June 22, 1998

 To:Scarborough Community Council

 From:Lorne Ross, MCIP, RPP.

Commissioner of Planning and Buildings

 Subject:Zoning By-law Amendment Application Z95032

Aspen Ridge Homes (Markham Gardens) Inc.

South of Sheppard Avenue, east of Markham Road

Blocks 2 and 3, Registered Plan 66M-2300

Malvern Community

Scarborough Malvern

 Purpose:

 This report presents recommendations to amend the Malvern Community Zoning By-law and the Malvern East Agricultural Holding Zoning By-law as they pertain to two blocks of land located within the south-east quadrant of Markham Road and Sheppard Avenue, as shown on the adjacent map. The proposed rezoning would permit 326 apartment units and 2,323 square metres (25,000 square feet) of commercial uses on Block 2 and 417 apartment units on Block 3, in accordance with the Official Plan policies for these lands.

 Recommendations:

 It is recommended that City Council repeal the Malvern East Agricultural Holding Zoning By-law No. 13219, as amended, and incorporate Blocks 2 and 3, Registered Plan 66M-2300, in the Malvern Community Zoning By-law No. 14402, as amended, and zone them as follows:

(A)Block 2:

 (1)Permitted uses: Apartment Residential (A) Zone and Neighbourhood Commercial (NC) including retail stores, personal service shops, financial institutions, business and professional offices;

 (2)Development Standards:

 (2.1)maximum 326 dwelling units;

 (2.2)minimum 3 metre (10 foot) building setback from the streetlines; canopies and supporting columns may be erected to the street line;

 (2.3)maximum 2,323 square metres (25,000 square feet) of gross floor area for commercial uses;

 (2.4)parking to be provided on the following basis:

 (a)prior to the operation of the SRT to Sheppard Avenue:

 -minimum 1.4 parking spaces per dwelling unit to be provided on the basis of 1.2 spaces per unit for residents and 0.2 spaces per unit for visitors;

 -Minimum 3 parking spaces per 100 square metres (1,076 square feet) of gross floor area for other uses;

 (b)when the SRT is in operation to Sheppard Avenue:

 -minimum 1.2 parking spaces per dwelling unit on the basis of 1space for residents and 0.2 for visitors;

 -minimum 1 parking space per 100 square metres (1,076 square feet) of gross floor area for other uses;

 (2.5)maximum height 16 storeys (excluding mechanical penthouses);

 (2.6)minimum of 1 square metre (10.76 square feet) enclosed recreation space to be provided for each dwelling unit;

(2.7)parking for the Scarborough Community Complex may be provided;

 (2.8)general zoning by-law provisions with respect to coverage and building height shall not apply;

 (2.9)all provisions of this By-law shall apply collectively to the site notwithstanding its future division into two or more parcels;

 (B)Block 3:

 (1)Permitted uses: Apartment Residential (A) Zone;

 (2)Development Standards:

 (2.1)maximum 417 dwelling units;

 (2.2)minimum 3 metre (10 foot) building setback from the streetlines;

 (2.3)parking to be provided on the following basis:

 (a)prior to the operation of the SRT to Sheppard Avenue:

 -minimum 1.4 parking spaces per dwelling unit to be provided on the basis of 1.2 spaces per unit for residents and 0.2 spaces per unit for visitors;

 (b)when the SRT is in operation to Sheppard Avenue:

 -Minimum 1.2 parking spaces per dwelling unit on the basis of 1 space for residents and 0.2 for visitors;

 (2.4)maximum height 12 storeys (excluding mechanical penthouses) within 30 metres (100 feet) of the streetline of Markham Road and 16 storeys (excluding mechanical penthouses) on the balance of the block;

 (2.5)minimum of 1 square metre (10.76 square feet) enclosed recreation space to be provided for each dwelling unit;

 (2.6)general zoning by-law provisions with respect to coverage and building height shall not apply;

 (2.7)all provisions of this By-law shall apply collectively to the site notwithstanding its future division into two or more parcels; and

(C)Miscellaneous:

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

 Background:

 The subject lands are the two remaining blocks within the Aspen Ridge subdivision that have not been rezoned to implement the Official Plan Amendment approved by the Ontario Municipal Board in 1994. These lands are designated High Density Residential, at a net density of 150 apartment and townhouse units per hectare (60 units per acre) to a maximum of 1600 zoned residential units. Limited commercial uses are also permitted in this designation.

 To date, Blocks 1, 4, 5 and 6 have been rezoned permitting 857 residential units. With the addition of the proposed 743 apartments on Blocks 2 and 3, the number of zoned residential units in the subdivision will total 1600.

 Aspen Ridge Homes Inc. started development of the subdivision with the construction of a 154 unit townhouse condominium at the north-west corner of Progress and Milner Avenues. These units are now occupied. Also, an additional 146 townhouses are now under construction on the west side of Progress Avenue, between Rosebank Drive and Orchid Place Drive. In addition, a site plan control application to permit 154 townhouses on the east side of Markham Road, north of Milner Avenue, is under review by City staff. Lands along the east side of Progress Avenue have been developed for a public park and for the Scarborough Community Complex which is nearing completion. Lands along the west side of Markham Road and the north side of Sheppard Avenue have been developed with apartment buildings ranging from 4 to 13 storeys, with the north-west corner of Sheppard Avenue and Malvern Street occupied by a commercial plaza. Two service stations occupy the south-east corner of Markham Road and Sheppard Avenue, and the north-east corner of Markham Road and Milner Avenue.

 In support of the rezoning request, the owner has submitted a Site Plan Control application to illustrate how the proposed development is to be accommodated on these two sites.

 The recommendations in the Preliminary Evaluation Report, adopted by Council on June 6, 1995 requested the applicant to submit sun/shadow and wind impact studies, detailed site and landscape plans with special attention to be given to the provision of facilities and the landscape treatment on Block 2. Council also directed staff to process the submitted applications in the normal manner and convene a community information meeting in June, 1995.

 Over 3000 households and businesses as well as the local community associations, were notified of the community meeting which was held on June 27, 1995. The meeting was attended by approximately 18 residents, the Ward Councillor, the applicant, the project architect and planning staff. Building heights and traffic impact were the two main issues voiced by the speakers. At the Councillor's suggestion, another community information meeting was hosted by staff on November 8, 1995 to specifically consider transportation issues related to the proposal. Seven residents and business representatives attended the meeting. Both the traffic consultant and the project architect made presentations. At the request of the attendees, all present at the meeting were subsequently forwarded an updated traffic study addendum.

 Comments:

1.The 326 apartments on Block 2 ( Figures 3 and 6 ) are to be accommodated in three buildings, of 10 storeys, 14 storeys and 16 storeys, with 2,323 m² (25,000 square feet) of retail commercial occupying the ground level. The one storey podium structure will link the residential towers to form an integrated development. All parking, servicing and loading facilities will be accommodated internally within the development, either underground or within the podium structure. The proposed landscape treatment focuses on an outdoor public court at the corner of Progress and Sheppard Avenues, a design which mirrors the landscape approach on the opposite corner, at the Scarborough Community Complex. In addition, a roof garden on top of the commercial space will provide an outdoor amenity area for the enjoyment of the residents.

 Block 3 ( Figures 4 and 7 ) will be developed with three buildings, two of which will be 12 storeys high with the third one being 16 storeys high. A one storey recreation centre connecting two of the three residential towers, will provide for a continuous building edge along the Markham Road frontage of the property.

 The proposed building heights are the result of careful design consideration taking into account the existing community fabric, the residents' concerns, the applicant's development program for both sites and the Official Plan site specific policies permitting a 12 storey height limit within 30 metres (100 feet ) of Markham Road and 18 storeys on the balance of the land.

 Staff are continuing discussions with the project architect with respect to the site plan details and building elevations, including the design of the roof top equipment screening, to achieve an attractive streetscape consistent with the evolving character of the area.

 2.The application was circulated to various agencies, none which expressed opposition to the proposed amendment. A number of improvements related to transportation, servicing, the provision of parkland, schools and other amenities, were addressed through the subdivision approval process covering the subject lands. Statutory Public Notice has been provided to all assessed persons within 120 metres (400 feet ) of the subject properties, as well as all individuals who requested in writing to be notified of further meetings to consider the application.

3.The transportation impact study prepared in 1992 for the Ontario Municipal Board hearing supported the provision of 1950 residential units and 7,432 m² ( 80,000 square feet) of retail uses. The Official Plan, modified in 1995, provides for a maximum of 1600 residential units and 4,642 m² ( 50,000 square feet) of commercial uses. Of this total, 357 apartments and 2,322.5 m² (25,000 square feet) of retail, as well as offices, will be located on Block 1 which is owned by the City. This zoning permission is subject to the holding provision requiring further studies to review, among other matters, the transportation needs required for the development of this block. The updated traffic impact study prepared in 1995 for the current applications, took into account the revised development scenario and incorporated traffic projections for the Scarborough Community Complex. The study concludes that the new subdivision street network and other road improvements in the area that have already been implemented, are sufficient to accommodate traffic based on the proposed total development within the subdivision. It should be pointed out that the recently completed Progress Avenue extension and overpass across Highway 401 as well as the widening of Highway 401, have substantially increased traffic capacity in the area.

 Pursuant to an agreement signed by the City, the Chinese Cultural Centre of Greater Toronto and Aspen Ridge Homes, Aspen Ridge is proposing to provide approximately 60 parking spaces on Block 2 for the use of the patrons of the Scarborough Community Complex.

 4.In response to Council's direction, the applicant has submitted an Environmental Studies report prepared by F.H. Theakson Environmental Control Inc., which analysed the impact of sun and wind on the development.

 The sun study concludes that in view of existing conditions, with a relatively large portion of the surrounding land occupied by retail buildings and the related parking areas, and given the width of the abutting arterial roads, the shadows cast by the proposed buildings will not detrimentally impact on the present quality of the residential areas in the vicinity. In March and September, when shadows are of average length, the new buildings will cast a shadow in the morning on the lower floors of the apartment buildings to the west of Markham Road and to the north of Sheppard Avenue. By mid morning, the shadow line will clear the residential area, and in the afternoon, it will reach the Scarborough Community Complex and the westerly portion of the townhouses on Block 5. During summer months when the use of the outdoor space is the greatest, the shadow casts are reduced and practically do not affect residential areas outside the subdivision. In December, morning shadows cast by the Block 2 development will affect the area to the north of Sheppard Avenue. Staff have reviewed the study and have agreed with the consultant's assessment that the future buildings will not unreasonably affect the existing neighbouring community.

 The thrust of the wind study was to analyse the wind velocities and paths that will be created by the new buildings and propose any necessary mitigation measures necessary to achieve a comfortable pedestrian environment within the private and public pedestrian areas adjacent to the proposed development. As long as Block 1 remains vacant, the prevailing westerly and the north-westerly winds will create negative conditions in the vicinity of the buildings. To achieve desirable comfort levels, the architect has introduced a number of design changes such as the continuous canopy along the north and east building walls on Sheppard and Progress Avenues, large canopies over the entrances to all buildings. In addition, large coniferous planting is proposed on Block 1 which requires the City's approval. The proposal is currently under consideration by the Real Estate Division. From a planning perspective, the proposed landscape solution is acceptable. In view of the financial constraints, it is unlikely that the City will proceed with the SRT extension and the complimentary mixed use development on Block 1 in the near future. Any substantial development on this land would change the wind impact on the subject land, and further wind studies would have to be undertaken with respect to the potential development on the City block.

5.The Scarborough Board of Education has expressed a concern that pupils emanating from this development cannot be accommodated without additional portable classrooms at Burrows Hall Junior Public School, Lucy Maud Montgomery Public School and Lester B. Pearson. This concern reflects the Board's uncertainty with respect to its ability to finance future improvements to the existing school infrastructure. With gradual residential development over a longer period of time than it had been originally anticipated, it is possible that the new students may be accommodated in the local school without additional portables. It should also be pointed out that the proposed apartments are generally smaller than traditional low scale subdivision housing, which could be attractive to adult life style accommodation.

 The local school, Burrows Hall J.P. School, is conveniently located within walking distance of the development. As requested by the Board, a pedestrian walkway has been installed through the recently developed park to allow direct and safe access from the subdivision.

 Although no comments have been received from the Toronto Catholic District School Board, the Board acquired a 1 ha ( 2.5 acres) block of land on the east of Progress Avenue within the Aspen Ridge subdivision to accommodate the needs of future pupils. At the present time, the Board has no plans for the construction of this new facility, therefore students will be accommodated in the existing local catholic schools.

 Conclusion:

 The requested zoning by-law amendment would permit these lands to develop in accordance with the applicable Official Plan policies and support the City's objective for intensification in the vicinity of the proposed Scarborough Rapid Transit Extension station. The adjacent park with the Scarborough Community Complex will provide recreational amenities for the future residents. In addition, enclosed recreation space will be provided on the basis of 1m² (10.76 square feet) per apartment unit. The recommended development standards are consistent with the zoning provisions approved for other residential blocks within the subdivision.

Contact Name:

 Anna Czajkowski, Senior Planner

Phone: (416) 396-7022

Fax: (416) 396-4265

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

Lorne Ross, MCIP, RPP.

Commissioner of Planning and Buildings