Application for Amendment to the Zoning Code - Fima Developments
2000 The Queensway & 30 Boncer Drive - File No. Z-2248.
The Etobicoke Community Council, after considering the findings of fact, conclusions and recommendations
contained in the following report (February 18, 1998) from the Commissioner of Urban Development, Etobicoke
District, recommends that:
(1) the application by Fima Developments for amendment to the Etobicoke Zoning Code to permit an additional 6
874 m² (74,000 sq. ft.) of Special Retail uses be approved, subject to fulfillment of the conditions outlined in the
report (February 18, 1998);
(2) that cash-in-lieu of parkland be required for this proposal and a contribution toward public art be discussed
with the Advisory Committee on Public Art at the time of Site Plan Approval, as recommended in the following
report (April 1, 1998) from the Commissioner of Urban Development, Etobicoke District:
The Etobicoke Community Council reports having held a statutory public meeting on April 1, 1998 in accordance with
Section 34 of the Planning Act, and that appropriate notice of this meeting was given in accordance with the Planning Act
and the regulations thereunder.
The Etobicoke Community Council submits the following report (February 18, 1998) from the Commissioner of
Urban Development Etobicoke District:
Purpose:
Proposed amendment to the Etobicoke Zoning Code to permit an additional 6 874 m² (74,000 sq. ft.) of Special Retail uses
on lands at the north-east corner of The Queensway and The West Mall.
Funding Sources, Financial Implications and Impact Statement:
City funding is not required. There are no impacts on capital or operating budgets.
Recommendation:
It is recommended that the application by Fima Developments for amendment to the Etobicoke Zoning Code to permit an
additional 6 874 m² (74,000 sq. ft.) of Special Retail uses be the subject of a Public Meeting to be held by the Etobicoke
Community Council to obtain the views of interested parties and, if approved, the conditions outlined in this report be
fulfilled.
Background:
Site Description:
Fima Developments owns a 3.24 ha (8.0 ac) site at the north-east corner of The Queensway and The West Mall (Exhibit
No. 1). Existing uses on this site are an automobile dealership of about 2 322.5 m² (25,000 sq. ft.) and a Cinema complex of
5 468 m² (58,855 sq. ft.) along with related parking. This long narrow site has narrow frontages on both The West Mall and
on Boncer Drive, and is flanked on either side by Ontario Hydro utility corridors. The southerly corridor is presently used
for parking related to the existing site uses. The northerly corridor is vacant.
The northerly Hydro corridor runs parallel to the site and extends in a north-west direction to The West Mall. Between that
part of the Hydro corridor and The West Mall is a small triangular piece of land owned by the City (Exhibit No. 1).
In August, 1997, the applicant submitted an application to amend the Official Plan and Zoning Code to permit "a full range
of retail commercial uses" on the site. The application was refined to permit a range of special retail uses in up to 6 874 m²
(74,000 sq. ft.) of additional G.F.A. In September 1997, the application was revised to request rezoning of the adjacent City
lands in order to use these lands for ancillary parking. The applicant has applied to lease these lands from the City.
Surrounding Uses:
Surrounding land uses are as follows:
North: Hydro corridor (U) then industrial container storage (I.C2)
South: Hydro corridor (U) and Special Retail uses on lands fronting The Queensway (CPR)
East: Boncer Drive and industrial (I.C2)/office uses
West: The West Mall
Proposal:
Fima Developments has requested an amendment to the Official Plan and Zoning Code to permit the development of up to
an additional 6 874 m² (74,000 sq. ft.) gross floor area (G.F.A.) of special retail uses. A 'conceptual' site plan has been
submitted, (Exhibit No. 2) indicating two buildings (A and B) for retail uses and the existing cinema building. Building 'A'
is proposed as a 389 m² (41,000 sq. ft.) G.F.A. replacement for the existing auto dealership building and, Building 'B' is
proposed to be 3 066 m² (33,000 sq. ft.) G.F.A. Parking is proposed on site and also on the adjacent Hydro lands to the
north and on the triangular piece of City owned land adjacent to those Hydro lands. Access is proposed from Boncer Drive,
The West Mall across the northerly Hydro corridor and The Queensway across existing retail lands owned by the applicant
and across the southerly Hydro corridor.
The following is a summary of information relevant to this application:
Official Plan:
Site: Existing: Employment, Site Specific Policy permitting Special Retail
Proposed: Employment, Site Specific Policy permitting Special Retail
City Lands: Existing: Employment
Proposed: Employment
Zoning:
Site: Existing: Class 2 Industrial (I.C2)
Proposed: Planned Commercial Regional (CPR)
City land Existing: Private Open Space (POS)
Proposed: Planned Commercial Regional (CPR)
Site Area 3.24 ha (8.0 ac)
City Land 0.45 ha (1.1 ac)
Total: 9.1 ac
G.F.A.:
Existing 7 791 m² ( 83,855 sq. ft.)
Proposed 6 875 m² ( 74,000 sq. ft.)
Total: 14 666 m² (137,855 sq. ft.)
F.S.I. 0.38
Parking: Required: 1,082 spaces
Provided: 1,714 spaces
Comment:
Official Plan:
This proposal conforms to the Official Plan as amended by the Sherway Centre Secondary Plan, consequently an
amendment is not required.
Section 4.3.18 of the Official Plan sets out criteria to be considered in applications for enlarging a retail site through
rezoning or Official Plan amendment. These criteria largely deal with impacts. The applicants traffic study indicates
acceptable traffic impacts. Since the application is for a development of less than 6 908 m² (75,000 sq. ft.) and does not
include a food or drug component more than 1 858 m² (20,000 sq. ft.), no market analysis is required.
Zoning Code:
The site is zoned Industrial, Class 2 (I.C2). That zoning category permits some but not the full range of Special Retail uses,
consequently an amendment is required.
The City owned lands are zoned Private Open Space (POS) which permits parks and other recreational facilities but not
Special Retail uses or related parking. An amendment is required
to permit the proposed parking.
The adjacent Hydro corridors are zoned Utility (U) which permits parking associated with an adjacent permitted use.
The proposed Planned Commercial Regional (CPR) is considered an appropriate zoning category given the uses proposed
and the Official Plan designation. However, site specific provisions will be required. To differentiate between typical retail
shopping mall development and special retail development, the City has previously applied a minimum unit size of 465 m²
(5,000 sq. ft.); this minimum should also be applicable to this site.
Agency/Department Circulation:
In response to the circulation of a 'conceptual' site plan submitted in support of this application, no objections have been
expressed. However, certain matters need to be addressed prior to the development of these lands.
The Fire Department notes that yard hydrants and a fire access route will be required. The proposed driveways will meet
that requirement if they are connected to the existing on-site fire route.
Canada Post notes that if the buildings have more than two adjoining units the owner will be required to install and
maintain a central mail facility.
The Transportation Planning section of the Works Department comments are attached as Exhibits No. 3 and No. 4. Exhibit
No. 3 indicates a requirement for legal agreements to protect rights-of-way for future roads conceptually identified in the
Sherway Centre Secondary Plan. Similar agreements have been required of Sherway Gardens, Home Depot and Queens
Walk Developments, as conditions to approval of their recent development proposals. Exhibit No. 4 suggests these legal
agreements for Fima could be delayed until Site Plan Approval. In subsequent discussions, the applicant agreed to enter an
agreement protecting a right-of-way from The Queensway northward through the site to provide a future connection as
specified in the Sherway Centre Secondary Plan prior to the enactment of amending zoning by-laws.
Exhibit No. 5 contains the comments of the Development Engineering section of the Works Department. It addresses
servicing, stormwater management, waste management and environmental issues and indicates that, with respect to both
the site and the City owned lands, any costs for servicing, grading modifications and environmental cleanup are to be the
responsibility of the applicant.
Matters related to servicing and grading can be addressed at a later site control approval. However, the City's policies and
procedures with respect to environmental matters may require that they be addressed prior to development.
Conclusions:
This application has been evaluated within the context of the Official Plan, as amended by the Sherway Centre Secondary
Plan, and is consistent with the objectives of those documents. Staff conclude that the proposed uses are acceptable for the
site. Should this application be approved, the following conditions should apply:
Conditions to Approval:
1. Prior to the amending by-law being adopted, the applicant shall enter into a legal agreement with respect to a
right-of-way northward from The Queensway as indicated in the Sherway Centre Secondary Plan.
2. The applicant to submit environmental information with respect to the site and the City owned land in accordance with
City policy, if required.
3. The amending by-law shall contain the following:
(i) Rezoning of the site from Class Two Industrial (I.C2) to Regional Planned Commercial Regional (CPR) restricting the
uses to special retail uses up to a maximum additional G.F.A. of 6 874 m² (74,000 sq. ft.) and specifying site specific
standards with respect to minimum unit size of 465 m² (5,000 sq. ft.).
(ii) Rezoning of the City owned land from Private Open Space (POS) to Regional Planned Commercial (CPR) restricting
the uses to special retail uses.
Contact Name:
Ed Murphy, Tel: (416)394-8234, Fax: (416)394-6063
Area Planner, Development and Design
(Copies of Exhibit Nos. 1-5 referred to in the foregoing report were forwarded to all Members of Council with the agenda
of the Etobicoke Community Council meeting of April 1, 1998, and copies thereof are on file in the office of the City
Clerk.)
The Etobicoke Community Council also submits the following report (April 1, 1998) from the Commissioner of
Urban Development, Etobicoke District:
Purpose:
To respond to the Etobicoke Community Council's request of February 18, 1998, for a report with respect to a cash-in-lieu
of parkland contribution and a contribution toward public art related to a proposed zoning amendment to permit additional
retail uses at the north-east corner of The Queensway and The West Mall.
Funding Sources, Financial Implications and Impact Statement:
City funding is not required.
Recommendation:
It is recommended that cash-in-lieu of parkland be required for this proposal and a contribution toward public art be
discussed with the Advisory Committee on Public Art at the time of Site Plan Approval.
Comment:
Further to the report on the above-noted application, tabled for a public hearing at the February 18, 1998, meeting of
Etobicoke Community Council, Parks and Recreation Services has indicated that it would be appropriate to take
cash-in-lieu of parkland in this instance. This provision will apply later at Site Plan Approval.
On the matter of contributing to public art, staff note that the site plan submitted with this zoning proposal is conceptual.
When an application for Site Plan Control approval is submitted and details of building design are known, staff would
request the input of the Public Art Advisory Committee on the feasibility of obtaining a contribution. The applicant is
agreeable to that approach.
Urban Design Considerations:
This application is still in the conceptual stage. It does not include a detailed site plan and building elevations showing the
precise architectural treatment of the buildings. Consequently, the site plan approval process will be particularly important
in ensuring a high standard of urban design recognizing the urban design guidelines appended to the Sherway Centre
Secondary Plan.
Conclusion:
Cash-in-lieu of parkland is applicable to this site and a contribution toward public art could be specifically addressed at the
Site Plan Control approval stage.
Contact Name:
Ed Murphy - Tel: (416)394-8234, Fax (416)394-6063
Planner - North District, Development and Design
