Official Plan and Zoning Amendment Application UDOZ-98-03 -
Rowland Lincoln Mercury - South of Eglinton Avenue East
and North of Jonesville Crescent - Don Parkway
The North York Community Council, after considering the deputations and based on the findings of fact,
conclusions and recommendations contained in the following report (June 22, 1998) from the Acting
Commissioner of Planning, North York Civic Centre, and for the reasons that the proposal is an appropriate
use of lands, recommends that:
(1)the application submitted by Rowland Lincoln Mercury regarding Official Plan and Zoning Amendment
Application for south of Eglinton Avenue East and north of Jonesville Crescent, be approved; and
(2)the following report (June 22, 1998) from the Acting Commissioner of Planning be adopted subject to
Recommendation No. (2)(ii) contained therein being amended to read as follows:
"(2)(ii)Maximum gross floor area: 2,200 square metres."
The North York Community Council reports having held a statutory public meeting on July 22, 1998, with appropriate
notice of this meeting, in accordance with the Planning Act.
The North York Community Council submits the following report (June 22, 1998) from the Acting
Commissioner of Planning, North York Civic Centre:
Purpose:
This report recommends the approval of the application to permit the construction of a motor vehicle dealership and a
restaurant within the Ontario Hydro corridor that is located south of Eglinton Avenue East and north of Jonesville
Crescent.
Recommendations:
It is recommended that the application be approved subject to the following conditions:
(1)the PUT official plan designation be amended to permit motor vehicle dealerships and restaurants;
(2)the zoning be amended to MC(H) (Industrial-Commercial Holding Zone) with the following exceptions:
(i)permitted uses are: motor vehicle dealerships and restaurants;
(ii)maximum gross floor area: 2,000 square metres; and
(iii)landscaping, fencing and temporary outside sales and display area performance standards need not apply for motor
vehicle dealerships and restaurants;
(3)the applicant shall enter into an agreement with the City, as a condition of site plan approval, to protect for a 10m
(33 ft) wide open space link through the lands. The preferred location for the open space link is adjacent to the
Jonesville Crescent frontage. The open space link should ensure that any future bicycle and pedestrian trail that
traverses this section of the Gatineau hydro corridor will be uninterrupted;
(4)prior to final site plan approval, the applicant shall submit, or agree to submit prior to the issuance of a building
permit, a record of site condition that is acknowledged by the Ministry of Environment and Energy; and
(5)the site plan review and approval shall achieve the urban design objectives discussed in this report.
Council Reference/Background/History:
Proposal:
The application proposes official plan and zoning by-law amendments in order to permit the construction of a motor
vehicle dealership and a restaurant within the Ontario Hydro corridor that is located south of Eglinton Avenue East and
north of Jonesville Crescent (Schedule C). Ontario Hydro will retain ownership of the site, leasing the lands to
Rowland Lincoln Mercury and, potentially, Tim Hortons. Rowland Lincoln Mercury wishes to relocate to the site from
its present location at 1800 O'Connor Drive as shown at the bottom right-hand corner of Schedule B. A future car
compound area for the dealership and a driveway access from Jonesville Crescent for the restaurant are also proposed
and shown on Schedule C. The pertinent statistics are as follows:
Site Statistics |
|
Motor Vehicle Dealership |
Restaurant |
Total |
Land Area |
4.1 acres (including a 1.1 acre
car compound area) |
1.7 acres |
5.8 acres |
Gross Floor Area |
1,670 sq.m. |
280 sq.m. |
1,950 sq.m. |
Location and Existing Site:
The site consists of a triangular-shaped parcel of land that is located within the Ontario hydro corridor south of
Eglinton Avenue East and north of Jonesville Crescent. The site forms part of the Gatineau transmission right-of-way
and contains three hydro towers which are used for distribution of electricity.
Planning Controls:
Official Plan:
Public Utility (PUT) which permits utility and outdoor recreational uses (Schedule A).
Zoning:
Semi-public Open Space (O3) which permits public uses (Schedule B).
Trail Study Within Rail and Hydro Corridors:
On June 15, 1998 the Urban Environment and Development Committee (UEDC) recommended that Council endorse,
in principle, developing trails in active and abandoned rail and hydro corridors subject to a multi-year implementation
plan. UEDC also recommended that Council authorize the Commissioner of Urban Planning and Development
Services to protect opportunities for bicycle and pedestrian trails in rail and hydro corridors wherever possible through
the development approval process.
Comments and/or Discussion and/or Justification:
Other Department Comments:
The following section summarizes the comments received from the departments and agencies circulated.
The Transportation Department reports that the surrounding road network can accommodate the traffic that will be
generated by the proposal (Schedule F).
The Public Works Department describes the servicing parameters that are available and necessary to accommodate the
proposal (Schedule G).
The Public Health Department has no objection to the proposal. The department has reviewed reports dealing with soil
condition and electromagnetic field (EMF) matters and generally concurs with the consultant findings (Schedules H1
and H2).
The Parks and Recreation Department reports that the proposal will be subject to the City's cash-in-lieu of parkland
dedication requirement (Schedule I).
Community Consultation:
A community consultation meeting was held on March 26, 1998. Traffic, noise and lighting infiltration into the
adjacent residential neighbourhood are amongst the issues raised by residents. The issues are summarized in Schedule
D and discussed in this report in the following sections and in Schedule E. Submissions that have been received from
the community are also attached.
Planning Issues:
(a)Land Use:
The proposal to construct the motor vehicle dealership and restaurant along the Eglinton Avenue portion of the
Gatineau hydro corridor illustrates how Ontario Hydro have been investigating opportunities to make better use of its
hydro corridors. Hydro corridors offer an opportunity to achieve uninterrupted outdoor linkages and may be able to
accommodate limited development provided it is compatible with adjacent land uses.
In principle, the proposal appears to be capable of achieving these opportunities given that the site has an arterial road
frontage and is located in an area where a mix of uses cohabitate: light industrial, live-work, retail-commercial,
recreational, institutional and low scale residential uses. The introduction of the dealership and restaurant uses along
Eglinton Avenue is appropriate and should integrate in a compatible manner with the existing mix of surrounding land
uses.
In order to enhance opportunities for uninterrupted outdoor linkages through the hydro corridor, such as a bicycle and
pedestrian trail, it is recommended that the applicant enter into an agreement with the City, as a condition of site plan
approval, to protect for a 10m (33 ft) wide open space link through the site. The open space link should ensure that any
future trail that traverses this section of the Gatineau hydro corridor will be uninterrupted. This is consistent with the
railway and hydro corridor trail study the City has undertaken which includes these lands within the inventory of
potential trail sections.
The preferred location for the 10m wide trail is adjacent to the Jonesville Crescent frontage of the site. Locating the
trail adjacent to Jonesville Crescent will introduce a significant landscape feature which will function as a prominent
open space buffer for the adjacent residential area, particularly when combined with the Jonesville Crescent boulevard.
The preferred location will also minimize the potential for conflict between trail users and vehicles travelling on the
site because: it optimizes the separation between the open space function and the site development; and, it will direct
trail users to an existing intersection.
(b)Urban Design:
The restaurant and motor vehicle dealership buildings are centrally located on the site with parking spaces and vehicle
display areas being provided along the Eglinton Avenue frontage (Schedule C). To enhance the relationship of the
buildings to Eglinton Avenue the applicant proposes landscaping, pedestrian connections and a decoratively paved
court along the Eglinton Avenue frontage. The site plan should be refined in order to provide for an architectural
element along the Eglinton Avenue frontage as well as a perimeter landscape treatment which includes an area of
landscape emphasis at the northeast corner of the site (i.e., at the intersection of Eglinton and Jonesville). Opportunities
will be investigated through the site plan approval process to encourage and achieve the following objectives:
(i)an architectural treatment which provides a strong streetscape definition, particularly along Eglinton Avenue;
(ii)an enhanced landscape buffer along the east periphery of the site including landscaped islands within the east
periphery of the parking lot which fronts onto Jonesville Crescent. Particular attention should be given to incorporating
a 10m wide open space link along the Jonesville Crescent frontage;
(iii)a site landscape treatment which achieves a continuous landscape treatment along the street frontages to screen the
asphalt areas from the street and adjacent areas;
(iv)investigating opportunities to achieve an area of landscape emphasis (i.e., trees, shrubs, ground covers) at the
corner of Eglinton Avenue East and Jonesville Crescent;
(v)a site and landscape treatment for the site and appropriate landscape treatment along the Eglinton Avenue and
Jonesville Crescent frontages;
(vi)minimum dimensions of parking aisles, driveway and parking stalls in order to maximize landscape opportunities;
and
(vii)the technical requirements of the commenting departments and agencies.
(c)Environment:
The applicant has submitted environmental site assessments which assess the proposal in the context of the soil
condition and electromagnetic field (EMF) environment. The site assessments conclude that the site will be suitable
for the proposed land use. A record of site condition that attests to the suitability of the site to accommodate the
proposal should be submitted prior to the issuance of a building permit.
(d)Transportation and Access:
Access to the site will be from Eglinton Avenue and Jonesville Crescent. While the traffic that will be generated from
the proposal can be accommodated on the surrounding road network, some residents have raised the issue of traffic
infiltration into the community, specifically relating to the test-driving of vehicles associated with the automobile
dealership. As noted by the applicant (Schedule E), the proposal generates low volumes of traffic and includes the
relocation of an existing dealership from 1800 O'Connor Drive which is located generally in the same neighbourhood
as the site (bottom right-hand corner of Schedule B).
Conclusions:
The proposal to permit the construction of a motor vehicle dealership and restaurant within the hydro corridor is
appropriate. The objective of an open space linkage (i.e., pedestrian and bicycle trail) through the corridor will be
secured through the site plan process.
Contact Name:
Franco Romano, Senior Planner
Phone: 395-7119Fax: 395-7155
(A copy of the Schedules, draft official plan amendment and draft zoning by-law amendment referred to in the
foregoing report is on file in the office of the City Clerk, North York Civic Centre.)
__________
A staff presentation was made by Franco Romano, Senior Planner, Planning Department, North York Civic Centre.
The North York Community Council also reports having had before it during the consideration of the foregoing
matter, the following communications:
(I)(July 20, 1998) from Mr. Ron Hart and Ms. Helen Hansen, North York Cycling and Pedestrian Committee,
expressing their concerns with the application;
(ii)(July 8, 1998) from Chris and Danny Papagiannis advising of their opposition to the application;
(iii)(July 7, 1998) from Mr. Michael Tappenden, President, Paul Willison Limited, in support of the application;
(iv)(July 6, 1998) from Mr. Michael Martan, President, Don Valley Volkswagen Ltd., in support of the application;
(v)(July 6, 1998) from Ms. Anne L. Andrew, expressing her concerns with the proposed application, together with a
petition signed by 9 area residents; and
(vi)(June 29, 1998) from Mr. Bryndon Davies, Vice-president, Parkway Honda, in support of the application.
________
The following persons appeared before the North York Community Council in connection with the foregoing matter:
-Ms. Linda Kaye, PMB, Planning Consultant, on behalf of the applicant, Rowland Lincoln Mercury, who commented
on the merits of the application and the concerns raised by the area residents. She also indicated that the applicant
concurred with the staff recommendations with the exception of Recommendation 2(ii). She requested that this
recommendation be amended to reflect a maximum gross floor area of 2,200 square metres in order to include the
mezzanine area which was excluded from the calculation.
-Ms. Helen Hansen, on behalf of the North York Cycling and Pedestrian Committee, who filed a written submission,
expressed the Committee's concerns with the proposed vehicle dealership and restaurant replacing public utility land
and space which could be used for a future trailway and park. The Committee was also concerned about the precedent
setting nature of the application because it could encourage others to file similar proposals thereby creating a corridor
which is inappropriate and unusable for recreational and transportation purposes. She also indicated that commercial
uses will restrict opportunities for full development of a trail and park system.
-Ms. Amy Baker, who filed a written submission, commented in opposition to the application. Her primary objections
were with respect to increased traffic, and the negative impact on the surrounding residential area from the noise
generated by the test driving of vehicles, the intercom, car alarms and automobile repair operations.