North York Civic Centre

5100 Yonge Street

Canada, M2N 5V7

February 4, 1998

To: North York Community Council

From: Bryan W. Tuckey, Acting Commissioner of Planning

Subject: INDUSTRIAL ZONING REVIEW, BY-LAW APPEALS

Application to the Ontario Municipal Board for Approval of North York By-laws 33091, 33092 and 33093 (By-laws to Amend By-law No. 7625, As Amended)

Ward 6 - North York Humber

Ward 8 - North York Spadina

UD43-IND

Purpose:

Technical modifications to North York=s Industrial Zoning by-law amendments (September 1997) are proposed in order to settle four out of the five appeals. No settlement is proposed for the one remaining objection, which relates to Ajax Precision Manufacturing at 37 Penn Drive.

Source of Funds:

Not applicable.

Recommendations:

It is recommended that:

Background:

Bylaws 33091, 33092, and 33093 were passed by North York Council on September 17, 1997 to implement the revised industrial land use policies adopted as Official Plan Amendment No. 443 on that same day. These zoning bylaws and the official plan amendment affect lands throughout the entire North York Community.

As of the date of this report, the official plan amendment is still being considered for approval by the Ministry of Municipal Affairs and Housing. Up to the last date for zoning appeals, objections to all three zoning bylaws were filed with the Clerk=s Department with respect to six specific properties in two particular Wards. A copy of the letters, and the notice of passage of the three Bylaws are attached as an Appendix to this report.

Barnet H. Kussner, of Weir and Foulds, Barristers and Solicitors, on behalf of Ajax Precision Manufacturing Ltd., regarding 37 Penn Drive.

Peter F. Smith, of Bousfield, Dale-Harris, Cutler and Smith Inc., Consulting Town Planners, on behalf of First Professional Management Inc., regarding Crossroads Place.

Howard F. Wood, of Sevendon Holdings Ltd., regarding the Knob Hills Farm site at Weston Road and Knob Hill Drive.

Peter F. Smith, of Bousfield, Dale-Harris, Cutler and Smith Inc., Consulting Town Planners, on behalf of First Professional Management Inc., regarding 3685 Keele Street.

Jordan Rose, of Glen Corporation, on behalf of Solray Investments Ltd., regarding the Steeles West Market site.

Murray Goldman, of Construct Building Centres (Caledonia) Inc., regarding 825 Caledonia Road. However, a letter withdrawing the notice of appeal regarding 825 Caledonia Road was subsequently filed by Mr. Goldman.

Of the remaining appeals, all except for Ajax Precision are technical in nature, to ensure that explicit permissions granted by older site-specific bylaws are maintained. Two modifications to zoning maps in By-law 33092 and four modifications to the text of By-law 33093 will deal with these technical issues in a manner that is satisfactory to the appellants and to staff. The proposed changes are attached to this report as Schedules A to F.

Comments:

Ajax Precision Manufacturing Ltd. is an automotive parts manufacturer which has a plant that primarily does heavy metal stamping and welding at 37-39 Penn Drive. After considerable discussion at Planning Committee and Council, it was determined that no exception to the proposed M1 zoning should be granted for this site.

Ajax Precision has objected to the Bylaws because it wants this manufacturing activity to be a permitted use in the zoning. We will continue discussions with representatives from Ajax Precision, but given that North York Council=s direction was clear in this regard, staff see little opportunity for a settlement prior to an OMB Hearing.

All the other appeals which are outstanding at the time of this report deal with retail sites, and have been filed because technical improvements to the industrial bylaw amendments are needed to ensure that explicit permissions granted by older site-specific bylaws are maintained. Staff have discussed these matters with the objectors and concur that the modifications attached as schedules to this report are appropriate technical clarifications. The proposed changes are described as follows.

Schedule A is the revised zoning map containing Knob Hill Farms, delineating only the part of the site that had been subject to By-law 28180 as MC(16)(H), and changing the rest of the site to MC(H).

Schedule B is the revised zoning map containing 3685 Keele Street, rezoning it to MC(52)(H).

Schedule C is a revision to exception MC(16)(H), dealing with Knob Hill Farms, to re-state the minimum parking requirement of By-law 28180.

Schedule D is a revision to exception MC(17)(H), regarding Crossroads Place, to clarify that the gross floor area of 43,380 square metres can be used for retail warehouses, and to re-state the minimum parking rate for retail warehouses, all in accordance with By-law 31993.

Schedule E provides a new exception, MC(52)(H), relating to 3685 Keele Street, stating the maximum gross floor area for retail stores and personal service shops is 5,335 square metres, which was permitted by By-law 29717.

Schedule F is a revision to exception MC(68)(H), for Steeles West Market, clarifying the maximum gross floor area of retail stores and personal service shops is 22,720 square metres, as permitted in By-law 30043, and re-stating the permission for outside sales areas and limitations on the size of retail units (from By-law 33043) in keeping with the context of the new bylaw=s framework.

As is the case with similarly zoned lands in North York, because an (H) is assigned to each of the above-noted sites with MC zoning, the maximum gross floor area of retail stores and personal service shops stated in an exception would be the amount permitted prior to Council approving an application for lifting the Holding provision, in accordance with policies in OPA 443.

Conclusions:

Of the five sites that remain the subject of appeals to the Industrial Zoning Amendments adopted on September 17, 1997, four are to ensure that explicit permissions granted by older site-specific bylaws are maintained. The attached technical modifications should be considered by the Ontario Municipal Board to address these matters.

No settlement is proposed for the one remaining objection, which relates to Ajax Precision at 37 Penn Drive, given North York Council=s direction at the time of enacting these by-laws. The Ontario Municipal Board should be requested to approve the industrial bylaws, with the modifications noted above, save and except for specific items directly related to the Ajax site.

Partial approval of these three bylaws by the OMB will enable the new industrial zoning to be in force for all of the North York Community excepting the one contentious site, pending the approval of Official Plan Amendment No. 443.

Contact Name: Alan Theobald, Senior Planner Phone: 395-7166 Fax: 395-7155

Bryan W. Tuckey

Acting Commissioner of Planning

Schedules:

A - Revised Schedule 16 to By-law 33092.

B - Revised Schedule 27 to By-law 33092.

C - Revised Subsection 64.33(16) for Item 8 in By-law 33093.

D - Revised Subsection 64.33(17) for Item 8 in By-law 33093.

E - New Subsection 64.33(52) for Item 8 in By-law 33093.

F - Revised Subsection 64.33(68) for Item 8 in By-law 33093.

Appendix:

Notice of Passage of By-laws 33091, 33092, and 33093;

Five (5) Notices of Appeal of the same bylaws; and

One (1) Letter Withdrawing one of the Notices of Appeal.