Official Plan Amendment Application SP98013

Zoning By-law Amendment Application SZ98025

Draft Plan of Subdivision Application ST1999001

BFC Construction Corporation, 3660 Midland Avenue

Milliken Employment District

Ward 17 - Scarborough Agincourt

The Scarborough Community Council, after considering the deputations and based on the finding of fact, conclusions and recommendations contained in the report, dated June 22, 1999, from the Director of Community Planning, East District, recommends that the report of the Director of Community Planning, East District, be adopted.

The Scarborough Community Council reports having held a statutory public meeting on July 15, 1999, in accordance with Section 17 and Section 34 of the Planning Act and the regulations thereunder.

The Scarborough Community Council submits the following report (June 22, 1999) from the Director of Community Planning, East District:

Purpose:

The applications propose to amend the Official Plan and Zoning By-law for the property south of McNicoll Avenue and west of Midland Avenue, to permit commercial uses, including retail stores, personal service shops, service shops, restaurants and financial institutions in addition to currently permitted uses over the entire lands. The owner proposes a development concept consisting of approximately 12,000 square metres (130,000 square feet) of commercial and office gross floor area in 12 free-standing, one and two storey buildings. The existing 6,200 square metre (66,800 square foot) office building on the property will be retained and a portion of the ground floor is proposed to be converted for restaurant use.

Recommendations:

It is recommended that City Council:

(A)Official Plan:

amend the Milliken Employment District Secondary Plan with respect to the BFC Construction Corporation lands, known municipally as 3660 Midland Avenue, by deleting the current Industrial Employment designation and extending the current General Employment designation over the entire subject lands, and by adding the following Numbered Policy :

"South side of McNicoll Avenue and west side of Midland Avenue:

Urban Form and Design

Building and site design, landscaping, and other elements of site development shall contribute to the creation of a uniform streetscape along McNicoll Avenue, the new Silver Star Boulevard extension, and the new east-west road; promoting a pedestrian friendly environment.

Buildings along McNicoll Avenue, the new Silver Star Boulevard extension, and the new east-west road shall provide a strong built form near the street edge, with consistent building setbacks close to the street line, with occasional breaks for access, servicing, and landscaped open spaces and parking courtyards.

Corner buildings shall be located to define the adjacent public streets and to give the corner sites prominence.

High quality landscaping, pedestrian amenities, and public streetscape improvements shall be provided which promote a unified project image.";

(B)Zoning By-law:

amend the Employment Districts Zoning By-law No. 24982 (Milliken), as amended, with respect to Part of Lots 85 and 86, Registrar's Compiled Plan 9828, known municipally as 3660 Midland Avenue, by deleting the current Industrial(M), General Industrial (MG), Special Industrial(MS), and Employment (E) zoning and replacing it with Mixed Employment (ME) zoning as follows:

(1)Permitted Uses:

Mixed Employment Zone (ME) permitting the following uses:

(a)Day Nurseries;

(b)Educational and Training Facility Uses;

(c)Financial Institutions;

(d)Industrial Uses;

(e)Offices;

(f)Personal Service Shops;

(g)Places of Worship;

(h)Recreational Uses;

(i)Restaurants;

(j)Retail Stores;

(k)Service Shops.

(2)Performance Standards:

(2.1)maximum total gross floor area of all retail stores, personal service shops, restaurants, and service shops shall not exceed 11,200 square metres (120,600 square feet);

(2.2)maximum total gross floor area of all restaurants shall not exceed 1,300 square metres (14,000 square feet);

(2.3)maximum total gross floor area of all buildings shall not exceed 0.50 times the area of the lot;

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

(2.5)the provisions of the By-law shall apply collectively to the lands notwithstanding its division into two or more parcels;

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

(D)Draft Plan of Subdivision:

approve the Draft Plan of Subdivision ST1999001 by BFC Construction Corporation, with respect to Part of Lots 85 and 86, Registrar's Compiled Plan 9828, known municipally as 3660 Midland Avenue, subject to the following conditions:

(1)the Plan as stamped "Recommended" this date (see Figure 2);

(2)the owner shall make satisfactory arrangements with the City regarding:

(2.1)all services and easements, and payment of Development Charges to the City;

(2.2)the dedication of all streets, road widenings, corner roundings, and required 0.3 metre (1 foot) reserves to the City at no charge and free and clear of all encumbrances;

(2.3)street tree planting to the satisfaction of the Economic Development, Culture and Tourism Department;

(3)the owner to apply storm water management techniques in the development of this subdivision to the satisfaction of the Works and Emergency Services Department;

(4)the owner shall make satisfactory arrangements with the Toronto Hydro Electric Commission regarding the supply of underground electrical and street lighting distribution systems for the proposed development;

(5)the owner to construct sidewalks to the satisfaction of the Works and Emergency Services Department;

(6)the owner to make satisfactory arrangements with the Works and Emergency Services Department regarding payment for inspection fees and engineering costs that may be required in addition to the normal Development Charges;

(7)the owner shall make satisfactory arrangements with Bell Canada regarding services and required easements;

(8)the owner shall make satisfactory arrangements with the Works and Emergency Services Department regarding the following:

(8.1)the extension and construction of Silver Star Boulevard through the Ontario Hydro Corridor at no cost to the City of Toronto;

(8.2)installation of traffic signals at the new intersection of Silver Star Boulevard and McNicoll Avenue, widening of Midland Avenue south of McNicoll Avenue to accommodate a continuous centre turn lane tapering south of the subject lands, installation of an eastbound and westbound left turn lane at the Midland Avenue/McNicoll Avenue intersection, and further improvements at the location of the intersection of Midland Avenue with the new east-west road to facilitate vehicular and pedestrian movements, all at no cost to the City of Toronto;

(9)the Subdivision Agreement to contain provisions to the satisfaction of the Director of Community Planning, East District, which ensure:

(9.1)CN Rail noise, vibration and safety impact mitigation measures are incorporated into the design of the development;

(9.2)fencing is installed and maintained at the owner's expense along the mutual property line between the subject lands and abutting CN Rail and Ontario Hydro lands;

(9.3)review and approval of lot grading and drainage to the satisfaction of CN Rail and Ontario Hydro;

(10)the owner shall make satisfactory arrangements with Ontario Hydro regarding any necessary relocations or revisions to Ontario Hydro Services Company facilities to accommodate the subdivision; and

(11)the subject lands are to be zoned in accordance with the proposed development standards prior to the registration of the plan.

Background:

Site Statistics

Site Area:5.31 hectares (13 acre)

Proposed Office Gross Floor Area*7,018 square metres (75,543 square feet)

Proposed Commercial Gross Floor Area**9,930 square metres (106,889 square feet)

Proposed Restaurant Gross Floor Area***1,262 square metres (13,585 square feet)

Proposed Total Gross Floor Area18,210 square metres (196,017 square feet)

Proposed Parking 640 surface parking spaces

*includes 6,000 square metres (64,585 square feet) of existing offices to be retained.

**excludes proposed restaurant gross floor area.

***includes 210 square metres (2,260 square feet) of existing offices to be converted to restaurant.

Details of Site

The subject lands currently contain a five-storey, 6,200 square metre (66,800 square foot) office building along Midland Avenue and related surface parking at the rear with vehicular access from Midland Avenue. BFC Construction Corporations corporate offices are the main tenant within this building. The remainder of the property contains BFC's utility yard where trucks and equipment are stored and a staging area for work performed off-site by BFC's related operating companies. The existing office building is proposed to be retained and the utility yard is to be removed from the property. Economic Development staff have been assured by Senior Management of BFC that the location of the utility yard has little impact on the head office operation and that there are no plans to relocate the head office function.

Character of Surrounding Area

Surrounding uses consist of a Garden Centre on the southwest corner of the Midland Avenue and McNicoll Avenue intersection, the Evergold commercial shopping centre and Yee Hong Centre for Geriatrics complex on the southeast corner, single-family dwellings with reversed lot frontages on the northeast corner, and vacant industrial lands on the northwest corner of the intersection. On the west side of Midland Avenue, just north of McNicoll Avenue, there are vacant industrial lands currently used as a Golf Driving Range. The subject lands are bounded by a CN Rail line to the immediate west. To the immediate south of the subject lands exists a 150 metre (492 foot) wide Ontario Hydro Corridor containing two transmission lines. Further south along the west side of Midland Avenue there are a mix of industrial and commercial buildings, and single-family and two-family dwellings with reversed lot frontages along the east side of Midland Avenue.

Properties on the north and south sides of McNicoll Avenue, between Kennedy Road and Midland Avenue, are characterized by large tracts of vacant industrially zoned lands, some of which are currently used for agricultural purposes. The property on the southeast corner of McNicoll Avenue and Kennedy Road is the only property on this stretch occupied by an industrial building. McNicoll Avenue, east of Midland Avenue, is characterized by residential uses within the Milliken and Agincourt North Communities. McNicoll Avenue, west of Kennedy Road is characterized by residential uses and Community Facilities within the Steeles and L'Amoreaux Communities, including the Bamburgh Gate residential development on the southwest corner of McNicoll Avenue and Kennedy Road and the L'Amoreaux Community Centre on the northwest corner.

Current Official Plan and Zoning

The subject lands fall within the Milliken Employment District Secondary Plan area. The lands are designated General Employment along the McNicoll Avenue and Midland Avenue frontages of the property. General Employment provides for industrial uses, recreational uses, offices, Community Facilities, retail and service uses, and training and educational facilities. The interior of the property is designated Industrial Employment providing for industrial uses, open storage, recreational uses, day nurseries, Public Utilities, truck terminals, contractors and builders supply yards, offices, training and educational facilities, and limited retailing ancillary to manufacturing, assembling and processing. The Secondary Plan illustrates the extension of Silver Star Boulevard through the property to McNicoll Avenue and eventually to Steeles Avenue. Silver Star Boulevard is currently constructed up to the first property south of the Ontario Hydro Corridor. The City owns the lands for the future extension of Silver Star Boulevard to McNicoll Avenue, except for the first property south of the Ontario Hydro Corridor.

The property is zoned Employment (E) along the Midland Avenue frontage of the property, and Industrial (M), General Industrial (MG), and Special Industrial (MS) on the remainder of the property.

Comments:

Planning staff hosted a Community Information Meeting the evening of May 4, 1999 at Alexmuir Junior Public School. Local Councillors Doug Mahood and Sherene Shaw attended the meeting as well as Valerie Plunkett of the Rosewood Taxpayer's Association. The applicant presented the project and associated road improvements.

Design Concept Plan

The design concept for the subject lands proposes to create a high quality commercial development which is lively, pedestrian oriented and uniform in its design. It is intended to create a street related village atmosphere. To ensure this unique design concept is carried through to construction, Scarborough Community Council directed the applicant, in consultation with City staff, to develop site specific urban design guidelines that can be effectively implemented through all phases of development on the lands.

To further the design philosophy presented by the applicant, refinements to the design concept were made following discussions with planning staff. The result is the current concept plan shown on Figure 1. The concept plan presents a strong built presence along McNicoll Avenue, the new Silver Star Boulevard extension, and the new east-west road. This is consistent with the Secondary Plan which encourages the intensity of development along the streetline to both create an attractive streetscape as well as a buffer from the industrial activities in the interior of Employment Districts. The concept plan gives corner sites prominence, and the combination of landscaping, pedestrian amenities, and public streetscape improvements will result in a unified project image.

Stemming from the concept plan, specific urban design guidelines have been formulated for this project which are proposed for inclusion in the Secondary Plan as a numbered policy. This will ensure their successful implementation during the different phases of development on the subject lands. The urban design guidelines, which capture the design philosophy presented above, are outlined in the recommendations.

Scarborough Community Council directed the applicant to submit traffic impact and site servicing reports and a subdivision application, all of which have been submitted and reviewed by the City.

Transportation Improvements

The traffic impact study by Entra Consultants Inc. concludes that the site traffic can be accommodated by the existing road system with some road improvements which include; the installation of traffic signals at the new intersection of Silver Star and McNicoll, adjusted signal timings at the intersection of McNicoll and Midland, and widening of Midland Avenue along the frontage of the development site to accommodate installation of a continuous left-turn lane.

Planning staff concur with the traffic study and proposed road improvements but are also recommending the owner pay for the cost of the installation of an eastbound left turn lane at the Midland Avenue/McNicoll Avenue intersection to accommodate the anticipated increase in traffic volumes. The applicant has agreed to pay for the cost of this additional improvement and also for the cost of a westbound left turn lane to provide for opposing left turns at the intersection.

The outbound left turn movements on both sides of Midland Avenue (one serving the subject development and one serving the existing commercial property on the east side of Midland) are expected to experience long delays. The traffic consultant is currently discussing possible mitigating measures with City staff to ensure these movements operate in a more satisfactory manner. Also, it is expected that the subject development will attract pedestrians from the existing seniors complex on the east side of Midland Avenue. To promote pedestrian crossings at the signalized intersection of Midland and McNicoll, further improvements to facilitate pedestrian movements may be necessary such as constructing a sidewalk along the west side of Midland Avenue. Therefore, the applicant has agreed to pay for the cost of possible further improvements to facilitate vehicular and pedestrian movements in the vicinity of the intersection of Midland Avenue with the new east-west public road. Arrangements for these further improvements can be finalized prior to the registration of the subdivision.

Extension of Silver Star Boulevard

As a result of negotiations with planning staff and the local councillors, the applicant will also pay for the extension and construction of Silver Star Boulevard through the Ontario Hydro Corridor.

The extension of Silver Star Boulevard from McNicoll Avenue south through the property will improve the accessibility to the subject lands, and ultimately the interior of the Employment District to the south when the extension is connected with the existing northern terminus of Silver Star Boulevard. This eventuality is currently impeded by the industrial property at 3450 Midland Avenue, immediately north of the existing terminus of Silver Star Boulevard. The City has a servicing easement over the lands but currently does not own the lands required for the road extension.

Canadian BBR Inc. is the owner of 3450 Midland Avenue. On June 14, 1999, City staff from Community Planning, Economic Development, and Transportation Services met with Mark Ducommun of Canadian BBR to discuss the benefits of extending Silver Star Boulevard through their property. Mark Ducommun advised that use of their long narrow property is essential to their business which is the manufacturing of construction cabling. The manufacturing process involves stretching out cables over the length of their property in order to assemble their products. They have been located at this location since the early 1980's and currently employ approximately 30 people. They had previously been located further south on Midland Avenue during the 1960's. Mark Ducommun advised that the company is happy with its current location and has no plans to relocate. He did however say that a relocation in the City would be considered if it were to benefit the company. Economic Development staff has undertaken to look for a property with similar attributes for a possible relocation.

Mutual driveways

Consistent with the Milliken Employment District Secondary Plan, which promotes the provision for vehicle circulation between projects and encourages common use of access points while providing for pedestrian amenities, development of the lands on the southwest corner of Midland Avenue and McNicoll Avenue should be co-ordinated with development of the subject lands. In this regard Scarborough Community Council directed planning staff to convene a meeting between the applicant and owner of the property on the southwest corner of Midland Avenue and McNicoll Avenue, in order to encourage concurrent/co-ordinated development. The positive meeting was held on January 27, 1999 with the owner Mr. Leung and his associate Mr. So. BFC Construction and Mr. Leung have agreed to pursue formal mutual driveways on Midland Avenue and McNicoll Avenue when the corner property is developed. This will reduce the number of driveways onto the public roads and improve the circulation between the two properties. Mr. Leung has preliminary plans for a one and two storey commercial development for the subject lands which he may pursue in approximately two years. As specific development projects proceed on the BFC Construction Corporation lands adjacent to the corner property, planning staff will undertake further meetings with both owners to secure mutual driveways during review of Site Plan Control applications.

Site Servicing

The Works and Emergency Services Department has reviewed the applicant's servicing report and concurs that adequate servicing capacity exists for this development.

Draft Plan of Subdivision

The draft plan of subdivision application proposes to divide the subject lands into four separate parcels (see Figure 2). The parcels will be served by a new north-south public road extending south from McNicoll Avenue (Silver Star Boulevard extension), and a new east-west public road extending west from Midland Avenue, through the subject lands. At the preliminary stage of review, planning staff questioned the necessity of the east-west public road given the good exposure and accessibility afforded to this property along Midland Avenue, McNicoll Avenue, and the future extension of Silver Star Boulevard through the property. However, following discussions with the applicant, it became apparent that this public road is essential to the success of the project and will be a benefit to the City. The public road will create the opportunity for a lively, pedestrian-oriented project in the form of buildings which front onto a highly visible public realm. Buildings will frame public, rather than private spaces. The introduction of an east-west public road will provide greater accessibility and visibility to all areas of this project.

The proposed subdivision may be further divided into smaller blocks through the lifting of part lot control as development phasing proceeds. This approach will provide flexibility to the owner when marketing the project to retailers. A Bill lifting part lot control from the subject lands will be brought before Council following submission of a Part Lot Control application and after Community Planning staff are satisfied that specific phases proposed achieve the overall design objectives for the project. It is recommended that a performance standard be applied to the subject lands which stipulates that the provisions of the By-law shall apply collectively to the entire project notwithstanding its division into two or more parcels.

Parking

Parking requirements for the proposed development will be subject to the General Parking Provisions in the Employment Districts Zoning By-law which require a minimum of 3 parking spaces per 100 square metres (1076 square feet) of gross floor area for offices and retail uses, and 10.7 parking spaces per 100 square metres (1076 square feet) of gross floor area for restaurants. Based on the current breakdown of uses, a total of approximately 640 parking spaces would be required which the current concept plan can accommodate on the surface. Given the mixed use nature of this project, it is anticipated that parking will be shared between the various land uses. Parking demand for offices is higher during the day while parking demand for commercial uses is higher in the evening. Shared parking opportunities will be better understood as development proceeds with specific tenants. The application of the general parking standards is expected to generously accommodate parking demands on the subject lands.

Additional parking is also proposed on both sides of the new 23 metre (75 foot) wide Silver Star Boulevard extension and the 20 metre (66 foot) wide east-west public road. The on-street parking will provide additional convenient parking and will contribute to the village atmosphere of the project. The east-west public road may have to be widened to 23 metres (75 feet) to accommodate parking on both sides. This will be determined prior to registration of the subdivision and following further discussions with Transportation Services staff regarding the detailed design of the road.

Official Plan and Zoning

Commercial uses are provided for in the Official Plan under the General Employment designation (retail and service uses). An Official Plan Amendment is required because Commercial uses are also proposed on the interior portion of the property currently designated Industrial Employment. The subject lands and properties on the south side of McNicoll Avenue within this Employment District are clearly defined and separated by McNicoll Avenue to the north and a 150 metre (492 foot) wide Ontario Hydro Corridor to the south. As a result, only narrow tracts of these lands are designated Industrial Employment north of the Ontario Hydro Corridor as evidenced from the Milliken Employment District Secondary Plan Land Use Map. Due to their isolated location, these lands have special locational attributes distinct from other properties within the Employment District. Planning staff are of the opinion that redesignating these lands from Industrial Employment to General Employment, which would provide for commercial uses throughout the entire lands, is appropriate for comprehensive developments such as the one proposed for the BFC lands. This can be considered a refinement to the existing General Employment designation along the south side of McNicoll Avenue to recognize the existing property configurations and constraints. A similar refinement for the lands on the south side of McNicoll Avenue west of the CN Rail line to Kennedy Road can be considered when a comprehensive development is proposed on those lands.

A Mixed-Employment Zone (ME) for this property best characterizes the proposal and the mix of uses in this area. Aside from retail stores, personal service shops, service shops, restaurants, and financial institutions, all the uses in the Mixed-Employment (ME) Zone are currently permitted on the subject lands, including industrial uses, which planning staff are recommending be retained to provide the opportunity for industrial users in this project.

Seniors Residential Hotel

The original proposal for this project contained a seniors residential hotel component. Scarborough Community Council has deferred consideration of this component to following the completion of an area land use study regarding the introduction of seniors residential-type uses within the Milliken Employment District. Planning staff will be reporting to Scarborough Community Council with Terms of Reference for this area land use study following the summer break.

Conclusions:

This project will enhance and revitalize this area. The recommended amendments to the Official Plan and Zoning By-law will enable the proposal to proceed, consistent with the employment objectives of the Official Plan. The introduction of a mix of land uses on this property will encourage new employment and assessment opportunities and the retention of existing office employment and assessment. The proposal presents an opportunity to replace an unsightly utility yard which is now highly visible from McNicoll Avenue, with quality designed development to serve the surrounding area and improve the aesthetics along McNicoll Avenue. The proposal may encourage further development along the new stretch of McNicoll Avenue between Kennedy Road and Midland Avenue, which remains primarily vacant.

Contact Name:

Joe Nanos, Acting Senior Planner

Telephone: (416) 396-7037

Facsimile: (416) 396-4265

nanos@city.scarborough.on.ca

Mr. Stephen Diamond, Solicitor, appeared before the Community Council on behalf of the applicant and expressed support for the foregoing recommendations.