Preliminary Evaluation Report

Official Plan Amendment Application SP1998019

Zoning By-Law Amendment Application SZ1998037

Monarch Construction Limited

5039 Finch Avenue and 2627 McCowan Road

Agincourt North Community

Ward 18 - Scarborough Malvern

The Scarborough Community Council recommends:

(1)that the recommendations contained in the following report be struck out; and

(2)that the application by Monarch Construction Limited be refused on the grounds of traffic impact, shadowing and incompatibility with the surrounding area.

The Scarborough Community Council reports having requested that the City Solicitor report directly to City Council on December 16, 1998, on the impact of Section 37 and the issue of incremental bonusing on this site.

Recorded Vote on the adoption of the foregoing motions:

Yeas:Councillors Altobello, Ashton, Balkissoon, Berardinetti, Cho, Duguid, Kelly, Mahood, Moeser -9

Nays:Nil

The Scarborough Community Council submits the following report (December 3, 1998) from the Director of Community Planning, East District:

Purpose:

To permit an increase in density from 470 to 616 residential dwelling units or by 146 dwelling units, and to reduce the indoor recreation floor space requirement from a minimum of 3 square metres (32.2 square feet) to 1.5 square metres (16 square feet) per dwelling unit, for the phased development at the southeast corner of Finch Avenue and McCowan Road as shown on the adjacent map and on

Figure 2.

Financial Implications:

None.

Recommendations:

That Scarborough Community Council:

(1)refuse the applications, in part, for a density which would result in a 19 storey building in Phase 4; but to continue to process the applications for 12 additional units, being the proposed freestanding townhouses in Phases 5a and 5b of the development;

(2)process the Zoning By-law Amendment application for a reduction in indoor recreation space to 1.5 square metres (16 square feet) per dwelling unit;

(3)direct staff to investigate an appropriate height limitation for the residential apartment building in Phase 4;

(4)hold a Community Information Meeting with an expanded area of notice beyond

120 metres (400 feet) from the subject property, as shown on Figure 5, and to the four area Community Associations; the date of the Community Information Meeting to be determined in consultation with the Ward Councillors; and

(5)advise the owner that support for final Site Plan Control approval for any changes to the approved Site Plan would be required.

Background:

The subject property, along with the property at the southwest corner of Finch Avenue and McCowan Road were redesignated and rezoned in November 1990 to facilitate similar developments on each corner. The proposed Official Plan and Zoning By-law Amendments, at that time, sought to increase the overall permitted density from 618 to 1057 residential dwelling units and specifically from 327 to 598 residential units for the subject property. After numerous meetings and negotiations with the community, a total of 808 residential units were permitted, and specifically 470 residential units for the subject property.

The increase in density also resulted in a Section 37 Agreement pursuant to the Planning Act which secured $622,800 towards community improvements within the Agincourt North Community. The improvements included: a pedestrian crosswalk in front of Iroquois Public School, improvements to Iroquois and Chartwell Parks and for the construction of a new library or recreation centre. Payments were made in two installments; the first being a total of $303,300 paid in 1992, and the second for $319,600 paid in July 1998. The latter has not been spent to date. The Section 37 Agreement also required a restrictive covenant to be registered on title in favour of the City for the southerly portion of each corner adjacent to the existing residences. The restrictive covenant secured the land for passive landscaping purposes only. The restrictive covenant along with the Zoning

By-law's 60 metre (197 feet) setback from the proposed 12 storey apartment buildings fronting McCowan Road to the existing low density residences were intended to minimize potential impacts between the development and the residences to the south.

The earlier zoning amendment removed the specific Apartment and Multiple-Family Residential zoned areas on each corner and integrated the permitted uses and densities in order to achieve a comprehensive development scheme of interconnected buildings, with a gradation in building massing from Finch Avenue south and along Finch Avenue towards Exhequer Place and

Sandhurst Circle on the subject property. The integrated densities provided for

124 units per hectare (50 units per acre) for a development scheme that would not have been accommodated by the original zoning.

The 1990 Site Plan Control conceptual approval associated with the previous Amendment applications, included an 18 storey apartment building along Finch Avenue and a 12 storey apartment building along McCowan Road, both of which would be connected by a one storey recreation building at the street corner, and two storey townhouses attached to the apartment buildings fronting Finch Avenue and McCowan Road. Freestanding townhouses would also be provided at the eastern property limits along Finch Avenue and Sandhurst Circle on the subject property.

The southwest corner of the development is complete and consists of two condominium apartment buildings of 18 and 10 storeys, connected by a one storey recreation building. One and two storey townhouses also exist, with the two storey units being attached to the 18 storey building and the one storey units attached to the 10 storey building.

The first phase of development on the southeast corner is under construction for a 19 storey building with attached two storey townhouses and one storey recreation building. Prior to approval being given for a 19 storey building through the Site Plan Control process, community input at the request of Councillor Balkissoon was sought. Community concerns expressed included, among other matters: the shadow impact on Chartwell Park from the existing building(s) on the southwest corner of Finch Avenue and McCowan Road; density; increased traffic experienced since the southwest corner was built; the number of changes made by the owner since the 1990 approval and the number of changes that may still be forthcoming; a desire to obtain a commitment from the owner to build the proposed 12 storey building along McCowan Road at 12 storeys; and, that all phases of the development are governed by one site plan agreement.

Furthermore, support for the proposed one storey increase was sought from the Scarborough Community Council and Council. In May 1998, Council's support was given which entailed the approval of one overall site plan for Phases 3, 4 and 5a and 5b, subject to detailed building elevations and landscaping plans for Phases 4, 5a and 5b, being submitted for the approval of the Commissioner of Planning by way of an amending Site Plan Control Agreement. Phase 4 included a 12 storey building with attached one storey townhouses and Phase 5a included 22 freestanding townhouses. Phase 5b did not contain development. The site plan supported by Council is shown on Figure 2A. Council support was also conditional upon the Site Plan Control Agreement requiring three square metres (32.2 square feet) of recreation spacer per dwelling unit or 1,410 square metres (15,178square feet).

The subject property is designated Medium Density and High Density Residential which by Numbered Policy 2 allows a maximum density of 124 units per hectare (50 units per acre). Medium Density allows a variety of dwelling types including townhouses, low-rise apartments and other such projects to a maximum height of four storeys. Single and semi-detached dwellings are also permitted. High Density Residential allows townhouses and apartments.

The Zoning By-law permits a maximum of 470 units, of which a maximum of 34 units are to be in buildings of three storeys or less in height. Apartment buildings are restricted to a maximum height of 54 m (177 feet). Minimum building setbacks include: three metres (10 feet) from Sandhurst Circle and Exchequer Place; six metres (20 feet) from Finch Avenue and McCowan Road for buildings of three storeys or less and 14 metres (46 feet) for buildings more than three storeys; 50 metres (165 feet) for buildings of three storeys or less and 60 metres (197 feet) for buildings more than three storeys from a Two-Family Residential Zone or Street Townhouse Residential Zone; and three metres (10 feet) for buildings of three storeys or less abutting Sandhurst Circle. A minimum of 1.4 parking spaces per dwelling unit are required of which one space per unit is to be enclosed and a minimum of 0.2 spaces are to be surface visitor parking. A minimum of 3 square metres (32.2 square feet) of indoor recreation floor space is required.

The owner applied for a minor variance (SA206/98) in order to reduce the indoor recreation space requirement to 1.5 square metres (16 square feet) per dwelling unit. Committee of Adjustment, on September 23, 1998, granted a minor variance which was conditional upon providing a minimum indoor recreation space requirement of 2 square metres (21.5 square feet) of per dwelling unit for the subject property. The applicant had the opportunity to appeal the decision of Committee but did not do so. The recently approved variance provides the same indoor recreation floor space requirement for the southwest corner which was approved by the Ontario Municipal Board on February 17, 1997.

Comments:

Potential Concerns

The requested density of 161 units per hectare (65 units per acre) exceeds the High Density Residential density of 150 units per hectare (60 units per acre). While there are other examples of similar or greater densities as proposed within Scarborough, the increases have generally occurred in a comprehensive manner rather than occurring mid-stream within a development scheme. The present request for density increase comes at a time when three out of the five phases within an approved development scheme have been established. Scarborough Council in granting the original comprehensive approval for the project specifically considered and refused higher density for this project.

The development scheme for both the southwest and southeast corner of Finch Avenue and McCowan Road was to provide for similar, complementary, developments. The proposed density increase would be accommodated primarily within a 19 storey building with attached one storey townhouses fronting onto McCowan Road within Phase 4. This proposal is not in keeping with the overall development scheme of providing for a gradation of building massing from Finch Avenue toward the existing low density residential community to the south nor is it consistent with the established development on the southwest corner.

The proposed 19 storey building would also contain one storey attached townhouses similar to the 10 storey building across McCowan Road. The one storey townhouses however would not be proportionate or appropriate to the height of the building.

At the community meeting earlier this year dealing with the one storey increase in Phase 3, concern had been expressed with a reduced amount of sunlight in Chartwell Park. Shadow diagrams were submitted after the subject applications were made. To fully assess the shadow impact of the proposed 19 storey building, additional information on shadows at different daytimes and a comparison of the Phase 4 building at 12 storeys would be required.

The 22 proposed townhouses in Phases 5a and 5b do not conform with the existing Finch Avenue street yard setback requirement or to the building setback requirements from Two-Family Residential or Street Townhouse Residential Zones in the Zoning By-law. Also, for the proposed density 863 parking spaces would be required. The applicant has indicated a total 800 parking spaces, creating a shortfall of 63 parking spaces.

The Site Plan Control approval given earlier this year involved the Site Plan Control application being "bumped up" to Scarborough Community Council and Council. The approval which was given did not indicate any development on Phase 5b. Ten townhouse units are now proposed within this Phase and support from Scarborough Community Council and Council would be required.

A traffic study to support the density increase has very recently been submitted. Upon a cursory review, there do not appear to be any significant traffic issues. Staff would, however, require additional time to complete the review.

The 1990 density increase was approved, in part, because of improvements which would be made to the Agincourt North Community through implementing a Section 37 Agreement. As some of the improvements to the Community have been undertaken, it is uncertain as to what additional improvements could be afforded by another Section 37 Agreement for more density on a property which has already been bonused.

Monarch Construction had requested a reduction of indoor recreation space to 1.5 square metres (16square feet) for a density of 470 dwelling units. The owner had an opportunity to appeal Committee's approval of 2 square metres (21.5 square feet). The request for a further reduction in the recreation ratio now is based on the request for additional units with no corresponding increase in recreation amenity space.

Potential Benefits

The subject property is at the intersection of two major arterials well serviced by public transit. A shopping centre is in close proximity to the development as are other commercial facilities. The proposed density increase would also provide increased tax assessment to the City.

The additional townhouses within Phase 5 are in keeping with the overall development scheme in providing a gradation along Finch Avenue towards the low density residences.

Contact Name:

Sylvia Mullaste, Planner

Phone: (416) 396-5244

Fax: (416) 396-4265

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

The Scarborough Community Council submits, for the information of Council, the following communication (December 8, 1998) from Mark Tutton, Vice President, Land Development, Monarch Construction Limited:

We have had an opportunity to read staff's report of December 3, 1998 which recommends refusal of an application for "a density which would result in a 19 storey building in Phase 4". As there appears to be some uncertainty when this matter will be dealt with, we are taking this opportunity to file written submissions with you. We would also hope to be able to address our concerns at the scheduled meeting later this week.

We are very concerned with the direction staff have taken. Council should be aware that the land on which the building is proposed is currently zoned for a height of 54 metres which equates to the 19 storey building proposed. Although Monarch is prepared to work with the City in respect to site plan matters and design details of the building, it is firmly of the view that the existing 54 metre height limit is reasonable and appropriate for the site. We would also note a setback of 60 metres was determined in relation to the adjacent low density housing as was the requirement for berming and substantial landscaping.

As discussed in our application, the requested density derives in part from changed circumstances including now available access to at least one of the arterial roads and public policy considerations applicable to locations which benefits of the very high accessibility and the amount and range of services enjoyed by this one.

As stated earlier, we are hoping to be in a position to address the Community Council later this week. Our inquiries with the Scarborough Clerk's Office indicate that we are item number 38 on the supplementary agenda; however, it is uncertain when over the 2 day Council meeting this matter will be heard. We would be hopeful that the matter might be left until late in the meeting, possibly after 1:00 p.m. on Wednesday, December 9th or any time on Thursday, December 10^th.

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Mr. Roger Elliot, Counsel for Monarch Construction, appeared before the Community Council in connection with the foregoing matter and expressed Monarch's opposition to the staff recommendation.