Zoning By-law Amendment Application SC-Z1999015

546958 Ontario Limited (King-City Corp.)

4711 Steeles Avenue East

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 September 7, 1999, from the Director of Community Planning, East District, recommends that the report of the Director of Community Planning, East District, be adopted, subject to adding a Performance Standard (vii) under "(A)", as follows:

"(vii)minimum of 480 parking spaces shall be provided for this development."

The Scarborough Community Council reports having held a statutory public meeting on October 12, 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 (September 7, 1999) from the Director of Community Planning, East District:

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

The Scarborough Community Council submits, for the information of City Council, the following communications:

(September 20, 1999) from Amy Au:

This is written in response to the notice of public meeting, regarding the above request to amend the Zoning By-law. As I will not be able to attend the meeting, I hereby put forward my concern.

I am an owner and a resident in the Midland and Steeles area. I am very much concerned about the above request for the following reasons:

1.The owner proposes the redevelopment of the site with commercial space, that includes a restaurant and some retail uses. This will definitely increase the volume of traffic in that area. At present, Steeles Avenue between Midland Avenue and Kennedy Road is already a high traffic volume area, with severe traffic jam during rush hours, and many accidents (minor or major). Steeles Avenue with only two lanes on each direction cannot afford any additional traffic.

2.It is noted that there is a proposed road connecting Steeles Avenue and Passmore Avenue. With the proposed plan, there will be increased traffic on Passmore Avenue. The present road condition on Passmore Avenue at the CN railway crossing is extremely bad - very bumpy! The increased traffic will no doubt worsen the situation.

I hope that the Scarborough Community Council will take the above two reasons into consideration before recommending the proposal to Toronto City Council. I will expect some solutions to the above problems before the plan is approved and operated.

Thank you for your attention.

(September 22, 1999) from Justina Chan and Willy Yau:

This is to respond the above amendment Application. I am the owner of 7 Staverton Court, Scarborough. We objected the above zoning replaced by mixed Employment Zone (ME).

Reasons:

(1)There are lots of restaurants, plaza, and retail stores on Steeles Avenue between Kennedy Road and Midland Avenue, and the traffic is so bad already. If the zoning you mentioned become mixed employment zone, that means more shops and restaurants will be built in the district, and brings more shoppers and vehicles to this area in order to increase high volume of traffic and make the road situation get more worse.

(2)We are concerned about our living environment. If more shops and restaurants surrounded our residences, we have to watch out their garbage and waste to avoid growth of rats, fly and mosquito, etc.

For the above reasons, we wish the proposal zoning remain unchanged.

Please kindly keep us posted development result.

(September 22, 1999) from K.T. Chan:

I would like to express my concerns regarding this amendment request. Right now the traffic in that area is already overloaded. That part of Steeles Avenue East (between Kennedy and Midland) is particularly busy. During the office rush hours, there is always traffic jam and in addition, we have the Go-Train passing at that time. During the other day time hours, cars going in and out the Market Village, Pacific Mall, Canadian Tyre, gas stations, donut shop and garage already make traffic a mess; and on weekends, it is even even worst.

By changing the purpose of the said property, I would imagine that in the future the traffic there will be totally out of control.

I therefore have no choice but to object to this amendment.

Thanks.

(September 23, 1999) from John Lo:

We object to the above request to amend and the therein Re-zoning. We have already had two large Malls and the associated Plaza in the area. Although these Malls are in the City of Markham but geographically we are looking at the same spot. We have enough Malls there.

The traffic in the area and the vicinity at present is extremely bad; it has been worsen quickly within the three plus years and the Governments are unable to improve it. By adding the proposed new Mall on the Scarborough side of Steeles Avenue, we know it will be worse further.

Also, when the area gets busier, crimes will come with it. We all are living in the City long enough so we should know about it.

Please present our submission to the Public in the meeting. Thank you for your consideration.

(September 27, 1999) from Sandra Chan, Property Planning and Development, Canadian National Railway (CN):

We have reviewed your letter dated 17 September 1999, regarding the above noted application and have the following comments:

1.The Owner must install and maintain at his own expense, a chain link fence of minimum 1.83 metre height along the mutual property line.

2.Any proposed alterations to the existing drainage pattern affecting Railway property must receive prior concurrence from the Railway and be substantiated by a drainage report to the satisfaction of the Railway.

In addition, rail noise, vibration and safety should be considered in the design of the development, to the satisfaction of the municipality. Appropriate mitigation measures should be included in the Zoning By-law Amendment. CN's current guidelines recommend that the acceptable protective measures for the land use proposed include the following:

1.A minimum 30 metre building setback from the railway right-of-way in conjunction with an earthen berm. The berm should be 2.0 metres above grade at the property line, having side slopes not steeper than 2.5 to 1, adjoining and parallel to the railway right-of-way with returns at the ends.

2.We recommend that the Owner engage a consultant to undertake an analysis of noise and vibration and to undertake appropriate measures to mitigate any adverse effects from noise and/or vibration that were identified.

We request receiving notice of the Amendment being approved.

Should you have any further questions, please do not hesitate to contact the undersigned at (416) 217-6961.

(October 1, 1999) from John Lau, President, Pacific Mall, 4300 Steeles Avenue East, Markham:

Reference is made to the Notice of Public Meeting on the rezoning application (No. SC-Z1999015) for 4711 Steeles Ave. East, Scarborough.

As the Board of Directors of Pacific Mall Corporation, we represent the interest of Pacific Mall. In our opinion, the above application is a real threat to the traffic in the areas of Steeles and Kennedy.

As a matter of fact, the existence of Pacific Mall, Market Village and Canada Trust in the same corner has been generating a great deal of traffic in the small area. It is now even well known to the people in the district that traffic congestion has been a serious problem, which still waits to be solved. We think that if the above application will succeed, the loading to the traffic will be greatly increased.

We are therefore writing to strongly object to this application.

The following persons appeared before the Community Council in connection with the foregoing matter:

-Mr. Bruce McMinn, Solicitor for the applicant, expressing support for the staff recommendations; confidence that the outstanding issues respecting the site plan can be resolved; and advising Community Council that his client's proposal could be accommodated within the existing road conditions;

-Mr. Lawrence Zucker, Solicitor representing Pacific Mall, who tabled a 236-signature petition in opposition to the proposed development, and voiced his client's concerns respecting parking and traffic, specifically that the staff proposal for the provision of 512 parking spaces should be formally included in the recommendations as a Performance Standard; suggesting that it is premature to approve this application when there are already significant traffic problems in the area and requesting that it not be approved until the widening of Steeles Avenue has taken place; and

-Mr. Sam Cohen, developer of the Pacific Mall, expressing similar concerns to those of Mr. Zucker respecting the difficult traffic conditions in the area, the increase to be generated by the proposed development, and the urgent need for the widening of Steeles Avenue.