Upcoming Ontario Municipal Board Hearing

Ontario Hydro and Norstar Development Corporation

Corridor Lands South of Highway 401

Scarborough Wexford and Scarborough City Centre

The Scarborough Community Council recommends the adoption of the following report (January 14, 1999) from the Director of Community Planning, East District, subject to the following amendments:

(1)that Recommendation No. (3) be struck out and the balance of the recommendations renumbered accordingly;

(2)that Recommendation No. (4) be amended to read, as follows:

"(4)instruct the City Solicitor to support single family homes and an increase in the lot depths to 38 metres (125 feet);";

(3)that Recommendation No. (6) be amended to read, as follows:

"(6)instruct the City Solicitor and staff to seek a Low Density Residential designation of the Norstar lands permitting single family detached homes only;";

(4)that the following recommendations be added:

"(9)in the event that the acquisition of priority 1 lands, identified in the report from XCG Consultants Ltd., as approved by City Council at its meeting held on November 25, 26 and 27, 1998, is not finalized, that staff be directed to commence expropriation proceedings to acquire these lands for municipal purposes; and

(10)authorize staff to negotiate the purchase of priority 2 and 3 lands, identified in the report from XCG Consultants Ltd., between west of Warden Avenue and south of Highway No. 401;";

so that the recommendations shall now read, as follows:

"It is recommended that City Council:

(1)instruct the City Solicitor, in the absence of an agreement for the City's acquisition of the former Ontario Hydro corridor prior to the upcoming hearing, to submit the City's case as set out in the following recommendations and as detailed in the report of the Director of Community Planning, East District, dated January 14, 1999;

(2)instruct the City Solicitor and staff to seek Ontario Municipal Board approval for the alternate plans of subdivision as described in the report of the Director of Community Planning, East District dated January 14, 1999, and illustrated as Figures 1A, 2A and 3A;

(3)instruct the City Solicitor to support single family homes and an increase in the lot depths to 38 metres (125 feet);

(4)instruct the City Solicitor to request that the Ontario Municipal Board defer any final approval for development on Blocks 1 to 5 inclusive shown on Figure 2, and Lots 1 to 4 inclusive, 10 and 11 shown on Figure 3 in the report of the Director of Community Planning, East District dated January 14, 1999, until the applicant has adequately addressed the flood line issues to the satisfaction of the Commissioner of Works and Emergency Services and the Toronto and Region Conservation Authority;

(5)instruct the City Solicitor and staff to seek a Low Density Residential designation of the Norstar lands permitting single family detached homes only;

(6)authorize the City Solicitor and appropriate staff to negotiate a cost sharing arrangement with Norstar to oversize the new sanitary sewer in Dorset Park, subject to approval of the development by the Ontario Municipal Board, and to report further to the Works and Utilities Committee in this regard;

(7) support the Toronto and Region Conservation Authority recommendation that cash-in-lieu of on-site stormwater quality enhancement measures be taken for use at the Terraview Willowfield Concept Site;

(8)instruct the Commissioner, Urban Planning and Development Services to initiate an Official Plan amendment to extend the Environmental Impact Zone to the floodplain of the Dorset Park Tributary in all affected communities and employment districts;

(9)in the event that the acquisition of priority 1 lands, identified in the report from XCG Consultants Ltd., as approved by City Council at its meeting held on November 25, 26 and 27, 1998, is not finalized, that staff be directed to commence expropriation proceedings to acquire these lands for municipal purposes; and

(10)authorize staff to negotiate the purchase of priority 2 and 3 lands, identified in the report from XCG Consultants Ltd., between west of Warden Avenue and south of Highway No. 401."

Recorded Votes:

Upon the question of the adoption of staff Recommendation No. (3):

Yeas:Nil

Nays:Councillors Altobello, Ashton, Balkissoon, Berardinetti, Cho, Duguid, Faubert, Mahood, Moeser, Shaw, Tzekas - 11

Recommendation No. (3) was therefore struck out.

Upon the question of the adoption of the Recommendations, as amended:

Yeas:Councillors Altobello, Ashton, Balkissoon, Berardinetti, Cho, Duguid, Faubert, Mahood, Moeser, Shaw, Tzekas - 11

Nays:Nil

The Scarborough Community Council reports having directed:

(1)that the City Solicitor be requested to report directly to City Council on February 2, 1999, as to the status of the negotiations currently underway, including the steps required for expropriation; and

(2)that the City Solicitor and staff of the Real Estate Division brief the Scarborough Community Council, in camera, at its meeting scheduled to be held on February 17, 1999, as to the status of the Ontario Hydro, Graywood and Norstar applications.

The Scarborough Community Council submits the following report (January 14, 1999) from the Director of Community Planning, East District:

Purpose:

The report recommends a City planning position to be taken for the upcoming Ontario Municipal Board hearing respecting the former Ontario Hydro corridor lands south of Highway 401 in Maryvale and Dorset Park Communities, which are being purchased by Norstar Development Corporation.

Financial Implications:

Unknown at this time.

Recommendation:

It is recommended that City Council:

(1)instruct the City Solicitor, in the absence of an agreement for the City's acquisition of the former Ontario Hydro corridor prior to the upcoming hearing, to submit the City's case as set out in the following recommendations and as detailed in the report of the Director of Community Planning, East District, dated January 14, 1999;

(2)instruct the City Solicitor and staff to seek Ontario Municipal Board approval for the alternate plans of subdivision as described in the report of the Director of Community Planning, East District dated January 14, 1999 and illustrated as Figures 1A, 2A and 3A;

(3)instruct the City Solicitor to support the alternative development proposal illustrated on Figure 1B should the Ontario Municipal Board be prepared to consider the proposed Crocus Drive to Warden Avenue road link favourably;

(4)instruct the City Solicitor not to oppose semi-detached units on Street A in Maryvale Community, subject to a single loading of the units on one side of Street A only, and an increase in the lot depths to 38 metres (125 feet);

(5)instruct the City Solicitor to request that the Ontario Municipal Board defer any final approval for development on Blocks 1 to 5 inclusive shown on Figure 2, and Lots 1 to 4 inclusive, 10 and 11 shown on Figure 3 in the report of the Director of Community Planning, East District dated January 14, 1999, until the applicant has adequately addressed the flood line issues to the satisfaction of the Commissioner of Works and Emergency Services and the Toronto and Region Conservation Authority;

(6)instruct the City Solicitor and staff to seek a Low Density Residential designation of the Norstar lands as opposed to the Medium Density Residential designation proposed by Ontario Hydro;

(7)authorize the City Solicitor and appropriate staff to negotiate a cost sharing arrangement with Norstar to oversize the new sanitary sewer in Dorset Park, subject to approval of the development by the Ontario Municipal Board, and to report further to the Works and Utilities Committee in this regard;

(8) support the Toronto and Region Conservation Authority recommendation that cash-in-lieu of on-site stormwater quality enhancement measures be taken for use at the Terraview Willowfield Concept Site; and

(9)instruct the Commissioner, Urban Planning and Development Services to initiate an Official Plan amendment to extend the Environmental Impact Zone to the floodplain of the Dorset Park Tributary in all affected communities and employment districts.

Background:

This report is further to Council's direction of July 29, 30 and 31, 1998, that Planning staff prepare alternative plans of subdivision for the corridor based on "comparable and compatible in-fill residential development, having regard to the unit types, lot dimensions and area, road widths and streetscapes of the abutting quality neighbourhoods." Council on October 1 and 2, 1998 considered a similar staff report for the Graywood Investments Ltd. lands north of Highway 401, in preparation for the Ontario Municipal Board hearing on Graywood's appeals which commenced on October 5, 1998. That hearing concluded on October 23, 1998, and a Board decision largely approving the Graywood proposals has now been issued. City Council on December 16 and 17, 1998 authorized the City Solicitor to seek both a review of the decision by the Ontario Municipal Board, and leave to appeal the decision to Divisional Court.

City Council on December 16 and 17, 19988 also considered a report from the Works and Emergency Services Department and the associated recommendations of the Works and Utilities, Corporate Services and Strategic Policies and Priorities Committees recommending that the City proceed to negotiate acquisition of certain of the former Ontario Hydro corridor lands in L'Amoreaux and Dorset Park Communities. Council directed that the lands identified as Priority 1 for the implementation of stormwater quantity and quality enhancements by the City's XCG Consultants Ltd. report on opportunities for Highland Creek, which has been previously reported, be acquired. In the event that an agreement to purchase is not in hand prior to commencement of the Ontario Hydro/Norstar hearing, this report presents alternative development plans as directed by Council in July for presentation at the Board.

Norstar conducted Open Houses on October 26, 1998 for the Dorset Park Community and on October 27, 1998 for residents of Maryvale, to present their plans.

Comments:

The proposed Official Plan Amendment application was submitted by Ontario Hydro, while the proposed Zoning By-law Amendment and Plan of Subdivision applications were subsequently submitted by Norstar. The Hydro application includes lands on the west side of Kennedy Road, extending beyond the lands being purchased by Norstar. The application requests that a Medium Density Residential designation be applied to all of the former corridor lands in Maryvale and Dorset Park, with the exception of lands fronting the west side of Kennedy Road which are proposed for Residential/Commercial Mixed Use.

The Official Plan for the former City of Scarborough provides for a variety of dwelling unit types under the Medium Density Residential designation including townhouses, low-rise apartments and other such projects to a maximum height of 4 storeys and net density of 100 units per hectare (40units per acre), unless otherwise specified in the Secondary Plan for the area. Single and semi-detached housing forms may also be permitted. The Hydro application does not seek greater height or density limits, and is not specific as to the housing forms being sought.

The Official Plan states that this designation will generally be applied in areas where the slightly higher population densities will have good accessibility to community facilities and direct accessibility to major roads and transportation facilities. Where the designation is applied, "it is the policy of Council to promote stable residential neighbourhoods with safe and convenient access to schools, parks and other neighbourhood facilities".

Under the Dorset Park Secondary Plan, the proposed Residential/Commercial Mixed Use designation permits Neighbourhood Commercial, Highway Commercial and Medium Density Residential Uses, Places of Worship and Institutional Uses which are compatible with a residential neighbourhood. This designation predominates the west side of Kennedy Road north and south of the subject lands.

The former Hydro corridor through this area is substantially narrower than north of the 401, at 61metres (200 feet), which poses different design constraints than the Graywood proposals. For example, Norstar's streets are proposed largely proposed on 16.5 metre (54 foot) road allowances. Overall, 14 single detached, 56 semi-detached and 145 townhouses are proposed, as detailed further below. Under the Scarborough Official Plan, these uses may be provided for through either a Low Density or Medium Density Residential designation. Since a Medium Density Residential Official Plan designation could enable future rezonings to provide for other built forms and unit densities than are currently proposed, staff recommend that a Low Density Residential designation only be requested from the Ontario Municipal Board if any development of the corridor is to be approved.

Norstar's rezoning application seeks relaxation to a variety of building setback standards currently applicable to development in the abutting neighbourhoods. Front yard setbacks are proposed to be 4.5 metres (14.8 feet), with garages set back 5.5 metres (18 feet), compared to the standard 6 metres (20 feet) for low density residential development in Scarborough. Front porches are proposed to be permitted up to 3 metres (10 feet) from the front lot line, whereas the usual standard applied in Scarborough permits porches only to within 4.45 metres (14.6 feet) of the streetline. No rear yard setback for main walls is specified, however the application proposes that rear decks may be set back 6 metres (20 feet) from the rear lot line. The usual minimum main wall rear yard setback in Scarborough is 7.5 metres (25 feet). Planning staff do not support reduced streetyard setbacks on Norstar's double loaded streets having reduced road allowances, given the distinctly different streetscape that would result in comparison to neighbouring streets. Such standards are, however, acceptable on single loaded streets with housing on one side only.

Side yard setbacks are generally proposed at 1.2 metres (4 feet) on one side and 0.6 metre (2 feet) on the other side, with adjacent dwellings to be not less than 1.8 metres (6 feet) apart. A variety of different side yard setback standards apply to the neighbourhoods abutting the corridor in Maryvale and Dorset Park, however these generally also achieve a 1.8 metre (6 foot) separation between dwellings. On this basis, the applicant's side yard setback proposals are therefore acceptable to Planning staff. Flankage yard setback requirements are proposed to be 3 metres (10 feet) instead of the usual 3.6 metres (11.8 feet) for the area. This would also be acceptable to Planning staff if no further encroachments by porches, etc. into the flankage yard were permitted.

The following discussion reviews the Norstar proposals and alternatives proposed by Planning staff in greater detail:

Figure 1

The subject lands in the Maryvale Community comprise 2.5 hectares (6.2 acres). Norstar is proposing 10 street townhouse units on the north side of Crocus Drive adjacent to Highway 401.

On the new Street A, as illustrated, 44 semi-detached units and 9 single detached units are proposed. The typical single family parcel in the vicinity is 12.2 by 38 metres (40 by 125 feet), while a typical single family lot on Street A would be 11 by 22 metres (36 by 73 feet). The proposed semi-detached dwellings on Street A would be on 9.2 by 22 metre (30 by 73 foot) lots. Norstar's proposal would result in a net unit density approximately twice that of the abutting neighbourhoods.

Neighbourhood 1 of the Maryvale Community, comprising those lands north of Ellesmere to the 401, consists of 76.2 percent single family dwellings and 23.8 percent multiple and apartment units. The City's Housing Inventory indicates there are no semi-detached or street townhouse units in the neighbourhood.

The block between Crocus Drive and Warden Avenue is proposed for 15 townhouse units. It is not clear at this time whether the units are proposed to be developed as street townhouses with a shared or public lane, or as a block development (i.e., condominium). The proposed parkette/walkway block configuration is not acceptable to the City. At the open house held by Norstar, a revision to this proposal was unveiled that provides for a new road link between Crocus and the Warden/Metropolitan intersection serving 11 street townhouse units, as shown on Figure 1B. The street would accommodate two-way traffic for the townhouses, but would be limited at the Warden intersection to permit one-way signalized outbound movements onto Warden only. The road allowance for this link is indicated at 15.5 metres (50.9 feet) with a pavement width of 6 metres (19.7feet), both of which are well below the City's usual standards.

Figures 2 and 3

Norstar is proposing 120 townhouses, 12 semi-detached units and 5 single family units on the 4.8hectares (11.8 acres) from Birchmount Road to east of Wye Valley Road. Street A would consist entirely of 84 townhouses. The units closest to Birchmount Road would typically be on 175.8square metre (1,893 square foot) "wide-shallow" parcels to enable a double loading of lots on the new 16.5 metre (54 foot) road allowance. Further to the south-east beyond where the Dorset Park tributary emerges into an open channel, the width of the proposed townhouse parcels, now on a single loaded street, is reduced to 5.5 metres (18 feet) and depth increased to 33 metres (108 feet), resulting in parcels of similar area.

Street B would consist of 5 single family, 12 semi-detached and 28 townhouse units, all on 33 metre (108 foot) deep parcels having reduced frontages. Eight street townhouses are proposed fronting onto Wye Valley Road, adjacent to the City's stormwater management pond.

Where the proposed streets are single-loaded with development on one side only, the applicant is proposing to provide linear park blocks adjacent to the watercourse.

Proposed elevations for the Norstar development, indicating 3 storeys for townhouse units and 2storeys for the remainder, are illustrated at the end of this report.

Agency Comments

Norstar has submitted 5 technical reports in support of its proposal, covering noise, geotechnical, traffic impact, functional servicing and stormwater management. Technical and agency review is largely complete, however certain matters are on-going as discussed further below.

With respect to roads and traffic, as indicated above there is generally technical support for the new road link to Warden Avenue. A northbound left turn lane on Warden Avenue serving the Figure 1 proposal can be provided by modifying existing pavement markings. Conveyance of an 8 metre (26foot) road widening to the City across the Warden frontage will be required to achieve a 36 metre (118 foot) road allowance in accordance with the Metropolitan and Scarborough Official Plans. Detailed functional plans should be required from the applicant addressing access to Warden Avenue, whether by private driveway or public road, and for the Birchmount intersection.

The City has undertaken a number of traffic counts in Maryvale Community to verify the assumptions of Norstar's traffic consultant, BA Group. The City's traffic counts were higher than those of the consultant, and accordingly, further counts were retaken in December 1998. Works staff confirm the volumes used in Norstar's Traffic Impact Assessment from September, 1998 were indeed underestimated. The consultant is completing an update to the assessment based on agreed upon volume information, however the revised results have not been received to date.

The proposed Street A in Dorset Park connects to Birchmount opposite Canadian Road, and would satisfy the distance separation requirements from Ellesmere Road for a signal to be installed if traffic warrants are met. The applicant can be required to determine if the warrants are met and to fund appropriate additional signal equipment and intersection improvements as a condition of Draft Plan Approval.

Technical Services staff in Works and Emergency Services indicate that all new road allowances in this subdivision must be a minimum of 18.5 metres (60.7 feet) in width. The proposed 16.5 metre (54 foot) width will only be acceptable if the applicant is able to make satisfactory arrangements with the utility companies for the installation of their services. The reduced road allowances are also acceptable from an urban design standpoint if there is "single-loading" of development on one side of the street only. The reduced road allowance and pavement width for the proposed Crocus to Warden link (Figure 1B) is not acceptable.

Site servicing for storm and sanitary sewage is of particular concern. Many residents abutting the corridor in Dorset Park have complained of frequent basement dampness and flooding. There are also concerns associated with developability of the subject lands given the potential for flooding of the Dorset Park tributary within the 1 in 100 year storm flood line recently identified by the City and the Toronto and Region Conservation Authority (TRCA), and overland drainage impacts onto abutting properties. The flood line in Dorset Park is indicated on Figure 4.

In this regard, Council on October 1 and 2, 1998 directed the Commissioner of Works and Emergency Services to monitor groundwater, test water quality, monitor storm sewers to clarify storm drainage issues and perform closed circuit television inspection of storm sewers, for further reporting in January 1999. The information reported to us by that Department is discussed below. It should be noted that monitoring is continuing as there were no significant rain events during the monitoring period and the findings to date reflect "dry weather" conditions only.

In response to Council's direction, six monitoring boreholes were installed in early October 1998 to evaluate surficial soils, perched water table conditions and groundwater quality. Two each were installed in the corridor north of Wye Valley Road, on the boulevard of Ellendale Drive north of Wye Valley, and in Maryvale on City easements adjacent to Highway 401. Water depth readings have been taken seven times weekly.

The analysis of groundwater quality revealed no detectable faecal coliform bacteria. The water chemistry analysis meets Provincial drinking water quality objectives except for colour, dissolved solids and manganese, which do not affect water safety. The area is serviced by municipal water service and groundwater is not being used domestically.

Closed circuit television inspection of storm sewers under Shropshire and Ellendale Drives has been completed, and only routine maintenance issues have been found.

With regard to concerns of area residents over damp and flooded basements, the boreholes indicate there are thin subsurface sandy lenses that may transfer locally percolated water toward the building foundation, and the soil structure may create a "well" around the foundation. Current Building Code requirements and proper construction techniques, combined with proper site grading and functioning foundation drains, should resolve this issue for any new development. Monitoring is continuing in expectation of a significant rain event so that the perched water table response can be further evaluated, however these results are not now likely until spring.

Residents have also complained of low water pressures that may be exacerbated by any new development. Works staff advise that 11 requests to investigate low pressures have been received since 1997 from residents in Dorset Park, and 120 requests in Maryvale during the same period. Pressures were determined to range from 53 to 68 PSI in Dorset Park and 52 to 63 PSI in Maryvale, depending on location, each of which exceed design levels. The problem appears, similar to the situation in the Wishing Well area north of Highway 401, to be one of substandard and frequently shared service between the main and the house, with pressures reducing through age. City service is available to these residents to blow back the service connection to restore higher flow capability.

The local sanitary sewers in Maryvale were not designed to service the subject lands, however they have adequate capacity to accommodate the additional flows from the development. There are concerns, however, with the Massey Creek Trunk sewer capacity, and Works staff are monitoring the sewer to identify flows and remedial actions. The applicant indicates that additional detention capacity could be built on the Massey Creek Trunk at Lupin Drive should development of the subject lands impact the system. If demonstrated to be necessary, the developer can be required to bear the cost of such off-site servicing improvements as a condition of Draft Plan Approval.

The sanitary sewers in Dorset Park are theoretically surcharged. Works staff are monitoring the sewers at key locations to suitable points for connection to the new development. Sewers may have to be constructed through lands adjacent to the storm water pond to a location on Forbes Road to service the proposal. It is recommended that the City cost share to oversize the sanitary sewer through the development from Forbes Road to Birchmount Road to provide additional capacity and possible relief to the surcharged system.

With respect to storm drainage, there is some capacity in the Maryvale system. Works staff advise that all major storm flows must be contained within the site. Predevelopment flows may continue to be discharged if it is demonstrated such flows occur with no detrimental impact. Standard conditions of Draft Plan Approval can address these matters.

Technical Services staff advise that minor flows from Streets A and B in Dorset Park can be directed to the City's stormwater pond, for which the applicant is proposing water quality improvements. The greater issue for residents in this area remains the potential impact from development of the corridor on the pre-existing basement flooding problems, and the risk of flooding associated with the Dorset Park Tributary as discussed further below.

The "Investigation of Stormwater Management, Naturalization and Open Space Opportunities" study of the West Highland Creek by XCG Consultants Ltd. in August, 1998, concluded that all of the corridor lands in Dorset Park represent the best opportunity to address local and downstream stormwater quantity and quality issues. Works staff advise that the corridor should therefore be protected from any development through acquisition by the City, negotiations for which are continuing, to provide approximately 35,000 cubic metres of additional storage. The loss of the corridor to development would preclude such an opportunity. In the absence of further design for such improvements, however, Planning staff cannot confirm at this time the amount of land actually required or which may otherwise ultimately be determined to be suitable for development. Planning staff continue to feel it essential that the City present more compatible development alternatives responding to the Norstar proposals to the Ontario Municipal Board for consideration, as directed by Council in July 1998.

Works staff also propose that the developer, at the time of registration of the plan of subdivision, provide the City with $300.00 per fire hydrant for maintenance, $40.00 per lot for geodetic surveys and aerial mapping, and $300.00 per lot for planting and maintenance of street trees. These are standard City conditions of Draft Plan Approval.

The TRCA supports an open space/pathway system through the Maryvale portion of the lands to provide a link to the Terraview Willowfield (renaturalization) Concept Site. If the City supports underground superpipes for enhanced stormwater quantity control, the Authority is satisfied. With regard to stormwater quality control, however, the Authority recommendation is not to accept the oil and grit separators proposed by Norstar, which are of limited benefit for the type of development proposed, but rather to implement a cash-in-lieu settlement for water quality and erosion control; the funds from which could be used for the Terraview Willowfield site representing a greater environmental benefit to the Don River.

The Authority also confirms that portions of the corridor in Dorset Park are within the regulatory flood plain as shown on Figure 4 and, in accordance with Ontario Regulation 158 and TRCA policies, should not be developed upon. This includes all of Hydro's lands west of Kennedy Road which are not included in the Norstar applications. The Authority is also recommending an additional 10 metre (33 foot) buffer from the stable top of bank of the Dorset Park Tributary to promote naturalization and regeneration opportunities, and a 10 metre (33 foot) structural setback from the regional flood line. (With completion of the flood line mapping for the Dorset Park Tributary, Council may wish to direct a City-initiated Official Plan Amendment to apply the Environmental Impact Zone, or E.I.Z., to this floodplain.)

In this regard, Works staff concur that, if Norstar's plans are considered favourably by the OMB, certain lands should be deferred from development until the developer has adequately addressed the

flood line issues. These include Blocks 1 to 5 inclusive shown on Figure 2, and Lots 1 to 4 inclusive, 10 and 11 shown on Figure 3. It would be appropriate to support this position at the OMB hearing.

The TRCA and the City have initiated a study into existing conditions and problems in the Highland Creek Watershed to identify opportunities and benefits that can be achieved for the larger system. The Authority requests that development decisions for the corridor not be made in isolation of consideration for the larger watershed. The Authority suggests that cash-in-lieu also be taken here to help implement the results of the West Highland Creek Stormwater Management Study, however if the developer wishes to proceed with development prior to completion of the study, retrofitting of the City's stormwater pond is acceptable.

With respect to other agency comments, the Ontario Ministry of Transportation requires that any buildings be set back 13.7 metres (45 feet) from, and that Ministry permits are to be obtained for any buildings within 46 metres (150 feet) of, the Highway 401 property line. They request a condition of any Draft Plan Approval that the owner submit a stormwater management plan to the Ministry for approval, indicating the intended treatment for calculated run-off and any impact on the highway lands. Both Norstar's and the alternative City proposals can satisfy this requirement.

The Toronto Transit Commission advises that existing bus bays on Warden Avenue and Birchmount Road may be impacted by the development proposals. Any required relocations of bus stops can be identified prior to Final Plan Approval and would be at the expense of the developer.

Staff of the Toronto Catholic District School Board advise that the separate schools serving the proposed development are enrolled over capacity and could not accommodate additional students in permanent or temporary facilities. No further detail is provided and an official response will follow the next meeting of the Board. (The Toronto District School Board has not responded.)

Recreation and Parks staff advise, having regard to Policy 2.5.2.9 of the Official Plan with respect to Scarborough's parkland objectives and the 1996 Census, that the 7.41 hectares (18.3 acres) of neighbourhood and community parkland in Maryvale represents a 1.24 hectare (3 acre) surplus. In Dorset Park, the current inventory of 8.95 hectares (22.1 acres) represents a 3.17 hectare (7.8 acre) deficit. The Department does not accept the Norstar parkland proposals as their location and configuration do not support the City's objectives for programmable park spaces.

Given the proximity of Dorset Park north of the Norstar proposal between Birchmount Road and Kennedy Road, the Department's preference, for ease of convenience to area residents, is to locate any new parkland in Maryvale Community, since there is no parkland today between Highway 401, Ellesmere Road, Warden Avenue and the Warden South hydro corridor west of the subject lands. The Department's preference is that Norstar's full parkland dedication be located at the northern end of Street A in Maryvale, adjacent to the north leg of Crocus Drive, which is consistent with community and Planning staff preferences set out in the June 1997 Corridor Land Use Review report. A park at this location would also accommodate the significant grade difference between the corridor and Crocus Drive which would impact residential development, and could be integrated with a stormwater management facility as proposed in the City's XCG report.

Norstar's 5 percent parkland dedication obligation overall is for 0.36 hectares (0.9 acres). That amount of land is best provided in one location to facilitate recreational programming, and again, a location in Maryvale is recommended. It should be noted, however, that if the City is successful in acquiring the Dorset Park portion of the corridor and Norstar proceeds only develop in Maryvale, its parkland obligation would be reduced to only 0.12 hectares (0.3 acres). That small amount of land is not suitable or efficient for park development. The City could opt for a cash-in-lieu payment, or the parkland could be integrated with a stormwater management facility should the City negotiate acquisition of additional lands for that purpose.

Other agencies circulated have either not responded, or have expressed no concerns except as to their usual technical requirements.

Alternative Subdivision Proposals

As directed by Council, Planning staff have prepared alternative subdivision plans to respond to the Norstar applications. These are set out in Figures 1A, 2A and 3A, and are discussed further below. Initially, it should be stated that the following commentary reflects consistent professional planning opinion already submitted to, and largely rejected by, the Ontario Municipal Board in its decision on the Graywood applications north of Highway 401. That decision remains under appeal by the City.

The Low Density Residential land use proposed by Norstar is consistent with the staff recommendations set out in the June 1997 Hydro Corridor Land Use Review report. As with the Graywood lands, however, Planning staff are primarily concerned with the random introduction of new unit types and relaxed development standards into the subject communities. Staff continue to feel the Norstar proposals represent incompatible and unacceptable development given the sensitive infill context of the lands through the interior of established and mature residential neighbourhoods. Staff also remain cognizant of the principle frequently reiterated by the Board during the Graywood hearing that "compatible" does not mean new development must be "identical" or even "similar" to existing development. Staff continue to firmly believe, however, that the determination of compatibility does include some assessment of the degree of similarity and difference between existing and new development, to ensure the best characteristics of the existing neighbourhoods are reflected and maintained.

As was previously reported with respect to the Graywood subdivision plans, the following discussion on a block by block basis responds to the Norstar proposals with alternatives which Planning staff feel represent more appropriate development and better land use planning. It is essential that Council take a position on these alternative proposals for submission to the Ontario Municipal Board, should the Board be inclined to approve development within the corridor.

Figure 1A

Part 1 of Norstar's proposal adjacent to Highway 401 proposes 10 street townhouse units. There is already a sound barrier along the 401 so the proposed solid townhouse building massing for sound attenuation, particularly in this infill context, is not supportable. Staff continue to feel the introduction of townhouses at this location, in a neighbourhood without any townhouse dwelling forms, would create an unacceptable, undesirable and disruptive anomaly. A sudden change in dwelling height would result, with the existing neighbourhood streetscape impacted by reduced building setbacks, increased driveway frequency and building height, reduced street yard landscaping and limited on-street parking opportunities. This block is sufficient in size to accommodate five single family dwellings on parcels comparable to the typical lot in the area.

As discussed above, a 0.36 hectare (0.9 acre) neighbourhood park should be located on the south side of Crocus Drive, opposite Block 1. The grade difference at this location could limit home and road construction but would not unduly affect park design and provision of playground equipment.

For the block adjacent to the park down to the south leg of Crocus Drive, staff have the same concerns as with the Graywood applications. The substantially reduced lot depths and area, road allowance width and building setbacks proposed by Norstar will result in an overall built form and character of the new street that is quite dissimilar to and incompatible with the established character of the adjoining neighbourhood. Outdoor amenity spaces will be minimized. Street yard landscaping and on-street parking opportunities will also be diminished by the greater frequency of driveways. Staff feel the only option would be for a single loaded cul-de-sac street pattern which would accommodate larger and deeper lots.

This design could serve approximately 15 or 16 single family dwellings as illustrated. There is sufficient space for a 20 to 23 metre road allowance and accommodation of a pedestrian/cycling trail. This configuration would provide for a lot fabric and built form more comparable and compatible with the abutting neighbourhood. Again, there are no semi-detached units in this neighbourhood. While single family units may be preferable, from a planning standpoint a semi-detached building form backing onto single units can also be argued to be compatible subject to more comparable lot sizes and frontages being established. If that were done, the City may not wish to oppose semi-detached units on this street.

The block between Crocus Drive and Warden Avenue has sufficient frontage on Crocus to accommodate five single family lots of similar size to the neighbourhood and to retain the existing walkway providing access to the Warden bus stop at the Metropolitan Road intersection which the community strongly wishes retained. An approximately 0.4 hectare (1 acre) block would remain fronting Warden that, given the staff recommendations from June 1997 and the context of this block at the Warden/Metropolitan intersection, can accommodate a higher density, transit supportive form of development such as townhousing or low rise multiple family development.

As discussed earlier, Norstar has proposed an alternative plan for this block which includes a new road link to Warden Avenue serving 11 street townhouses (Figure 1B). Works and Planning staff support creation of this link, subject to confirming design details at the intersection, a widening of the proposed road allowance and retention of the existing walkway along the north side of the block. Such a new road link has been discussed a number of times in recent years. There has been a long standing concern by the community that residents have experienced increasing difficulty exiting the community via Lupin Drive and Sylla Avenue onto Warden Avenue, particularly when making northbound turns. The City, in May 1992, received a petition from area residents requesting the City to investigate a road link over the former Hydro lands as now proposed by Norstar.

Public reaction at Norstar's open house to the new road, however, was mixed. Staff received a number of comments that the link should be one-way in-bound to the neighbourhood only, allow two-way movements, or be eliminated altogether. In particular, concerns were expressed that the one-way out-bound link would only invite infiltration by Ellesmere traffic into the neighbourhood in order to avoid the Warden/Ellesmere intersection. As there appears to be local disagreement about the new road link, staff understand it is Norstar's intention to present both proposals as shown on Figures 1 and 1B to the Board as options for consideration.

Planning staff have looked at the possibility of shifting the new road northerly and reducing Norstar's proposed "park" block, resulting in a larger development block south of the new road that could perhaps accommodate a more intensive and efficient multiple family townhouse or low rise apartment, transit supportive, development. The proposed one-way restriction for the new road would, however, cause additional traffic loading on Crocus and other local streets. The alternative proposal indicated on Figure 1B is therefore preferable to Planning staff.

Figures 2A and 3A

Planning staff have the same general built form and compatibility concerns with the Norstar proposals in Dorset Park as discussed above for Maryvale. Staff are particularly concerned about the rather random mixing of unit types on Street B behind the single family units on Ellendale Drive, and the small townhouse lot sizes east of Birchmount Road which together would introduce a quite anomalous character to this long established neighbourhood.

In redesigning the subdivision, staff have, similar to Maryvale, provided for single loaded street with 38 metre (125 foot) deep lots consistent with adjacent subdivisions. The road would run down the north side of the corridor to protect for possible stormwater and renaturalization opportunities within or abutting the road allowance, should the City not acquire the whole corridor. The proposed 16.5metre (54 foot) wide road allowance here is acceptable subject to confirmation that servicing can be adequately provided by the various utilities. Staff also feel the proposed plans adequately address TRCA and Works and Emergency Services concerns respecting development in proximity to the newly delineated regional flood line.

Single-family lots predominate the staff plan. West of Canlish Road, some abutting lots contain semi-detached units and, to provide for some gradation in density, 6 semi-detached units could be provided. Beyond this out to Birchmount Road, townhouses or semi-detached units may be feasible as they would abut a number of existing 4 storey apartment buildings to the south, are separated by the City's watercourse lands from the homes on Shropshire Drive, and would provide for more efficient and transit supportive development in accordance with Official Plan objectives.

The proposals illustrated on Figures 2A and 3A total 83 units and represent a 39.4 percent unit reduction from Norstar's application in Dorset Park.

Conclusions:

The City is in an unusual position. Council has previously directed the acquisition of the Dorset Park portion of the corridor for stormwater and renaturalization enhancements. Staff have not been successful in the acquisition attempt to date. As well, the OMB decision on the Graywood lands, which may be relied on by parties at the Norstar hearing, provides for a very narrow interpretation of "compatibility" as "the presence or absence of undue adverse impact". That decision, again, is under appeal by the City, the outcome of which may not be available prior to commencement of the Norstar phase of the hearing in February. The implications of any modification to the decision are therefore unknown at this time. Lastly, as with Graywood, the City finds itself in the position of having to respond to the Norstar proposals with alternative proposals representing better land use planning.

This will be Scarborough Community Council's last opportunity to discuss the Norstar proposals prior to the scheduled commencement of the Ontario Municipal Board hearing February 22, 1999.

Council should, as was the case with Graywood, direct staff as to its preferred development alternatives should the Board proceed to consider the Norstar proposals. Staff recommend the proposals set out in this report for that purpose, together with the various conditions of any approval by the Board as detailed herein.

Contact Name:

Rod Hines, MCIP, RPP

Scarborough Civic Centre

Telephone: (416) 396-7020

Fax: (416) 396-4265

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