June 18, 1998

 To:Scarborough Community Council

 From:Lorne Ross, MCIP, RPP

Commissioner of Planning and Buildings

 Subject:ZONING BY-LAW AMENDMENT APPLICATION Z97017

First Warden Shopping Centres Ltd.

800 Warden Avenue

Part of Lot C, Registered Plan 3928

Golden Mile Employment District

Scarborough Bluffs

 Purpose:

 The subject property was formerly owned by Sears Canada and is currently being developed with a Wal-Mart retail store. The lands are presently zoned "Office Uses Zone - Holding" (OU - H), permitting 31,560 square metres (339,700 square feet) of office uses and 12,100 square metres (130,000 square feet) of commercial uses to be developed. A further 18,000 square metres (194,000 square feet) of office uses and 13,025 square metres (140,200 square feet) of commercial uses are subject to removal of the H.

 The application is seeking to remove the Holding Provision (H) from the Zoning By-Law as it applies to the permission for the additional commercial space. If approved, this will permit the property to be developed with 25,125 square metres (270,500 square feet) of retail, restaurant, financial institution and service uses.

 Recommendations:

 It is recommended that Council:

 (1)amend the Employment Districts Zoning By-Law No. 24982 (Golden Mile) to partially remove the Holding Provision (H) from the zoning for the property on the west side of Warden Avenue, south of Eglinton Avenue, known municipally as 800 Warden Avenue, increasing the commercial permission from 12,100 square metres (130,000 square feet) to 25,125 square metres (270,500 square feet) under the existing Office Uses Zone (OU); and

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

 Background:

 As part of the Golden Mile Land Use Review, the lands were rezoned in June, 1996 to delete a number of Performance Standards which hindered the potential redevelopment of the property. However, as no transportation or servicing information was supplied by Sears, Scarborough Council implemented a Holding Provision (H) in the By-Law for the property. In June of 1997, Scarborough Council further amended the By-Law partially removing the H to increase the commercial permission on the site from 7,435 square metres (80,000 square feet) to its present 12,100 square metres (130,000 square feet).

 Scarborough Council also instituted a Transportation System Improvement (TSI) Charge in June 1997 for all rezoning applications in the Golden Mile seeking to implement the new commercial uses provided for through the land use review. This charge ensures that the necessary capital improvements are adequately provided by the appropriate owners/applicants and equitably financed by all benefiting parties. In September of 1997, Sears Canada entered into and registered on title an agreement to pay the TSI Charge, and this agreement was assumed by First Warden Shopping Centres upon the purchase of this property.

 A Site Plan Control Application has been entered into and registered on title for the first phase redevelopment of the property. An 11,920 square metre (128,300 square foot) Wal-Mart retail store is presently under construction and is anticipated to be open in August. As conditions of approval, the applicant is providing a new signalized intersection on Warden Avenue and will register an easement on title providing continuous public access between Warden Avenue and Lebovic Avenue; the new public street under construction on the westerly property line of the site. The attached Figure 1 illustrates the location of this new road and the recent development applications in the Golden Mile.

 The current application is not seeking to remove the Holding Provision (H) on the remaining office uses permission. Should the applicant wish to remove this Holding Provision in future, an additional rezoning application to City Council would be required.

 Conclusion:

 With the TSI Charge agreement in place, and the provision of the signalized intersection on Warden Avenue and the full opening of Lebovic Avenue between Eglinton Avenue and Comstock Road expected to occur shortly, City Council can be satisfied as to the availability of appropriate improvements and/or funds to provide the transportation system capacity necessary to accommodate the level of commercial uses permitted in the By-Law. No other servicing concerns were identified through the technical review of the application.

 Contact Name:

 Neil Cresswell, MCIP, RPP

Senior Planner

(416) 396-4927

(416) 396-4265 Fax

Cresswel@city.scarborough.on.ca

Lorne Ross, MCIP, RPP

Commissioner of Planning and Buildings