Preliminary Evaluation Report

(Ward 18 - Scarborough Malvern)

The Scarborough Community Council recommends that City Council:

(1) strike out the recommendations contained in the following report; and

(2) refuse the Zoning By-law Amendment Application SC-Z19990033 by Aspen Ridge Homes (Markham Gardens) Inc., on the grounds that it is premature.

The Scarborough Community Council submits the following report (December 20, 1999) from the Director of Community Planning, East District:

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) a 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 north-east 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

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Mr. Lorne Ross, Lorne Ross Planning Services Inc., appeared before the Community Council in connection with the foregoing matter.