October 14, 1998

To:Scarborough Community Council

From:Ted Tyndorf, MCIP, RPP

Director, Community Planning, East District

Subject: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:

To recommend approval of Official Plan Amendment Application P97024 and Zoning By-law Amendment Application Z97062, to amend the Birchmount Park Employment District Secondary Plan and the Employment Districts Zoning By-law with respect to 381-383 Birchmount Road, to add an Industrial District Commercial designation and zoning, permitting retail stores and personal service shops to the existing General Industrial Uses designation and zoning on this site.

Recommendations:

It is recommended that City Council:

(A)Official Plan Amendment:

amend the Birchmount Park Employment District Secondary Plan with respect to the property located at the south-east corner of Birchmount Road and Raleigh Avenue, by adding an Industrial District Commercial designation to the General Industrial Uses with High Performance Standards designation and by adding the following Numbered Policy:

"South-East Corner of Birchmount Road

and Raleigh Avenue

The General Industrial Uses with High Performance Standards designation applies in addition to the Industrial District Commercial designation.";

(B)Zoning By-law Amendment:

amend the Employment Districts Zoning By-law Number 24982 (Birchmount Park Employment District), as amended, with respect to 381-383 Birchmount Road, being Part of Block A, Registered Plan 1204, as follows:

(1)Permitted Use:General Industrial Uses (MG)

Industrial District Commercial (MDC) (excluding vehicle repair garages and vehicle service stations);

(2)additional Permitted Uses: Retail stores;

Personal service shops;

(3)minimum street yard setback 3 metres (10 feet);

(4)maximum gross floor area 0.40 times the area of the lot;

(5)all uses shall be subject to the minimum parking requirements of the Zoning By-law; and

(C)authorize any unsubstantive technical, stylistic or format changes to the Official Plan Amendment and Zoning By-law Amendment as may be required to give effect to this resolution.

Context:

The subject land is situated at the south-east corner of Birchmount Road and Raleigh Avenue and 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 uses, including automobile service and garage uses.

Site Statistics:

Site area:0.15 hectares (0.37 acres);

Frontage:64.6 metres (212 feet) on Birchmount Road;

10.3 metres (33.7 feet) on Raleigh Avenue;

Gross floor area:375 square metres (4036 square feet).

Background:

In July 1998, Council considered the Preliminary Evaluation Report and directed Planning staff to continue to process the applications in the normal manner and to schedule the public meeting for the fall of 1998.

In 1992, the applicant requested a minor variance (A261/92) to permit an auto sales operation toallow a small used car lot on part of this site, with a sales office occupying approximately 35squaremetres (376 square feet) of the building. The Committee of Adjustment granted the variance, but limited it for a period of three years. When the variance lapsed in 1995, a new variance application (A284/95) was submitted to the Committee of Adjustment to extend the permission for car sales for a further three year period. The 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, however, indicated that this is a matter more appropriately dealt with by Council as an Official Plan and Zoning By-law amendment.

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 Official Plan and Zoning By-law amendment applications.

Existing Official Plan:

The Official Plan provides for General Industrial Uses with High Performance Standards.

Existing Zoning:

The site is zoned General Industrial Uses (MG) 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.

Comments:

The proposed addition of Industrial District Commercial designation and zoning in conjunction with the existing General Industrial Uses with High Performance Standards designation and zoning on this site would provide for a variety of commercial facilities and services including retail stores, personal service shops, vehicle sales, vehicle repair and service, restaurants, banks, offices, places of worship, and day nurseries. Some of the proposed uses would be similar to the existing public garage and car lot on the north-east corner of Birchmount Road and Raleigh Avenue, the car lot operation on the west side of Birchmount Road south of Mack Avenue and the vehicle repair shops that exist on Raleigh Avenue. Therefore, the proposed land uses would be consistent with existing land uses in the area.

Staff propose to limit the auto-related uses on the site to vehicle sales and service uses, and to exclude vehicle repair garages and vehicle service stations which provide for body shops, paint shops and gasoline dispensing, activities that would not be appropriate and desirable in this location. This would be consistent with the former City of Scarborough initiative to restrict the noxious characteristics of vehicle related service uses to the interior of certain employment districts and away from major street frontages.

The applicant has requested that the existing industrial uses continue to be allowed on this site, and he wishes to continue to operate his heating and airconditioning business from this location. Council has in the past allowed for the continuation of industrial uses as a means of maintaining and enhancing the viability of employment generation in Employment Districts.

Although the Industrial District Commercial designation in the Official Plan provides for commercial facilities and services, the zoning by-law does not provide for retail stores and personal service shops. The proposed retail stores and personal service shops would provide opportunities to better utilize this prominent corner site and provide service, investment and employment opportunities in the area.

In order to allow for future commercial uses on this site, the more stringent parking requirement that applies to retail stores, offices and vehicle service garages (three spaces per 100 square metres of gross floor area) should be provided. For the existing 375 square metres (4,036 square feet) building, a total of 12 parking spaces would be required. The applicant has submitted a site plan indicating that 12 parking spaces can be provided on this property, which would satisfy the parking needs of the tenants.

The application was circulated to technical agencies and departments for their comments. There were no comments or objections raised to the proposed Official Plan and Zoning By-law amendments.

Conclusions:

The site has excellent road access and is near residential areas that would generate the demand for the services being proposed. The proposed amendments will expand the opportunity for the future development of the site by permitting more diversified employment opportunities. The proposed amendments are considered appropriate development for this area and will provide service to the surrounding industrial and residential occupants.

Contact Name:

Aristotle Christou, Senior Planner

(416) 396-5228

(416) 396-4265 Fax No.

christou@city.scarborough.on.ca

Ted Tyndorf, MCIP, RPP,

Director Community Planning, East District

ATC/atc