October 29, 1998

To:Scarborough Community Council

From:Ted Tyndorf, MCIP, RPP.

Director of Community Planning, East District

Subject:PRELIMINARY EVALUATION REPORT

Scarborough Malvern

and

PRELIMINARY EVALUATION REPORT

Zoning By-law Amendment Application Z98029

Dar-Zen Holdings Limited

4800 - 4810 Sheppard Avenue East

Part of Lot 21, Concession 3

Marshalling Yard Employment District

Scarborough Malvern

Purpose:

Zoning By-law Amendment Application Z98028:

Autopartners Inc., on behalf of the owner, has applied to permit an 83.3 square metres (897 square feet) Vehicle Sales Operation in conjunction with the existing vehicle leasing business within Unit 114 located in a building on the lands shown on the adjacent map and on Figure 2.

Zoning By-law Amendment Application Z98029:

Fred Reisman and Associates Ltd., on behalf of the owner, has applied to permit Vehicle Service Garages within the existing two industrial and commercial buildings on the lands shown on the adjacent map and Figure 2.

Financial Implications:

None

Recommendations:

It is recommended that Council direct the Director of Community Planning, East District to process the applications in the normal manner subject to:

(1)the applicant amending rezoning application Z98029 to permit

370 square metres (4,983 square feet) of Vehicle Service Garages within the rear half of Unit 102, and within Units 103 and 104, in the westerly building on the subject property.

(2)holding a Community Information Meeting with expanded notice beyond 120 metres

(400 feet) of the subject property. The expanded notice would be to the residents on Shorting Avenue and south of Sheppard Avenue, along Havenview Road, Glenstroke Drive, Lockdare Street and Kentish Crescent. The date of the Community Information Meeting to be determined in consultation with the Ward Councillors.

(3)targeting the Public Meeting for both applications in early 1999.

Background:

The rezoning applications result from an Ontario Municipal Board decision of September 4, 1997 on a minor variance application (A48/97) for the subject property to permit:

(a)the existing 221.4 square metre (2,384 square feet) vehicle service garage to remain in Unit No. 103 and the rear half of Unit No. 102 until August 21, 1998.

(b)83.3 square metres (897 square feet) of vehicles sales in the rear half of Unit No. 114 to be operated in conjunction with the existing auto leasing business in the unit.

Committee of Adjustment on April 9, 1997 approved the variance subject to restricting, in the respective units, all vehicle servicing, vehicle sales and associated storage of vehicles to within the units and, prohibiting autobody repair, auto painting, outside storage of auto parts, and any signage advertising vehicles for sale from being visible from Sheppard Avenue.

On April 25, 1997, the City Solicitor, as directed by the former Scarborough Council, appealed the Committee of Adjustment's decision. The variance was considered not to meet the four tests for a minor variance. Generally, Council considered that the minor variance was not in conformity with the recent Official Plan policies resulting from the Vehicle Service and Repair Study which described where vehicle service and repair uses could be introduced within the Employment Districts.

The Ontario Municipal Board granted the variance until August 31, 1998 subject to the applicant submitting a rezoning application and to imposing the conditions applied by Committee. The rezoning applications were made on August 26, 1998, with the application for the vehicle service garage use being expanded to include the two existing buildings. These buildings have a gross floor area of 5,629 square metres (60,588 square feet).

The Official Plan designates the subject property Industrial District Commercial and by Numbered Policy 7, General Industrial Uses with High Performance Standards are also permitted. The site is also subject to the Business District policies which provide offices and commercial uses secondary to offices along the Sheppard Avenue frontage. Industrial District Commercial provides for commercial facilities and services to serve the local occupants of an industrial area. General Industrial Uses with High Performance Standards permits all industrial, scientific, technical research and development, training and educational facilities, offices, recreational uses, manufacturing and warehousing uses except those which are noxious. Limited retailing which is subordinate and incidental to and not independent of a principal use, is permitted ancillary to manufacturing, assembling and processing. High Performance Standards may include special requirements for: limitation of uses, siting, landscaping areas, parking, external building materials, signs, prohibition or screening of outside and open storage.

The property is zoned Industrial Zone (M) and Industrial District Commercial Zone (MDC). The Industrial Zone permits day nurseries, educational and training facility uses, industrial uses, offices excluding medical and dental offices, places of worship, and recreational uses. The Industrial District Commercial Zone permits the proposed vehicle service garage and vehicle sales operation uses. However, Exception 61 which applies to the subject property, restricts the commercial uses to: financial institutions, personal service shops, recreational facilities excluding pinball machines and other electronic or manually operated games, restaurants, retail stores, offices, and places of worship. Exception 202 prohibits non-accessory ground signs excluding marketplace signs and wall signs which are non-accessory.

The Zoning By-law also restricts the commercial uses on the property to be located within 25 metres (82 feet) of Sheppard Avenue and 125 metres (410 feet) of Shorting Road, to a maximum gross floor area of 4,650 square metres (50,054 square feet).

A minor variance (A154/94) to permit the sale and installation of automobile glass within a 150 square metre (1,615 square feet) unit, Unit 104, on the subject property was granted in August, 1994 for five years. The variance was conditional upon all installation work occurring within the building.

The subject property contains two, one-storey multi-unit buildings of approximately 40 units on the western portion of the property. The easterly portion is vacant however Site Plan Control approval for two, one-storey commercial buildings was granted in August, 1998. A consent to divide the lands into two separate ownerships was granted on October 5, 1998, with the last day for appeal being October 28, 1998. Notwithstanding the land division, the properties would function as one development with the Zoning By-law provisions applying collectively.

Surrounding land uses include: industrial to the north and west; residential, a service station and a small commercial plaza to the south; and, single-family dwellings and commercial uses including a car dealership and vehicle service garage uses immediately to the east.

Comments:

Potential Concerns

The existing buildings are multi-unit buildings as will be the proposed buildings on the easterly portion of the property. A total of 314 parking spaces will be provided. While there is sufficient parking to accommodate the existing and proposed uses to meet the Zoning By-law requirements, parking spaces used for potential outside vehicle storage could create a parking shortfall for the entire development.

The U-shaped configuration of the existing buildings creates interior loading courtyards. Operational conflicts for gaining access to and from the loading areas could occur should these interior areas become congested with the outside storage of vehicles, vehicle parts or waste.

Four restaurants are located within the easterly building. A vehicle service garage use may not be the most desirable use immediately adjacent to the restaurants or other permitted commercial uses within the commercial "zone" on the property.

The proposed vehicle sales use could lead to other similar applications which may involve the display of vehicles within the street yard. The area in front of the existing buildings along the Sheppard Avenue frontage is currently landscaped.

Potential Benefits

The U-shaped configuration of the existing buildings minimizes the visual impact from Sheppard Avenue and Shorting Road of vehicles being serviced.

The vehicle sales operation use in Unit 114 is limited in size and volume in that the vehicles that are sold are the leased vehicles. The operation within the unit is primarily a leasing office with the vehicle sales being an ancillary use. Approximately 15 cars have been sold in the last year and a half. The operation does not function as a car dealership where vehicles are stored within compounds. Vehicles for lease arrive from the dealerships for lessee pick-up. Vehicles that are required to be stored are stored at another location within Scarborough.

The conditions imposed by Committee of Adjustment regulating matters such as outside storage, autobody repair and auto painting, and signage fronting Sheppard Avenue, can be implemented through Performance Standards in the Zoning By-law.

Conclusions:

Potential conflicts between the permitted commercial uses and the proposed vehicle service garages including conflicts within the interior loading courtyards may occur. The applicant for rezoning application Z98029 therefore should be requested to limit the proposed vehicle service garage use to the 370 square metres (4,983 square feet) currently occupied by the use within the westerly building on the subject property.

Contact Name:

Sylvia Mullaste, Planner

Phone: (416) 396-4265

Fax: (416) 396-5244

E-Mail: mullaste@city.scarborough.on.ca

Ted Tyndorf, MCIP, RPP.

Director of Community Planning, East District

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