August 6, 1998

To:North York Community Council

From:Bryan Tuckey

Acting Commissioner of Planning

Subject:FINAL REPORT

Official Plan and Zoning Amendment Application

John Waldie

860 York Mills Road

Ward 11 - Don Parkway

UDOZ-98-02

Purpose:

The purpose of this report is to recommend Official Plan and Zoning By-law Amendments to permit an increase in the retail and service commercial component of a new one storey commercial building.

Recommendations:

It is recommended that the application be approved subject to the following conditions:

(1)Part D.13, Section 3 of the Official Plan (Business Parks Secondary Plan) be amended to permit retail uses and personal service shops within a freestanding building on the lands located at 860 York Mills Road.

(2)the MO(6) zone be amended, subject to the following:

i)schedule MO(6B) be amended to identify this site as Parcel 9.

ii)on Parcel 9, notwithstanding the uses permitted in the MO zone, a retail store or personal service shop is permitted up to the lesser density of 0.5 FSI or a combined total gross floor area of 5,000 m².

iii)on Parcel 9 the minimum yard setbacks for the corner lot shall be as follows:

a)1.5m for the front yard setback;

b)1.5m for the side yard setback from the street lot line; and

c)3.0m for all other side yards.

iv)on Parcel 9 the minimum dimensions for a loading space shall be 9.0m long and 3.6m wide.

(3)during site plan review the objectives set out in Appendix A shall be achieved.

(4)the appropriate City Officials be authorized and directed to take the necessary action to give effect hereto.

Background:

The applicant proposes to construct a one storey commercial building (see Schedule "C"). The revised site statistics are set out below.

Site Location:

The site is located at the northeast corner of York Mills Road and Lesmill Road and is currently occupied by a gasoline station. A car wash facility is located to the east of the property and a dry cleaning establishment to the north. Across Lesmill Road there is a vacant office/industrial building. Employment uses are found along both streets.

Official Plan:

The site is part of the Wrentham Estates Business Park. Official Plan Amendment (OPA) 443 designates the site Industrial (IND) (Schedule "A"). Retail and service commercial uses in the Business Park are limited to 20% of the gross ground floor area (or largest floor) of a building. The applicant proposes to increase the proportion to 75% retail uses, thereby requiring an amendment to the Official Plan.

Zoning By-law:

The property is zoned Office Industrial Exception Zone (MO(6)) by Zoning By-law 7625, permitting mainly employment uses (Schedule "B"). The zoning of the property implements the restrictions of the Official Plan for retail uses. An amendment to the Zoning By-law is required to permit the proposed increase in retail use and to accommodate the siting of the building through site-specific setback and loading provisions.

Department Comments:

Department comments are attached in Schedules "E" to "G" and include the following pertinent requirements:

The Transportation Department indicates that 60 parking spaces are required along with one loading space. A number of site plan issues have also been identified (Schedule "E").

The Works and Emergency Services Department indicate that a 1.5 metre widening will be required along the entire Lesmill Road frontage. Given the potential for soil contamination a Phase II Peer Review has been requested as outlined in Schedule "F".

Community Consultation:

In consultation with the local Councillors, the business community within 120 m of the property was contacted by mail to provide area businesses with a convenient forum to comment on the proposal (Schedule "D"). A letter explaining the details of the proposed development was mailed out on May 29, 1998. The proposal generated two inquiries from nearby land owners. The first inquiry was for more information on the proposal and included a discussion of the development potential of a nearby property. The second inquiry raised the following comments:

- the need for block development of this site together with neighbouring properties to articulate the entrance to the Business Park;

- not to preclude future access for abutting properties to Lesmill Road; and

- the need for a soils study at this stage to identify potential migration of contaminants onto neighbouring properties and assign responsibility for cleanup of such contamination to the property owner.

The creation of a gateway to the Business Park was identified as an important issue in the Preliminary Evaluation Report. The applicant has revised the proposal to ensure that the building is located close to the corner allowing for appropriate landscaping and building articulation to be achieved through the site plan approval process. Block development is not contemplated by the Business Park Secondary Plan and the creation of a gateway can be achieved on this site through appropriate urban design criteria employed during the site planning stage. In addition, existing access arrangements for abutting properties are not impacted by this redevelopment.

With respect to soil conditions, the applicant has entered into an Agreement of Purchase and Sale with Shell Canada conditional upon satisfactory cleanup of the site. The Agreement provides the applicant with limited opportunities for soil testing at present. However, a comprehensive analysis will be undertaken when the existing gas station tenant leaves and gasoline tank removal is initiated.

As part of site plan approval, the applicant shall be required to submit any necessary studies which demonstrate that the site and any abutting city-owned lands or easements can be remediated to accommodate the intended use. The studies will identify any migration of contamination off-site which may require further action by the Ministry of Environment. The reports will be subject to a peer review and a record of site condition will be required prior to issuance of a building permit.

Discussion:

Land Use and Zoning

The property is located on a major arterial road (York Mills Road) and is in a good location on the edge of the Business Park to provide a range of retail and service commercial uses. In principle, the proposal meets the intent of OPA 443 by providing commercial uses along the major arterial road which are supportive of and compatible with the surrounding employment uses of the Business Park. A similar application was approved for increased retail uses in the area on the south side of York Mills Road and limited retail uses are permitted on the north west corner of York Mills Road and Lesmill Road. The amended MO zone will ensure that the technical requirements of the zoning by-law are met to protect and promote the prestige nature of the Business Park.

In keeping with the zoning regulations applicable to other industrial arterial road frontage sites an increased range of retail and service commercial uses is recommended at a maximum density of, the lesser of, 0.5 FSI or 5,000 m².

Urban Design

The intersection of York Mills Road and Lesmill Road serves as the south entrance into the Business Park. Currently there are vacant buildings and under-utilized properties within the immediate area. The proposed development will facilitate the articulation of this important intersection and serve to enhance the general appearance of the area. The proposed setbacks will allow for a street-related building, sufficient landscaping along the street frontages and buffering from abutting properties. Parking and loading facilities will be situated to the rear and side of the proposed building. Landscaping, building facade, parking lot design and loading space configuration will be reviewed in detail at the site planning stage.

Conclusions:

The proposed building having increased retail and service commercial uses meets the general land use principles of OPA 443. The proposed development will serve as an improvement to this important intersection and provide a fitting entrance into Business Park. The new development will provide increased amenities to the businesses within the area. The amended MO(6) zoning will ensure the preservation of the prestige nature of the industrial park.

Contact Name:Mary McElroy, Planner

Phone: 395-7100Fax: 395-7155

Bryan Tuckey

Acting Commissioner of Planning

Schedules:

AOfficial Plan Map

BZoning Map

CSite Plan

DLetter to Area Businesses - Community Consultation Feedback

ETransportation Department Comments

FPublic Works Department Comments

GPublic Health Department Comments

APPENDIX A

During the Site Plan Approval stage, the following shall be achieved:

i)Appropriate urban design measures shall be implemented to ensure this site reflects a gateway to the Business Park. Urban design measures shall include the appropriate siting of the building at the street edge, provision of massing/height definition at the corner of the building at the intersection of York Mills Road and Lesmill Road, extending the west elevation along Lesmill Road, and the introduction of landscaping along the boulevard on both street frontages;

ii)The parking lot design shall incorporate additional landscaping to reduce the pavement area;

iii)To ensure an appropriate edge treatment with abutting properties, the rear and side lot lines shall be appropriately landscaped;

iv)The applicant shall be required to provide the necessary studies demonstrating that the site and any abutting city-owned lands or easements can be remediated to accommodate the intended use. The studies shall also identify migration of contaminants to abutting properties which may require further action by the Ministry of Environment as per the Environmental Protection Act. The reports shall be subject to a peer review at the expense of the applicant. A record of site condition will be required prior to issuance of a building permit; and

v)The technical comments of the Transportation Department (Schedule "E"), Works and Emergency Services Department (Schedule "F") and Public Health Department (Schedule "G") shall be addressed.