September 7, 1999

To:Scarborough Community Council

From:Ted Tyndorf

Director of Community Planning, East District

Subject:Zoning By-law Amendment Application SC-Z19990015

546958 Ontario Limited (King-City Corp.)

4711 Steeles Avenue East

Part of Lot 27, Concession 5

Milliken Employment District

Scarborough Agincourt

Purpose:

This report recommends approval of an application to amend the Zoning By-law for the property at 4711 Steeles Avenue East, which also has frontage on the west side of Silver Star Boulevard, to permit redevelopment of the site with retail and restaurant uses.

Financial Implications:

None at this time.

Recommendations:

It is recommended that City Council:

(A)amend the Employment Districts Zoning By-law No. 24982 (Milliken), as amended, with respect to Part of Lot 27, Concession 5, known municipally as 4711 Steeles Avenue East, by deleting the current zoning and replacing it with "Mixed Employment" (ME) and "Mixed Employment - Holding" (ME-H) zoning with the following Performance Standards:

(i)gross floor area of all buildings shall not exceed 7,270 square metres (78,250 square feet);

(ii)gross floor area of all restaurants shall not exceed 929 square metres (10,000 square feet);

(iii)minimum street yard building setback of 3 metres (10 feet);

(iv)minimum side yard building setback of 3 metres (10 feet);

(v)minimum rear yard building setback of 3 metres (10 feet); and,

(vi)the provisions of this By-law shall apply collectively to this land, notwithstanding its future division into two or more parcels;

(B)apply the Holding Provision (H) to that portion of the subject site identified as being potentially necessary to enable the City to construct a Steeles Avenue/CN Rail grade separation in future, and providing that prior to the removal of the Holding Provision (H) from the zoning, only landscaping and parking uses shall be permitted;

(C)direct that the Holding Provision (H) used in conjunction with the Mixed Employment (ME) zone shall be removed in whole or in part by amending By-law when Council is satisfied that the lands are no longer required for temporary use or permanent acquisition by the City; and

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

Background:

546958 Ontario Limited is proposing to redevelop the 3 hectare (7.5 acre) former Nelson Aggregates site with 7,268 square metres (78,236 square feet) of commercial space in four single-storey buildings, which includes a maximum of 929 square metres (10,000 square feet) of restaurant space, with the remainder intended for retail uses, as follows:

(1)a 2,369 square metre (25,500 square foot) building "A" across the south end of the site, to contain a Business Depot store;

(2) a 3,300 square metre (35,522 square foot) building "B" running along the west side of the site adjacent to the CNR line, which includes retail uses and a 446 square metre (4,800 square foot) restaurant;

(3)a 1,116 square metre (12,013 square foot) retail building "C" on the north-west portion of the site adjacent to Steeles; and,

(4)a 483 square metre (5,200 square foot) restaurant building "D" on the north-east portion of the site adjacent to Steeles.

A total of 512 parking spaces would be provided, which is well in excess of the minimum by-law requirement of 290 spaces. The requested density and site coverage is 24 percent of the lot area.

The overall development concept under Site Plan Control application SC-S19990045 is shown generally on the enclosed figures. The overall scale of the development has been reduced substantially by the owner from the original application, which proposed 10,027 square metres (107,933 square feet) of development, including 2,162 square metres (23,270 square feet) of restaurants.

The owner, King-Century Corporation, is also redeveloping the larger former Lafarge lands immediately to the east with approximately 15,050 square metres (162,000 square feet) of similar commercial development.

On May 26, 1999, Scarborough Community Council considered and approved the staff Preliminary Evaluation Report which recommended normal processing of this application. The Committee's direction also included requirements that the owner submit traffic and parking impact and stormwater management reports, as well as consent applications to address any mutual easement requirements for parking and circulation purposes to be shared with the adjacent King-Century block at the south-west corner of Steeles and Silver Star. In addition, the Committee required the reduction of proposed restaurant space to the 929 square meters (10,000 square feet) now proposed.

The subject lands are designated Special District Commercial, with an additional permission for Vehicle Service Uses. These were applied in 1997 to that portion of Milliken Employment District north of Passmore Avenue as a result of commercial reviews initiated by the former City of Scarborough in response to the development applications on the larger Lafarge property. The current application would comply with the intentions of the former municipality to diversify business and employment opportunities in this portion of the District.

Comments:

The applicant advises that the owner has secured a tenant for building "A" in Business Depot, and that a further tenant has been identified for building "C". The Public Meeting in this regard has been scheduled for this agenda at the applicant's express request, given his client's due diligence obligations to these prospective tenants.

No concerns with respect to the rezoning application itself have been raised by the commenting agencies, however a variety of site plan details continue to be discussed. As per Community Council's direction, traffic, parking and site servicing reports have been submitted by the applicant. The current proposal is for all vehicle traffic to access the site via Silver Star Boulevard, which has been designed for this purpose. The site will be amply supplied with parking, however the details of the parking arrangements are still being discussed. Accordingly, the applicant has not yet filed the necessary consent applications to create specific mutual easements between the subject and abutting lands. Planning staff recommend that this is a matter that can be dealt with adequately through further refinement of the site plan and which should not further delay implementation of new zoning on the site.

The construction of the Silver Star extension to Steeles Avenue was completed a few months ago. Works and Environmental Services staff advise that the design of the new road, including all underground servicing facilities (storm and sanitary) fully take into account the anticipated future development of the subject site. Additional site stormwater management detail will flow from further refinement of the site plan which also should not further delay implementation of new zoning on the site.

The most significant issue with this site involves the potential impact from a future grade separation of Steeles Avenue and the CN rail line running adjacent to the west side of the property. The City, some years ago, completed an Environmental Assessment for a Steeles overpass of the rail line, which has been approved by the Province, although there is no capital program yet in place. The possibility of such a grade separation is one key reason why Silver Star now jogs through the Lafarge site to line up with the Steeles intersection with Old Kennedy Road in Markham. Such an overpass would preclude direct site access from Steeles, and this is reflected in the current site plan.

More recently, Council has directed Works and Emergency Services staff to prepare an addendum to the Environmental Assessment that considers the alternative of Steeles Avenue going under the rail line as an underpass. Work in this regard, while well advanced, is not yet complete. It is apparent, however, that the underpass option would impact the subject site significantly. Additional lands for a widening of Steeles Avenue would be necessary to accommodate working easements and buried services, beyond those otherwise required for a simple widening of the Steeles road allowance without a grade separation.

Similarly, it would be necessary to realign the CN rail line onto the subject site temporarily to enable construction of a new bridge over the depressed Steeles roadway. A temporary realignment to the west is not possible given the existence of a Canadian Tire store. The realignment can potentially also be done more conveniently on the subject site using remnant rail beds for spur lines previously serving Nelson Aggregates. The extent of the City's potential land requirements in this regard is indicated on the attached site plan.

It is evident that the City's land requirements would significantly impact portions of buildings "B" and "C". The owner has expressed strong concern that the length of the Environmental Assessment process and uncertainty as to when, if ever, a grade separation might proceed, effectively sterilizes this portion of the site from development, which would have severe financial repercussions.

Planning staff understand the owner's concern, and certainly the City is not yet in a position to conclude the necessary land takings and related compensation negotiations. Staff feel, however, that ample opportunity exists to redesign the project such that any lands required by the City in future can be kept clear of buildings. The lands required can continue to be used for parking or landscaping and, when required by the City, would not create a parking non-conformity given the substantial oversupply being proposed by the owner. Application of a Holding Provision (H) is recommended at this time to ensure this portion of the site remains clear of buildings. Staff will continue to pursue options for redesign of the current proposal with the owner through the Site Plan Control process.

Conclusions:

The proposed rezoning implements the City's 1997 vision for enhanced mixed employment opportunity in this portion of Milliken Employment District, and would result in development which will be similar to and very compatible with that now commencing on the adjacent Lafarge lands. This is a prominent site on the northern edge of the new City and will assist local business to establish, expand and compete with our northern neighbour, with attendant employment and assessment benefits. On this basis, the application is recommended for approval.

Contact Name:

Rod Hines, Principal Planner

Scarborough Civic Centre

Telephone: (416) 396-7020

Fax: (416) 396-4265

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

Ted Tyndorf, MCIP, RPP

Director of Community Planning, East District