STAFF REPORT
December 22, 1999
To: Scarborough Community Council
From: Ted Tyndorf
Director of Community Planning, East District
Subject: Supplementary Report
City-Initiated Official Plan Amendment Application SW1994073 and
Zoning By-Law Amendment Application SC-Z19990045 and
Draft Plan of Subdivision SC-T19990014 by Anndale Properties
Lands in and Abutting East Metro Transportation Corridor
Malvern and Rouge Communities, Rouge Employment District and Upper Rouge
Scarborough Malvern
Purpose:
To report as directed to Scarborough Community Council on the outcome of the meeting of affected parties and on the
compensation agreement between Anndale Properties and the Province of Ontario.
Financial Implications and Impact Statement:
None at this time.
Recommendations:
It is recommended that Community Council:
(1) Receive the information contained in this report concerning the 1986 agreement between the Province (Ministry of
Transportation and Communications) and Bavida Enterprises Limited;
(2) Defer consideration of the reports from the Director of Community Planning, East District, dated November 12,
November 25 and November 26, 1999 until its February 15, 2000 meeting, to allow more time for the affected parties to
explore land exchange opportunities.
Background:
At its meeting held on December 2, 1999, Community Council deferred consideration of the two related matters as detailed
below and directed that, in the interim, staff of the Legal Division and the Community Planning Division attempt to obtain
a copy of the compensation document and report thereon to the Community Council and co-ordinate a meeting to involve
the applicant (Anndale Properties Limited), the TRCA, staff of the Rouge Park Alliance, the Ward Councillors and
representatives of the Province in order to discuss the issues respecting the reports dated November 12, November 25 and
November 26, 1999, from the Director of Community Planning, East District, and report the results thereon to the January
18, 2000 meeting.
The first matter before Community Council was a Public Meeting under the Planning Act to consider an Official Plan
Amendment (OPA) for the Scarborough planning area, being a modification to OPA 722 adopted in 1988, which would
remove references to the East Metro Transportation Corridor (EMTC), preserve an option for transportation uses in the
Rouge Community at Conlins Road and Highway 401, and introduce a Regional Natural Environment designation for most
of the former EMTC in the northeast part of Malvern. The amendment would also preserve Low Density Residential uses
on the Anndale property and a small part of the abutting EMTC lands, pending some kind of land exchange or other
mechanism to bring the Anndale lands into public ownership as part of Rouge Park. The Province is opposed to any
portion of the EMTC retaining a residential use permission, as indicated in its submission to the Public Meeting. OPA 722
is under appeal to the Ontario Municipal Board (OMB) and the report dated November 12 recommended a Council
position on the Province's offer to settle. Other appellants and parties to the hearing remain.
The second matter was a Preliminary Evaluation Report on the private applications filed by Anndale to implement the
residential designation through the removal of the existing Agricultural zoning and the approval of a subdivision yielding
34 single family units.
Deputants providing public comments on these applications made reference to an historic contract between Anndale
Properties and the Province, at the time that the EMTC lands were severed and sold to the Province by Anndale, which
compensated Anndale for any adverse impacts on its remaining holdings to the east which might arise from the
construction of the then-planned expressway.
Comments:
Compensation Document
The agreement was entered into on February 11, 1986 between the then Ministry of Transportation and Communications
(MTC) and Bavida Enterprises Limited, the predecessor to Anndale as owner of the 100 acre farm which was severed at
that time. The westerly third of the original farm was developed with the Apple Ridge subdivision of low density homes
along Littles Road and Morningview Trail. Permission has been granted by both sides to bring this private contract
between the Province and Anndale into the public domain.
The top of bank of the Rouge Valley at that time had been staked to determine the extent of the table land which was the
subject of the agreement. Anndale also owned some 10.7 acres (4.3 hectares) of valley land which was not included in
calculations of land value. The EMTC property was valued at $85,000 per acre, yielding a purchase price of about $3
million on the basis of 37.5 acres (15.2 hectares), and this parcel became the property of the Province. Bavida was granted
a lease of a 20 foot (6 metre) strip across the south end of the EMTC for access to its easterly lands, pending construction
of the planned expressway, for a nominal annual sum.
The Bavida lands east of the EMTC and south of the valley were valued at $82,000 per acre and measured as 19.28 acres
(7.8 hectares), while their lands east of the EMTC and north of the valley were valued at $64,765 per acre and measured as
7.3 acres (2.95 hectares). (This latter parcel is the subject of the recent subdivision application.) The resulting value of the
remnant lands was therefore about $2 million, which the Province paid for "injurious affection to the lands . . . due to the
requirements of the Minister and/or construction" but Bavida retained ownership together with low density residential
development rights on the northern part.
The total Purchase Price as agreed was a little over $5 million, which was paid to Bavida in the form of about 90 acres of
land which the Province owned in Brampton, valued at $57,000 per acre.
The City has no interest in this matter, other than to note with the benefit of hindsight that it is unfortunate that the
Province did not take ownership of all of the lands east of the Apple Ridge subdivision property at that time.
Meeting of Affected Parties
A meeting was held on December 21, 1999 at City Hall. In attendance were both Ward Councillors, City Legal and City
Planning staff, representatives of the Ministry of Municipal Affairs and Housing, staff of TRCA and the Rouge Park
Alliance, and representatives of Anndale Properties. The merits and concerns with respect to the proposed subdivision
were discussed, with a particular focus on TRCA comments regarding slope stability along the easterly edge of the
Anndale tablelands. The Ward Councillors together with Rouge Park and TRCA staff strongly support the transfer of the
EMTC lands, under the proposed Regional Natural Environment designation, into park ownership. Anndale would prefer
to be able to develop either the subject lands or lands in the same community currently in public ownership, but are also
prepared to discuss outright sale of the property or compensation in the form of public land elsewhere. A specific land
exchange idea was presented to the Provincial officials and it was agreed that they would hold discussions with their
colleagues and meet further with Anndale and the Councillors if necessary.
Staff expect to be in a position to report on these negotiations at the February 15, 2000, Community Council meeting. If
there are any consequent changes to the current recommendations for an OPA to modify OPA 722, then Legal Services
staff advise that further Notice may be required.
Conclusions:
Approval of the modified OPA 722 or a decision on the Anndale applications for a zoning by-law amendment and a draft
plan of subdivision would be premature at this time, while all the land exchange opportunities remain to be explored
between the City, the Province, and Anndale. Allowing further discussion to proceed until February would potentially
result in a solution which would meet the needs and goals of all the parties, and a decision rendered at that time would still
provide for a City Council position in time for the anticipated OMB hearing in the Spring. If the issues can be resolved
between the above parties, then the scope and length of the hearing will be substantially reduced.
Contact:
Carolyn Johnson, MCIP, RPP
Program Co-ordinator, Transportation Division
Tel: (416)-396-5376
Fax: (416)-396-4265
E-mail: cjohnson@toronto.ca
Ted Tyndorf, MCIP, RPP
Director of Community Planning, East District
List of Attachments:
None. Refer to the November reports for maps and figures.
