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Request for Direction

Site Plan Control Application SS1998008

Consent Application SB98006

Minor Variance Applications SA1998019 and SA1998271

Canadian Tire Real Estate Limited

Nugget Construction Company Limited

Aimhigh Development Group Limited

4570 and 4630 Sheppard Avenue East

Marshalling Yard Employment District

Ward 18 - Scarborough Malvern

The Scarborough Community Council recommends the adoption of the following report (October 6, 1999) from the Director of Community Planning, East District:

Purpose:

This report seeks direction from Council regarding the City Solicitor's role at an upcoming Ontario Municipal Board hearing on various applications received to facilitate the redevelopment of the lands at the northwest corner of McCowan Road and Sheppard Avenue.

Financial Implications:

None.

Recommendations:

It is recommended that Scarborough Community Council recommend that Council direct the City Solicitor to appear at any Ontario Municipal Board hearing on the following basis:

(1)to support the Site Plan Control and Consent Applications in a manner that maintains the City's interest of providing for the Nugget Avenue extension and in support of Committee of Adjustment's decision on the variances; and

(2)to ensure that any site plan and site plan agreement provides for site details and conditions to the satisfaction of the City.

Background:

The above applications were submitted in order to facilitate the redevelopment of the Canadian Tire store at 4630 Sheppard Avenue East. The Site Plan Control and Consent applications were appealed in April 1999 for the absence of a site plan approval and consent decision. The applicant's solicitor subsequently requested that the variance applications be brought forward to Committee of Adjustment. Committee refused the variances on September 8, 1999 and the applications were appealed.

One of the stumbling blocks in the redevelopment of the lands has been the provision for and alignment of the extension of Nugget Avenue. The extension of Nugget Avenue west of McCowan Road and terminating at Sheppard Avenue opposite Brownspring Road, is in the Scarborough Official Plan with a specific policy indicating that the extension shall not include any of the lands owned by St. Lawrence Cement (north side of the watercourse). Moreover, the extension shall be designed and constructed so as to avoid any interference with, or disruption to the St. Lawrence Cement lands. This specific policy resulted from Scarborough Council's consideration of the proposed redevelopment of 1940 McCowan Road in 1992, now occupied by Business Depot and donut shop. The policy was worded to alleviate concerns raised by St. Lawrence Cement.

The proposed site plan proposal indicates an alignment for Nugget Avenue that crosses a portion of the St. Lawrence Cement lands. City staff were advised by the applicant that St. Lawrence Cement was agreeable to a small crossing and that a letter from St. Lawrence Cement would be forthcoming to this effect. Such a letter has not been received by the City. Moreover, the proposed alignment is not a preferred alignment of City staff from a technical point of view.

Works and Emergency Services staff have indicated that the Nugget Avenue extension is within the proposed five year Capital Works Program and is proposed for construction in 2000. The five year Capital Works Program however still requires Council approval.

Comments:

The provision for Nugget Avenue was introduced in the Official Plan in 1992 to reduce the traffic congestion problems experienced in the area. The specific policy regarding the road extension was to alleviate concerns of St. Lawrence Cement. In turn, any redevelopment scheme that affects the extension of Nugget Avenue must have regard to the Official Plan policy. As a mutual agreeable alignment between the applicant and the City has not been established and as St. Lawrence Cement has not signed off in writing, City staff can not confirm that the redevelopment scheme maintains the intent of the specific policy in the Official Plan.

Conclusions:

The City Solicitor be directed to support the recommendations at the Ontario Municipal Board.

Contact Name:

Sylvia Mullaste, Planner

Scarborough Civic Centre

Telephone: (416) 396-5244

Fax: (416) 396-4265

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

 

   
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