Request for Direction, Ontario Municipal Board Appeal

Zoning By-Law Amendment Application Z97047

Sevendon Holdings Limited, 1900 Eglinton Avenue East

Ward 14 - Scarborough Wexford

The Scarborough Community Council recommends the adoption of the following report (September 28, 1998) from the Director of Community Planning, East District:

Purpose:

This report seeks direction from Council as to the City's position and the City Solicitor's role at a pending Ontario Municipal Board hearing on a current appeal as further detailed below.

Recommendation:

It is recommended that City Council direct the City Solicitor to support the owner's proposed Zoning By-Law Amendment before the Ontario Municipal Board with respect to the above property, subject to the following conditions:

(1)that the owner revise the proposed By-Law Amendment to incorporate a Holding Provision (H) for the 4,645 m² (50,000 square feet) of commercial space which has not been addressed by the supporting Traffic Impact Study;

(2)that the location and implementation of the new public road through the subject property be finalized to the satisfaction of the City prior to the conclusion of the Municipal Board hearing;

(3)that the owner enter into an agreement with the City to pay the appropriate Transportation System Improvement (TSI) Charge, including the dedication of the lands for the new public road, prior to the conclusion of the Municipal Board hearing; and

(4)should any of the above Conditions not be met, that the City Solicitor recommend the proposed By-Law Amendment be revised to incorporate a Holding Provision (H) for the entire 27,870 m² (300,000 square feet) of commercial space requested by the owner.

Background:

This application was submitted to the former City of Scarborough in September, 1997 and is seeking to implement a Mixed Employment Zone (ME) on the subject property providing for up to 27,870m² (300,000 square feet) of commercial uses, including a large food store. The owner subsequently appealed the application to the Ontario Municipal Board, citing Council's lack of decision on this file within 90 days of submission. This appeal was consolidated with the food-related appeals of Official Plan Amendment 965 (OPA 965) and four related Zoning By-Law Amendments which were approved by Council at the conclusion of the Golden Mile Land Use Review.

The Municipal Board hearing for all these matters is scheduled to commence on November 9, 1998. This report is being brought forward at this time to provide the City Solicitor with the City's formal position on this appeal and direction for his role at this hearing.

The property was developed with a 31,175 m² (335,600 square foot) former industrial building which is presently utilized as the head office and warehousing facilities of Knob Hill Farms, as well as a wholesale cash-and-carry operation. While a Site Plan Control application was not submitted, the owner filed a preliminary Concept Plan as illustrated on Figure 2. This Concept Plan proposes to convert 9,290 m² (100,000 square feet) of the existing building to a Knob Hill Farms supermarket and to develop two additional buildings with 13,700 m² (147,500 square feet) of retail space.

This Concept Plan lead to some uncertainty regarding the By-Law Amendment filed by the owner at the Municipal Board given that the existing building is larger than the amount of space requested under the proposed Mixed Employment zoning. The owner has recently amended the proposed By-Law, and the application filed with the City, to request a total of 49,760 m² (535,600 square feet) of Mixed Employment uses, with the permitted commercial uses restricted to a total of 27,870 m² (300,000 square feet) of space.

The Concept Plan proposes to develop a new north-south public road through the property connecting Eglinton Avenue and Ashtonbee Road. The southern portion of this road, running from Comstock Road to Eglinton Avenue, and the signalized intersection at Eglinton Avenue are now operational. This new road is the key component of the package of transportation system improvements required to support additional commercial land uses throughout the Golden Mile.

Scarborough Council also instituted a Transportation System Improvement (TSI) Charge in the Golden Mile for all rezoning applications seeking to implement the new commercial uses provided for through OPA 965. This charge ensures that the necessary capital improvements are adequately provided by the appropriate owners/applicants and equitably financed by all benefiting parties. This charge applies to the current application.

Scarborough Community Council considered a Preliminary Evaluation Report regarding the subject application on February 18, 1998. Community Council directed that staff convene a Public Meeting to consider the application, subject to two conditions:

(1)that staff conclude the review of the supporting Traffic Impact Study and finalize the location and implementation of the new north-south road and other site access arrangements; and

(2)that the applicant submit a Site Plan Control application for the proposal for consideration by Community Council at the same time as the By-Law Amendment application.

Comments:

(1)A Public Meeting to consider this application, with a subsequent approval of a By-Law Amendment by Council, has not been convened as the above conditions have not been met to date. Staff from the Community Planning Division are of the opinion that, in this instance, the appropriate and efficient mechanism to have Council's position considered by the Municipal Board lies in the City supporting the owner's proposed By-Law Amendment presently before the Board. Staff from the City's Legal Division concur with this opinion.

(2)The Traffic Impact Study submitted in support of the application concludes that the traffic generated by a 9,290 m² (100,000 square foot) Knob Hill Farms supermarket, the existing office, warehousing and cash-and-carry functions and 13,935 m² (150,000 square feet) of additional commercial space can be accommodated on the subject property with the expanded transportation system identified through the Golden Mile Land Use Review. Staff from the Transportation Planning Division have reviewed this report and concur with this conclusion.

The report, however, does not address the remaining 4,645 m² (50,000 square feet) of commercial uses requested in the revised application. A technique is available to support the additional commercial zoning in the absence of appropriate supporting documentation. The By-Law before the Municipal Board can be further revised to contain a Holding Provision (H) which may subsequently be removed upon the owner demonstrating the availability of sufficient transportation and/or servicing improvements necessary to accommodate the additional space.

(3)The owner has declined to undertake the expense associated with the submission of a formal Site Plan Control application until such time as the permission for food uses in the Golden Mile has been resolved at the Municipal Board. Notwithstanding this, staff are of the opinion that it is appropriate for Council to provide the City Solicitor with the City's position on the proposed zoning prior to November 9, 1998.

(4)The location and implementation of the new public road through the subject property has yet to be finalized. Staff have been advised, however, that drawings illustrating this will be submitted for the City's approval in the near future. The City's support of the By-Law before the Municipal Board should therefore be conditional upon these plans being finalized to the satisfaction of the City prior to the conclusion of the Board hearing.

(5)As noted previously, the Golden Mile TSI Charge applies to any rezoning of the subject lands for commercial uses. The City's support of the By-Law before the Municipal Board should therefore be conditional upon the owner entering into an agreement with the City to pay the appropriate TSI Charge, including the dedication of the lands for the new public road, prior to the conclusion of the Board hearing.

Contact Name:

Neil Cresswell, MCIP, RPP

Scarborough Civic Centre

Telephone: (416) 396-4927

Fax: (416) 396-4265

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