M84
NOTICE OF MOTION
5789-5951 Steeles Avenue East (Landmark) - Section 37
Agreement
Moved by:
Councillor Lee
Seconded by:
Councillor Heaps
SUMMARY:
On November 10, 2006, the Ontario Municipal Board (“O.M.B.”) issued an order approving
amendments to the Scarborough Official Plan and Scarborough Zoning By-law to permit the
development of the above property for commercial and industrial uses, with a total gross floor
area of approximately 690,000 square feet. These applications were supported by Planning and
endorsed by Council at its meeting of September 25, 26 and 27, 2006. As part of the Council
recommendation, staff was directed to secure 5,000 square feet of community space “within the
proposed development”. The Zoning By-law requires that the owner fund or provide
5,000 square feet of gross floor area for “community space”, but does not require such space to
be provided on site.
In preparing the agreement to secure and implement the s.37 provisions for this development,
both City staff and the applicant have explored off-site options for the provision of the
community space. Staff has identified an alternative to locating the community space within the
retail complex, namely that the owner make a cash contribution of $1,800,000.00 to fund an
equivalent expansion to the Milliken Park Community Recreation Centre (CRC). This will give
the City direct ownership of and control over the operation of the community space, including
hours of operation, programming, security and parking. The Milliken Park CRC location will
afford easier access for user groups and greater flexibility in the range of potential uses.
City Planning staff and Parks, Forestry and Recreation staff support an expansion to Milliken
Park CRC as a superior option to community space in the proposed mall and agree that it will
provide public benefits within the local community and add value in terms of use, control and
accessibility. Parks and Recreation staff has confirmed that there is a need for additional
community space at the current facility and that $1,800,000.00 will fund the capital cost of an
approximate 5,000 square feet expansion to the existing building. The owner has agreed to make
this contribution, along with its other s.37 requirements.
Councillor Lee has discussed this matter with his constituents and the local residents strongly
support an addition to the Milliken Park CRC, as compared to space within the retail complex. The
Councillor has been provided with a petition signed by 711 residents supporting this alternative.
2
This Motion is an urgent matter, as the applicant is now in position to commence construction
activities once the s.37 agreement is executed. If the commencement of construction cannot begin
until this matter is considered by Scarborough Community Council in September and then approved
by City Council on September 26 and 27, 2007, the applicant would suffer significant financial
losses, including carrying costs and loss of pending sales. Accordingly, this Motion is considered
urgent and cannot first be considered by Scarborough Community Council at its September meeting.
RECOMMENDATIONS:
1.
That the City Solicitor be authorized, as part of the section 37 agreement for 5789 to
5951 Steeles Avenue East, to require the owner to make a cash contribution of
$1,800,000.00 to be used to fund an addition to the Milliken Park Community Recreation
Centre, in satisfaction of the zoning requirement to fund or provide 5,000 square feet of
community space.
2.
That the General Manager of Parks, Forestry and Recreation take the necessary actions
required to facilitate the early construction of the Milliken Park Community Recreation
centre expansion.
July 16, 2007
According to Chapter 27, Council Procedures:
Fiscal Impact Statement provided
Should have Fiscal Impact Statement prior to debate
Requires two-thirds to waive requirement if Council wishes to debate
Should be referred to Scarborough Community Council
Requires two-thirds vote to consider at this meeting
Motion Recommendations are Urgent
* Deputy City Manager and Chief Financial Officer to advise.
*
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