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