Zoning By-law Amendment Application Z97010

Ansar Investments Limited - 1825 Markham Road

Malvern Community - Ward 18 - Scarborough Malvern

The Scarborough Community Council, after considering the deputations and based on the finding of fact, conclusions and recommendations contained in the report dated February 17, 1998 from the Commissioner, Planning and Buildings, Scarborough, recommends that the report of the Commissioner of Planning and Buildings Scarborough, be adopted.

The Scarborough Community Council reports having held a statutory public meeting on April 1, 1998, in accordance with Section 17 and 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 Scarborough Community Council submits the following report (February 17, 1998) from the Commissioner of Planning and Buildings, Scarborough:

Purpose:

This report presents recommendations to amend the Malvern Community Zoning By-law, for the commercially zoned property at 1825 Markham Road (north of Verne Crescent as shown on Figure No. 1), to permit additional commercial uses as set out in the recommendations below.

Permission to use up to 33 percent of the building's floor area for non-office uses (including the additional uses proposed), an increase from the present limit of 16 percent, is also recommended.

Recommendations:

It is recommended that:

(a) Council amend the Malvern Community Zoning By-law No. 14402, as amended, with respect to the lands located at 1825 Markham Road, being Block A, Registered Plan Number M-1914, as follows:

Zoning By-law:

Additional Permitted Uses:

- Business and Office Services;

- Retail Uses;

- Day Nurseries;

- Educational and Training Uses; and

- Personal Service Shops.

Gross Floor Area:

- 33 percent of the total area of all buildings may be used for non-office uses;

- the floor area used for food preparation is limited to a maximum of 15 square metres; and

(b) Council authorize such unsubstantive, technical, stylistic or format changes to the Zoning By-law as may be required to give effect to this resolution.

Background:

Preliminary Evaluation

Scarborough Council, on April 29, 1997, considered a Preliminary Evaluation Report and directed that the Planning and Buildings Department, in consultation with the Ward Councillor, host a Community Information Meeting to discuss the proposal with the Community. A Community Information Meeting was conducted in June 1997.

Subsequent to the Community Meeting, staff submitted Preliminary Evaluation Report Number 2 which recommended the continued processing of the file with a target date for the Public Meeting of Scarborough Council for September 1997. At the Planning and Buildings Committee meeting, the Ward Councillor requested Committee to delete the September 1997 target date to allow additional time for the processing of this application. Committee agreed to the Ward Councillor's request, which was adopted by Scarborough Council on June 24, 1997.

On January 21, 1998, Scarborough Community Council considered Preliminary Evaluation Report Number 3 and directed that the Public Meeting, for consideration of this file, be held on April 1, 1998.

Comments:

The owner of the subject property wishes to expand the current range of permitted uses. Although the site currently enjoys commercial zoning (see Appendix 'A'), the applicant advises that there have been difficulties in renting/leasing vacant space because the existing range of permitted uses is tightly limited. In addition to offices, the Zoning By-law currently permits up to 16 percent of the building's gross floor area to be utilized for dispensing pharmacies, financial institutions, optical stores or stores for the sale of medically required or prosthetic devices.

The application requests permission to allow the following activities: variety store, office services (mailboxes, faxing and photocopying), educational training and adult courses, day nursery, hairdresser, dry cleaning and photo finishing. The owner of the property also wishes to increase the viability of the building by expanding the range of permitted uses, other than offices, to 33 percent of the building's gross floor area (an increase from the present limit of 16 percent). The applicant proposes the expanded range of uses to provide amenities for the existing offices, to serve the abutting residential community, and to enhance the building's leasing opportunities.

The proposed activities fall within the broader categories of retail, personal service, business and office service, and educational and training uses in the City's By-laws. Accordingly, staff recommend that these terms be utilized in the zoning amendment.

Restaurant Use

During the Community meeting of June 1997, there was a concern expressed by the residents regarding the proposal, included in the initial application, for a coffee shop/cafeteria or restaurant use on the subject property. Subsequent to that meeting, the applicant withdrew the request for these activities.

Range of Proposed Uses

The range of uses proposed by the applicant is intended to provide amenities for the existing office uses, as well as to serve the abutting residential community. The proposed additional uses would provide the owner with more flexibility in leasing the existing building.

Variety Store

At the community meeting, there was general support for a variety store in the existing building, however, concern was expressed for the hours of operation and potential for litter. It was recognized by some residents that a variety store would allow local residents a place to pick-up some convenience goods. One resident, who lives next door to the building, was strongly opposed to the variety store proposal. It is the opinion of Planning staff that such a use is reasonable given the location of this building on Markham Road, the influx of new residential development in this area and the lack of such facilities within convenient walking distance of the northerly segment of this neighbourhood.

Such stores often include a minor component for the preparation of food on the premises. To differentiate between this type of establishment and a full scale take-out restaurant, which is not proposed, it is recommended that the size of the food preparation area be limited to ensure that the preparation of food does not become the predominant use. A limitation of 15 square metres (160 square feet) will provide sufficient space for minor food preparation.

Property Upkeep

Planning staff requested Property Standards staff to inspect the subject property and report on the condition of the site. Property Standards staff have visited the site and feel there are no property standards problems at this time. Proper upkeep of the property will be more likely to continue if the building is substantially leased and economically viable.

Parking

Some concern was expressed by the former Ward Councillor and abutting property owner regarding parking. The building consists of a mix of uses which tend to experience peak parking demands at different times of the day. Staff have monitored the parking situation on several occasions and found there is adequate parking available for the proposed range of uses. The highest utilization observed was 35 spaces, or only 56 percent of the 63 parking spaces provided on the site, whereas, the building was 75 percent occupied.

The parking supply of this site is based on the minimum parking requirements of the Zoning By-law for office uses, wherein three parking spaces are required per 100 square metres (1,076 square feet) of gross floor area. The range of proposed uses requested by the applicant also have a minimum parking requirement of three spaces per 100 square metres of gross floor area. Accordingly, the amount of parking provided on site meets the requirements of the Zoning By-law and there is no need to provide additional parking for the proposed range of uses.

Conclusions:

It is in the best interests of the property owner, the community and the City that this building be successfully leased. The proposed additional uses would provide the owner with flexibility in renting/leasing. This would also create an opportunity to attract businesses which will serve the adjacent community. Therefore, staff support the request to broaden the range of uses on this property and increase the extent of floor area which can be used for these activities.

Contact Name:

Bill Kiru, MCIP, RPP

Planner, Community Planning Division

(416) 396-7014

(416) 396-4265 Fax Number

kiru@city.scarborough.on.ca

APPENDIX "A"

CURRENT PLANNING STATUS

Existing Official Plan Provisions (Figure 4.19):

The subject lands are designated for Office Uses providing for offices. Council may also zone the land for Commercial Uses (retail sales and services) as a use secondary to offices and may zone land for one or more of the following uses, either in addition to or instead of offices:

- business services; and

- social service uses, including but not limited to: day nurseries, libraries, recreational facilities and educational facilities.

The policy also states that "Council shall have regard for the need of such facilities in addition to existing services while recognizing Council's overall and on-going commitment to provide employment opportunities in the City". Council may also restrict the amount of such additional uses.

A Numbered Policy in the Malvern Community Secondary Plan states "notwithstanding the policies applicable to Office Uses, the Office Uses designation as it applies to this site may include business, professional, government and financial offices."

Existing Zoning By-law Restrictions (Figure 1):

The subject lands are zoned Highway Commercial (HC). An Exception in the By-law limits the permitted uses on the subject site to offices, a dispensing pharmacy, financial institutions, an optical store, and a store for the sale of medically required or prosthetic devices. Other than offices, all other uses are restricted to 16 percent of the total gross floor area of the building.

Site Plan Control (Figure 2):

The site is subject to Site Plan Control. At this time, there are no changes proposed for the building or parking and landscaped areas.

Mr. Iftakhar Khan, representing Ansar Investments Limited, appeared before the Community Council in connection with the foregoing matter and indicated concurrence with the foregoing recommendations of the Commissioner of Planning and Buildings, Scarborough.

.

The Scarborough Community Council submits the following communication (March 24, 1998) received from Mr. John Zinati, Canadian Landing Consultants Inc., addressed to the planner responsible for the foregoing application:

"Thank you for your fax of February 23, 1998.

We have now had an opportunity to review same and wish to raise the following concerns with the application.

Our primary concern is with the proposed uses of Day Nurseries and Educational and Training uses in the building, and their effects on the already limited washroom facilities in the building. There is currently only 1 set of washrooms for each gender on each floor of the building. At the current capacity, especially on the 2nd floor, the facilities are inadequate. We feel that with additional tenants which will involve the presence of numerous individuals and children, such as Educational and Training facilities and Day Nurseries, the demand on the existing facilities would be too great. We believe that any changes to the zoning by-law permitting such uses should also factor in the need for additional washroom facilities. With respect to the Day Nursery, our concern is also that the professional appearance of the building would be diminished by the presence of same. We do not believe that in a professional office building of this size a Day Nursery can be facilitated without the presence of same affecting the other tenants in the building, especially in terms of noise and appearance.

Kindly advise us of any recommendations you may have in regards to the foregoing."