of Lot 17, Concession D as follows:
(1) Add the following numbered policy:
"West Side of Scarborough Golf Club Road South of Confederation Drive
High Density Residential and Community Facilities designations are permitted in addition to the existing Institutional Uses- Recreational designation. In considering Zoning amendments to allow for the development of these lands, Council shall consider the compatibility of the development to the surrounding land uses having regard for building height, massing and location.";
(B) Zoning By-law:
amend the Woburn Community Zoning By-law No. 9510, as amended, with respect to the lands located on the west side of Scarborough Golf Club Road, south of Confederation Drive, being Part of Lot 17, Concession D, as follows:
(1) Additional Permitted Uses:
All uses within the Apartment Residential (A) Zone, excluding group homes;
(2) Development Standards:
(a) maximum number of units 104 (of which a maximum of 74 units shall be apartments and a maximum of 30 units shall be nursing home and senior citizens' homes);
(b) minimum building setback (above or below grade) from streetline 3 metres;
(c) minimum building setback from top-of-bank 10 metres;
(d) minimum building setback from a lot line other than a streetline 3 metres;
(e) maximum building height 6 storeys, excluding basements and parking structures;
(f) a minimum of 1.1 parking spaces per apartment unit shall be provided, consisting of a minimum of 1 parking space per apartment unit for residents and 0.1 parking spaces per unit for visitors;
(g) a minimum of 0.25 parking spaces per nursing home or senior citizens' home unit shall be provided;
(h) residential Parking Regulations shall not apply; and
(C) Miscellaneous:
authorize such unsubstantive, technical, stylistic or format changes to the Zoning By-law as may be required to give effect to this resolution.
Proposal:
The owner of the subject property, as shown on the attached map on Page 1, has requested changes to the current "Institutional" designation and zoning of the site in order to facilitate the construction of a 74-unit residential development containing life lease units. "Life Lease" is an established alternative form of seniors housing in Ontario. Entering into a life lease agreement allows the purchaser to occupy an apartment unit for life, in exchange for a one-time payment and monthly fees. Masaryk Memorial Institute Incorporated will be responsible for the management of the project. This portion of the development will be terraced ranging from 3 to 6 storeys, with a 6-storey exposure along the valley slope to the south. Other than 10 surface parking spaces, the remaining parking would be provided in an underground-parking garage. The overall massing of the building is similar to the current development on the site. Accordingly, the proposal is in keeping with the overall development scheme of the subject lands.
As part of this application, the owner is also seeking permission to allow for the future development of a 30-unit residential care facility. No information is provided for this component. The applicant has advised staff that this latter concept has been considered as a potential future phase in the on-going development of these lands, given the aging population of the membership of the Masaryk Memorial Institute.
The details of the development proposal are as follows:
Total Land Area 9.20 hectares (22.70 acres)
Development Area* 1.33 hectares (3.30 acres)
Proposed Gross Floor Area 12,775 square metres (137,510 square feet)
Life Lease Concept 74 units
Care Facility Concept 30 units
Proposed Parking Supply 84 spaces
* In order to facilitate the development of the "Life Lease" and "Care Facility" concepts, a severance application (SB1998092) has also been submitted to sever a 1.33 hectare (3.3 acre) portion of the land holdings. Site Plan Control application (SS99040) has also been submitted seeking approval for the physical layout and form of the development.
Background:
Scarborough Community Council, in December 1998, considered a Preliminary Evaluation Report and directed that the Public Meeting for consideration of these files be targeted for the first quarter of 1999, subject to: staff providing the required notice, and the applicant submitting the required technical studies in support of these applications.
A Community Information meeting, hosted by Masaryk Memorial Institute Incorporated, was held on November 9, 1998. Notice was sent to all property owners within 120 metres (400 feet) of the subject property (approximately 135 notices). The two Ward Councillors and approximately 21 residents of the area attended the meeting.
The main issues discussed at the Community meeting included: tenure of housing, traffic, the size and massing of the proposed building, the location of the building and distance separation from the single-family dwellings to the north and east, and the parking scheme. The feedback of the meeting was generally positive indicating support for the proposed development. The other items discussed are technical in nature and will be resolved during the Site Plan review process.
The lands are designated and zoned for Institutional uses. Institutional uses are generally defined as lands providing for uses which occupy large parcels of lands with low building coverage. Some of the permitted uses include hospitals, educational institutions and recreational uses. The proposed development requires the lands to be redesignated to add High Density Residential uses in the Official Plan and rezoned to allow Apartment uses and a Residential Care Facility in the Zoning By-law.
The lands are subject to the Environmental Impact Zone (EIZ) and Ravine Protection policies of the Official Plan. The EIZ constitutes all lands located below the crest of the valley slope...and lands within the first 10 metres above and beyond the crest of a stable valley slope. The Plan does not permit buildings within the EIZ unless Council is satisfied through the completion of adequate studies that the natural environment can be adequately protected. Development within or abutting a watercourse subject to the Ravine Protection policies shall have regard for the natural environment with respect to slope stability, storm water drainage, vegetation and setbacks from the top-of-bank. Prior to development drawings and studies identifying changes to the natural environment have to be submitted to the satisfaction of the City in consultation with appropriate agencies.
Comments:
The applicant has submitted a "Slope Stability Analysis" report to the City regarding the suitability of the area to accommodate development. The Toronto Regional Conservation Authority (TRCA) have reviewed the report and concur with the findings indicating the proposed development can be built without any impact on the stability of the slope. The TRCA has requested that the development be zoned to ensure a minimum distance separation of 10 metres (32 feet) from the stable top-of-bank. Planning staff will continue to finalize these technical issues during the review of the Site Plan approval process, in co-operation with staff from other Department and Agencies.
A Traffic Impact Analysis report was submitted with the applications and has been reviewed by staff of the Works and Emergency Services Department, Transportation Services. Staff concur with the findings of the report indicating that minimal additional vehicular movements will occur based on the proposed development. Access to the site will continue to be provided and maintained via the private road, off of Scarborough Golf Club Road.
A Vegetation Assessment has been submitted indicating that some mature trees will have to be removed to accommodate the proposed development. This issue is being co-ordinated with Urban Forestry staff in conjunction with the Tree Preservation By-law. Staff will continue to deal with this issue during the review of the Site Plan approval process to ensure trees, which can be preserved, will be protected. As part of the site plan process staff will also explore additional tree planting to compensate for trees which will be lost as a result of the development, as well as providing trees along the street front to provide a visual buffer of the building face.
Masaryk Memorial Institute Incorporated created a similar type of development, at the most westerly portion of the site, which also required amendments to the Official Plan and Zoning By-law, as well as a severance. The Ontario Municipal Board approved the applications in January 1989.
The applicant is proposing to supply 84 parking spaces to accommodate the parking demand for the life lease building. This supply equates to 1.1 parking spaces per unit. Council's policy in the City's Parking Guidelines, with respect to parking for seniors' residences, requires a minimum supply of 0.5 parking spaces per dwelling unit. This policy does not however include seniors condominiums. Standard condominium developments typically require a supply of 1.4 parking spaces per dwelling unit, as per the policy. Because the life lease concept allows the purchaser to occupy an apartment unit for life, in exchange for a one-time payment and monthly fees, this form of housing will fall somewhere between seniors housing and a condominium type of development. Therefore, a supply of 1.1 parking spaces per unit is proposed to meet the expected parking demand. Transportation Section staff concur with the amount of parking being proposed.
As discussed earlier in this report, the owner is seeking permission to also allow for the future development of a 30-unit residential care facility given the aging population of the membership of the Masaryk Memorial Institute. Council's policy indicates that the parking requirement for chronic care facilities is 0.25 parking spaces per bed.
The addition of the proposed use at this location would provide the owner with a means by which it could relieve its financial burden and at the same time provide housing for its members and the community. The proposed development provides an opportunity for additional dwelling units to the City's overall housing stock. It would also serve to increase the assessment on the property.
The development of this site with additional residential uses similar to the previous development at the westerly portion of the land holdings, having a good spatial separation from the abutting single-family dwelling properties to the north, will not adversely impact the surrounding uses. The accessible location of the site, in conjunction with the aesthetic natural environment, makes it an ideal location for a residential development. Accordingly, staff support the proposal to develop these lands with additional residential and care 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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The Scarborough Community Council submits, for the information of Council, the following communication (July 9, 1999) from Mr. Luigi Nunno:
1. Due to a previous commitment, unfortunately on this date I will be attending a convention in Halifax, Nova Scotia. About 15 years ago, our family chose to build our present home on the ravine empty lot, which is located immediately across the driveway, which provides the only access to the Masaryk park. While I am not necessarily opposing the development, I am very concerned of the location as to where it is going to be erected.
The reasons are the following:
2. Exactly across the road from the proposed project (on the east side) about 3 or 4 years ago, Metropolitan Toronto Road Department had to stabilize the bank by bringing in many truck loads of clean soil to create a less steep slope on the bank. This was followed by a plantation of trees. The reason for the soil erosion was due to a water spring which was erupting from the asphalt underground and washing away part of the easterly side of Scarborough Golf Club Road.
3. As we all know, all the residents of Guildwood who need to go north-west (to Hwy 401) use Scarborough Golf Club Road rather than Markham Road (because there are one third of the number of traffic lights) which traffic is only bound to increase in future.
4. They are talking about building a bridge at the railway track, thus inviting more traffic on our street, which at times seems like a highway.
5. The existing 400m long driveway not only has a very noticeable slope, but does not have any catch basin to pick up the water run off, especially during the winter days when the snow melts. It would take most of your meeting if I was going to inform you of the number of accidents that occur every year. It is almost a sure thing, especially during any noticeable snow accumulation because our home is the first home (east side) on top of the bridge, dozens of motorists ask to use our phone due to the countless number of accidents.
6. Once that the remainder of the parkland on the subject property is developed, there must be a traffic light installed at the present drive way location. Ironically at that exact location where Scarborough Golf Club reduces from 4 lanes to 2 lanes.
Because of all the reasons above, the proposed project (if approved) should be developed substantially further west (at least another 50 meters west). The remainder of the existing bank will be to be cut down, so that it will alleviate the soil pressure and provide better visibility from the south, not only for the people living in Masaryk Park, but mostly for the drivers coming from the north, who can not control their vehicles in the winter months even if they go 40 km per hour.
By doing so, if and when Scarborough Golf Club Road will be widened, it would be possible to widen the road on the west side rather than cut down these fairly young trees, which were just planted on the ravine a few years ago on unusable soil, along the east side of the road.
I hope you can appreciate my concerns and that you find them valid.
Thank you very much for your time.
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Mr. Gary Zock, Life Lease Associates of Canada, and Mr. Andrew Gortat, Architect, appeared before the Community Council on behalf of the applicant and expressed support for the foregoing recommendations.
Insert Table/Map No. 1
Propesed Site Plan
Insert Table/Map No. 2
Elevation Plan
20
Official Plan Amendment Application SP98013
Zoning By-law Amendment Application SZ98025
Draft Plan of Subdivision Application ST1999001
BFC Construction Corporation, 3660 Midland Avenue
Milliken Employment District
Ward 17 - Scarborough Agincourt
(City Council on July 27, 28, 29 and 30, 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 June 22, 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 July 15, 1999, in accordance with Section 17 and Section 34 of the Planning Act and the regulations thereunder.
The Scarborough Community Council submits the following report (June 22, 1999) from the Director of Community Planning, East District:
Purpose:
The applications propose to amend the Official Plan and Zoning By-law for the property south of McNicoll Avenue and west of Midland Avenue, to permit commercial uses, including retail stores, personal service shops, service shops, restaurants and financial institutions in addition to currently permitted uses over the entire lands. The owner proposes a development concept consisting of approximately 12,000 square metres (130,000 square feet) of commercial and office gross floor area in 12 free-standing, one and two storey buildings. The existing 6,200 square metre (66,800 square foot) office building on the property will be retained and a portion of the ground floor is proposed to be converted for restaurant use.
Recommendations:
It is recommended that City Council:
(A) Official Plan:
amend the Milliken Employment District Secondary Plan with respect to the BFC Construction Corporation lands, known municipally as 3660 Midland Avenue, by deleting the current Industrial Employment designation and extending the current General Employment designation over the entire subject lands, and by adding the following Numbered Policy :
"South side of McNicoll Avenue and west side of Midland Avenue:
Urban Form and Design
Building and site design, landscaping, and other elements of site development shall contribute to the creation of a uniform streetscape along McNicoll Avenue, the new Silver Star Boulevard extension, and the new east-west road; promoting a pedestrian friendly environment.
Buildings along McNicoll Avenue, the new Silver Star Boulevard extension, and the new east-west road shall provide a strong built form near the street edge, with consistent building setbacks close to the street line, with occasional breaks for access, servicing, and landscaped open spaces and parking courtyards.
Corner buildings shall be located to define the adjacent public streets and to give the corner sites prominence.
High quality landscaping, pedestrian amenities, and public streetscape improvements shall be provided which promote a unified project image.";
(B) Zoning By-law:
amend the Employment Districts Zoning By-law No. 24982 (Milliken), as amended, with respect to Part of Lots 85 and 86, Registrar's Compiled Plan 9828, known municipally as 3660 Midland Avenue, by deleting the current Industrial(M), General Industrial (MG), Special Industrial(MS), and Employment (E) 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;
(j) Retail Stores;
(k) Service Shops.
(2) Performance Standards:
(2.1) maximum total gross floor area of all retail stores, personal service shops, restaurants, and service shops shall not exceed 11,200 square metres (120,600 square feet);
(2.2) maximum total gross floor area of all restaurants shall not exceed 1,300 square metres (14,000 square feet);
(2.3) maximum total gross floor area of all buildings shall not exceed 0.50 times the area of the lot;
(2.4) minimum street yard building setback 3 metres (10 feet);
(2.5) the provisions of the By-law shall apply collectively to the lands notwithstanding its division into two or more parcels;
(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;
(D) Draft Plan of Subdivision:
approve the Draft Plan of Subdivision ST1999001 by BFC Construction Corporation, with respect to Part of Lots 85 and 86, Registrar's Compiled Plan 9828, known municipally as 3660 Midland Avenue, subject to the following conditions:
(1) the Plan as stamped "Recommended" this date (see Figure 2);
(2) the owner shall make satisfactory arrangements with the City regarding:
(2.1) all services and easements, and payment of Development Charges to the City;
(2.2) the dedication of all streets, road widenings, corner roundings, and required 0.3 metre (1 foot) reserves to the City at no charge and free and clear of all encumbrances;
(2.3) street tree planting to the satisfaction of the Economic Development, Culture and Tourism Department;
(3) the owner to apply storm water management techniques in the development of this subdivision to the satisfaction of the Works and Emergency Services Department;
(4) the owner shall make satisfactory arrangements with the Toronto Hydro Electric Commission regarding the supply of underground electrical and street lighting distribution systems for the proposed development;
(5) the owner to construct sidewalks to the satisfaction of the Works and Emergency Services Department;
(6) the owner to make satisfactory arrangements with the Works and Emergency Services Department regarding payment for inspection fees and engineering costs that may be required in addition to the normal Development Charges;
(7) the owner shall make satisfactory arrangements with Bell Canada regarding services and required easements;
(8) the owner shall make satisfactory arrangements with the Works and Emergency Services Department regarding the following:
(8.1) the extension and construction of Silver Star Boulevard through the Ontario Hydro Corridor at no cost to the City of Toronto;
(8.2) installation of traffic signals at the new intersection of Silver Star Boulevard and McNicoll Avenue, widening of Midland Avenue south of McNicoll Avenue to accommodate a continuous centre turn lane tapering south of the subject lands, installation of an eastbound and westbound left turn lane at the Midland Avenue/McNicoll Avenue intersection, and further improvements at the location of the intersection of Midland Avenue with the new east-west road to facilitate vehicular and pedestrian movements, all at no cost to the City of Toronto;
(9) the Subdivision Agreement to contain provisions to the satisfaction of the Director of Community Planning, East District, which ensure:
(9.1) CN Rail noise, vibration and safety impact mitigation measures are incorporated into the design of the development;
(9.2) fencing is installed and maintained at the owner's expense along the mutual property line between the subject lands and abutting CN Rail and Ontario Hydro lands;
(9.3) review and approval of lot grading and drainage to the satisfaction of CN Rail and Ontario Hydro;
(10) the owner shall make satisfactory arrangements with Ontario Hydro regarding any necessary relocations or revisions to Ontario Hydro Services Company facilities to accommodate the subdivision; and
(11) the subject lands are to be zoned in accordance with the proposed development standards prior to the registration of the plan.
Background:
Site Statistics
Site Area: 5.31 hectares (13 acre)
Proposed Office Gross Floor Area* 7,018 square metres (75,543 square feet)
Proposed Commercial Gross Floor Area** 9,930 square metres (106,889 square feet)
Proposed Restaurant Gross Floor Area*** 1,262 square metres (13,585 square feet)
Proposed Total Gross Floor Area 18,210 square metres (196,017 square feet)
Proposed Parking 640 surface parking spaces
* includes 6,000 square metres (64,585 square feet) of existing offices to be retained.
** excludes proposed restaurant gross floor area.
*** includes 210 square metres (2,260 square feet) of existing offices to be converted to restaurant.
Details of Site
The subject lands currently contain a five-storey, 6,200 square metre (66,800 square foot) office building along Midland Avenue and related surface parking at the rear with vehicular access from Midland Avenue. BFC Construction Corporations corporate offices are the main tenant within this building. The remainder of the property contains BFC's utility yard where trucks and equipment are stored and a staging area for work performed off-site by BFC's related operating companies. The existing office building is proposed to be retained and the utility yard is to be removed from the property. Economic Development staff have been assured by Senior Management of BFC that the location of the utility yard has little impact on the head office operation and that there are no plans to relocate the head office function.
Character of Surrounding Area
Surrounding uses consist of a Garden Centre on the southwest corner of the Midland Avenue and McNicoll Avenue intersection, the Evergold commercial shopping centre and Yee Hong Centre for Geriatrics complex on the southeast corner, single-family dwellings with reversed lot frontages on the northeast corner, and vacant industrial lands on the northwest corner of the intersection. On the west side of Midland Avenue, just north of McNicoll Avenue, there are vacant industrial lands currently used as a Golf Driving Range. The subject lands are bounded by a CN Rail line to the immediate west. To the immediate south of the subject lands exists a 150 metre (492 foot) wide Ontario Hydro Corridor containing two transmission lines. Further south along the west side of Midland Avenue there are a mix of industrial and commercial buildings, and single-family and two-family dwellings with reversed lot frontages along the east side of Midland Avenue.
Properties on the north and south sides of McNicoll Avenue, between Kennedy Road and Midland Avenue, are characterized by large tracts of vacant industrially zoned lands, some of which are currently used for agricultural purposes. The property on the southeast corner of McNicoll Avenue and Kennedy Road is the only property on this stretch occupied by an industrial building. McNicoll Avenue, east of Midland Avenue, is characterized by residential uses within the Milliken and Agincourt North Communities. McNicoll Avenue, west of Kennedy Road is characterized by residential uses and Community Facilities within the Steeles and L'Amoreaux Communities, including the Bamburgh Gate residential development on the southwest corner of McNicoll Avenue and Kennedy Road and the L'Amoreaux Community Centre on the northwest corner.
Current Official Plan and Zoning
The subject lands fall within the Milliken Employment District Secondary Plan area. The lands are designated General Employment along the McNicoll Avenue and Midland Avenue frontages of the property. General Employment provides for industrial uses, recreational uses, offices, Community Facilities, retail and service uses, and training and educational facilities. The interior of the property is designated Industrial Employment providing for industrial uses, open storage, recreational uses, day nurseries, Public Utilities, truck terminals, contractors and builders supply yards, offices, training and educational facilities, and limited retailing ancillary to manufacturing, assembling and processing. The Secondary Plan illustrates the extension of Silver Star Boulevard through the property to McNicoll Avenue and eventually to Steeles Avenue. Silver Star Boulevard is currently constructed up to the first property south of the Ontario Hydro Corridor. The City owns the lands for the future extension of Silver Star Boulevard to McNicoll Avenue, except for the first property south of the Ontario Hydro Corridor.
The property is zoned Employment (E) along the Midland Avenue frontage of the property, and Industrial (M), General Industrial (MG), and Special Industrial (MS) on the remainder of the property.
Comments:
Planning staff hosted a Community Information Meeting the evening of May 4, 1999 at Alexmuir Junior Public School. Local Councillors Doug Mahood and Sherene Shaw attended the meeting as well as Valerie Plunkett of the Rosewood Taxpayer's Association. The applicant presented the project and associated road improvements.
Design Concept Plan
The design concept for the subject lands proposes to create a high quality commercial development which is lively, pedestrian oriented and uniform in its design. It is intended to create a street related village atmosphere. To ensure this unique design concept is carried through to construction, Scarborough Community Council directed the applicant, in consultation with City staff, to develop site specific urban design guidelines that can be effectively implemented through all phases of development on the lands.
To further the design philosophy presented by the applicant, refinements to the design concept were made following discussions with planning staff. The result is the current concept plan shown on Figure 1. The concept plan presents a strong built presence along McNicoll Avenue, the new Silver Star Boulevard extension, and the new east-west road. This is consistent with the Secondary Plan which encourages the intensity of development along the streetline to both create an attractive streetscape as well as a buffer from the industrial activities in the interior of Employment Districts. The concept plan gives corner sites prominence, and the combination of landscaping, pedestrian amenities, and public streetscape improvements will result in a unified project image.
Stemming from the concept plan, specific urban design guidelines have been formulated for this project which are proposed for inclusion in the Secondary Plan as a numbered policy. This will ensure their successful implementation during the different phases of development on the subject lands. The urban design guidelines, which capture the design philosophy presented above, are outlined in the recommendations.
Scarborough Community Council directed the applicant to submit traffic impact and site servicing reports and a subdivision application, all of which have been submitted and reviewed by the City.
Transportation Improvements
The traffic impact study by Entra Consultants Inc. concludes that the site traffic can be accommodated by the existing road system with some road improvements which include; the installation of traffic signals at the new intersection of Silver Star and McNicoll, adjusted signal timings at the intersection of McNicoll and Midland, and widening of Midland Avenue along the frontage of the development site to accommodate installation of a continuous left-turn lane.
Planning staff concur with the traffic study and proposed road improvements but are also recommending the owner pay for the cost of the installation of an eastbound left turn lane at the Midland Avenue/McNicoll Avenue intersection to accommodate the anticipated increase in traffic volumes. The applicant has agreed to pay for the cost of this additional improvement and also for the cost of a westbound left turn lane to provide for opposing left turns at the intersection.
The outbound left turn movements on both sides of Midland Avenue (one serving the subject development and one serving the existing commercial property on the east side of Midland) are expected to experience long delays. The traffic consultant is currently discussing possible mitigating measures with City staff to ensure these movements operate in a more satisfactory manner. Also, it is expected that the subject development will attract pedestrians from the existing seniors complex on the east side of Midland Avenue. To promote pedestrian crossings at the signalized intersection of Midland and McNicoll, further improvements to facilitate pedestrian movements may be necessary such as constructing a sidewalk along the west side of Midland Avenue. Therefore, the applicant has agreed to pay for the cost of possible further improvements to facilitate vehicular and pedestrian movements in the vicinity of the intersection of Midland Avenue with the new east-west public road. Arrangements for these further improvements can be finalized prior to the registration of the subdivision.
Extension of Silver Star Boulevard
As a result of negotiations with planning staff and the local councillors, the applicant will also pay for the extension and construction of Silver Star Boulevard through the Ontario Hydro Corridor.
The extension of Silver Star Boulevard from McNicoll Avenue south through the property will improve the accessibility to the subject lands, and ultimately the interior of the Employment District to the south when the extension is connected with the existing northern terminus of Silver Star Boulevard. This eventuality is currently impeded by the industrial property at 3450 Midland Avenue, immediately north of the existing terminus of Silver Star Boulevard. The City has a servicing easement over the lands but currently does not own the lands required for the road extension.
Canadian BBR Inc. is the owner of 3450 Midland Avenue. On June 14, 1999, City staff from Community Planning, Economic Development, and Transportation Services met with Mark Ducommun of Canadian BBR to discuss the benefits of extending Silver Star Boulevard through their property. Mark Ducommun advised that use of their long narrow property is essential to their business which is the manufacturing of construction cabling. The manufacturing process involves stretching out cables over the length of their property in order to assemble their products. They have been located at this location since the early 1980's and currently employ approximately 30 people. They had previously been located further south on Midland Avenue during the 1960's. Mark Ducommun advised that the company is happy with its current location and has no plans to relocate. He did however say that a relocation in the City would be considered if it were to benefit the company. Economic Development staff has undertaken to look for a property with similar attributes for a possible relocation.
Mutual driveways
Consistent with the Milliken Employment District Secondary Plan, which promotes the provision for vehicle circulation between projects and encourages common use of access points while providing for pedestrian amenities, development of the lands on the southwest corner of Midland Avenue and McNicoll Avenue should be co-ordinated with development of the subject lands. In this regard Scarborough Community Council directed planning staff to convene a meeting between the applicant and owner of the property on the southwest corner of Midland Avenue and McNicoll Avenue, in order to encourage concurrent/co-ordinated development. The positive meeting was held on January 27, 1999 with the owner Mr. Leung and his associate Mr. So. BFC Construction and Mr. Leung have agreed to pursue formal mutual driveways on Midland Avenue and McNicoll Avenue when the corner property is developed. This will reduce the number of driveways onto the public roads and improve the circulation between the two properties. Mr. Leung has preliminary plans for a one and two storey commercial development for the subject lands which he may pursue in approximately two years. As specific development projects proceed on the BFC Construction Corporation lands adjacent to the corner property, planning staff will undertake further meetings with both owners to secure mutual driveways during review of Site Plan Control applications.
Site Servicing
The Works and Emergency Services Department has reviewed the applicant's servicing report and concurs that adequate servicing capacity exists for this development.
Draft Plan of Subdivision
The draft plan of subdivision application proposes to divide the subject lands into four separate parcels (see Figure 2). The parcels will be served by a new north-south public road extending south from McNicoll Avenue (Silver Star Boulevard extension), and a new east-west public road extending west from Midland Avenue, through the subject lands. At the preliminary stage of review, planning staff questioned the necessity of the east-west public road given the good exposure and accessibility afforded to this property along Midland Avenue, McNicoll Avenue, and the future extension of Silver Star Boulevard through the property. However, following discussions with the applicant, it became apparent that this public road is essential to the success of the project and will be a benefit to the City. The public road will create the opportunity for a lively, pedestrian-oriented project in the form of buildings which front onto a highly visible public realm. Buildings will frame public, rather than private spaces. The introduction of an east-west public road will provide greater accessibility and visibility to all areas of this project.
The proposed subdivision may be further divided into smaller blocks through the lifting of part lot control as development phasing proceeds. This approach will provide flexibility to the owner when marketing the project to retailers. A Bill lifting part lot control from the subject lands will be brought before Council following submission of a Part Lot Control application and after Community Planning staff are satisfied that specific phases proposed achieve the overall design objectives for the project. It is recommended that a performance standard be applied to the subject lands which stipulates that the provisions of the By-law shall apply collectively to the entire project notwithstanding its division into two or more parcels.
Parking
Parking requirements for the proposed development will be subject to the General Parking Provisions in the Employment Districts Zoning By-law which require a minimum of 3 parking spaces per 100 square metres (1076 square feet) of gross floor area for offices and retail uses, and 10.7 parking spaces per 100 square metres (1076 square feet) of gross floor area for restaurants. Based on the current breakdown of uses, a total of approximately 640 parking spaces would be required which the current concept plan can accommodate on the surface. Given the mixed use nature of this project, it is anticipated that parking will be shared between the various land uses. Parking demand for offices is higher during the day while parking demand for commercial uses is higher in the evening. Shared parking opportunities will be better understood as development proceeds with specific tenants. The application of the general parking standards is expected to generously accommodate parking demands on the subject lands.
Additional parking is also proposed on both sides of the new 23 metre (75 foot) wide Silver Star Boulevard extension and the 20 metre (66 foot) wide east-west public road. The on-street parking will provide additional convenient parking and will contribute to the village atmosphere of the project. The east-west public road may have to be widened to 23 metres (75 feet) to accommodate parking on both sides. This will be determined prior to registration of the subdivision and following further discussions with Transportation Services staff regarding the detailed design of the road.
Official Plan and Zoning
Commercial uses are provided for in the Official Plan under the General Employment designation (retail and service uses). An Official Plan Amendment is required because Commercial uses are also proposed on the interior portion of the property currently designated Industrial Employment. The subject lands and properties on the south side of McNicoll Avenue within this Employment District are clearly defined and separated by McNicoll Avenue to the north and a 150 metre (492 foot) wide Ontario Hydro Corridor to the south. As a result, only narrow tracts of these lands are designated Industrial Employment north of the Ontario Hydro Corridor as evidenced from the Milliken Employment District Secondary Plan Land Use Map. Due to their isolated location, these lands have special locational attributes distinct from other properties within the Employment District. Planning staff are of the opinion that redesignating these lands from Industrial Employment to General Employment, which would provide for commercial uses throughout the entire lands, is appropriate for comprehensive developments such as the one proposed for the BFC lands. This can be considered a refinement to the existing General Employment designation along the south side of McNicoll Avenue to recognize the existing property configurations and constraints. A similar refinement for the lands on the south side of McNicoll Avenue west of the CN Rail line to Kennedy Road can be considered when a comprehensive development is proposed on those lands.
A Mixed-Employment Zone (ME) for this property best characterizes the proposal and the mix of uses in this area. Aside from retail stores, personal service shops, service shops, restaurants, and financial institutions, all the uses in the Mixed-Employment (ME) Zone are currently permitted on the subject lands, including industrial uses, which planning staff are recommending be retained to provide the opportunity for industrial users in this project.
Seniors Residential Hotel
The original proposal for this project contained a seniors residential hotel component. Scarborough Community Council has deferred consideration of this component to following the completion of an area land use study regarding the introduction of seniors residential-type uses within the Milliken Employment District. Planning staff will be reporting to Scarborough Community Council with Terms of Reference for this area land use study following the summer break.
Conclusions:
This project will enhance and revitalize this area. 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 introduction of a mix of land uses on this property will encourage new employment and assessment opportunities and the retention of existing office employment and assessment. The proposal presents an opportunity to replace an unsightly utility yard which is now highly visible from McNicoll Avenue, with quality designed development to serve the surrounding area and improve the aesthetics along McNicoll Avenue. The proposal may encourage further development along the new stretch of McNicoll Avenue between Kennedy Road and Midland Avenue, which remains primarily vacant.
Contact Name:
Joe Nanos, Acting Senior Planner
Telephone: (416) 396-7037
Facsimile: (416) 396-4265
nanos@city.scarborough.on.ca
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Mr. Stephen Diamond, Solicitor, appeared before the Community Council on behalf of the applicant and expressed support for the foregoing recommendations.
Insert Table/Map No. 1
File No.: SP98013, SZ98025, ST1999001
Insert Table/Map No. 2
File No.: SP98013, SZ98025, ST1999001
Insert Table/Map No. 3
File No.: SP98013, SZ98025, ST1999001
Insert Table/Map No. 4
File No.: SP98013, SZ98025, ST1999001
Insert Table/Map No. 5
File No.: SP98013, SZ98025, ST1999001
Insert Table/Map No. 6
File No.: SP98013, SZ98025, ST1999001
21
Zoning By-law Amendment Application SZ98028
Dar-Zen Holdings Limited
4800 Sheppard Avenue East, Unit 114
Marshalling Yard Employment District
Ward 18 - Scarborough Malvern
(City Council on July 27, 28, 29 and 30, 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 June 21, 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 July 15, 1999, in accordance with Section 17 and Section 34 of the Planning Act and the regulations thereunder.
The Scarborough Community Council submits the following report (June 21, 1999) from the Director of Community Planning, East District:
Purpose:
This report recommends approval of the rezoning application to permit an approximate 85 square metre (915 square feet) Vehicle Sales Operation in conjunction with the existing vehicle leasing business on the lands shown on the adjacent Figure.
Financial Implications:
None
Recommendations:
It is recommended that City Council:
(A) amend the Employment Districts Zoning By-law No. 24982, as amended, with respect to the Marshalling Yard Employment District, for the lands known municipally as 4800 Sheppard Avenue, being Part of Lot 21, Concession 3, as follows:
(1) adding Vehicle Sales Operations, excluding the open storage or display of vehicles to the permitted uses in Exception 61;
(2) adding a Performance Standard which will restrict Vehicle Sales Operations to a maximum gross floor area of 85 square metres (915 square feet) and which is to be located within 20 metres (66 feet) of Sheppard Avenue street line;
(3) adding a provision which will prohibit accessory signage advertising vehicles for sale;
(4) deleting the Performance Standard which removes the application of the landscaping requirements described in the General Provisions of the By-law; and
(B) authorize any unsubstantive technical, stylistic or format changes as may be required to the said By-law to properly carry out the intent of these recommendations.
Background:
The subject property contains two, one-storey multi-unit buildings of approximately 40 units on the western portion of the property with the easterly portion currently under construction for two, one-storey commercial buildings. Surrounding land uses include: industrial to the north and west; residential, a service station and a small commercial plaza to the south; and, single-family dwellings and commercial uses including a car dealership and vehicle service garages immediately to the east.
Scarborough Community Council considered a Preliminary Evaluation Report on November 12, 1998 involving two rezoning applications for the subject property. This rezoning application is to permit vehicle sales in one unit in the most westerly building on the property. The rezoning application requesting a Vehicle Service Garage use was appealed to the Ontario Municipal Board in February 1999. No hearing date has been set. Community Council, in considering the rezoning applications, requested: the previous reports on similar type of applications along the Sheppard Avenue Industrial Area where planning staff recommended approval and Council refused the applications; and, a history of variances for the property along with Municipal Standards violations and Sign By-law applications. The requested information is briefly summarized and appended to this report along with the previous Ontario Municipal Board decision on minor variance application A48/97 for vehicle sales in Unit 114 and a summary of the previous planning reports for the subject property. After clarification from Councillor Balkissoon on the applications along the Sheppard Avenue Industrial Area, two reports to Committee of Adjustment have been included.
A Community Information Meeting was held on April 29, 1999 on this application with notice given to an expanded area of 198 households. Five residents attended the meeting. Four written responses were received in opposition to the proposed use and are attached. Issues raised include: sufficient auto sales and service uses exist in the area; existing car dealerships along Sheppard Avenue lack Community pride and park vehicles in the street yard; vacuuming noise from another car leasing business at the plaza at Sheppard Avenue and Havenview Road; precedent; cars speeding through the residential areas while being test driven; the tenant being able to sell cars to lessees at the end of the lease without the rezoning; the property is not designed for auto sales; and, the litter created from decorative flags or banners weathering on the property.
The Official Plan designates the subject property Industrial District Commercial and by Numbered Policy 7, General Industrial Uses with High Performance Standards are also permitted. Business District policies also apply providing offices and commercial uses secondary to offices along the Sheppard Avenue frontage. Industrial District Commercial provides for commercial facilities and services to serve the local occupants of an industrial area. General Industrial Uses with High Performance Standards permits all industrial, scientific, technical research and development, training and educational facilities, offices, recreational uses, manufacturing and warehousing uses except those which are noxious. Ancillary retailing to manufacturing, assembling and processing is also permitted. High Performance Standards may include special requirements for: limitation of uses, siting, landscaping areas, parking, external building materials, signs, prohibition or screening of outside and open storage.
The property is zoned Industrial Zone (M) and Industrial District Commercial Zone (MDC). The Industrial Zone permits day nurseries, educational and training facility uses, industrial uses, offices excluding medical and dental offices, places of worship, and recreational uses. Industrial District Commercial Zone permits the proposed vehicle sales operation, however by site specific Exception 61, commercial uses are restricted to: financial institutions, personal service shops, recreational facilities excluding pinball machines and other electronic or manually operated games, restaurants, retail stores, offices, and places of worship. Exception 202 prohibits non-accessory ground signs excluding marketplace signs and prohibits wall signs which are non-accessory.
Comments:
The Vehicle Service and Repair study of the former City of Scarborough established locational criteria for Vehicle Service and Repair uses in General Industrial Uses and Special Industrial Uses designations in the Employment Districts. The study did not consider such uses in existing commercial designations or zones, nor did the study consider locations for Vehicle Sales Operations. The subject property is designated and zoned for both Industrial District Commercial and General Industrial Uses. Vehicle Sales Operations do not conform to the General Industrial designation or zone. Vehicle Sales Operations usually would conform to the Industrial District Commercial designation and zone, but a site specific Zoning By-law exception does not include Vehicle Sales Operations as a permitted use on this property.
One issue raised by the residents relates to the number of vehicle service and sale uses in the area. These existing uses are located within the Industrial Commercial, Industrial District Commercial, and Highway Commercial zones along Sheppard Avenue, between Markham Road and McCowan Road. These zones permit vehicle sales, service and repair uses. By site specific exception, uses can be added or restricted. In terms of Vehicle Sales Operations along the north side of Sheppard Avenue, approximately six vehicle sale operations exist, including four car dealerships. These Vehicle Sales Operation uses are permitted as-of-right. Overall, five properties of the 15 between Markham Road and McCowan Road do not have vehicle related use permissions; two of which are restricted from the use by exception.
Residents' concerns about the vehicle related businesses having a lack of Community pride and about cars speeding through the residential neighbourhood while being test driven are beyond the purview of the Zoning By-law. The issue of dealership vehicles being parked within the public boulevard is an issue that is dealt with by Municipal Standards as is the issue of vacuuming noise. The banners which created a litter problem no longer exist on the subject property.
The issue raised by a resident regarding the tenant being able to sell cars to the lessees without the rezoning was discussed by staff with staff of the Licensing Commission and the Ontario Motor Vehicle Industry Council. Both jurisdictions indicated that in order to sell vehicles, and in particular used vehicles, a license is required that is site specific to the vehicle sales operation. If the sale of vehicles is not permitted, a license can not be issued. The Ministry of Transportation issues business Registration Identification Numbers to repair garages which allow the garages to buy vehicles in bulk to sell.
The proposed use is limited in size and is located on the property where commercial uses are restricted in the Zoning By-law. The proposed use is not considered to be a precedent along Sheppard Avenue. The proposed rezoning is crafted to reduce the appearance of the operation by restricting the proposed use to a single unit, within 20 metres (66 feet) of the street line of Sheppard Avenue, as shown on Figure 2. To ensure that vehicles are not displayed, the proposed rezoning reinstates the landscaping requirements in the General Provisions of the Zoning By-law requiring those lands not covered by building or used for parking to be landscaped and, a minimum 6 metre (20 feet) landscape strip being provided in the street yard. In so doing, the use of parking spaces and the street yard for vehicle storage and display is restricted. The tenant advised that vehicles for sale are advertised in newspapers. Prohibiting signage relating to the sale of vehicles has been included by an exception to the Zoning By-law to minimize the appearance of the sales operation from Sheppard Avenue.
Conclusions:
The vehicle sales operation use in Unit 114 is limited in size. The operation is primarily an office, although vehicle cleaning occurs at the rear of the unit. The vehicle cleaning is not visible from Sheppard Avenue given the configuration of the building. Unlike a car dealership, vehicles are not stored within compounds. Signage advertising the sale of vehicles is proposed to be prohibited. Vehicles for lease arrive from the dealerships for lessee pick-up. Vehicles that are required to be stored are stored at another location within Scarborough, although one or two vehicles may be stored within the unit. The conditions imposed by Committee of Adjustment for the proposed use regarding outside storage and signage fronting Sheppard Avenue, have been incorporated into Zoning By-law performance standards.
The proposed use provides flexibility to the existing leasing business and provides a service to the area. The proposed use is within a multi-unit commercial and industrial building on a major arterial road and is located on the property where commercial uses are permitted on the property. The proposed use is not considered a precedent along this portion of Sheppard Avenue.
Contact Name:
Sylvia Mullaste, Planner
Phone: (416) 396-5244
Fax: (416) 396-4265
E-Mail: mullaste@city.scarborough.on.ca
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Mr. Michael Andrighetti appeared before the Community Council, on behalf of the applicant, and expressed support for the foregoing recommendations.
Insert Table/Map No. 1
Aerial Photo
Insert Table/Map No. 2
Marshalling Yard Employment District Secondary Plan
Insert Table/Map No. 3
Appendix A
Insert Table/Map No. 4
Appendix B
Insert Table/Map No. 5
Appendix B (cont'd)
Insert Table/Map No. 6
Memorandum of Oral Decision
Insert Table/Map No. 7
Memorandum of Oral Decision (cont'd)
Insert Table/Map No. 8
Appendix C
Insert Table/Map No. 9
Appendix C (cont'd)
22
Zoning By-law Amendment Application SZ1999002
Jesk Enterprises Ltd.
South Side of McNicoll Avenue, West of Markham Road
Tapscott Employment District
Ward 18 - Scarborough Malvern
(City Council on July 27, 28, 29 and 30, 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 May 27, 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 July 15, 1999, in accordance with Section 17 and Section 34 of the Planning Act and the regulations thereunder.
The Scarborough Community Council submits the following report (May 27, 1999) from the Director of Community Planning, East District:
Purpose:
This report recommends approval of an application to rezone the property on the south side of McNicoll Avenue, west of Markham Road, from Industrial District Commercial (MDC) to General Industrial (MG) in order to permit a trucking and courier facility consisting of offices, warehouse, servicing garage and diesel fuel pump.
Financial Implications:
None
Recommendations:
It is recommended that City Council amend the Employment Districts Zoning By-law No. 24982, as amended, with respect to the Tapscott Employment District, for the lands located on the south side of McNicoll Avenue west of Markham Road, being Part of Lot 10, Registered Plan M-1773, to delete the existing Industrial District Commercial Zone (MDC) and replace it with a General Industrial Zone (MG) with the following specific provisions:
(A) Permitted Uses:
(1) General Industrial Zone (MG);
(B) Prohibited Uses:
(1) Open Storage;
(C) Performance Standards:
(1) gross floor area of all buildings minus the gross floor area of all basements shall not exceed 0.50 times the area of the lot;
(2) minimum street yard setback 3 metres (10 feet);
(3) minimum rear yard setback 7.5 metres (25 feet); and
(4) minimum side yard setback 3 metres (10 feet).
Background:
The subject lands have been purchased by Jesk Enterprises Ltd. in order to relocate Trans-Ontario Express, a courier and trucking company now at 230 Select Avenue, to a larger site.
The property is .9 hectares (2.3 acres) with 73 metres (240 feet) of frontage on McNicoll Avenue and a depth of approximately 128 metres (420 feet). It is presently vacant.
The development is illustrated on Figure 2. The building will include a two-storey office component, warehouse and servicing garage, for a total gross floor area of 1560 square metres (16,800 square feet). A site plan application has been submitted.
Surrounding land uses include strip mall shopping and restaurant uses to the east and north and various employment uses to the west and north. A major HEPC corridor and a gas pipeline are located to the south.
The subject site is zoned for Industrial District Commercial Uses (MDC), with a very specific list of uses limited to bakeries, book stores, computer stores, drug stores, educational and entertainment facilities, mechanical or automatic car washes, offices, personal service shops, places of entertainment (excluding theatres), places of worship, recreational uses, restaurants, retail stores, vehicle repair garages, vehicle service garages, vehicle sales operations, vehicle service stations. Open Storage is prohibited.
This zoning was implemented in 1993 to facilitate a commercial and entertainment project which did not proceed.
Comments:
With respect to the Official Plan designation, at this location the boundary between the General Industrial Uses and Special District Commercial Uses designation is not well defined. Staff have interpreted the property to be designated General Industrial and have therefore not required the submission of an official plan amendment application. The General Industrial designation provides for the proposed use.
The technical circulation has not identified any issues which cannot be dealt with through the site plan control approval.
Conclusion:
The site is well-located to provide convenient access to the main road grid for this growing use. The project has the potential to create an attractive new building near the front of the property which will contribute positively to the McNicoll Avenue streetscape. The project will generate new employment opportunities and assessment for the City.
Contact Name:
David Beasley, MCIP, RPP
Principal Planner
Phone: (416) 396-7026
Fax: (416) 396-4265
E-Mail: beasley@city.scarborough.on.ca
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Mr. Jim Khawli, Jesk Enterprises Limited, appeared before the Community Council and expressed support for the foregoing recommendations.
Insert Table/Map No. 1
Existing Zoning - File No.: SZ1999002
Insert Table/Map No. 2
Proposed Site Plan - File No.: SZ1999002
23
Other Items Considered by the Community Council
(City Council on July 27, 28, 29 and 30, 1999, received this Clause, for information.)
(a) The Scarborough Community Council reports having observed a minute's silence at the commencement of its meeting in honour of the late Councillor Paul Jones of the City of Indianapolis, and having unanimously adopted the following motion:
"WHEREAS the Scarborough Community Council is deeply saddened to learn of the passing of Councillor Paul Jones of the City of Indianapolis on Saturday, July 10, 1999; and
WHEREAS Councillor Jones was an enthusiastic supporter of the Scarborough-Indianapolis Peace Games over many years; and
WHEREAS Councillor Jones visited Scarborough on a number of occasions and forged lasting friendships among the volunteers and Scarborough Councillors involved in the Peace Games;
NOW THEREFORE BE IT RESOLVED THAT the City Clerk be directed to convey, on behalf of the Members of the Scarborough Community Council, an expression of sincere sympathy to the Jones family, especially his wife Tommie, and his children Paul, Jason and Kimberley."
(b) Traffic Safety Issues
The Scarborough Community Council reports having:
(1) received a briefing by Constable Gerry Dwyer, The Toronto Police Service, Constable Ben Ng, The Ontario Provincial Police, and Constable Chris Moy, The University of Toronto Police, respecting the initiatives undertaken by the Community Traffic Safety Coalition; and
(2) resolved to endorse the Traffic Safety Coalition and support them in their future endeavours.
(c) Food and Beverages in Recreation Uses
The Scarborough Community Council reports having received the following report:
(June 30, 1999) from the East District Manager, Municipal Licensing and Standards, responding to Community Council's request, at its last meeting, that the Manager report on the result of the investigation respecting the Midland Avenue and Weybright Court locations, and recommending that this report be received for information.
(d) Temporary Liquor License Issuance Process
The Scarborough Community Council reports having requested that the East District Manager, Municipal Licensing and Standards, in consultation with the Director of Legislative Services, continue to work towards City Council being advised of the issuance of all Temporary Liquor Licenses by the Alcohol and Gaming Commission and report thereon to the Community Council at its meeting scheduled to be held on Tuesday, September 14, 1999:
(June 29, 1999) from the East District Manager, Municipal Licensing and Standards, responding to Community Council's request, at its last meeting, that the Manager review the process and develop a criteria for assessing Temporary Liquor License applications prior to their issuance.
(e) Preliminary Evaluation Report Zoning By-law Amendment Application SC-Z19990017 VMP Properties Inc., 2085 Lawrence Avenue East Wexford Community Ward 14 - Scarborough Wexford
The Scarborough Community Council reports having approved the following report:
(June 30, 1999) from the Director of Community Planning, East District, recommending that Scarborough Community Council direct the Director of Community Planning (East District) to process the application in the normal manner and convene a Public Meeting to consider this application targeted for the third quarter of 1999, with notice of the Public Meeting to be provided to all properties within 120 metres (400 feet) of the subject property.
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The Community Council received a communication from Mr. Christopher J. Williams, Solicitor for VMP Properties Inc., in support of the foregoing recommendations, 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.
(f) Preliminary Evaluation Report Official Plan Amendment Application SC-P1999010 Zoning By-law Amendment Application SC-Z19990018 Teblie Enterprises Inc., 2899 Eglinton Avenue East Eglinton Community - Ward 15 - Scarborough City Centre
The Scarborough Community Council reports having approved the following report:
(June 28, 1999) from the Director of Community Planning, East District, recommending that Scarborough Community Council direct the Director of Community Planning (East District) to process the application in the normal manner and convene a Public Meeting to consider this application targeted for the fourth quarter of 1999, subject to the resolution of the issues/concerns identified in this report, with notice of the Public Meeting to be provided to all properties within 120 metres (400 feet) of the subject property.
(g) Preliminary Evaluation Report Zoning By-law Amendment Application SC-Z1999006 Michele and Cecila Esposito, 3688 Ellesmere Road Highland Creek Community Ward 16 - Scarborough Highland Creek
The Scarborough Community Council reports having approved the following report:
(June 28, 1999) from the Director of Community Planning, East District, recommending that Scarborough Community Council direct the Director of Community Planning (East District) to process the application in the normal manner and convene a Public Meeting to consider this application targeted for the fall of 1999, with notice of the Public Meeting to be provided to all properties within 120 metres (400 feet) of the subject property.
(h) Preliminary Evaluation Report Zoning By-law Amendment Application SC-Z1999023 Michael and Rosemary Naemsch, 136 Zaph Avenue Highland Creek Community Ward 16 - Scarborough Highland Creek
The Scarborough Community Council reports having approved the following report:
(June 30, 1999) from the Director of Community Planning, East District, recommending that Scarborough Community Council direct the Director of Community Planning (East District) to convene a Public Meeting to consider this application targeted for the third quarter of 1999, with notice of the Public Meeting to be provided to all assessed persons within 120 metres (450 feet) of the subject property and the Highland Creek Community Association.
(i) Preliminary Evaluation Report No. 2 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:
(i) struck out the recommendations of the Director of Community Planning, East District;
(ii) inserted in lieu thereof, the following:
"(1) Planning staff continue discussions over the summer months with the landowners and interested developers regarding future land assembly and redevelopment opportunities for this area; and
(2) report on the discussions with the landowners and interested developers."; and
(iii) referred Recommendation No. (3) back to the Director:
(June 30, 1999) from the Director of Community Planning, East District, recommending that Scarborough Community Council direct the Director of Community Planning (East District) to convene a Public Meeting to consider this application targeted for the fourth quarter of 1999, subject to:
(1) Planning staff continuing discussions over the summer months with the landowners and interested developers regarding future land assembly and redevelopment opportunities for this area;
(2) Planning staff reporting on the discussions with the landowners and interested developers; and
(3) the applicant submitting a Site Plan Control Application for the proposal.
(j) Preliminary Evaluation Report Zoning By-law Amendment Application SZ1999022 Draft Plan of Subdivision ST1999005 Paradise Homes Neilson Limited Lands South-east of Finch Avenue and Neilson Road Malvern Community Ward 18 - Scarborough Malvern
The Scarborough Community Council reports having approved the following report:
(June 29, 1999) from the Director of Community Planning, East District, recommending that Scarborough Community Council direct the Director of Community Planning (East District) to:
(1) process the applications in the normal manner; and
(2) in consultation with the Ward Councillors, schedule a community information meeting to be held in September, 1999, and a Public Meeting in the last quarter of 1999.
(k) Preliminary Evaluation Report Official Plan Amendment Application SP199014 Zoning By-law Amendment Application SZ1999021 Canada Lands Corporation North Side of Mclevin Avenue, East and West of Tapscott Road Malvern Community - Ward 18 - Scarborough Malvern
The Scarborough Community Council reports having approved the following report:
(June 30, 1999) from the Director of Community Planning, East District, recommending that Scarborough Community Council direct the Director of Community Planning (East District) to:
(1) hold a Community Information Meeting, with the notice circulation to be determined in consultation with the Ward Councillors, to include residents, property owners and local businesses;
(2) meet with representatives of the two School Boards to develop a strategy to address the future school capacity needs resulting from this and other development proposals in the Malvern area;
(3) meet with the Ward Councillors and community leaders to identify other community needs which may potentially be addressed through this project;
(4) continue to process the applications in the normal manner; and
(5) target a Public Meeting for late 1999.
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The Community Council received a communication respecting the aforementioned applications from Mr. Ivan Fleischmann, Miller Thomson, Barristers and Solicitors, on behalf of his client, Canada Lands Company, 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.
(l) Site Plan Control Application S98069 Parasco Morrish Inc., 34 Morrish Road Highland Creek Community Ward 16 - Scarborough Highland Creek
The Scarborough Community Council reports having approved the following report and requested that the Director explore the possibility of using part of the adjacent property for townhouses and report thereon to the Community Council meeting scheduled to be held on September 14, 1999:
(June 30, 1999) from the Director of Community Planning, East District, recommending that Scarborough Community Council direct staff to continue to negotiate with the Owner to resolve the issues raised in this report.
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Mr. George Parasco appeared before the Community Council in connection with the foregoing matter and expressed his opposition to the request to explore townhouse uses.
(m) Request for Direction City-initiated Zoning By-law Amendment (SW99004) West Side of Pharmacy Avenue North of Huntingwood Drive East Side of Fairglen Avenue North of Huntingwood Drive Various Owners - L'Amoreaux Community Ward 14 - Scarborough Wexford
The Scarborough Community Council reports having approved the following report:
(June 30, 1999) from the Director of Community Planning, East District, recommending that Community Council direct the Director of Community Planning, East District, to:
(1) initiate an amendment to the Intensity of Use provisions of the zoning by-law to recognize the existing sizes and frontages of the subject parcels;
(2) convene an information meeting with the affected property owners to explain the proposed By-law amendment; and
(3) target the Public Meeting for the September meeting of Scarborough Community Council with Notice to be given within the statutory 120 metre (400) foot circulation area.
(n) New Applications - All Scarborough Wards
The Scarborough Community Council reports having received the following report:
(June 29, 1999) from the Director of Community Planning, East District, advising Community Council of the new applications received during the three-week period ending June 23, 1999; and recommending that this report be received for information.
(o) Site Plan Control Approvals - All Scarborough Wards
The Scarborough Community Council reports having received the following report:
(June 28, 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.
(p) Consent Applications - All Scarborough Wards
The Scarborough Community Council reports having received the following report:
(June 28, 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.
(q) Ontario Municipal Board Hearings - All Scarborough Wards
The Scarborough Community Council reports having received the following report:
(June 29, 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.
(r) Tree Removal at Tam O'Shanter Park
The Scarborough Community Council reports having approved the following report:
(June 22, 1999) from the Commissioner of Economic Development, Culture and Tourism, recommending that, in accordance with City Council's approval of $80,000 in the 1998 Capital Budget for improvement of the mini soccer fields at Tam O'Shanter Park, Urban Forestry staff be directed to remove six trees located within the approved scope of work and plant twelve native trees as replacement.
(s) Delegation of Consent Approval Authority to the Committee of Adjustment (Scarborough)
The Scarborough Community Council reports having received the following communication:
(June 14, 1999) from the City Clerk advising that City Council at its meeting held on June 9, 10 and 11, 1999 adopted, without amendment Clause No. 16 contained in Report No. 8 of the Urban Environment and Development Committee, headed "Delegation of Consent Approval Authority to the Committee of Adjustment (Scarborough)", which recommends the status quo in regard to Consent Approvals, i.e., that the Director of Community Planning, East District, retain approval authority until Council has dealt with the "New Practices" report.
(t) Ontario Hydro Corridor Lands north of Highway 401 Ward 14 - Scarborough Wexford
The Scarborough Community Council reports having:
(1) recommended to the Policy and Finance Committee that an amount of money be committed to purchase park lands north of Highway 401, equivalent to the amount expended in the Terraview-Willowfield community, funding for such purchase to be taken from the Scarborough Parks Reserve Fund; and
(2) received the following joint report (June 1, 1999) from the Commissioner of Economic Development Culture and Tourism and the Commissioner of Works and Emergency Services:
(May 5, 1999) from the City Clerk, advising that the Strategic Policies and Priorities Committee, on May 4, 1999:
(i) referred the recommendations of the Budget Committee embodied in the communication (April 30, 1999) from the City Clerk respecting the acquisition of Ontario Hydro corridor lands to the Scarborough Community Council for review and recommendations thereon, specifically "that the costs associated with the purchase of the lands be no more than the balance in the Beare Road Trust Fund";
(ii) requested the Commissioner of Works and Emergency Services to submit a report to the Scarborough Community Council on how this acquisition fits in with the City's stated objective for pedestrian/bicycle paths in Scarborough, and on whether the funds being requested could be better spent in Scarborough to achieve that objective; and
(iii) requested the Commissioner of Economic Development, Culture and Tourism, in consultation with the Chief Financial Officer and Treasurer, to submit a report to the Scarborough Community Council, on the original intent of the Beare Road landfill reserve.
(June 1, 1999) from the Commissioner of Economic Development Culture and Tourism and the Commissioner of Works and Emergency Services, responding to the aforementioned direction, and submitting for information their report on the acquisition of Scarborough Ontario Hydro corridor lands for pedestrian/bicycle paths and on the origin and status of the Beare Road Ski Facility Trust Fund.
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The following persons appeared before the Community Council in connection with the foregoing matter:
- Theresa Dorgan;
- Dave Wheeler representing Lynda Wheeler, Terraview-Willowfield Residents' Association;
- Elio Baldassarre;
- Lister Tennant;
- John Guzzi;
- Brenda Albuquerque-Boutilier;
- Joan Nicholson;
- Katarzyna Tota;
- Wayne Hall, North Bridlewood Residents' Association;
- Sheryle Saunders, President, North Bridlewood Residents' Association;
- Marika Bandera, Dorset Park Community Ratepayers' Association;
- Elaine Brown;
- Phillip Egginton, Past President, Bridlewood Community Association; and
- Barbara McCarron.
(A photocopy of a 61-signature petition requesting that the City of Toronto purchase all of the Hydro Corridor lands south of Highway 401 for parkland was filed with the Administrator and a copy thereof is on file in the Office of the City Clerk, Scarborough Civic Centre.)
(u) Official Plan Amendment Application SP1998018 Zoning By-law Amendment Application SZ1998036 George and Cindy Samonas, 3291 Kingston Road Scarborough Village Community Ward 13 - Scarborough Bluffs
The Scarborough Community Council reports having rescheduled its Public Meeting under The Planning Act on the aforementioned applications to 7:30 p.m. at its meeting scheduled to be held on September 14, 1999:
(June 4, 1999) from the Director of Community Planning, East District, recommending that City Council amend the Scarborough Village Community Secondary Plan and the Scarborough Village Community Zoning By-law No.10010, as amended, with respect to 3291 Kingston Road, as detailed in the Director's report.
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The following persons appeared before the Community Council in connection with the issue of rescheduling the aforementioned applications:
- Mr. Charles Schwenger, Architect for the project, who concurred in the request embodied in a communication (July 13, 1999) from Ira T. Kagan, Solicitor for the applicant, that in the event of rescheduling, that this be the "one-and-only deferral granted"; and
- Ms. Bonnie Peebles, Scarborough Village South Community Association, in support of rescheduling to an evening meeting, as requested in her communication (undated), co-signed by Mr. Paul Vincent.
The Community Council also had before it communications from:
- Paul & Ingrid Vincent; and
- Helmut Roediger; objecting to the applications; and from
- Vanessa Ganni;
- a resident at 25 Whitecap Boulevard; and
- 34 responses to a questionnaire circulated by Cindy and George Samonas, all in favour of the applications.
(A copy of the aforementioned communications 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.)
(v) Tam Heather Country Club Ward 16 - Scarborough Highland Creek
The Scarborough Community Council reports having directed:
(1) that the Board of Directors of the Tam Heather Country Club be requested to consider amending their By-law Number 1, Section 5, Item 5.2 to include one Member of the Scarborough Community Council, and in the event the Board agrees, that Councillor Moeser be Community Council's representative, subject to City Council's approval thereof; and
(2) that the Commissioner, Economic Development, Culture and Tourism, report to the Community Council on the Board of Directors' response to this request:
(July 7, 1999) from the Commissioner of Economic Development, Culture and Tourism, responding to Community Council's direction at its last meeting, that the Commissioner report to this meeting on the composition of the current Board of Directors of the Tam Heather Country Club and a method of appointing a member of the Scarborough Community Council thereto; and providing options thereon for the consideration of Community Council.
(w) Provision of Portable Barbeques
The Scarborough Community Council reports having received the following report:
(July 7, 1999) from the Commissioner of Economic Development, Culture and Tourism, responding to Community Council's direction at its last meeting, that the Commissioner report on the provision of barbeques to community groups in Scarborough, and recommending that this report be received for information.
(x) Council Vacancy - Ward 16 - Scarborough Highland Creek
The Scarborough Community Council reports having recommended to Administration Committee, the adoption of Option 2 in the report of the City Clerk (June 29, 1999) respecting the filling of the vacancy in Ward 16 - Scarborough Highland Creek, viz:
Option 2 - By-election:
(1) that the vacancy be filled by means of a by-election;
(2) that Council authorize the use of vote-counting machines in the Scarborough Highland Creek by-election to be held September 23, 1999, as indicated in draft Bill No. 1;
(3) that Council authorize advance votes to be conducted as indicated in draft Bill No. 2;
(4) that Council authorize the payment of rebates to persons who make contributions to candidates in this by-election, similar to the provisions in the 1997 municipal elections, and as outlined in draft Bill No. 3;
(5) that the new Councillor when elected, be urged to give first consideration to retaining the current staff;
(6) that the Chief Financial Officer and Treasurer be authorized to transfer the necessary funds from the 1999 Corporate Contingency Account to cover the costs of Option 2; and
(7) that leave be granted to introduce the necessary Bills in Council and the appropriate City Officials be authorized to take the necessary action to give effect thereto:
Recorded vote:
Yeas: Councillors Altobello, Ashton, Balkissoon, Berardinetti, Cho, Duguid, Kelly, Mahood, Moeser, Tzekas - 10
Nays: Nil
Adopted unanimously by the Members present and voting.
(July 8, 1999) from the City Clerk:
(1) advising that City Council, at its meeting held on July 6, 7 and 8, 1999, adopted, without amendment, Recommendations (1) and (4) embodied in the report (June 29, 1999) from the City Clerk; and
(2) referred the balance of the report to the Scarborough Community Council for deputation purposes and report thereon to a special meeting of the Administration Committee to be called by the Chair of the Administration Committee, and subsequently to Council for consideration at its meeting scheduled on July 27, 28 and 29, 1999.
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The following persons appeared before the Community Council in connection with the foregoing matter:
In favour of a by-election:
- David Soknacki;
- Colin McDonald, Curran Hall Community Association;
- Alan Carter;
- Scott Harrison;
- Liz Oliver, West Rouge Community Association;
- Linda Carscadden;
- Dr. Peter Yannopoulos;
- George Pigadas;
- Ken Woolley;
- Leah Overs;
- Stan Roberts; and
- John Kruger.
In favour of an appointment:
- Helen Morton.
The Scarborough Community Council also received written submissions from:
- Peter Chmatil, Curran Hall Community Association;
- Suzi Mudhar;
- George Fowler and six others;
- Roy Martin, Cedar Ridge Neighbourhood Group;
- David Horrox;
- Lee-Anne Kearney;
- Alida Akey;
- Monika Bujalska;
- Jerome Persaud;
- Karen and Bart Boniface;
- The Board of Directors of The West Rouge Community Association;
- Ken Woolley;
- Richard Smart, B.Comm., C.A.;
- Sev and Gloria Puopolo;
- Tony Lamanna;
- Joe Gironda;
- Peter Lamanna;
- Hamish Marshall;
- Ken Pearson, Past President, Seven Oaks Community Association; and
- Margaret Langley.
(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.)
(y) Property Standards Issues at 428 Brownfield Gardens Ward 16 - Scarborough Highland Creek
The Scarborough Community Council reports having received the following report and directed that the East District Manager, Municipal Licensing and Standards, monitor the Property Standards issues at this location over the summer and report thereon to the Community Council meeting scheduled to be held on September 14, 1999:
(July 8, 1999) from the East District Manager, Municipal Licensing and Standards, responding to a request from Councillor Moeser, that a report be submitted to Community Council respecting litter and debris at No. 428 Brownfield Gardens, and recommending that this report be received for information.
(z) Alternative Drainage Options for the Wishing Well Area North of Highway 401, West of Pharmacy Avenue Ward 14 - Scarborough Wexford
The Scarborough Community Council reports having referred the following report to the Manager, Inspection Services, Districts 3 and 4, Water and Wastewater Division, for report thereon to the Community Council:
(July 9, 1999) communication from the Executive Committee of The Toronto and Region Conservation Authority forwarding for the information of Community Council, at the request of Councillor Tzekas, a report respecting a preliminary alternative drainage option proposed by the City of Toronto staff to put stormwater into the Massey Creek from the Wishing Well stormwater management facility.
(aa) The Use of Section 37 Official Plan Amendment Application SP1999005 Zoning By-law Amendment Application SZ1999008 The T. Eaton Company Limited Ward 15 - Scarborough City Centre
The Scarborough Community Council reports having received the following report:
(July 12, 1999) from the Director of Community Planning, East District, responding to Community Council's request at its last meeting, that the Director provide additional information regarding The T. Eaton Company Limited applications, specifically on the appropriate use of Section 37 funds.
Respectfully submitted
BAS BALKISSOON
Chair
Toronto, July 15, 1999.
(Report No.10 of The Scarborough Community Council was adopted, without amendment, by City Council on July 27, 28, 29 and 30, 1999.)