August 18, 1999

To:Planning and Transportation Committee

From:Acting Commissioner of Urban Planning and Development Services

Subject:Appeal of Scarborough By-law No. 24965 by

Former Municipality of Metropolitan Toronto (W96002)

Birchcliff Community

(Ward 13 - Scarborough Bluffs)

Purpose:

To resolve an intra-municipal appeal outstanding on the files of the Ontario Municipal Board.

Financial Implications:

The allocation of this land for parks purposes will result in foregone revenue of approximately $300,000.00 to $400,000.00. While no immediate additional costs for parks utilization purposes are anticipated, the ultimate improvement of these lands will require the future incorporation of up to $350,000.00 in the Economic Development, Culture and Tourism capital budget.

Recommendations:

It is recommended that:

(1)the former Metro owned lands, shown on the sketch attached to this report, be retained for open space purposes and become part of the City's Park land inventory and be placed under the jurisdiction of the Commissioner of Economic Development, Culture & Tourism;

(2)the Ontario Municipal Board be advised that the appeal of Scarborough By-law No. 24965 is hereby withdrawn;

(3)the Minister of Municipal Affairs and Housing be requested to now approve Scarborough By-law No. 24965 together with that portion of Scarborough Official Plan Amendment No. 972 for which no decision has been made; and

(4)the appropriate City Officials be authorized to take the necessary action to give effect thereto.

 Background:

During 1996, Scarborough Planning staff conducted a land use study of that portion of the former Scarborough Transportation Corridor which runs from Clonmore Drive to St. Clair Avenue. At that time, Metropolitan Toronto owned several single-family homes along the north sides of Clonmore Drive and Hollis Avenue, and on both sides of Kalmar Avenue, as well as some vacant land within the study area.

The study involved public consultation and advice and input from other relevant Scarborough staff, including planners in Recreation, Parks and Culture. The study culminated in a Public Meeting held by Scarborough Council on October 29, 1996. Council adopted the staff recommendations to delete the Special Study Area on the corridor lands, extend the abutting uses into the corridor lands, and introduce new Park, Open Space and Institutional - Public Utilities designations through Official Plan Amendment No. 972. The Amendment (OPA) was implemented by By-law No. 24965 which amended the zoning on the subject site located between Warden and Kalmar Avenue south of the CNR right-of-way to "Major Open Space" (O) (see attached sketch). This property was then owned by Metro Toronto.

Metro Planning staff expressed no objection to the OPA, but did file an appeal against the Zoning By-law as it applied to the Hollis-Kalmar lands. As a result, the Minister did not make a decision on OPA 972 in relation to the subject site.

In addition to providing three grounds for the appeal, the letter from Metro Planning staff went on to request the Minister to confer with Metro prior to issuing his decision on OPA 972. It also stated that staff would be reporting to Metro Council for confirmation of this action, but no such report to Metro Council was ever prepared, and the matter remains a staff-level referral request.

On June 25, 1998, the OMB wrote to the City of Toronto requesting that, given the amalgamation of the two parties to this matter, the City advise the Board as to how it wishes to proceed. Since that time, staff of various departments have visited the site and considered its potential.

Comments:

Planning Context and Topography:

The lands in question lie along the south side of the CN railway main line just east of Warden Avenue. To the south are single family homes fronting on Hollis Avenue, and to the east single family homes on Kalmar Avenue. Currently access is available through a pair of vacant lots on Kalmar Avenue.

While Hollis Avenue is relatively level, Kalmar slopes steeply uphill from Hollis to its intersection with Danforth Avenue. The CNR is at a higher level still as it bridges over Danforth and Warden Avenues. The trains are running well above rooftop level, and from the mapped contours the track level is some 10 m above the level of the Hollis Avenue backyards. Accordingly, the subject site slopes steeply from the rear of Hollis Avenue properties to the CNR right-of-way.

Evaluation:

The existing Official Plan designation on the property is Special Study Area, while the zoning reflects that of the surrounding area which is "Single Family Residential" (S). In 1996, the potential for development was explored with assistance from Urban Design staff. The area of available land was theoretically large enough for 9 single-family lots with 10 m frontages on a 110 m cul-de-sac connection from Kalmar Avenue. However, while 9 lots are theoretically possibly, site constraints suggest that fewer than 9 lots would be more likely. If it is assumed the yield would be in the range of 6 to 8 lots, Real Estate staff advise that potential revenue from a sale is in the range of $300,000.00 to $400,000.00. Moreover, Planning Staff are of the opinion that housing is not a suitable use for these lands.

Staff of the Shelter, Housing and Support Division of Community Services have investigated the potential of the Kalmar-Hollis parcel in view of Council's Housing First Policy. Their advice is that the parcel has little potential and should no longer be considered to advance objectives of the Housing First Policy.

A parks use was investigated and Parks staff have advised that retention of the property as parkland is warranted and desirable. Much of the property appears to be used for local informal recreational pursuits. The property also contains some mature vegetation. The lands are not intensively maintained as parks at present and this practice could continue until park development options are considered in more detail. Future options for making the lands more serviceable as a park could include improved access, additional plantings and a playground apparatus. There would be no operating budget implications if the lands continue to be maintained as they are at present. Future options could include improvements costing up to $350,000.00. Such improvements and associated costs will be considered in the future through the normal Capital Budget process.

On June 17, 1999, the Property Management Committee considered the disposition of this site and approved the retention of these lands for open space purposes, to become part of the City's Park land inventory.

Conclusions:

Given the amalgamation of the former City of Scarborough with the former Municipality of Metropolitan Toronto, the appellants of Scarborough By-law No. 24965 no longer exist, and a hearing cannot properly be held. The OMB wishes to have this matter resolved through a decision of the new City of Toronto Council. Having evaluated the opportunities and hazards present on the affected lands, staff are of the opinion that the lands should be retained for passive open space uses and that both Scarborough By-law No. 24965 and the deferred portion of Scarborough OPA 972 should be upheld. The OMB should be so advised and be requested to order the approval of both amendments adopted by the former Scarborough Council.

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. BedfordJames Ridge

Executive Director and Chief PlannerActing Commissioner

City Planning DivisionUrban Planning and Development Services

   (APPEAL24965)