Official Plan Amendment Application SC-P1999014

(Ward 18 - Scarborough Malvern)

The Scarborough Community Council, after considering the deputations and based on the finding of fact, conclusions and recommendations contained in the report, dated January 10, 2000, from the Director of Community Planning, East District, recommends that the report of the Director of Community Planning, East District, be adopted, subject to the following amendments:

(1) under (A) Official Plan, Recommendation No. (1) (a), delete the words "Pedestrian Grade Separation (across the CPR)" east of Tapscott Road and", so that Recommendation (a) shall now read as follows:

"(a) deleting the following land use designations:

High Density Residential, Office Uses, Transportation Uses, District and Community Park and the Pedestrian Grade Separation (across McLevin Avenue);

and substituting therefor the following land use designations:

Low Density Residential - RL, Medium Density Residential - RM, High Density Residential - RH, Open Space, Community Facilities and Medium Density Residential - RM and Open Space west of Tapscott Road;"

(2) under (C) Draft Plan of Subdivision SC-T19990011:

(a) delete conditions (10) and (11);

(b) substitute in lieu of condition (10), the following:

"(10) the owner shall be required to provide sufficient land in the approximate area of Block 19 for storm water quantity treatment satisfactory to the Commissioner of Works and Emergency Services, and the owner is required to make a cash contribution as deemed satisfactory to the Commissioner of Works and Emergency Services for the runoff generated from the subject property. In the event that Council adopts a policy respecting cash-in-lieu of storm water facilities prior to the execution of the subdivision agreement, said policy shall apply;";

(c) amend condition (19) by inserting the following words after the word "meter" in the second line: "or submit an appropriate buffering plan in the event such gas regulation meter is not relocated", so that condition (19) shall now read as follows:

"(19) the owner shall agree to make satisfactory arrangements with Enbridge Consumers Gas, including the relocation of the existing gas regulation meter, or submit an appropriate buffering plan in the event such gas regulation meter is not relocated, prior to final registration of Block 11;";

(d) delete conditions Nos. (31), (38) and (39) regarding the pedestrian overpass;

(e) add the following new conditions:

(i) the owner shall provide for a walkway through Block 9 to Tapscott Road and a walkway through Block 11 to Neilson Road satisfactory to the Commissioner of Works and Emergency Services and the Noise and Vibration Feasibility Impact Report be revised to reflect the inclusion of these walkways; and

(ii) for Lots with rear lot drainage and catchbasins, owners with lands abutting these Lots along the rear property lines shall have common drainage easements registered on title satisfactory to the Commissioner of Works and Emergency Services; and

(f) renumber the conditions under (C) Draft Plan of Subdivision SC19990011 in accordance with the foregoing amendments so that from condition (10) onwards they now read as follows:

"(10) the owner shall be required to provide sufficient land in the approximate area of Block 19 for storm water quantity treatment satisfactory to the Commissioner of Works and Emergency Services, and the owner is required to make a cash contribution as deemed satisfactory to the Commissioner of Works and Emergency Services for the runoff generated from the subject property. In the event that Council adopts a policy respecting cash-in-lieu of storm water facilities prior to the execution of the subdivision agreement, said policy shall apply;

(11) the Owner shall be required to revise the plan of subdivision to provide for turning lanes on McLevin Avenue at Tapscott Road satisfactory to the Commissioner of Works and Emergency Services;

(12) the Owner shall be required to revise the plan of subdivision to provide for 0.3 metre (1 foot) reserves across the frontage of Neilson Road, McLevin Avenue and Tapscott Road;

(13) the Owner shall prepare the final plan of subdivision in metric units related to the Ontario Co-ordinate System and shall submit a digital copy of the plan to the Commissioner of Works and Emergency Services;

(14) prior to the registration of the subdivision plan, the Owner shall submit a clearance letter from the Radioactive Waste Management Office that the subject property has been cleaned of all low level radioactive waste;

(15) the Owner shall satisfy all requirements, financial and otherwise, of the Commissioner of Works and Emergency Services including, among other matters, selected inspection fees and the provision of geodetic and aerial surveys;

(16) the Owner shall enter into an agreement with Toronto Hydro regarding the installation of an underground hydro facilities, as well as other provisions as deemed appropriate by Toronto Hydro;

(17) the Owner shall agree to make satisfactory arrangements, financial and otherwise, with Bell Canada including the granting of any easement that may be required for telecommunications services;

(18) the owner shall agree to make satisfactory arrangements with Enbridge Consumers Gas, including the relocation of the existing gas regulation meter, or submit an appropriate buffering plan in the event such gas regulation meter is not relocated, prior to final registration of Block 11;

(19) the Owner shall submit a tree streetscape plan, tree planting plan, landscape plan and an edge management plan (detailing methods of tree protection and mitigating measures of possible adverse impacts on trees adjacent to the limits of construction) satisfactory to the Commissioner of Economic Development, Culture and Tourism and the Commissioner of Works and Emergency Services;

(20) the Owner shall contact the Commissioner of Economic Development, Culture and Tourism regarding the requirements of the Tree Protection and Conservation By-law No. 25150 prior to the removal of trees from the development site which are over 30 centimetres (12 inches) in diameter for those lands not being conveyed to the City of Toronto;

(21) the Owner shall satisfy the Commissioner of Economic Development, Culture and Tourism, financial and otherwise, regarding all tree planting and maintenance of boulevard trees with the exception of McLevin Avenue;

(22) the Owner shall agree to the construction of a berm, or combination berm and noise attenuation fence, having extensions or returns at the ends on Blocks 1, 2, 9 and 11 parallel to the railway right-of-way and adjacent to Tapscott Road with construction according to the following:

(a) minimum total height of 2.5 metres (8 feet) above the top-of-rail;

(b) berm minimum height of 2.5 metres (8 feet) and side slopes not steeper than 2.5 to 1;

(c) fence, or wall, to be constructed without openings and of a durable material weighing not less than 20 kilograms per square metres (44 pounds per square feet) of surface area;

(d) no part of the berm or noise barrier is to be constructed on railway property;

(23) the Owner shall bear the full construction costs of the berm, or combination berm and noise attenuation fence;

(24) the Owner shall locate the acoustical fence(s) adjacent to Tapscott Road satisfactory to the Commissioner of Works and Emergency Services;

(25) the Owner shall include in all offers of purchase and sale or lease, and be registered on title or included in the lease for each dwelling affected by any noise and vibration attenuation measures, a clause advising that any berm, fencing or vibration isolation features implemented are not to be tampered with or altered, and that the Owner and successors in title shall have the sole responsibility for and shall maintain these features;

(26) the Owner shall include in all offers of purchase and sale or lease and in the title deed or lease of each dwelling within the 300 metres (1,000 feet) of the railway right-of-way, a clause warning prospective purchasers or tenants of the existence of the Canadian Pacific Railway's operating right-of-way; the possibility of alterations including the possibility that the Railway may expand its operations, which expansions may affect the living environment of the residents notwithstanding the inclusion of noise and vibration attenuating measures in the design of the subdivision and individual units, and that the Railway will not be responsible for complaints or claims arising from the use of its facilities and/or operations;

(27) the Owner shall ensure that any proposed alterations to the existing drainage pattern affecting the railway property must receive prior concurrence from the Canadian Pacific Railway, and be substantiated by a drainage report to be reviewed by the Canadian Pacific Railway;

(28) the Owner shall enter into a Development Agreement with Canadian Pacific Railway Company satisfying all requirements, financial and otherwise, of the Railway;

(29) the Owner shall implement recommendations contained in the Noise and Vibration Impact Feasibility Report by J.E. Coulter Associates Ltd., dated July 15, 1999;

(30) in the event that Block 9 shall be developed for a school, the Owner shall be required to submit a revised Noise and Vibration Impact Feasibility Report detailing noise and vibration mitigation requirements;

(31) engineering drawings shall be provided, at no cost to the City of Toronto, satisfactory to the Commissioner of Works and Emergency Services;

(32) the Owner shall name the road allowances included in this draft plan of subdivision satisfactory to the Commissioner of Works and Emergency Services;

(33) the subject land is to be zoned in accordance with the uses proposed on the draft plan prior to the registration of the plan;

(34) the owner shall make arrangements satisfactory to the Toronto District School Board for the acquisition of Block 9 for elementary school purposes;

(35) the Owner shall agree, in the subdivision agreement, to include in all offers of purchase and sale or lease, the following warning clause for a period of 10 years after registration of the subdivision plan:

"Despite the best efforts of the Toronto District School Board, sufficient accommodation may not be locally available for all students anticipated from the development area and that students may be accommodated in facilities outside the area and that students may later be transferred.

The purchasers or tenants agree for the purpose of transportation to school, if busing is provided by the Toronto District School Board, that children will not be bused from home to school and/or from school to home, but will meet the bus at designated locations in or outside of the area.";

(36) the Owner shall revise the draft plan of subdivision to delete Block 17 and Block 18 from the plan;

(37) the proponent shall carry out an archaeological assessment of the subject property and mitigate, through preservation or resource removal and documentation, adverse impacts to any significant archaeological resources found. No grading or other soil disturbances shall take place on the subject property prior to the Ministry of Citizenship, Culture and Recreation confirming that all archaeological resource concerns have met licensing and resource conservation requirements;

(38) the owner shall provide for a walkway through Block 9 to Tapscott Road and a walkway through Block 11 to Neilson Road satisfactory to the Commissioner of Works and Emergency Services and the Noise and Vibration Feasibility Impact Report be revised to reflect the inclusion of these walkways; and

(39) for Lots with rear lot drainage and catchbasins, owners with lands abutting these Lots along the rear property lines shall have common drainage easements registered on title satisfactory to the Commissioner of Works and Emergency Services."

The Scarborough Community Council further recommends that City Council:

(1) direct that the applicant shall provide lands across Blocks 9 and 11 sufficient to provide a pedestrian walkway provided that Canada Lands Company shall have no obligation towards the construction and maintenance of such walkways; such walkways to be provided at the time of Site Plan Approval; and

approve the following recommendations, subject to report to the Policy and Finance Committee from the Chief Financial Officer and Treasurer as to the budgetary implications, and the Commissioner of Economic Development, Culture and Tourism, as to the parks levies:

(2) that the City shall forthwith repay to Canada Land Company $100,000.00 being the sum prepaid for park levies pursuant to an agreement made the 31^st day of October, 1986, between the Ontario Land Corporation and the Corporation of the City of Scarborough related to these lands as contained in Paragraph 6(b) of the said agreement;

(3) that the Subdivision Agreement shall provide that there shall be no further levies attributable in cash or kind toward park levies. A further provision shall provide for the nullification of Paragraph 6(a) of the aforementioned agreement with respect to the requirement for $400.00 per unit on future residential development; and

(4) that in recognition of the significant financial contributions in cash and kind over and above the normal requirements, Council shall exempt such lands from development charges.

The Scarborough Community Council reports having held a statutory public meeting on January 18, 2000, in accordance with Section 17 and Section 34 of The Planning Act and the regulations thereunder.

The Scarborough Community Council submits the following report (January 10, 2000) from the Director of Community Planning, East District:

Purpose:

To recommend approval of applications to amend the Official Plan of the former City of Scarborough and Zoning By-law No. 14402 for the Malvern Community, and to approve a draft plan of subdivision for Canada Lands Company, for 16 hectares (40 acres) north of McLevin Avenue and east and west of Tapscott Road

The proposed amendment would replace the existing High Density Residential, Office Uses, Transportation Uses and District and Community Park designations in the Official Plan and the "Agricultural-Residential" and "Major Open Space - District Park" zoning to permit the development of 70 semi-detached units, 119 street townhouses and 404 townhouses in blocks.

Financial Implications and Impact Statement:

None at this time.

Recommendations:

It is recommended that City Council:

(A) Official Plan:

(1) amend the Malvern Community Secondary Plan with respect to the property bounded by McLevin Avenue and the Canadian Pacific Railway (CPR), east and west of Tapscott Road, as shown on Figure 2, by:

(a) deleting the following land use designations:

High Density Residential, Office Uses, Transportation Uses, District and Community Park and the Pedestrian Grade Separation (across McLevin Avenue)

and substituting therefor the following land use designations:

Low Density Residential - RL, Medium Density Residential - RM, High Density Residential - RH, Open Space, Community Facilities and Pedestrian Grade Separation (across the CPR) east of Tapscott Road and Medium Density Residential - RM and Open Space west of Tapscott Road;

(b) adding a new Numbered Policy 9 as follows:

"9. North Side of McLevin Avenue, both sides of Tapscott Road

That a school and site as defined under The Education Act, as amended, and under the jurisdiction of the Toronto District School Board, the Toronto Catholic District School Board, or Le Conseil des Ecoles Francaise de la Communaute Urbaine de Toronto, shall be permitted on any part of the property bounded by McLevin Avenue, Neilson Road, the Canadian Pacific Railway (CPR) and McLevin Community Park.";

(c) adding a new Numbered Policy 10 as follows:

"10. East Side of Tapscott Road, North Side of McLevin Road

South Side of the C.P.R.

The Medium Density Residential designation shall include the following dwelling units: semi-detached, street townhouses, townhouses and multiple family dwellings to a maximum net residential density of 36 units per hectare (13 units per acre).";

(d) adding a new Numbered Policy 11 as follows:

"11. North West Corner of McLevin Avenue and Tapscott Road

The Medium Density Residential designation shall include the following dwelling units: semi-detached, street townhouses, townhouses and multiple family dwellings to a maximum net residential density of 54 units per hectare (22 units per acre).";

(e) adding a new Numbered Policy 12 as follows:

"12. West Side of Neilson Avenue, South of the C.P.R.

The High Density Residential designation shall include townhouses and multiple family dwellings, but not apartment units to a maximum net density of 154 units per hectare (56 units per acre).";

(f) adding a new Numbered Policy 13 as follows:

"13. North East Corner of McLevin Avenue and Tapscott Road

A stormwater management facility shall be permitted.";

(2) amend the Road Plan, Schedule "C" of the former City of Scarborough's Official Plan by reducing the right-of-way for McLevin Avenue between Tapscott Road and Neilson Road from 30 metres (98 feet) to 27 metres (89 feet).

(B) Zoning By-law:

direct Urban Development Services staff to bring forward an implementing zoning by-law after the recommendations of Council respecting the draft plan of subdivision;

(C) Draft Plan of Subdivision SC-T19990011:

support approval of the Draft Plan of Subdivision SC-T19990011, by Canada Lands Company, for lands on the north side of McLevin Avenue, east and west of Tapscott Road, subject to the following conditions:

Plan as stamped "Recommended" on this date (Figure 2);

(1) the Owner shall enter into a subdivision agreement with the City of Toronto;

(2) the Owner shall make satisfactory arrangements with the City of Toronto regarding:

(a) the conveyance of Blocks 12 to 14, inclusive, to the City of Toronto in undisturbed condition;

(b) the conveyance to the City of Toronto of Blocks 15 and 16 for park or other public recreational purposes;

(c) a restrictive covenant on Lots 7 and 8, Lots 15 to 17, inclusive, Lots 18 to 23, inclusive, Blocks 7, 9 and 10 prohibiting the installation of any form of screening or fencing along abutting property lines which abut Blocks 12 to 16 inclusive other than the standard fencing required by the City;

(d) a restrictive covenant on Lots 20 to 23 inclusive and Blocks 7, 9 and 10 prohibiting the construction of gates and private accesses to the woodlots;

(e) the conveyance to the City of Toronto of streets, road widenings and street improvements, as required by the Commissioner of Works and Emergency Services;

(f) the conveyance to the City of Toronto of all services and easements as required by the Commissioner of Works and Emergency Services; and

(g) the conveyance of all lands to the City of Toronto shall be free and clear, above and below grade, of all easements, encumbrances and encroachments, except those existing already on the lands that are for the benefit of the City;

(3) the Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities;

(4) the Owner shall be responsible for an environmental assessment of Blocks 15 and 16 prior to their conveyance to the City of Toronto and any associated costs or remediation works required as a result of that assessment. Such assessment or remediation shall ensure that Blocks 15 and 16 will, at the time of conveyance, meet all applicable laws, regulations and guidelines respecting site to be used for public park purposes including City of Toronto policies respecting soil remediation of sites to be acquired by the City, such opinion to be prepared by a qualified environmental consultant acceptable to the Medical Officer of Health;

(5) the Owner shall be responsible for the base construction and installation of the park on Blocks 15 and 16 which includes the following: grading, sodding, positive drainage, electrical and water connections to the street line; such work to be completed satisfactory to the Commissioner of Economic Development, Culture and Tourism;

(6) the Owner shall pay all costs associated with the conveyance of Blocks 12 to 16, inclusive, such as Land Transfer Tax and the preparation and registration of all relevant documents;

(7) the Owner shall provide the abutting Tapscott Road and McLevin Avenue watermain service improvements to include the extension of the existing watermains, as required by the Commissioner of Works and Emergency Services, to service the draft plan of subdivision;

(8) the Owner shall submit a grading plan satisfactory to the Commissioner of Works and Emergency Services and the Commissioner of Economic Development, Culture and Tourism;

(9) the Owner shall submit a stormwater management report satisfactory to the Commissioner of Works and Emergency Services;

(10) lands marked by an "X" on the draft plan shall be excluded from draft plan approval until the location of a stormwater management facility for quantity and quality treatment is established to the satisfaction of the Commissioner of Works and Emergency Services and lotting and road pattern is designed accordingly;

(11) notwithstanding Condition No. (10), the balance of the draft plan of subdivision shall not be registered without the location of the stormwater management facility being approved and construction secured to the satisfaction of the Commissioner of Works and Emergency Services;

(12) the Owner shall be required to revise the plan of subdivision to provide for turning lanes on McLevin Avenue at Tapscott Road satisfactory to the Commissioner of Works and Emergency Services;

(13) the Owner shall be required to revise the plan of subdivision to provide for 0.3 metre (1 foot) reserves across the frontage of Neilson Road, McLevin Avenue and Tapscott Road;

(14) the Owner shall prepare the final plan of subdivision in metric units related to the Ontario Co-ordinate System and shall submit a digital copy of the plan to the Commissioner of Works and Emergency Services;

(15) prior to the registration of the subdivision plan, the Owner shall submit a clearance letter from the Radioactive Waste Management Office that the subject property has been cleaned of all low level radioactive waste;

(16) the Owner shall satisfy all requirements, financial and otherwise, of the Commissioner of Works and Emergency Services including, among other matters, selected inspection fees and the provision of geodetic and aerial surveys;

(17) the Owner shall enter into an agreement with Toronto Hydro regarding the installation of an underground hydro facilities, as well as other provisions as deemed appropriate by Toronto Hydro;

(18) the Owner shall agree to make satisfactory arrangements, financial and otherwise, with Bell Canada including the granting of any easement that may be required for telecommunications services;

(19) the Owner shall agree to make satisfactory arrangements with Enbridge Consumers Gas, including the relocation of the existing gas regulation meter, prior to final registration of Block 11;

(20) the Owner shall submit a tree streetscape plan, tree planting plan, landscape plan and an edge management plan (detailing methods of tree protection and mitigating measures of possible adverse impacts on trees adjacent to the limits of construction) satisfactory to the Commissioner of Economic Development, Culture and Tourism and the Commissioner of Works and Emergency Services;

(21) the Owner shall contact the Commissioner of Economic Development, Culture and Tourism regarding the requirements of the Tree Protection and Conservation By-law No. 25150 prior to the removal of trees from the development site which are over 30 centimetres (12 inches) in diameter for those lands not being conveyed to the City of Toronto;

(22) the Owner shall satisfy the Commissioner of Economic Development, Culture and Tourism, financial and otherwise, regarding all tree planting and maintenance of boulevard trees with the exception of McLevin Avenue;

(23) the Owner shall agree to the construction of a berm, or combination berm and noise attenuation fence, having extensions or returns at the ends on Blocks 1, 2, 9 and 11 parallel to the railway right-of-way and adjacent to Tapscott Road with construction according to the following:

(a) minimum total height of 2.5 metres (8 feet) above the top-of-rail;

(b) berm minimum height of 2.5 metres (8 feet) and side slopes not steeper than 2.5 to 1;

(c) fence, or wall, to be constructed without openings and of a durable material weighing not less than 20 kilograms per square metres (44 pounds per square feet) of surface area;

(d) no part of the berm or noise barrier is to be constructed on railway property;

(24) the Owner shall bear the full construction costs of the berm, or combination berm and noise attenuation fence;

(25) the Owner shall locate the acoustical fence(s) adjacent to Tapscott Road satisfactory to the Commissioner of Works and Emergency Services;

(26) the Owner shall include in all offers of purchase and sale or lease, and be registered on title or included in the lease for each dwelling affected by any noise and vibration attenuation measures, a clause advising that any berm, fencing or vibration isolation features implemented are not to be tampered with or altered, and that the Owner and successors in title shall have the sole responsibility for and shall maintain these features;

(27) the Owner shall include in all offers of purchase and sale or lease and in the title deed or lease of each dwelling within the 300 metres (1,000 feet) of the railway right-of-way, a clause warning prospective purchasers or tenants of the existence of the Canadian Pacific Railway's operating right-of-way; the possibility of alterations including the possibility that the Railway may expand its operations, which expansions may affect the living environment of the residents notwithstanding the inclusion of noise and vibration attenuating measures in the design of the subdivision and individual units, and that the Railway will not be responsible for complaints or claims arising from the use of its facilities and/or operations;

(28) the Owner shall ensure that any proposed alterations to the existing drainage pattern affecting the railway property must receive prior concurrence from the Canadian Pacific Railway, and be substantiated by a drainage report to be reviewed by the Canadian Pacific Railway;

(29) the Owner shall enter into a Development Agreement with Canadian Pacific Railway Company satisfying all requirements, financial and otherwise, of the Railway;

(30) the Owner shall implement recommendations contained in the Noise and Vibration Impact Feasibility Report by J.E. Coulter Associates Ltd., dated July 15, 1999;

(31) the Owner shall be required to submit a revised Noise and Vibration Impact Feasibility Report to provide for the inclusion of a pedestrian bridge through the berm/acoustic fence;

(32) in the event that Block 9 shall be developed for a school, the Owner shall be required to submit a revised Noise and Vibration Impact Feasibility Report detailing noise and vibration mitigation requirements;

(33) engineering drawings shall be provided, at no cost to the City of Toronto, satisfactory to the Commissioner of Works and Emergency Services;

(34) the Owner shall name the road allowances included in this draft plan of subdivision satisfactory to the Commissioner of Works and Emergency Services;

(35) the subject land is to be zoned in accordance with the uses proposed on the draft plan prior to the registration of the plan;

(36) the owner shall make arrangements satisfactory to the Toronto District School Board for the acquisition of Block 9 for elementary school purposes;

(37) the Owner shall agree, in the subdivision agreement, to include in all offers of purchase and sale or lease, the following warning clause for a period of 10 years after registration of the subdivision plan:

"Despite the best efforts of the Toronto District School Board, sufficient accommodation may not be locally available for all students anticipated from the development area and that students may be accommodated in facilities outside the area and that students may later be transferred.

The purchasers or tenants agree for the purpose of transportation to school, if bussing is provided by the Toronto District School Board, that children will not be bussed from home to school and/or from school to home, but will meet the bus at designated locations in or outside of the area.";

(38) the Owner shall revise the draft plan of subdivision in order to accommodate sufficient land for a pedestrian grade separation over the CPR line satisfactory to the Commissioner of Works and Emergency Services. The subject lands are to be identified by City staff by the end of the first quarter of the year 2000;

(39) the Owner shall enter into an Option Agreement for two years with the City of Toronto for the acquisition of lands required for a pedestrian grade separation of the CPR line;

(40) the Owner shall revise the draft plan of subdivision to delete Block 17 and Block 18 from the plan; and

(41) the proponent shall carry out an archaeological assessment of the subject property and mitigate, through preservation or resource removal and documentation, adverse impacts to any significant archaeological resources found. No grading or other soil disturbances shall take place on the subject property prior to the Ministry of Citizenship, Culture and Recreation confirming that all archaeological resource concerns have met licensing and resource conservation requirements.

Background:

The current Malvern Community Official Plan designations of the property east of Tapscott Road are High Density Residential, Office Uses - (2000 Employees) and Transportation Uses. West of Tapscott Road the property is designated Open Space. Grade separated pedestrian crossings are indicated north across the CPR track and south across McLevin Avenue. McLevin Avenue is shown as a 30 metre (98 feet) right-of-way across part of the frontage of the property.

A grade-separated pedestrian crossing of the CPR right-of-way between Tapscott Road and Neilson Road has been a component of the Malvern Community Secondary Plan since 1970. The crossing was a link in a pedestrian system planned to extend south and east to connect most of the Malvern neighbourhoods.

The proposed crossing has remained despite numerous amendments to the Plan, including the 1978 amendment that introduced the current designations on the CLC property. (At that time, the walkway connection east across Neilson Road was deleted.)

The 1975 subdivision agreement with the Ontario Housing Corporation for two subdivisions in Neighbourhood 1, north of the CPR, included the following clause:

"The Owner agrees to construct a pedestrian grade separation across the CPR rail line in accordance with the secondary plan, such work to be done at the time of the development of the central business district. The development agreement for this future district commercial site shall include provisions for this construction and the Owner agrees that all costs of such work shall be borne entirely by himself."

As was the City's practice at the time with the Ontario Housing Corporation development, the agreement was approved by Council but not registered on title. However, the contractual obligation to construct the overpass remains with the developer of the two subdivisions, the Ontario Housing Corporation and its successors. The matter was most recently reviewed by Council in 1990, when it was decided not to accept the two subdivisions in question pending construction of the overpass and resolution of other issues.

The property is zoned for agricultural, district park and institutional (private and recreational) uses.

Comments:

Canada Lands Company proposes to develop 593 residential units on its 16 hectare (40 acre) property north of McLevin Road, both sides of Tapscott Road. The unit mix consists of 70 semi-detached units, 119 street townhouses and 404 townhouses in blocks.

A community information meeting attended by the two Ward Councillors was held on September 23, 1999, at Lester B. Pearson Collegiate. Seven members of the public attended. No significant issues were raised concerning the proposal.

As noted in the Preliminary Evaluation Report, the current Official Plan designations were premised on the extension of the Scarborough Rapid transit line to Malvern and on the ability of this area to successfully compete for office development. Neither of these has come to pass. As the basis for the Transportation and Office Uses designations no longer exists, it is timely for Council to consider an alternative use for these important properties.

CLC has applied to amend the Official Plan of the former City of Scarborough to delete the existing High Density Residential, Office Uses, District Commercial and Transportation Uses designations. The application is to also modify the existing District and Community Park and Neighbourhood Park designations and would introduce Low and Medium Residential Uses. The amendment would reduce the planned right-of-way of McLevin Avenue east of Tapscott Road to 27 metres (88.6 feet) from 30 metres (100 feet) and would delete the provisions for grade separated pedestrian crossings of McLevin Avenue and the Canadian Pacific Railway.

CLC has also applied to amend the Malvern Community Zoning By-law in order to implement the draft plan of subdivision.

Approximately 90 per cent of the large woodlot west of Tapscott Road and the open space north of the woodlot, which is beginning to regenerate, are proposed to be dedicated to the City. In addition, a smaller 0.63 hectares (1.6 acres) but high quality woodlot east of Tapscott Road will also be dedicated. The total greenspace dedication, including parkland, would amount to 5.13 hectares (13 acres) or approximately 30 per cent of the total property.

Park facilities may be provided on Block 15 (0.12 hectares (0.29 acres)) and Block 16 (0.3 hectares (0.7 acres)) of the plan of subdivision. The Economic Development, Culture and Tourism Department has informed Urban Development staff that the design and programming of the proposed park(s) will be determined through a community consultation process and that the final design will be at the discretion of the Department's Commissioner. Subject to the terms of an occupancy permit, the site, with the exception of Blocks 12 to 14 inclusive, will be available to the Owner for use as a construction staging area.

The Ministry of Citizenship, Culture and Recreation has requested that an archaeological assessment of the site be provided prior to the registration of the plan of subdivision. This has been addressed through a proposed condition of approval.

The Toronto District School Board has requested that the applicant reserve Block 9, a 1.66 hectare (4.1 acres) site in the north-west part of the east block for an elementary school. A condition of draft approval requires the applicant to make satisfactory arrangements with the Toronto District School Board for acquisition of the site.

According to the Official Plan, a 30 metre (98 feet) road allowance for McLevin Avenue is required along the frontage of the property between Tapscott Road and Neilson Road. The remainder of McLevin Avenue is designated with a 27 metre (89 feet) road allowance. Since McLevin Avenue has been constructed consistently as a four lane road in this vicinity, and since the protection for additional right-of-way has not been taken on developed lands adjacent to the property, Works and Emergency Services staff have concluded that there is no operational justification for maintaining the current road designation allowance at 30 metres for the property.

The Official Plan provides for a pedestrian grade separation over McLevin Avenue across the frontage of the site. The Works and Emergency Services Department has indicated that this pedestrian bridge can be eliminated in favour of adequate crossing protection for pedestrians in the form of either grade traffic controls or a pedestrian crossover, when warranted. The Ontario Housing Corporation and its successors have a contractual agreement with the former City of Scarborough for the construction of this pedestrian crossover or grade traffic control(s).

The Works and Emergency Services and the Urban Development Services Departments support the construction of a pedestrian overpass of the CPR line, noting that it would facilitate safe pedestrian movements over the CPR line and will reduce the walking distance of school children from the proposed development to the Tom Longboat School. Works and Emergency Services staff request that the draft plan be modified to allow sufficient land for the approach to, and construction of, the CPR overpass.

Uncertainty over the Toronto District School Board's financial ability to construct a new elementary school within the CLC ownership reinforces the importance of the CPR overpass. Without it, most public elementary students in the development will face a walk of 0.8 km to 1.1 km (0.5 to 0.7 miles) to the Tom Longboat School to the north of the CPR, compared to 0.5 km to 0.8 km (0.3 to 0.5 miles) using the overpass. Despite the fencing of the right-of-way, a pathway across the CPR track has been established by pedestrian use over the years.

For Block 11, CLC has applied to change the Office Uses designation to Medium Density Residential - RM and is proposing a form of block townhouse dwellings with a building height of 16 metres (52.5 feet) to be secured through the zoning by-law. The applicant's planning consultant has agreed to the prohibition of apartment units on the official plan and the zoning by-law. Notwithstanding the built form and the prohibition of apartment units, the density requested of 154 units per hectare (56 units per acre) is considered to be high density and the land use designation (High Density Residential - RL) would reflect this.

With respect to storm water management, Works and Emergency Services staff recommend that stormwater quality and quantity be provided on site as developments greater than 5 hectares (12.4 acres) in size are considered large enough to provide space to accommodate both stormwater quality and quantity facilities on site. However, the configuration of the combined quality and quantity stormwater management facility has not been finalized. The applicant is proposing a 0.31 hectares (0.77 acres) quantity facility with cash-in-lieu of quality.

CLC is prepared to meet all quantity requirements for stormwater management on site in a 0.31 hectares facility (0.77 acres) primarily on easement lands. However, CLC is requesting that they be allowed to provide cash-in-lieu of providing a stormwater quality treatment facility on site. This request comes at a time when there is no Council policy for accepting cash-in-lieu. Works and Emergency Services staff is preparing a Toronto-wide stormwater management policy in conjunction with the development of the Wet Weather Flow Management Master Plan. Such a policy may include consideration for cash-in-lieu. The reporting schedule has not been finalized.

Council may wish to consider endorsing acceptance of a cash contribution in this instance without prejudice to any final policy which the City may adopt.

It should be noted that the Works and Emergency Services staff would determine the amount of the cash-in-lieu to be provided based on the average costs of constructing stormwater treatment systems in a built-up area in the absence of a City-wide stormwater policy.

If the proposed stormwater management quantity pond is to be enlarged to accommodate both quality and quantity treatment, the applicant's engineering consultant indicated that the facility will have to be moved south to the north-east corner of Tapscott Road and McLevin Avenue. The plan of subdivision will require further reconfiguration to provide for the facility, lotting of residual lots and additional modifications to the proposed road pattern. Fill would also need to be imported for grade changes over a part of the subdivision.

Appropriate zoning standards for and draft approval of the lands subject of the required revisions could not be determined until matters dealing with stormwater quantity and quality treatment are settled. Changes to the plan might also necessitate a further public hearing. City interests would be protected by the staff recommended condition numbers 10, 11 and 34.

Canada Lands Company Submission Regarding Development Conditions:

Canada Lands Company submits that the cost of the $1.7 million federal contribution to the tri-level purchase of the Glen Eagles site overlooking the Rouge Park has been allocated to this CLC project. This, combined with the unusually large greenspace commitment of 30 per cent of the property, far in excess of the standard 5 per cent parks contribution, already makes the project a break-even proposition which cannot sustain the financial impact of additional City requirements.

This situation is complicated by the fact that the Ontario Realty Corporation, CLC's predecessor in title, pre-paid $100,000 towards parks levies in 1986, an amount for which CLC is still trying to obtain a refund from the City. CLC is also requesting that Council waive levies at $400.00 per unit as part of the 1986 Malvern Parks Agreement.

CLC is constrained by available servicing capacity, which is limited to 600 units, from off-setting the cost of additional requirements by increasing the density on its remaining lands.

Principal concerns relate to two matters, the grade separated pedestrian overpass of the CPR and quality control for storm water management.

CLC suggests that the indeterminate number of proposed street townhouse lots to be removed and or impacted because of the land requirements for the overpass is problematic and they would expect fair market value for these lots. The marketability of remaining units abutting the overpass, and costs related to re-engineering the services to accommodate this change to the subdivision plan, are also of concern to the developer.

CLC contends that the bridge would create a liability for the City and would have a negative visual impact on the surrounding residences. If an elementary school were constructed to the east side of Tapscott Road, south of the C.P.R., student pedestrian traffic across the CPR line would be reduced. With berming and fencing in place on the south side of the CPR line, shortcutting across the rail line would cease. (The open space corridor to the north, dead-ending at the tracks, would remain; in the long term, City action to deal with the disposition of this corridor may be desirable if the overpass is not to be built.)

With respect to stormwater management, CLC's proposed stormwater management quantity facility utilises approximately 0.31 hectares (0.77 acres), most of which is over lands encumbered by an easement. A relocation and expansion of the facility to include quality treatment could result in the loss of approximately 20 street townhouse lots as the area is constrained by the configuration of the lands and easement rights. The provision for an on-site quantity and quality stormwater management facility would also necessitate the importation of fill for grade changes.

Under the overall circumstances, CLC suggests that Council approve, as an alternative, CLC's proposed stormwater quantity treatment facility and cash-in-lieu of providing stormwater quality treatment at an "equitable" rate and that the CPR pedestrian bridge and McLevin pedestrian grade separation be deleted from the Official Plan.

Options for Council Action:

(1) Should Council concur with CLC's submissions as noted above, Council may choose to delete or modify the following staff recommended conditions of draft approval for the plan of subdivision, as follows:

(a) Delete Condition No.(10) and replace it with the following condition:

a

"(10) The Owner shall be required to provide sufficient land in the approximate area of Block 19 for stormwater quantity treatment satisfactory to the Commissioner of Works and Emergency Services and the Owner is required to make a cash contribution for the estimated costs of providing and constructing a stormwater quality treatment facility as deemed satisfactory to the Commissioner of Works and Emergency Services for the runoff generated from the subject property. In the event that Council adopts a policy respecting cash-in-lieu of stormwater facilities prior to the execution of the subdivision agreement, said policy shall apply."

(b) Delete Condition No. (31), Condition No. (38) and Condition No. (39);

(2) Should Council concur with CLC's application to delete the grade separated pedestrian crossing of the CPR from the Official Plan, Council may choose to modify the staff recommendations with respect to the amendment of the Malvern Community Secondary Plan by adding the following land use designation to be deleted:

"Pedestrian Grade Separation" across the Canadian Pacific Railway.

Urban Planning and Development Services staff believe that the Official Plan Amendment may be adopted by Council without precluding the construction of residential units or an appropriate stormwater management facility, since the staff recommended OPA allows for the construction of the stormwater management facility on the north-west corner of McLevin Avenue and Tapscott Road within a Medium Density Residential - RM designation. The appropriate zoning by-law can be submitted at a meeting following Council's decision on this report.

Conclusion:

The low and medium density character of the proposed development will fit well into the existing community fabric, with less impact on community facilities and the road network than denser forms of housing and other uses as currently allowed by the Official Plan.

Approval of the plan of subdivision will secure public dedication of significant woodlots in the centre of the Malvern Community.

Contact:

The Scarborough Community Council submits, for the information of City Council, the following communication (December 29, 1999) from Ms. Freni Khamis:

Please note I object to your proposal for building 592 residential units as proposed by Canada Lands Company for the following reasons:

(1) there are already low/medium residential housing in this area. As a result, there is a lot of crime and my property value will go down; and

(2) this notice was received by me last week when people would be on vacation - away from their homes and would not have a chance to give this matter serious thought.

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Mr. Ivan Fleischmann, Solicitor representing Canada Land Company, appeared before the Community Council and tabled a series of amendments to the staff recommendations for Community Council's consideration, which amendments were supported by Community Council and are recommended herein.