June 19, 1998
To:Scarborough Community Council
From:Lorne Ross, MCIP, RPP
Commissioner of Planning and Buildings
Subject:Official Plan Amendment Application P97011
Zoning By-law Amendment Application Z97031
Ontario Hydro
Part of Lot 32, Concession 2
Scarborough Wexford
Purpose:
This report presents recommendations to amend the Ellesmere Employment District
Secondary Plan and the Employment Districts Zoning By-law (Ellesmere) from Ontario
Hydro Corridor and Public Utilities to General Employment and Mixed Employment Zone
(ME) respectively, including provision for limited Vehicle Service and Repair Uses. The
applications affect the vacant former Ontario Hydro corridor lands located on the east side of
Warden Avenue, south of Metropolitan Road, as shown.
Recommendations:
It is recommended that City Council amend the Ellesmere Employment District Secondary
Plan and Zoning By-law, as amended, with respect to the lands located on the east side of
Warden Avenue, south of Metropolitan Road, being former Ontario Hydro transmission
corridor lands known municipally as Part of Lot 32, Concession 2, by:
(A)Official Plan
(1)deleting the Ontario Hydro Corridor designation and replacing it with a General
Employment Uses designation; and,
(2)adding the following Numbered Policy:
"East of Warden Avenue, South of Metropolitan Road
Vehicle Service and Repair Uses are permitted, provided they are limited to facilities and
services provided only to vehicles directly associated with the primary industrial function of
the property."
(B)Zoning By-law:
(1)deleting the "Public Utilities" (PU) zoning and adding "Mixed Employment - Holding"
(ME - H) zoning 3;
(2)deleting Exception No. 301;
(3)adding the following development standards:
-gross floor area of all buildings minus the gross floor area of all basements shall not
exceed 0.40 times the area of the lot;
-maximum gross floor area of restaurants, including take-out restaurants, shall not exceed
510 square metres (5,500 square feet);
-retail stores, financial institutions, personal service shops and restaurants shall only be
located within 140 metres (460 feet) of the Warden Avenue streetline;
-vehicle parking or storage for a Vehicle Service Garage shall be prohibited in all street
yards;
-maximum combined gross floor area for a Vehicle Service Garage and Vehicle Service
Station: 370 square metres (4,000 square feet);
-minimum street yard setback: 3 metres;
-minimum rear yard setback: 7.5 metres;
-minimum side yard setback: 3 metres;
-the provisions of the By-law shall apply collectively to the land, notwithstanding its future
division into two or more parcels.
(4)providing that prior to the removal of the Holding Provisions (H) from the zoning, only
the following uses shall be permitted:
-Day Nurseries;
-Education and Training Facilities;
-Financial Institutions;
-Industrial Uses;
-Offices;
-Personal Service Shops;
-Places of Worship;
-Recreational Uses;
-Retail Stores (excluding take-out restaurants);
-Vehicle Service Garage and/or Vehicle Service Station limited to facilities and services
provided only to vehicles directly associated with the primary industrial function of the
property;
(5)providing that the Holding Provision (H) used in conjunction with the Mixed
Employment (ME) zone shall be removed in whole or in part by amending By-law when
Council is satisfied as to the acceptability of mutual access arrangements between the
various uses on the property and/or the abutting property at 1575 Warden Avenue, as well as
the acceptability of the proposed Site Plan, to adequately accommodate vehicle access from
and egress to Warden Avenue;
(C)designate the property as a Site Plan Control Area; and
(D)authorize such unsubstantive technical, stylistic or format changes to the Official Plan
and Zoning By-law amendments as may be required to properly carry out the intent of this
resolution.
Background:
The subject applications have been submitted for Ontario Hydro by Goodman and Carr,
Solicitors, on behalf of North American Realty Acquisition Corp. (CentreCorp), which is
purchasing this portion of the corridor subject to obtaining necessary planning approvals for
development of the lands. The corridor from Lawrence Avenue to McNicoll Avenue was
declared surplus to Ontario Hydro's needs in March, 1996 and has not carried electricity in
over a decade.
The subject lands comprise approximately 2.6 ha (6.4 acres) with a frontage of 90.8 m (298
ft.) on Warden Avenue, an average width of 61 m (200 ft.) and depth of 430 m (1,410 ft.).
Adjacent uses include a mix of industrial, vehicle sales, service station and industrial
commercial uses, with the CP rail line at the eastern extremity of the property. To the west
across Warden Avenue are single family dwellings having reversed frontages on Warden,
and a further portion of the same surplus Ontario Hydro corridor being sold separately.
The applications propose 510 m² (5,500 sq.ft.) of commercial uses, currently in the form of
two free-standing restaurants, on the front portion of the property and 7 432 m² (80,000
sq.ft.) of industrial use on the rear. The proposed industrial use consists of a catering (food
preparation) business (Meal Makers Ltd.), with associated kitchen facilities, offices and
storage to service independently owned and operated mobile vending ("coffee") trucks, as
well as banquet halls, clubs and similar customers. Meal Makers currently operates from a
number of facilities across the City and is seeking to consolidate its operation in one
location. The proposal includes 80 indoor overnight parking spaces for the vending trucks,
together with 339 m² (3,648 sq.ft.) of vehicle refuelling, washing and minor maintenance
space for those vehicles. The indoor parking is also required to enable weather protected
loading of the vending trucks, primarily during the early morning hours.
An application for Consent to sever the property (B97055) into three parcels for the two
restaurants and the industrial use has also been submitted as indicated on Figure 2. In order
to meet the Zoning By-law requirement for frontage on a public street for the rear industrial
parcel, the plan identifies an extension of the parcel (Part C) between the two parcels to be
retained. All parcels would enjoy mutual easements as indicated by the proposed driveway
access.
The Council of the former City of Scarborough on September 16, 1997 considered a
Preliminary Evaluation Report on the Official Plan and Zoning By-law amendment
applications and directed the normal processing of the applications with the Public Meeting
targeted for the first quarter of 1998. The Council also directed initiation of an Official Plan
Amendment to amend Schedule "C", the Roads Plan of the former City of Scarborough, to
add a new road linking the eastern terminus of Metropolitan Road southerly to Warden
Avenue through Continental Place, in part across the rear of the subject lands. Statutory
Notice has been issued in that regard for a Public Meeting to consider the amendment
(W98009), scheduled on this agenda.
The proposed development concept is indicated on Figure 3. Revisions to the concept
originally submitted include deleting one of two northerly restaurant pads, reducing the size
of the restaurant on the southerly parcel to be created, and enlarging the proposed industrial
building. The property is not currently designated as a Site Plan Control Area, and a Site
Plan Control Application has not been submitted to date.
The adjacent Shell Canada property at 1575 Warden Avenue is currently the subject of a
Site Plan Control application to permit site redevelopment with an enlarged kiosk including
convenience retail sales. Staff review of that application is nearing completion for the
purposes of final approval.
The subject lands were not included by the former City of Scarborough Council last year in
Official Plan Amendment 1001 which added an Open Space designation to much of this
surplus Ontario Hydro, and are not subject to ongoing proceedings in that regard before the
Ontario Municipal Board.
The Official Plan currently designates the subject lands Ontario Hydro Corridor,
providing for the primary transmission of the public utility, with limited secondary uses
permitted which include parking lots, walkways, bikeways, gardening plots and recreational
uses. Similarly, the lands are currently zoned Public Utilities (PU) permitting public utilities,
pipelines and horticulture.
The current Official Plan and Zoning By-law provisions for the General Employment
designation and Mixed Employment Zone (ME) respectively are set out on the attached
Appendix.
Comments:
1.Industrial operators are generally permitted fuelling and maintenance facilities to service
their own vehicle fleets. The current proposal is somewhat unique in that these facilities are
industrial in nature but intended to service independent vending truck operators being
supplied by Meal Makers. Accordingly the proposal falls within the realm of auto-related
service use.
The Council of the former City of Scarborough in 1995 limited auto-related service uses to
specific suitable locations within certain employment districts, particularly where properties
are accessible only from interior local streets. Within the Ellesmere Employment District,
vehicle service uses, limited to vehicle service garages only, are permitted adjacent to the
subject lands on properties fronting on Metropolitan Road. As well, the Industrial
Commercial (MC) and Industrial District Commercial (MDC) zoning for abutting properties
fronting Warden Avenue currently provides for the full range of vehicle sales, repair and
service uses including autobody repair and painting.
In this context, it would be appropriate to accommodate the proposed ancillary fuel, wash
and repair facilities on a limited basis within the Official Plan and Zoning By-law
amendments for the industrial use. Council may wish, however, to ensure such facilities do
not expand and become accessible to the general public over time should the industrial
operation cease, particularly as the proposed industrial parcel would retain access from
Warden Avenue. I believe the appropriate treatment in this case would be to establish a
numbered policy permitting limited "vehicle service garage" and "vehicle service station"
uses serving the primary industrial use, allowing for the sale and installation of vehicle parts
and accessories, maintenance and repair of vehicles, sale of fuel, and manual vehicle
washing as presently proposed by Meal Makers.
2.The applications have been circulated to the usual commenting agencies. Most have
indicated no concerns, however Transportation staff have serious concerns with respect to
site accessibility, particularly given traffic associated with the proposed restaurant uses. The
proposed site access from Warden Avenue has been located at the southern extremity of the
property to maximize separation from the Metropolitan Road intersection. South-bound left
turns onto the site do not present a problem given the existing centre left turn lane on
Warden.
There are concerns regarding traffic exiting the site turning left (south-bound) onto Warden,
however, due to traffic volumes throughout the day and particularly the queuing of traffic
associated with the traffic signals at Metropolitan Road. Staff have considered the option of
limiting such movements during peak periods through signage and By-law restriction. Given
documented traffic volumes on Warden in both directions during peak periods and the
differing peak periods of various types of restaurants, including take-out restaurants, which
generate higher traffic volumes by floor area than other uses, however, staff remain
concerned that the potential for error in the judgement by drivers still attempting the
south-bound exit during such peak periods presents an unacceptable risk. While the
applicant has reduced the amount of proposed restaurant space in response, staff feel the
only acceptable measure to accommodate traffic exiting the property is to physically limit
such movements to north-bound exits only.
3.Notwithstanding this proposed limitation, the applicant remains concerned about the
ability to attract restaurant tenants, particularly "fast-food" operators who generally demand
unrestricted site access/egress for customers during peak hours. The applicant advises that
negotiations with the land owner to north to secure access to Metropolitan Road over 1615
Warden Avenue have not been successful. The purchaser of the Hydro lands (CentreCorp)
has, however, submitted a Mutual Access Agreement with Shell Canada to provide for a
shared access over both properties. This arrangement is acceptable to staff, however it would
be appropriate to apply a Holding (H) provision to any rezoning of the Hydro lands for
restaurant and take-out restaurant uses to ensure finalization of such arrangements through
the site plan and consent processes.
4.Exception 301 of the Zoning By-law permits a parking lot on the subject lands adjacent
to the rear of 25 Metropolitan Road. The applicant advises there are currently no
arrangements in place for this purpose, and a parking lot in this location would interfere with
the current site plan concept. It would therefore be appropriate to remove this permission in
rezoning this property.
5.The proposed lot division would render the industrial parcel a "key-hole" lot, which
generally is not desirable from a planning standpoint. In this case the nature of the industrial
operation does not rely on public visibility from Warden Avenue, and the City's initiative to
identify a new road linking Metropolitan Road to Continental Place over the rear of the
subject lands will in time provide enhanced alternative frontage and accessibility for the
industrial use.
6.Should the subject applications be approved, it would be appropriate to designate the
subject lands as a Site Plan Control area in accordance with Council site plan policies.
7.The development standards proposed in the Recommendations generally reflect those
standards applicable to the abutting Industrial District Commercial (MDC) and General
Industrial (MG) zones respectively. In view of the concerns regarding traffic generation,
however, it is also recommended that restaurant space be capped at the level now proposed
by the applicant. All other general provisions of the By-law, including parking requirements,
would continue to apply.
8.The subject lands are prominently located on Warden Avenue, close to Highway 401, and
have substantial development potential. They are constrained, however, by a long, narrow
and angular configuration, with limited street frontage in close proximity to the signalized
intersection at Metropolitan Road. The context of this site lends itself to development with a
variety of uses, as opposed to a single use such as purely office, retail or industrial.
The Official Plan provides that in rezoning the property for General Employment Uses,
Council may limit retail and service uses to the front portion of the property, and the size of
any individual use. This approach is desirable and is reflected in the Recommendations. As
well, the Plan encourages vehicle circulation between projects and the use of common
access points, as is currently provided for in both the proposed site plan and the site plan for
the adjacent Shell property.
9.Providing for an expanded range of employment generating uses on the front portion of
the property and primarily industrial use on the remainder will provide enhanced service to
this employment district and the travelling public, and would assist a growing local business
to remain in the area. As this proposal would contribute substantially to the economic
development objectives of this City, I am pleased to recommend the applications for your
approval.
Contact Name:
Rod Hines, Principal Planner
Phone: (416) 396-7020
Fax: (416) 396-4265
E-Mail: hines@city.scarborough.on.ca
Lorne Ross, MCIP, RPP
Commissioner of Plann
APPENDIX 1
Existing Official Plan Polices for the General Employment Designation:
1.Council may permit the following uses in areas designated for General Employment:
-industrial uses
-recreational use
-offices
-Community Facilities
-retail and service uses
-training and educational facilities
Uses which possess excessive noxious characteristics shall not be permitted. Upon the
satisfactory elimination or reduction of noxious aspects, such uses may be permitted by
rezoning without amendment to the Official Plan.
2.In considering rezoning proposals in General Employment areas, Council shall have
regard for:
-the impact on existing and planned commercial centres;
-compatibility with existing and planned adjacent uses;
-the adequacy of existing and planned municipal services and roads;
-the intent to encourage development of non-retail and non-service employment-generating
uses;
-the need to provide the local population with retail sales and services over and above those
provided by traditional shopping centres.
3.When zoning for retail and service uses in accordance with the above considerations,
Council may:
-limit retail and service permitted to a proportion of built floor space for offices and
industrial uses with the amount to be calculated on the portion of the property between the
major road and the local road or the equivalent depth;
-limit retail and service uses to the portion of the property immediately abutting the major
road;
-ensure that, where feasible, the amount of retail and service uses are matched by offices or
industrial uses with in the area where retail uses are permitted;
-ensure that adequate on-site parking facilities are provided;
-limit the size of any individual retail and service uses.
4.Council shall promote a quality business image through site plan control by using the
following guidelines:
-integrate signs with the building design and use permitted ground signs to promote a
unified project image;
-encourage the intensity of development along the streetline to both create an attractive
streetscape as well as a buffer from the industrial activities in the interior of Employment
Districts, while respecting existing building locations;
-promote provision for vehicle circulation between projects and encourage common use of
access points while providing for pedestrian amenities;
-segregate the parking areas from shipping and receiving areas and screen both functions
from street view.
Existing Zoning By-law Provisions for the Mixed Employment Zone (ME):
(a)Permitted Uses
-Day Nurseries
-Educational and Training Facility Uses
-Financial Institutions
-Industrial Uses
-Offices
-Personal Service Shops
-Places of Worship
-Recreational Uses
-Restaurants
-Retail Stores
(b)Supplementary Regulations
(i) All Uses shall be conducted wholly within an enclosed building.