Official Plan Amendment Application P95009

Zoning By-law Amendment Application Z95012

Alfred Szeto on behalf of Malvern Baptist Church

185 Milner Avenue - Malvern Employment District

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 April 20, 1998, from the Commissioner of 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 May 27, 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 (April 20, 1998) from the Commissioner of Planning and Buildings, Scarborough:

Purpose:

This report presents recommendations to amend the Malvern Employment District Secondary Plan and Employment Districts Zoning By-law (Malvern Employment District) in order to allow the conversion of an existing industrial building for a place of worship. The existing General Industrial Uses with High Performance Standards designation and Industrial Zone will continue to apply. The amendments will provide for a place of worship in addition to the existing permissions. A Site Plan Control application to support the amendment applications has also been submitted. The property affected by the applications is shown on Figures 1 and 2.

Recommendations:

It is recommended that Council:

(A)Official Plan:

amend the Malvern Employment District Secondary Plan, with respect to the property located at the southeast corner of Milner Avenue and Executive Court, known municipally as 185 Milner Avenue, being Part of Lot 20, Concession 2, by adding the following Numbered Policy:

ASoutheast Corner of Milner Avenue and Executive Court

In addition to the General Industrial Uses with High Performance Standards designation, a place of worship may also be permitted; A

(B)Zoning By-law:

amend the Employment Districts Zoning By-law Number 24982

(Malvern Employment District), as amended, with respect to the land located at the southeast corner of Milner Avenue and Executive Court, known municipally as 185 Milner Avenue, being Part of Lot 20, Concession 2, by deleting the existing performance standards except for intensity of use, street yard, rear yard and side yard setbacks and adding the following performance standards:

(1)that Section (b) of Sub-Clause 23 which permits Places of Worship on Milner Avenue, between Markham Road and Morningside Avenue only, shall not apply;

(2)that Section 7.5 of Sub-Clause 7 which restricts street yard parking is not applicable and that street yard parking shall be permitted provided the parking is appropriately screened;

(C)Agreement: direct the City Solicitor to prepare an agreement between the owner and the City, to be registered on title prior to the enactment of the Official Plan and Zoning By-law bills, incorporating the following:

(1)the owner, in consultation with Planning and Buildings staff, will be required to reduce the gross floor area of the existing one-storey building, over and above that proposed to be demolished, by creating crawl spaces within the existing basement. These crawl spaces would be created by the placement of approximately 1.2 metres (4 feet) of gravel within certain areas of the basement to result in a building gross floor area which satisfies the Zoning By-law=s minimum parking requirement on the property. The area of the crawl spaces would be approximately 202 square metres (2,174 square feet);

(2)the proposed crawl spaces are to comply with the Ontario Building Code and require the issuance of a building permit, which may include other proposed alteration work.;

(3)a letter of credit in the amount of $22,000.00 is to be provided in order to secure the establishment of the basement crawl spaces to the satisfaction of the Chief Building Official;

(4)the basement crawl spaces shall be completed prior to the occupancy of the place of worship and shall be maintained as long as a place of worship remains on the property; and

(D)Miscellaneous:

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 the recommendations, and authorize any other matters deemed appropriate by the City Solicitor to carry out the intent of the Agreement.

Background:

Three Preliminary Evaluation Reports were considered by the former Scarborough Council and are summarized as follows:

(1)On May 9, 1995, Council considered a 540 square metre (5,800 square feet) place of worship within an existing industrial building which would also contain 316 square metres (3,400 square feet) of basement utility space. Concern was raised with the amount of basement utility space. Staff calculated that 112 square metres (1,206 square feet) of the proposed utility space was useable floor space, resulting in a parking shortfall of 6 spaces. Council directed the Commissioner of Planning and Buildings to process the applications once an adequate parking supply was provided by the applicant through their acquisition of additional land either by purchase or long-term lease with an adjacent property owner.

(2)The owner endeavoured to secure parking arrangements with abutting landowners however, the ten year leases which were secured did not provide an adequate time period to permanently permit the place of worship. The owner of the adjacent vacant land was also contacted regarding the purchase of a portion of their property however there was no interest to sell.

(3)On June 12, 1997, the former Scarborough Planning and Buildings Committee recommended to Council that the applications either be refused or referred back to staff. The referral recommendation resulted from the Malvern Baptist Church making a submission to Committee of their intentions to create basement crawl spaces in order to reduce the gross floor area enough to accommodate the Zoning By-law=s required parking on the property. The crawl spaces would be created by Afilling-in@ portions of the basement with 1.2 metres (4 feet) of gravel. The resulting gross floor area would be 597 square metres (6,426 square feet), requiring 46 parking spaces which reflects the applicant=s proposed site plan.

(4)On June 24, 1997, Council referred the applications back to staff in order to consider the Church=s proposal to create crawl spaces in the basement.

(5)On September 30, 1997, staff reported to Council that the crawl space proposal was feasible provided the City=s interests were safeguarded through a separate agreement, registered on title. A letter of credit could be required to ensure the creation of the crawl spaces and that the letter of credit be secured prior to Council=s enactment of the Official Plan and Zoning amendments. Council directed the Commissioner of Planning and Buildings to process the applications in the normal manner and target a public meeting early in 1998.

The property is designated General Industrial Uses with High Performance Standards which allows industrial, scientific, technical research and development, training and educational facilities, offices, recreational uses, manufacturing and warehousing uses other than those which by reason of noxious characteristics are declared to be Special Industrial Uses or Municipally Prohibited Uses, and limited retailing that is subordinate and incidental to manufacturing, assembling and processing. High Performance Standards may include requirements for: limiting uses, siting, landscaping areas, parking, external building materials, signs, and prohibition or screening of outside and open storage. Places of Worship may also be permitted along certain arterial roads such as Milner Avenue, east of Markham Road.

The property is zoned AIndustrial Zone (M)@ which permits day nurseries, educational and training facility uses, industrial uses, offices excluding medical and dental offices and recreational uses. Places of worship are also permitted as a sole use of land along certain arterial roads such as

Milner Avenue, east of Markham Road.

The subject property contains a one-storey industrial building on a corner property. Portions of the building will be demolished with interior and exterior building alterations being undertaken. The building has been used for office purposes by the Malvern Baptist Church.

Comments:

The application was circulated to various technical review agencies. The Economic Development Department do not support the proposed use as it represents a loss of employment and tax revenue. No other objections were raised.

The properties along Milner Avenue which have the places of worship permission are located between Markham Road and Morningside Avenue, at the periphery of an Employment District. Milner Avenue however extends beyond these two roads, to McCowan and Conlins Roads and has a 30 metre (100 feet) right-of-way between McCowan Road and Morningside Avenue. While the subject property is located on a portion of Milner Avenue which is not at the periphery of an Employment District, Milner Avenue provides similar traffic accessibility to accommodate both industrial and through traffic east and west of Markham Road.

Surrounding land uses include: a police station, a ten-storey senior citizens= apartment building which is associated with a church fronting onto Markham Road and an adult learning facility to the east; vacant industrial land immediately to the southeast; industrial uses to the north, east, west and south; and, an indoor golf driving range to the west. A vacant parcel also to the west would permit the development of offices and a hotel.

The proposed place of worship would be a sole use on the property, consisting of 597 square metres (6,426 square feet), excluding the proposed 202 square metres (2,174 square feet) of basement crawl space. A total of 46 parking spaces would be provided to meet the Zoning By-law=s requirements. Consideration for a reduced parking rate was given however, as bus service does not exist on weekends or holidays, a reduced rate was not deemed appropriate. Any lease arrangements between the owner and the adjacent landowners should be maintained or encouraged in the event that overflow parking occurs.

The subject triangular shaped property places restrictions on the parking layout resulting in street yard parking. To minimize the appearance of parking in the streetscape, a site specific zoning standard has been included requiring adequate landscaping to screen the parking. Existing zoning standards which do not apply to the property have also been deleted through the rezoning.

Conclusions:

The proposed use is compatible with the existing institutional and place of worship uses to the east and with the nearby recreational and non-noxious industrial uses. Milner Avenue provides good access to major arterial roads such as McCowan and Markham Roads and can accommodate the traffic generated by the proposed use. Traffic conflicts with surrounding industrial uses would be minimal based on the differing hours of operation.

A separate agreement to ensure that the proposed crawl spaces are created is necessary to ensure the provision of the minimum required parking spaces on the property. Without such an agreement, there is little assurance that the crawl spaces would be created and maintained as described.

The proposed development is located on a prominent corner property for which building facade and landscaping enhancements can be realized. The proposed site plan and building elevations shown on Figures 2 and 3, and are recommended for concept approval, with detailed plans being included as part of the Site Plan Control Agreement.

Contact Name:

Sylvia Mullaste, Planner

Phone: (416) 396-4265

Fax: (416) 396-4265

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

Mr. Alfred Szeto, Architect, appeared before the Community Council in connection with the foregoing matter and expressed support for the staff recommendation.

(Copies of Maps appended hereto are on file in the office of the City Clerk.)