May 14, 1998
To:Scarborough Community Council
From:Lorne Ross, MCIP RPP
Commissioner of Planning and Buildings
Subject:PRELIMINARY EVALUATION REPORT
Official Plan Amendment Application P97024
Zoning By-law Amendment Application Z97062
Paul Viaros
381- 383 Birchmount Road
Part of Block A, Registered Plan 1204
Birchmount Park Employment District
Ward 13 - Scarborough Bluffs
Purpose:
Mr. Paul Viaros has applied to amend the Official Plan and Zoning By-law to provide for
Auto-related Mixed Use to permit retail and service uses including vehicle sales, in addition
to the existing employment uses on an industrial property at the south-east corner of
Birchmount Road and Raleigh Avenue. The applicant requests permission to use
approximately 35 square metres (376 square feet) of the existing 375 square metre
(4036 square feet) industrial building at 381-383 Birchmount Road, for an automobile sales
business.
Recommendations:
That Council refuse the applications by Paul Viaros to amend the Official Plan (P97024)
and the Employment District Zoning By-law (Z97062) to permit 35 square metres (376
square feet) of the existing industrial building to be used for an automobile sales business.
The land is designated and zoned for General Industrial Uses providing for employment uses
and the proposed site-specific amendments for Auto-related Mixed Use would be
incompatible and not appropriate for this area. The intent of the Auto-related Mixed Use
designation is to include a variety of commercial, highway commercial, office, residential
and community facility uses. The mixing of incompatible uses such as industrial and vehicle
sales and outdoor storage of vehicles are not permitted in this designation.
Background:
(1)The subject property is situated on the south-east corner of Birchmount Road and
Raleigh Avenue, with frontage and access on Raleigh Avenue. The bulk of the building is
used by the applicant's heating and airconditioning shop. The car sales office occupies the
north part of the building. The site is surrounded by industrial uses on the west, a vehicle
repair operation on the east, a service station and car lot on the north, and the CNR on the
south. Raleigh Avenue contains a mix of industrial and residential uses, including
automobile service and garage uses which have legal non-conforming status.
(2)The Official Plan provides for General Industrial Uses with High Performance
Standards.
(3)The site is zoned General Industrial Uses permitting day nurseries, educational and
training facility uses, industrial uses, places of worship, recreational uses and offices,
excluding medical and dental offices.
The site is under site plan control.
(4)In 1995, the former City of Scarborough Council undertook Official Plan and Zoning
changes to restrict vehicle service and repair uses in Employment Districts to the interior of
specific Employment Districts away from arterial roads and residential areas. Council's
initiative also separated the various elements previously incorporated in the definition of
public garages, in order to provide for clarity in the zoning By-law, and as a result provided
separate definitions for Vehicle Repair Garages, Vehicle Sales Operations, Vehicle Service
Garages and Vehicle Service Stations. Vehicle Sales Operations are permitted only in the
following zones: Industrial Commercial Zone (MC), Industrial District Commercial Zone
(MDC), Highway Commercial Zone (HC), District Commercial Zone (DC) and Vehicle
Service Zone (VS).
(5)The applicant has submitted a drawing indicating that four parking spaces can be
provided in the front yard to accommodate the needs of the proposed use. An additional
eight parking spaces can be accommodated at the rear of the property to satisfy the needs of
the other tenants.
(6)In 1992, the applicant submitted a minor variance application (A261/92) to the
Committee of Adjustment to permit an auto sales operation. The application was approved
by the Committee for a period of three years. In 1995, when the variance lapsed, the
applicant applied again to the Committee (A284/95) to extend the permission for an auto
sales operation for an additional three years. Committee refused the application indicating
that the variance would not maintain the general intent and purpose of the Official Plan and
Zoning By-law, which provide for Industrial Uses. The Committee indicated that this is a
matter more appropriately dealt with by Council as Zoning By-law and Official Plan
amendments.
The Committee's decision was appealed to the Ontario Municipal Board, and the Board
dismissed the appeal. This prompted the applicant to submit the current applications.
(7)The applications have not been circulated to technical agencies and departments for their
comments. Planning staff have discussed the staff position with the applicant and with the
Councillors for Scarborough Bluffs.
Comments:
Planning staff have met with the applicant on several occasions to discuss this proposal.
Staff have expressed concern with the applicant's proposal because it does not maintain
Council's intent with respect to auto-related uses in our employment areas and along major
roads. Also, if approved, the application would entail a spot Official Plan amendment for a
small site and would not meet the broader objectives of the Official Plan to maintain
integrity and continuity for the continuous viability of employment generating uses. There
are other more appropriate areas in the municipality along arterial roads that can
accommodate this use.
The applicant has been encouraged by Planning staff to withdraw his applications. The
applicant has however requested that we report his applications to Council.
Conclusions:
The applicant's proposal to introduce retail and service uses and vehicle sales in addition to
the existing employment uses, will conflict with Council's policy of removing auto-related
uses from major street frontages in Employment Districts. The intent of the Auto-related
Mixed Use designation is to include a variety of commercial, highway commercial, office,
residential and community facility uses. The mixing of incompatible uses such as industrial
and vehicle sales and outdoor storage of vehicles are not permitted in this designation.
A spot Official Plan amendment for this site cannot be supported because it would provide
for an undesirable and incompatible use within a small portion of the building. The vehicle
sales operation would also be incompatible with the industrial use carried by the applicant in
the remaining part of the building, is not appropriate for this area, and would not be good
planning. I therefore recommend that Council refuse these applications.
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