April 28, 1998

 To:Scarborough Community Council

 From:Lorne Ross, MCIP, RPP

Commissioner of Planning and Buildings

 Subject:Zoning By-law Amendment Application Z97021

City-initiated

585 & 587 Kennedy Road

Part of Lot 3 and Part of Lot 4, Plan 3507

Kennedy Park Community

Scarborough City Centre

 Purpose:

 This report presents recommendations to amend the Kennedy Park Community Zoning By-law with respect to a former City of Scarborough Council direction to change the zoning of two parcels of land on Kennedy Road from Highway Commercial and Single-family Residential to Multiple Family Residential, consistent with the Medium Density Residential (RM) provisions of the Official Plan.

Recommendations:

 That Council amend the Kennedy Park Community Zoning By-law, as amended, with respect to

585 and 587 Kennedy Road, being Part of Lot 3 and Part of Lot 4, Plan 3507, as follows:

 A.Zoning By-law Amendment

 1.Permitted Use: Multiple Family Residential;

 2.One suite (individual dwelling unit) per 199 m5 (2,142 square feet) of lot area;

 3.Minimum front yard setback 6 metres (20 feet);

 4.Minimum side yard building setback:

for single-family dwellings 0.9 metres (3 feet) from side lot lines;

for semi-detached dwellings, 0.9 metres (3 feet) from side lot lines on one side only;

for a row of townhouses, 0.9 metres (3 feet) from end walls to side lot lines;

 5.Minimum rear yard setback 7.5 metres (25 feet);

 6.Maximum coverage: 50 percent of the area of the lot or parcel;

 B.That Council authorize any unsubstantive technical, stylistic or format changes to the Zoning By-law Amendment as may be required to give effect to this resolution.

 Background:

 1.The land is designated Medium Density Residential (RM) in the Official Plan. The Kennedy Park Community Secondary Plan provides for a maximum net residential density of 50 units per hectare (20 units per acre) in this area. It is intended that the Medium Density Residential designation will predominantly provide accommodation with at-grade access for families with young children, but it will also provide a choice of intermediate density low-rise accommodation for individuals and families without young children.

 The Medium Density Residential designation provides for a variety of dwelling unit types including street townhouses, stacked townhouses, low-rise apartments and other such projects, to a maximum height of four-storeys. In addition, the Official Plan provides for single and semi-detached dwelling unit forms within this designation.

 2.The land is zoned Highway Commercial and permits Day Nurseries, Places of Worship, Automobile Service Stations, Funeral Homes, Hotels and Motels, Libraries and Art Galleries, Limited Retail Shopping, Professional and Business Offices, and Recreational Uses. The land is under site plan control.

 3.The subject land is bounded by one and two-storey single-family dwellings on the east and south, by Pine Hills Cemetery on the west and vacant, undeveloped land on the north. Each property has a residential building on it.

 The 585 Kennedy Road property has a frontage of approximately 18 metres (60 feet). The 587 Kennedy Road property, according to the assessment rolls, has a frontage of 17 metres (57 feet). Both properties have a depth of approximately 42 metres (137 feet), and together have a combined lot area of approximately 1500 m5 (16,150 square feet).

 4.In January of 1997, the former City of Scarborough Council directed the Commissioner of Planning and Buildings to undertake a Zoning By-law amendment to rezone the two properties, to bring them into conformity with the Official Plan. Council also directed that staff initiate a consultation process to include the two property owners, Ward Councillors, adjacent residents and any affected community association, as part of the rezoning process.

 5.Planning staff met with both property owners on at least two occasions and explained Council=s direction and the planning process. Both property owners expressed concern about loosing the commercial status of their property. The owner of 587 Kennedy Road runs a business and also resides on the property. The owners of 585 Kennedy Road indicate that

 they purchased the commercial property as an investment and had leased it to a used car sales business. This business has recently vacated the premises.

 6.A Community Information Meeting was held on February 10, 1998. Approximately 60 notices were sent out and 15 people attended the meeting. Councillor Berrardinetti was also in attendance. Comments and concerns raised at the meeting can be summarised as follows:

 -garbage has been accumulating on the sites and should be cleaned up;

-585 Kennedy Road was used illegally as a used car lot;

-too many vehicles are parked at 587 Kennedy Road;

-high-rise buildings should not be permitted.

 Comments:

 1.At this time, there are no development applications pending and we do not have any specific development proposal tailored to the site. The lot area of the two properties (if they were to be redeveloped together) is approximately 1500 m5 (16,150 square feet). If we apply the Official Plan density of 50 units per hectare (20 units per acre) permitted for Medium Density Residential, up to seven residential units may be developed on this site. In addition to townhouses, single-family and semi-detached dwellings could also be provided on this site. This is consistent with the policies of the Official Plan and these uses are permitted in the Multiple-Family Residential Zone. This would implement Council=s direction, maintain low building heights, and would adequately address the community=s concerns.

 Presently, each of the existing properties has its own driveway on Kennedy Road. Potential redevelopment of the site with six or seven residential units can be accommodated with direct access to Kennedy Road, provided that driveways are paired. The one or two additional driveways would not significantly impact the operational capacity of Kennedy Road.

 2.The By-law presently restricts building coverage to 33 percent of the lot in residential areas, to ensure that sufficient space remains for vehicle parking and for private open space. However, to achieve reasonable medium density development on narrow properties that may result in this case, the building coverage should be increased to a maximum of 50 percent on this site. The 42 metres (137 feet) deep lots would adequately accommodate the residential units and provide for vehicle parking and sufficient rear yard for the enjoyment of the residents.

 3.The application was circulated to technical agencies and departments for their comments. There were no comments or objections raised to the proposed Zoning By-law amendment by the reporting agencies.

 4.The present property owners have expressed concern about the potential loss of commercial value of the property since they acquired land zoned Highway Commercial. The use of the properties on the day the amending by-law is passed, may continue as a legal non-conforming use, for as long as the use continues uninterrupted. When the existing use on these two parcels ceases to operate, then the non-conforming status will be lost.

 5.Following the community information meeting, planning staff discussed the community concerns about garbage accumulation on these sites with the respective property owners. The owner of 585 Kennedy Road agreed to review the situation and remove the garbage and flags from the site. On further investigation, we can confirm that the garbage and flags have been removed, however, the site contains several vehicles in various stages of disrepair.

 Conclusions:

 The proposed rezoning of this land to Multiple Family Residential will implement the policies of the Kennedy Park Community Secondary Plan and will provide for the removal of the Highway Commercial zoning.

  Contact Name:

 Aristotle Christou, Senior Planner

(416) 396-5228

(416) 396-4265 Fax No.

christou@city.scarborough.on.ca

Respectfully submitted,

Lorne Ross, MCIP, RPP

Commissioner of Planning and Buildings

ATC/KS/atc