STAFF REPORT
ecember 20, 1999
To: Scarborough Community Council
From: Ted Tyndorf
Director of Community Planning, East District
Subject: PRELIMINARY EVALUATION REPORT
Zoning By-law Amendment Application SC-Z19990033
Aspen Ridge Homes (Markham Gardens) Inc.
Progress Avenue, South of Sheppard Avenue East
Blocks 2 and 8, Registered Plan 66M-2300
Malvern Community
Scarborough Malvern
Purpose:
This report provides a preliminary evaluation of a rezoning application regarding Blocks 2 and 8, Registered Plan
66M-2300, and seeks direction respecting possible negotiations related to the request to relocate 60 parking spaces for the
Scarborough Community Complex. Both properties are owned by Aspen Ridge Homes (Markham Gardens) Inc.
Financial Implications and Impact Statement:
There are no financial implications at the present time. Should the City decide to proceed with the negotiations with Aspen
Ridge Homes, with respect to the provision of 60 parking spaces for the Scarborough Community Complex on Block 8 and
the City acquiring Block 8, any financial impact will depend on the market values and costs agreed upon for various items
involved in the negotiations.
Recommendations:
It is recommended that Council:
(1) direct City staff to undertake negotiations with Aspen Ridge Homes (Markham Gardens) Inc. with respect to the
provision of 60 parking spaces for the Scarborough Community Complex by Aspen Ridge Homes on Block 8, instead of
Block 2, and the City acquiring Block 8, both blocks on Registered Plan 66M-2300. The negotiations should include all
parties having interest in various agreements affecting these two blocks, such as Aspen Ridge Homes (Markham Gardens)
Inc., The Toronto Catholic District School Board, The Chinese Cultural Centre of Greater Toronto Inc., and the City.
(2) direct staff to process this application in the normal manner, subject to the applicant submitting the following:
(a) a Site Plan Control Application illustrating the proposed development and its relationship with adjacent residential
housing and the City's facilities. The submission is to include the proposed parking lot for 60 spaces for the Scarborough
Community Complex, and a report examining the impact of the illumination the new proposal may have on the adjacent
residential development and recommending appropriate mitigation measures;
(b) an Official Plan Amendment application to revise height and distance restrictions relative to the building elements
exceeding 20 metres; and to permit a density increase above the present cap of 1600 residential units, should the owner
wish to proceed with conventional apartment and/or townhouse units; and
(c) statement by the Toronto Catholic District School Board advising as to how the children emanating from the Aspen
Ridge subdivision are going to be accommodated in the Board's local elementary schools, if the proposed school is not
developed on Block 8; and
(3) convene a Public Meeting to consider these applications after the above requirements have been satisfied with a target
date for the second quarter of 2000.
Background:
Block 8 is the subject of an Agreement of Purchase and Sale between Aspen Ridge Homes and the Toronto Catholic
District School Board (TCDSB). This is an Agreement to secure a site for a separate school in accordance with the
subdivision approval conditions governing the development of the Aspen Ridge lands. The proposed zoning to permit
Apartment and Multiple-Family Residential, Nursing Homes and Senior Citizens' Apartments, in addition to the permitted
Institutional-Private and Public Recreational uses (IR), has been requested to allow for private development. In addition,
the proposal includes a provision of 60 parking spaces for the neighbouring Scarborough Community Complex (SCC),
should the TCDSB decide not to conclude the purchase of the site. The applicant has advised that pursuant to the
Agreement, the TCDSB may conclude the transaction at any time and in any event not later than December 31, 2000, or the
completion of 900 dwelling units within the subdivision, whichever comes first.
The TCDSB has indicated its agreement with the rezoning application, provided the existing zoning allowing for schools
and educational uses is maintained on the property.
With respect to Block 2, Aspen Ridge Homes has requested that the current zoning be amended to permit, but not require,
the provision of 60 parking spaces for the SCC on this site.
Block 8 forms part of a comprehensive development, which includes apartment and townhouse residential uses, offices,
commercial, separate school, transportation, community and park facilities. 450 townhouses have been constructed on
three blocks between Markham Road and Progress Avenue. Lands on the east side of Progress Avenue, which surround
Block 8, have been developed with the Scarborough Community Complex (SCC) consisting of the Chinese Cultural
Centre, Burrows Hall Recreation Centre with a library, and Rosebank Park (Figure 1). At the present time, the southerly
section of the parking area serving the SCC is located on a temporary basis on Block 8; as well, a portion of the play area
occupies the southerly end of the block. In various development schemes presented in the past to Council and the
community, Block 8 was depicted as a future separate school site, with shared parking and playground facilities.
Lands at the south-east quadrant of Sheppard and Progress Avenues are designated Multiple Use Block (Policy 3.3)
permitting High Density Residential (Policy 3.2), Neighbourhood Commercial Uses and Community Facilities, with the
residential density not exceeding 150 units per net residential hectare. Notwithstanding, Policy 3.2 which applies to high
density residential uses within the subdivision, provides for a maximum net residential density of 150 apartment and
townhouse units per hectare over lands so used to a maximum of 1600 units.
In order to achieve a variety of building heights and to respond to adjacent uses, this density may be consolidated or
transferred within the designated lands, provided the owner of the lands that the density is transferred from consents to
such transfer, and provided the height restrictions are maintained. Separate School and Day Nursery facilities are permitted
in this designation, and shall not be considered a part of the maximum permissible gross floor area.
Neighbourhood Commercial Uses provide for a cluster of commercial facilities serving local populations of up to 10,000
people within an approximate 400 metre radius. At this location, the amount of commercial space is restricted to 1,858
square metres.
The Community Facilities designation encompasses a wide range of facilities which provide a service to the community,
and which make up an integral part of a neighbourhood or community. The permitted uses include, among others, parks,
schools, educational and recreational facilities, libraries, hospitals, specialized residential care facilities, nursing homes,
fraternal organizations and places of worship.
The site-specific policy restricts building height to a maximum of 20 metres, with the exception of decorative roof
elements, which together with the building shall not exceed 26 metres. The said decorative roof elements shall not be
closer than 100 metres from the east property line, 39 metres from the north property line and 39 metres from the west
property line. Prior to rezoning, lighting studies shall be done, the results of which are to be to the satisfaction of the City
with respect to the decorative roof elements.
Lands on the east side of Progress Avenue are zoned for Institutional-Private and Public Recreational Uses (IR) and School
Zone (SC).
Block 2 is designated High Density Residential (Policy 3.2). Limited ancillary commercial uses are also permitted.
Accordingly, the site is zoned for Apartment Residential (A) Zone and Neighbourhood Commercial (NC), permitting 326
apartment units, 2,323 square metres of commercial space, and also requiring the provision of 60 parking spaces for the
Scarborough Community Complex.
There are a number of agreements pertaining to this area that should be taken into consideration when reviewing any new
development proposal on Block 8. These include an Agreement of Purchase and Sale between Aspen Ridge Homes and the
TCDSB, a Tri-Party Agreement between the Chinese Cultural Centre of Greater Toronto Inc. (CCC), the City and Aspen
Ridge Homes, and a Memorandum of Understanding between the City, the CCC and the TCDSB.
Comments:
In January 1995, Scarborough Council approved the rezoning of lands along the east side of Progress Avenue for
Institutional and School Uses to permit a complex which would include recreational, cultural and educational facilities.
Since that time, the City has completed the recreation centre, library and the park. The Chinese Cultural Centre of Greater
Toronto Inc. has constructed the first phase of their facility, with a theatre to be added in the future. The City intends to
incorporate the Classical Chinese Gardens in the northeast section of the park. The school block is the last remaining
vacant part of the development scheme for the lands east of Progress Avenue. Until receipt of the current application, all
material submitted to the City in relation to these lands indicated an elementary school. In effect, past discussions reflected
in various documents, spoke of the benefits stemming from the mutual use of the facilities, including a possible
construction of a double gymnasium, with the City's participation, for the school and community use. To assist the
developer with a speedy registration of the plan, the City agreed in 1996 to the present configuration of Block 8 on the
understanding that with Blocks 7 and 8 being in public ownership, further adjustment to the common boundary may easily
be done to ensure adequate separation between the public buildings and the residential housing to the east and to maintain
visual connection between both parts of the parkland.
In the supplementary material recently submitted, the applicant has modified the proposed rezoning with respect to the
building height component and is now requesting permission for a building height of 20 metres, with the exception of
rooftop mechanical equipment not exceeding 26 metres in combination with the building. The present policy allows the
height exception only with respect to decorative roof elements, and also provides for minimum setbacks from the property
lines for these elements.
The Official Plan policy applicable to the Aspen Ridge subdivision provides for a net density of 150 apartment and
townhouse units per hectare (60 units per acre) to a maximum of 1600 units. It permits a density transfer between the
individual blocks within the designated lands, provided that the owner of the lands that the density is transferred from
consents to such a transfer. The preliminary review of the planning documents indicates that the permitted density cap of
1600 residential units has been already reached, and therefore,
Council may decide to direct the owner to submit the Official Plan Amendment application to permit a residential density
increase, and to reduce the present distance and height limitations with respect to the building elements exceeding 20
metres in height.
The solicitor representing the TCDSB indicated that the Board intends to conclude the Agreement of Purchase and Sale.
The Board is also in agreement with the rezoning application, provided that the existing zoning allowing schools and
educational uses is maintained on the property. Should the TCDSB decide not to complete the Agreement, Council may
wish to require clarification from the Board as to how the children emanating from the subdivision are going to be
accommodated by the existing catholic schools in the area.
As outlined in the Background section of the report, Aspen Ridge Homes is obliged to provide and operate 60 parking
spaces on Block 2 for the benefit of the Scarborough Community Complex patrons. Based on the development scheme
proposed by the owner (Figure 2) and approved by Council, parking for all uses will be accommodated within the podium
structure and underground. Should the TCDSB decline to acquire Block 8, Aspen Ridge Homes would prefer to
accommodate their parking obligations on this block, and has expressed interest in negotiating with the City the proposed
parking relocation. In anticipation of successful negotiations, the owner has requested a zoning change with respect to
Block 2 to substitute the requirement to provide 60 parking spaces for the SCC with a possibility of providing 60 spaces, so
the relevant zoning performance standard would read: minimum 60 parking spaces may (not shall) be provided for uses on
Block 7.
In view of the site's proximity to the existing residential neighbourhood to the east, the proposed rezoning request should
be supported by the submission of the site/landscape plans and building elevations drawings to illustrate how a potential
residential project, including 60 parking spaces for the SCC, could be developed on the site.
The owner's proposal to relocate 60 parking spaces has merit, since parking on the east side of Progress Avenue in
proximity to the facilities will be more convenient for the SCC visitors. It would also permit Aspen Ridge Homes to meet
the contractual obligations at a considerably lower cost, especially if parking is accommodated at grade. Should Council
direct the City staff to negotiate the changes proposed by Aspen Ridge Homes, other agreements and arrangements should
be reviewed and renegotiated at the same time, to ensure that the city and community's interests are protected.
Conclusions:
In all past presentations to the community, Council and staff, lands on the east side of Progress Avenue were depicted as a
location of important public amenities, with the various partnership agreements reflecting this understanding and
expectations. Locating all parking on the east side of Progress Avenue would be convenient for the visitors to the
Scarborough Community Complex which in the future would be further enhanced by the planned addition of the Classical
Chinese Gardens and a theatre. On the other hand, providing 60 parking spaces on the surface on Block 8 as opposed to an
underground garage on Block 2, would allow Aspen Ridge Homes to realise considerable saving, and would remove
significant constraint on future condominium development that Aspen Ridge Homes has planned for Block 2.
Consequently, the proposal to provide 60 spaces on Block 8, should the site not to be developed with a school, has
considerable merit for both parties, and should be pursued. For this reason, I am asking Council to direct staff to negotiate
the necessary changes to the current applicable agreements and the zoning by-law's parking requirements for Block 2. At
the same time, staff should continue with the evaluation of the proposed rezoning relative to Block 8. To assist staff with
the review of this proposal, the owner should be requested to submit a Site Plan Control Application. Should the owner
decide to proceed with development based on the provision of self-contained residential units, as opposed to bedrooms, an
Official Plan amendment should also be required.
Contact:
Anna Czajkowski, MCIP, RPP
Senior Planner
Scarborough Civic Centre
Telephone: (416) 396-7022
Fax: (416) 396-4265
E-mail: czajkows@city.scarborough.on.ca
Ted Tyndorf, MCIP, RPP
Director of Community Planning, East District
List of Attachments:
- Existing Official Plan Consolidation
- Zoning Map
- Rosebank Park & Scarborough Community Complex, Figure 1
- Approved Conceptual Site Plan - Block 2, Figure 2