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May 28, 1999

To:Planning and Transportation Committee

From:Commissioner of Urban Planning and Development Services

Subject:Recognition of Rouge Park and Deletion of East Metro Transportation Corridor

Appeal of Scarborough Official Plan Amendments 722 and 990 (W94073)

Malvern, Rouge and Upper Rouge Communities and Rouge Employment District

Scarborough Malvern

Purpose:

To consider a settlement offer by the Province of Ontario to withdraw its appeals in return for certain modifications to the underlying designations in Official Plan Amendment 722.

Figure 1 illustrates the areas affected by the two appeals. The Malvern parcel lies south of Finch Avenue and Sewells Road, the Sheppard site is on the south side of Sheppard Avenue west of Meadowvale Road, and the Conlins site is on the north side of Highway 401, all shown in dark shading.

Financial Implications:

None at this time.

Recommendations:

It is recommended that Council:

1.Agree to the Ministry of Municipal Affairs and Housing (MMAH) proposal to replace the EMTC designation on the larger portion of the Malvern parcel with Regional Natural Environment, instead of Low Density Residential Uses as proposed through Official Plan Amendment (OPA) 722;

2.Endorse the withdrawal of Ministry of Transportation (MTO) objections to OPA 722 on the Sheppard site (Rouge Employment District);

3.Modify OPA 722 as it applies to the Conlins site (Rouge Community) to allow for a possible future interchange between Highway 401 and the Morningside Extension, by deleting all references to the EMTC and replacing numbered policy 2 with the following:

2.North Side of Highway 401, East of Conlins Road

If the subject lands are not required for transportation purposes in the future, the land may be used for Low Density Residential purposes without further amendment to this plan.

4.Direct staff to consider appropriate revisions to the Roads Plan and the affected Secondary Plans to address both the adoption of OPA 990, which deletes the Finch Realignment, and the preferred road pattern in the Morningside-Finch-Staines area arising from the Morningside Heights Draft Plan of Subdivision;

5.Direct the City Solicitor to support this position at up-coming hearings of the Ontario Municipal Board and during negotiations with the parties to the hearings.

History:

Figure 2, taken from the Markham-Scarborough Transportation Link Environmental Assessment Proposal draft report of 1995, illustrates the regional context and major land holdings in the area.

During the 1970's, the Province of Ontario was very active in planning land use and making provision for housing and development. The Malvern Project was designed and built, and the Toronto Centred Region Plan was developed to encourage growth east of Metropolitan Toronto. In conjunction with Federal Government plans for an airport in northern Pickering, the North Pickering Project was defined. The Province purchased and expropriated 25,000 acres (10,000 hectares) of rural land in northeast Scarborough, eastern Markham and north Pickering to be administered by the North Pickering Development Corporation. A Ministerial Zoning Order, Ontario Regulation 20/74, was enacted to restrict land use basically to the uses existing at the time. (This Order was intended to be temporary until local plans and zoning by-laws were in place to protect the Provincial planning goals.)

In the same era, the Parkway Belt Plan provided for Highway 407 as far east as Highway 48 (Markham Road), and the North Pickering Project - Summary of Recommended Plan the extension of Highway 407 east from Highway 48 into Durham Region, and an alignment for the East Metro Freeway through the Provincial land assembly to Highway 407 and continuing southward, ending in an arrow pointing south between the eastern edge of the Malvern Project limits and the western edge of the Metro Zoo site. Scarborough Council gave conditional support to the proposed road, on condition that it was built by 1985. Detailed design drawings were produced in 1980 for the MTO.

In recognition of Provincial planning for the freeway, the East Metro Transportation Corridor (EMTC) was designated in the 1980 Metro Official Plan, although the Metro Plan also included a policy stating that the Corporation did not support construction of any additional expressways (apart from an extension to Highway 427). The Plan also designated northeast Scarborough as a Special Study Area with uses restricted to those permitted under Ontario Regulation 20/74.

The Malvern Project was incorporated into the Scarborough Official Plan, and in 1983, the Malvern Community Plan was revised to recognise the EMTC along the eastern part of Neighbourhood 3, as well as the then proposed realignment of Finch Avenue to follow the south side of the CPR as designated in the Metro Plan.

Background:

In 1984, Scarborough initiated the North East Scarborough Land Use Study "to establish the long-term land use for this provincial land bank and environmentally sensitive area". The study was completed after 4 years of intensive work on a variety of topics including transportation, archaeology and natural environment. The existing Roads Plan was reviewed and some changes suggested which would achieve arterial road links into Markham and Pickering while having the least possible impact on the environment.

In April 1988 Scarborough Council voted to no longer support the retention of the EMTC within the City's boundary, as a result of a staff review of the Provincial Environmental Assessment Study for the proposed freeway. Scarborough staff found no justification for a freeway to be built in the proposed location, and expressed concern that the preferred alignment would have crossed the Rouge River at the Finch Meander, which is one of the most environmentally significant areas of the Rouge River System. The Province did not proceed further with the EA at that time.

The North East study culminated in the adoption on August 24, 1988 by Scarborough Council of OPA 721 which sought to create the Upper Rouge Secondary Plan with associated policies and land use designations. Most of the land was to be designated Regional Natural Environment. At the same meeting, OPA 722 was also adopted which would have deleted all references to the EMTC from the relevant Secondary Plans.

OPA 721 was referred to the Ontario Municipal Board (OMB) by several development companies with land holdings within the affected area, and by Durham Region. OPA 722 was referred to the OMB by Durham Region and more recently by York Region as well.

Comments:

Rouge Park

All of the land use planning and land assembly carried out by the Province during the 1970's for another purpose ultimately allowed the establishment of Rouge Park in 1990. At that time, the Minister announced that there would be no new roads south of Steeles Avenue through Rouge Park within its boundaries as defined on March 26, 1990.

Rouge Park is currently administered by the Rouge Alliance, which is a body represented by members drawn from the affected municipalities and agencies and supported by a small staff. The park is operated under the Rouge Park Management Plan which was released by the Province in May 1994. This Plan covers the area of the park from Steeles Avenue to the Rouge River estuary at Lake Ontario, while work continues on a plan for the proposed park expansion to the north. The plan recognises privately-owned lands located within the park boundaries, and its policies do not apply to them.

The OMB hearing for OPA 721 finally convened in 1995. Due to the establishment of Rouge Park in the intervening period since the adoption of OPA 721 in 1988, some of the policies had to be modified. As well, special arrangements were needed for some of the private landowners within the area. Transportation matters were not addressed. The decision was issued on September 15, 1995, which substantially approved the original OPA. Subsequently, a zoning by-law to implement the OPA was prepared and approved. The only outstanding matter on this file is the repeal of the Minister's Zoning Order 20/74, which is no longer needed. The necessary Cabinet decision has been pending now for several years.

The Province continues to support its 1990 policy of no new roads through Rouge Park south of Steeles Avenue.

Disposal of Surplus Provincial Lands

Meanwhile, the Province through its real estate arm the Ontario Realty Corporation (ORC) has begun to sell off portions of its holdings acquired in the 1970's and not required for Seaton or other public purposes. Lands in Markham are now being privately developed for the Cornell project. Parts of the Agricultural Reserve in Durham are also intended to be sold in parcels smaller than the 40 acre minimum currently required by the Regional Official Plan, and Durham's refusal to waive the lot size limit due to concerns with development pressure on the farming area is also before the OMB. However, the MTO continues to hold onto its EMTC lands.

Transportation Facilities

The Durham Official Plan supports a "north-south freeway connection between Highway 401 and Highway 407 in the City of Scarborough and the Town of Markham". Several studies have quantified the travel demand in terms of vehicle trips in the morning peak hour. In 1994, the MTO conducted two reviews of travel demand between Highways 401 and 407 within the "Morningside Corridor". All studies have concluded that more capacity is needed.

In 1995, Scarborough and Metro Toronto participated with Markham and the MTO in an Environmental Assessment Proposal study for a possible Markham/Scarborough Transportation Link. The purpose of the study was to define the scope of a follow-on EA Study by eliminating possible alignments which would be infeasible or unacceptable for various reasons. The Provincial policy on roads through Rouge Park led to the elimination of several otherwise technically sound alignments.

The study report came before Scarborough Council in September, 1995 with staff recommendations to arrange for wide public consultation on the findings and report further on any required changes to the study document. Council tabled the report and requested further information on the position of the Province concerning funding for the continuing process, the status of Seaton and Cornell, and possible modifications to the design of Highway 407. In March 1996 the decision was made not to proceed any further with a 401/407 link as it became clear that there would be little or no Provincial funding available for the follow-on EA Study and the construction costs. By way of contrast, the Town of Markham endorsed the EA Proposal study in 1995.

Discussion:

Morningside Heights

At the time of the decision not to support the 401/407 link, it was known that a decision would be required on applications to develop the lands known as Morningside Heights, and that road access issues would be part of the assessment. The City-initiated OPA 974 (January 1997) imposing a Special Study Area designation on the Morningside Heights lands was appealed to the OMB by the landowners. The hearing, which was held in the Fall of 1998, dealt with the land use and transportation issues in the area. Due to their concerns with the 401/407 link alignment options around Morningside Avenue, York and Durham Regions and the Town of Markham were parties to the hearing, as was the Province of Ontario.

The decision rendered in February 1999 provided for a Morningside Avenue extension in a 36 m right-of-way through part of the Morningside Heights lands, dead-ending at a point within the Secondary Plan area, and with no extension beyond that point permitted without further study. One condition was that an Environmental Assessment Study for the northerly extension to Steeles Avenue be submitted for approval by December 31, 2005, or Terms of Reference for such a study be submitted for approval by December 31, 2004. Failing such submissions, the further extension of Morningside Avenue to Steeles Avenue may be completed through the plan of subdivision process.

(See Figure 3).

Official Plan Amendment 990

The North East Scarborough Land Use Review had reached certain conclusions with respect to roads in the area and the consequent changes required to the Roads Plan of the Scarborough Official Plan. However, only the land use recommendations were brought forward at that time to become OPA 721, due to uncertainty surrounding some major transportation initiatives in the area. With the decision on OPA 721 in September 1995, which designated the lands Regional Natural Environment, together with Provincial policy on Rouge Park and the conclusion of the 401/407 link matter, Scarborough Council in early 1997 agreed to a review of the Roads Plan in the north east.

The conclusion of this review was that to respect the nature of Rouge Park and its recreational functions, the existing roads should remain as they are constructed today: narrow, winding, with rural cross-sections and several at-grade rail crossings or narrow bridges. Previously planned links, grade-separations and bridge improvements should not be completed. However, wider rights-of-way (27 m) should be retained to accommodate walking and cycling lanes or trails along the road alignments. This conclusion was endorsed by Scarborough Council through its adoption of OPA 990 in June 1997.

The neighbouring municipalities appealed this OPA to the OMB, again due to concerns with protection of options for the 401/407 link, as well as the perceived loss of potential cross-boundary road capacity. This matter has been consolidated by the OMB with the appeals of OPA 722.

Meetings of the Parties to Date

The OMB ordered that a pre-hearing conference be held on October 27, 1998 to identify the parties and participants, explore the issues, and begin to organise the hearing procedure. The meeting was attended by representatives of York and Durham Regions, MMAH, City of Toronto, Morningside Heights Landowners Group and two environmental groups.

In March 1999, a staff-level meeting was held, including MMAH, MTO, the Rouge Alliance chair and City Planning staff, to discuss options for a settlement. While some land exchange ideas were explored, no agreement was reached.

Later, on March 29, 1999, the OMB reconvened and new parties were recognised, namely the Town of Markham, Anndale Properties Limited and McAsphalt Industries Limited. Markham supports the York Region position in seeking a 401/407 link through the area. As illustrated on Figure 4, Anndale owns land immediately abutting the EMTC to the east. Through the OMB decision on OPA 721 the property received some limited development rights. Over half of the property is located below the top of bank of the Rouge valley, while compensation has been paid for the loss of development potential on the south table land. Only the north part with frontage on Finch Avenue is in contention. McAsphalt owns land north of Sheppard Avenue between Conlins Road and Dean Park Road, which would be impacted by the southerly portion of the EMTC or any Morningside Avenue Extension to a new interchange with Highway 401 near Conlins Road. A mixed industrial and office subdivision was approved on the property in 1993, but has not been developed so far. The site has been improved with a portion of one of the new roads and a golf practice facility.

At this second pre-hearing, the Ministry of Municipal Affairs and Housing, on behalf of all Provincial interests, submitted a letter to the City of Toronto offering a new position. It has no objection to OPA 990, and has no further interest in the Sheppard site included in OPA 722. The Ministry wishes to continue to protect the Conlins site for transportation uses related to a possible connection of Morningside Avenue to Highway 401, but is prepared to accept the deletion of the EMTC notation. For the Malvern parcel included in OPA 722, the Ministry will accept the deletion of the EMTC notation in return for both:

1. A Regional Natural Environment designation rather than a Low Density Residential designation, so that the lands may be transferred to Rouge Park; and

2.The retention of transportation uses on the Conlins parcel.

This is a significant improvement on the earlier Provincial position, and should be supported with reservations relating to the Malvern parcel.

The parties to the hearing met again on April 27, 1999 at the MMAH offices. One important fact which came to light was the private ownership, by McAsphalt, of the south part of the now abandoned CP rail spur running down the east side of Morningside Avenue and into the Miller Paving part of the McAsphalt lands. McAsphalt maintains strongly that if a road alignment is to be protected on the property, then it must be acquired by a public agency. Any such alignment would then affect the location of already-approved internal subdivision roads on the lands.

Anndale's property is "sandwiched" within Rouge Park, and any development on the tableland fronting on Finch Avenue would become an anomaly. Anndale would like to pursue a land exchange with the Province for part of the EMTC corridor contiguous to existing development, with a Low Density Residential designation in place, so that the park would enjoy a contiguous expansion and the new development could become part of the Malvern Community. City and Rouge Alliance staff support this planning rationale: the exact location of a suitable parcel for exchange has yet to be decided from among the options available, and the involvement of Rouge Alliance staff is necessary. A further question concerns the availability of other Provincial land which could be offered up for exchange. The settlement of funding for the purchase of the Glen Eagles site on the edge of Rouge Park further south has been cited as a precedent.

York and Durham Regions and the Town of Markham all support protection of a new arterial road in the Morningside Corridor. The Morningside Heights decision provided for an Environmental Assessment study to be undertaken for a route to Steeles Avenue, and the neighbouring municipalities may looking for a similar solution to the southerly link to Highway 401.

A further meeting, with Rouge Alliance staff present, is to be scheduled in mid-June, once a staff position on this report is available.

Conclusions:

The Province remains committed to the protection of Rouge Park and its position that no new roads are to be permitted through the park south of Steeles Avenue as defined in March 1990. This commitment was illustrated by the April 15, 1999, announcement by Minister Snobelen of an expansion of the park designation north of Steeles Avenue along the Little Rouge Creek and around the Milne Dam in Markham.

As well, in its letter of March 24, 1999, the Province agrees to the removal of the EMTC designation contemplated by OPA 722, and does not object to OPA 990, which protects the rural nature of the Rouge Park road network. The only remaining issue with the Province is the resulting designation of the Malvern and Conlins parcels. Pending a resolution of the Morningside Avenue extension, it is appropriate to continue to protect the Conlins parcel for transportation uses.

It is in the public interest to achieve the resolution of issues which can be agreed upon, in order to minimise, or even avoid altogether, the costs of a full OMB hearing later this year.

Contact Name:

Carolyn Johnson, MCIP, RPP

Program Co-ordinator, Transportation Division

(416)-396-5376

(416)-396-4265 Fax Number

cjohnson@city.scarborough.on.ca

________________________________________________________________

Paul J. BedfordVirginia M. West

Executive Director and Chief PlannerCommissioner

City Planning DivisionUrban Planning and Development Services

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