The Quarry Lands -
Frequently Asked Questions
The Issue
A
private developer – The Conservatory Group – has zoning rights from the 1960’s
to build seven high rise towers of between 24-27 stories over 18-acres within a
brownfield in Scarborough (Vic. Park/Gerrard).
The city is the second-largest landowner on the full site with
approxiamately 17-acres (assigned by Build Toronto).
The Conservatory Group development:
- Is unanimously opposed by area
residents, local politicians from all three levels of government and the
city’s own planning department – all of whom believe that 1960’s-era, high
rise zoning on the Quarry Lands is simply bad planning.
- Would result in a density seven
times greater than the surrounding community
- Would result in fragmented
development across the broader 49-acres site, with no comprehensive plan
to address community needs, increased demands on schools, social services,
traffic issues and environmental considerations.
- Would devalue city-owned land and
increase infrastructure costs by creating a piecemeal rather than an
integrated development across the full 49-acres site.
What Citizens
are requesting
·
Responsible development on this site
·
Leadership
from City Council to stop Conservatory Group plans, either through rezoning, land
swaps (eg Build Toronto lands at Progress and McCowan) or other means.
·
A
planning approach that sees this as an opportunity to do something in a
progressive, visionary civic environment.
What is Concerned Citizens of Quarry
Lands Development (CCQLD)?
The
CCQLD is an incorporated, non-profit residents' group with a board of directors
and approximately 300 members. CCQLD has
been working since 2003 to ensure that any development of the Quarry is
compatible with the surrounding community, is based on modern-day planning
principles and takes into consideration the serious environmental sensitivity
of the site.
Who owns the Quarry lands?
The Quarry is a 20 hectares
(49 acres) parcel of land situated east of Victoria Park Avenue, west of
Clonmore Drive, north of Gerrard Street and south of the CN rail line. The land is mostly vacant except for a few
commercial businesses along Gerrard Street and to the east of Victoria Park
Ave. The largest property owner is
private developer The Conservatory Group, which operates under the name Gerrard
Clonmore Developments (GCD) and owns 7.5 hectares on the eastern portion of the
Quarry. GCD proposes to build on its land a high rise complex with 1455 units
and seven towers as high as 27 storeys. The City of Toronto owns the second
largest property, 6.7 hectares on the western portion of the Quarry, which
includes the land currently that was used as a driving range. There are also
seven other landowners holding smaller sections of property on the Quarry
Lands.
How are the Quarry lands zoned?
The
lands were designated and zoned for High Density Residential uses in 1968. The
zoning on lands owned by GCD allows
approximately 1,450 units in seven towers and is still in force today. These
land use permissions were implemented, in part, in recognition of the planned
Scarborough Transportation Corridor, to be located immediately to the north of
lands. This corridor was incorporated into both the Metropolitan Toronto and
Scarborough Official Plans and was to provide for a high-speed link (rail or
road) between downtown Toronto and areas to the east of Metro. The Scarborough Expressway was scrapped in 1974
after it was determined there was no need for it.
What’s wrong with GCD’s development
proposal?
The
high-rise tower proposal would result in a density seven times greater than the
surrounding community. It would result in fragmented development across the
quarry lands with no comprehensive plan to address community needs. The GCD
development is unanimously opposed by area residents, local politicians and the
city’s planning department, who have said the zoning is outdated and that there
is “only room for improvement.”
Why can't the City of Toronto just
rezone the land?
When
the new Official Plan was passed by City Council in 2002, the Quarry Lands were
designated Mixed Use, which allows for a broad range of residential,
commercial, institutional, parks and open space uses. The land owned by the Conservatory Group,
however, is governed by a 1979 decision by the Supreme Court of Ontario
obliging the borough of Scarborough (now the City of Toronto) to issue building
permits.
What
is the Birchcliff Quarry Lands Study?
The City of Toronto
initiated the Birchcliff Quarry
Lands Area Study in 2006 to develop a framework for planning a new
neighbourhood on the full 49-acre Quarry parcel in the context of the New
Official Plan. In addition to addressing
environmental concerns, the goals were to integrate a potential Quarry Lands
development into the broader community as well as study infrastructure, the
capacity of local roads, and the need for parks and community services. A
working group of stakeholders and interested community members was established
and contemplated numerous development scenarios for the full Quarry Lands site.
The working group process put on hold in late 2008 to enable direct discussions
with GCD, arising out of a standstill agreement between the City and GCD
through proceedings at the Ontario Municipal Board (OMB).
Why
is the Ontario Municipal Board involved?
In 2006, GCD filed a rezoning application
with the City of Toronto to reduce the size of the units in the proposed
towers. City Council directed staff to
review the application concurrently with the Birchcliff Quarry Lands
Study. In 2007, the developer appealed
to the OMB. Another issue before the OMB is a filed site plan application for
one of GCD’s planned tower blocks. In late 2008, GCD and City representatives
agreed to defer the hearing via a standstill agreement to permit discussions of
a comprehensive development plan for the entire parcel of land. A committee was
struck with the participation of GCD, city planning staff, Build Toronto,
councillors Brian Ashton and Sandra Bussin, CCQLD and other community
members. The discussions failed to
result in agreement among the parties, and the OMB heard the appeal in late
February 2010. Groups that argued
against GCD included the City of Toronto, Toronto Region Conservation
Authority, CCQLD and two other community groups, Our Community Speaks and East
Beach Community Association. A decision by the OMB is pending and expected
soon.
What
are the environmental concerns?
The
Quarry got its name because the land was used to quarry sand and gravel in the
1940's and 1950's. From 1954 - 1960, the
land was used as an unregulated municipal dump.
In
2006, the City of Toronto commissioned environmental testing on its parcel of
land and retained Decommissioning Consulting Services Ltd. (DCS) to do the
assessment. DCS found that the site
contains large tracts of "fill materials" which are impacted with heavy
metals such as arsenic, boron, beryllium, copper, lead and zinc. These contaminants exceed Ontario residential
standards.
In
the mid-1980's barrels of xylene were unearthed during the building of a small
mall and 16 buried drums of xylene and other contaminants were discovered
elsewhere on the property during construction of a storm sewer. The DCS report revealed small areas of
"magnetic anomalies" which could suggest more isolated buried drums,
but more intrusive investigation would be required.
Varying levels of organic
vapours including methane gas have been measured emanating from the land. This
would need to be mitigated by an engineered venting system.
The
groundwater table is surprisingly of good quality except for a small area where
dioxins and furans are found, but the levels do not exceed allowable limits set
by the Ontario Ministry of the Environment.
According
to DCS, the Quarry is suitable for residential construction but the land would
need to be remediated and an Environmental Risk Assessment would have to be
undertaken. However, Build Toronto recently disclosed that a significant
portion of city-owned lands is so unstable that for all intents and purposes it
cannot be remediated for development.
The
proposed development is also located on the site of a wetland identified under
Ontario Regulation 166/06. The Toronto
Region Conservation Authority (TRCA) conducted an assessment that identifies
the Quarry as an important contributor to the natural heritage system
with the City of Toronto. According to
TRCA, the Quarry includes uncommon oak forests and supports some species of
conservation concern. TRCA recommends
that A Natural Heritage Impact Study should be conducted.
An
independent environmental report commissioned by CCQLD recommended that before
any comprehensive development takes place, the community insist on a full
Environmental Risk Assessment over the full lands under consideration, with
public participation and a detailed Risk Management Plan; updated Environmental
Site Assessments to conform to new provincial standards; inclusion of
Environmental Impact Statements from all developers; and the establishment of a
Brownfield Trust Fund to ensure maintenance of risk management measures.
What is the history of the Quarry
lands?
- 1940's 1950's –
1960’s - owned by Toronto Brick
Company and used as a sand and gravel quarry. 1954 - used as an unregulated municipal landfill site 1963 Runnymede Development
Corporation acquires the lands from the Township of Scarborough.
- 1970's - Runnymede enters into development agreement with
Borough of Scarborough 1974
Ontario Environment Minister grants approval to develop property in
accordance with 1971 Environmental Protection Act. 1975 Runnymede building permits denied by Borough of
Scarborough on grounds that Runnymede declined to install services in
development agreement. 1976
Scarborough planning staff launch Birchliff Secondary Plan Review. 1977 Runnymede takes Scarborough
to court for issuance of permits. 1979
Supreme Court issued an Order of Mandamus obliging the Borough to issue
permits upon completion of sewer and water works
- 1980's - Apartment market cools; Runnymede does not pursue
development
- 1984 - Barrels of xylene are uncovered during
construction of retail plaza
- 1986 - Scarborough formally introduced Site Plan Control
Approval powers in all Zoning By-Laws 1988
- Runnymede submitted a site plan control application
- 1989 - Significant opposition from community, City of
Scarborough and Metro Council leads to petitioning of Ontario Environment
Minister to conduct an environmental assessment.
- 1990 - Environment Minister declines environmental
assessment provided certain conditions are met including an environmental
audit. 1990 - Public Liaison
Committee established to hold public meetings. 1991 - 1992 - MacLaren Engineers conducts environmental audit.
1992 - Ministry of Environment
responds to audit with questions about methodologies and assumptions. 1993 - Audit is revised and
resubmitted to the Ministry. 1994
- Ministry responds to revised report with additional questions which were
addressed by engineering firm. 1995
- Ministry responds with more questions and concerns. 1997 - Ministry releases new guidelines for contaminated sites
which effectively removed Ministry from approving consultant's reports. 1998 - Metro Toronto follows Scarborough's
lead and removes Scarborough Expressway from Official Plan. 1998 or 1999 - Runnymede sells the
Quarry lands to Gerrard Clonmore Developments (The Conservatory Group).
- 2000 - Toronto Region Conservation Authority takes
inventory of vegetation and species on Quarry wetland.
- 2002 - After years of inactivity, City of Scarborough
closes the 1988 Site Plan Control Approval application.
- 2003 - Without prior notice, GCD files a minor variance
application to reduce the minimum size of apartments required by zoning
by-law . Hundreds of angry Birchcliff residents meet at a local church to
opposed the GCD plan; Concerned
Citizens of Quarry Lands Development is founded. Committee of Adjustment defers variance
application sine die without a decision.
Decision can not be appealed to the OMB. Toronto City Council approves Birchcliff
Quarry Lands Study and working group of interested stakeholders and
residents is established.
- 2006 - GCD files a rezoning application for unit size
reductions. Council directs staff to review
application concurrently with Birchcliff Quarry Lands Area Study.
- 2007 - GCD appeals rezoning application to the OMB.
- 2008, 2009 - GCD agrees to defer OMB
hearing to permit ‘without prejudice’ discussions of a comprehensive
development plan for all 20 hectares of the Quarry Lands. Special
committee discussions begin involving GCD, City planning officials,
community representatives, TEDCO (Toronto Economic Development
Corporation, now Build Toronto) and Councilors Brian Ashton and Sandra
Bussin. Discussions conclude without agreement
- 2010 – GCD proceeds with OMB hearing in February; more than 1,000 area residents and
elected politicians from all 3 levels of government attend a public rally
opposing GCD plans; (April) decision announced in favour of GCD in
August of 2010. October 2010 saw us holding our
very 1st All-Candidates Meeting for City Councillor; we said
goodbye to outgoing city Councillor Brian Ashton (retired from city
politics) and we ushered new city Councillor Gary Crawford
- 2011 –Conservatory Group scheduled appeared before OMB in
Feb regarding minor changes to site plan application for ‘Block 1’. The
change is with respect to unit sizes to better conform to city’s tall
building guidelines. This would require a further by-law amendment; May 26
all parties to returned to OMB. Year
begins with new faces: Mayor Rob Ford and Councillor Gary Crawford; new MP
(Dan Harris); new head of Scarborough planning (Raymond David); and within
a few months, new lead at Build Toronto (Prakash David). Hearing continues at Ontario
Municipal Board related to procedural issues around proposed ‘Block 1’ of
GCD’s high-rise plan. OMB has dismissed zoning and environmental arguments
against proposed GCD plan
- CCQLD meets with Build
Toronto at Build offices, with positive signs. CCQLD meets with Ministry of Environment
officials, arranged by MPP Lorenzo Berardinetti’s office. Gary Crawford, Dan Harris attend CCQLD’s
May board meeting. Months of talks
between Build Toronto and GCD over potential land swap with Scarborough
Town Centre property end without success.
York students engage in Quarry research project; community meeting
cancelled but class project is ongoing.
Runnymede sells shopping plaza land to RioCan (focused exclusively
on retail)
- 2012 - Surprise motion from Gerrard Clonmore Developments (GCD) at the
Scarborough Committee of Adjustment in March. The application was to seek
approval to sever a portion of GCD's property on the Quarry Lands site.
Thanks to those who were able to make it out to the meeting and others who
complained of improper notice, as CCQLD did, the hearing was deferred. GCD
has since appealed the matter to the Ontario Municipal Board (OMB) and a
hearing was expected in late summer.
- CCQLD
met with Councillor Gary Crawford and city planning and legal staff to
discuss the case and ensure all parties are prepared. We have been assured
that notice for all future hearings related to the Quarry Lands will be
widely circulated.
- Build
Toronto has changed course. They are now talking about concepts and a
design plan over the city-owned lands that we believe merits presentation
to the community. Build Toronto's ideas are outlined in the letter
directly below this note. As you can see, Build is considering a
low-density development with single-family homes, a large park space and a
retail development at the northwest corner of the site. Build has
responded favorably to CCQLD's request that they share ideas at full
community meeting organized by CCQLD, and have said they would be ready to
do so in September.
- Public
meeting held by BT October 3, 2012 @ Malvern Collegiate
Institute 55 Malvern Ave. Build Toronto's announces
initial plans call for its roughly 20 acres of land be divided among
low-rise residential (50 percent), retail (25 percent) and park space (25
percent) uses.
- OMB hearing Oct. 16 - This is
over the Conservatory Group’s application to sever one of its four
‘blocks’ — the area known as block 1 — on the southwest portion of
its lands.
- November - CCQLD launches its own Community Survey
Questionnaire to our membership.
- GCD won their appeal to OMB.
- 2013 – CCQLD announces
Tim Weber as its new Presidents and thanks Mark Brender for his contributions
and expertise in the role.
- Survey closed as of Feb. 12th.
- May 13th - first
community meeting with city planners about the Quarry Lands. City Planners
will be there along with representatives from Build Toronto.
- That May 13th
meeting was more of presentation than a community consultation. However,
it did clarify that the “low-rise residential” will sole owned condominium
units not apartment rentals. Clarification was provided that the “Big-box”
would be a “department store” or “home improvement” retailer.
- the issues that are
still being discussed are the (a) Increased Traffic & Roadway Patterns
– the results of the traffic studies needs to be disclosed i.e. increased
number of vehicles and where are the new traffic signals going or are
there going to be any new signals? More,
importantly, what can be done with the dangerous corner of Clonmore &
Gerrard on the curve? (b) Big-box retailer- who is it & will they be a
socially responsible & sustainable employer (c) The Park – what should
or should not be there? Alternatively, do we just leave nature alone? (d) Schools – questions around capacity
(e) density – how much is too much & how will it affect all the other
issues mentioned prior.
- In December 2013, our
Board met with Build Toronto at their offices downtown and they made their
presentation (with visuals) to us, which is the current plan that exists
now. They announced their partnership with EVERGREEN for assistance with
the green roof atop of the big-box retail and the park space.
- February 2014 was a
nice surprise for us because we were lucky enough to have Chief Planner
Jennifer Keesmat attend our monthly board meeting. There we discussed
various topics and she shared with us her thoughts. By the end, we were very encouraged to
find that she said (I’m paraphrasing here), I’m going to give it my best
efforts to find a better alternative to towers on the Quarry Lands.
- That brings us to
March 2014. You will be happy to know that now due to the new guidelines
for non-profits we have now moved our year-end to December 31st
annually and therefore we will now hold our AGM annually in April.
- In addition, Build
Toronto and EVERGREEN hosted a meeting on the 18th of March to
discuss the topic of the park space on the Build Toronto lands. EVERGREEN did a slide presentation
explaining what they do and some previous & present projects they have
done and are doing now. Following
that, there was group discussion.
April
2014 Build
and Evergreen are preparing a report on our community meeting held on
March 18th. That report should be available in the next few
weeks and all those who left an email address at the meeting will be getting a
copy. CCQLD will also be sending out copies to all our members. We are hearing rumblings
that Build Toronto and the City’s planning department have been discussing ways
to adjust the exterior design of the ‘large format retail’ building to make it
a better fit for our neighbourhood.
May 2014 - The Quarry Lands Park report, based on
our last community meeting, is taking longer than expected. Build Toronto
says the report, from Evergreen, should be ready by the end of May.
End
of May brought us the long awaited release of Evergreen’s Summary from the
Build Toronto meeting held on March 18.
After
the summer break in July & August, we returned to our regular schedule and we
held an All-Candidates Meeting for the municipal election for City
Councillor. There were 8 candidates on
the ballot of only which 4 showed up to debate. Election results have us a new
mayor – John Tory, Gary Crawford is re-elected as our City Councillor and
Parthi Kandaval our new school trustee for this Ward.
Going
Forward:
Moving
forward it’s in all our best interests as a community to ensure our voices are
heard. We must speak up both
individually and as a group to get our ideas, comments and questions across to
those that can answer them, whether it’s your ideas for the park space or
questions about traffic. We must remain
vigilant, maintain our forward momentum and stay on course. Community
Engagement is key. We must ensure that all new people moving into the area are
aware of the issues surrounding the Quarry Lands and what and how that will
affect them.
•
All
that said, much remains to be done to ensure responsible development – and
CCQLD needs new ideas and new energy to get there.
