Official Plan Amendment Application P97025

Zoning By-law Amendment Application Z97063

Saul Goldberg, 2815 Kingston Road

Ward 13 - Scarborough Bluffs

 The Scarborough Community Council, after considering the deputations and based on the finding of fact, conclusions and recommendations contained in the report, dated June 25, 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 July 22, 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 (June 25, 1998) from the Commissioner of Planning and Buildings, Scarborough:

 Purpose:

 This report presents recommendations to amend the Cliffcrest Community Secondary Plan and the Cliffcrest Community Zoning By-law, for the lands located at the south-west corner of Kingston Road and Eastville Avenue as shown on Figure 1, to accommodate a three storey building with commercial units at the street level and 16 residential units on the second and third floors.

 The Official Plan Amendment proposes to change the existing Highway Commercial designation to Commercial Mixed Use. The Zoning By-law Amendment proposes to change the zoning from 'Highway Commercial' to 'Neighbourhood Commercial' with an exception to permit residential dwelling units.

 Recommendations:

It is recommended that City Council:

 (A)Official Plan:

 amend the Cliffcrest Community Secondary Plan, with respect to the property located on the south-west corner of Kingston Road and Eastville Avenue, known municipally as 2815 Kingston Road, being Part of Lots 7, 8, 9 & 10, Registered Plan M-475, as shown on Figure 1 as follows:

 (1)remove the Highway Commercial designation and replace it with a Commercial Mixed Use designation; and

 (2)add the following Numbered Policy:

 Southwest Corner of Kingston Road and Eastville Avenue

 The Commercial Mixed Use designation shall permit a maximum of 87 residential units per hectare and a maximum overall density of 1.9 times the lot area. Retail Commercial uses are provided for as a Primary Use.

 (B)Zoning By-law:

 amend the Cliffcrest Community Zoning By-law Number 25265 as amended with respect to the property located on the south-west corner of Kingston Road and Eastville Avenue, known municipally as 2815 Kingston Road, being Part of Lots 7, 8, 9 & 10, Registered Plan M-475, as shown on Figure 1 as follows:

 (1)remove the 'Highway Commercial' zoning and replace it with a 'Neighbourhood Commercial' zoning;

 (2)add the following development standards:

 (a)gross floor area for commercial shall not exceed 1,205 m² (12,970 square feet) and must be contained entirely on the ground floor;

 (b)total gross floor area shall not exceed 3 505 m² (37,730 square feet);

 (c)maximum 16 residential units;

 (d)minimum 1.2 parking spaces per residential unit;

 (e)maximum height of 3 storeys;

 (f)minimum south side yard setback 5 metres (16 feet); and

 (g)exempt this property from the requirement for a 1.5 metre landscape strip abutting the adjacent single family residential; and

 (3)add an exception to permit dwelling units and prohibit Automobile Service Station; and

 (C)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 this resolution.

 Background:

 The site has a lot area approximately 1,915 m² (20,613 square feet) with a Kingston Road frontage of approximately 52 metres (170 feet) and an Eastville Avenue frontage of approximately 37 metres (121 feet). The property is currently vacant and was used as overflow parking during the recent redevelopment of the Canadian Tire store to the north. Prior to this, the site was occupied by the White Star Motel until its demolition in 1996.

 The applicant is proposing to develop the site with a mainstreet style three storey building with approximately 1,110 m² (11,950 square feet) of commercial space at the street level and 16 residential units on the second and third floor (Figure 2). All residential units are two storeys in height with the living room, dining room and kitchen on the second floor and either two or three bedrooms and a private outdoor courtyard on the third floor. A total of 57 parking spaces are provided below the building and are accessible directly at grade from Eastville Avenue as both Eastville Avenue and the site drop about a storey in grade through the depth of the property.

 The lands are subject to Site Plan Control and a Site Plan Control Application (S98029) has been submitted in conjunction with the Official Plan and Zoning By-law amendment applications.

 The property at the south-east corner of Kingston Road and Eastville Avenue contains an existing two storey building which has recently been redesignated to Commercial Mixed Use to accommodate residential units on the second floor. The Zoning, which was already 'Neighbourhood Commercial', was modified to allow dwelling units.

 The property to the west is designated and zoned 'Highway Commercial' and contains a Mister Transmission outlet and a Kentucky Fried Chicken restaurant. To the north is the recently redeveloped Canadian Tire store which is also designated and zoned 'Highway Commercial'. Directly south of the property is an approximately 4.6 metre (15 foot) wide City owned right of way which is grassed and contains a sanitary sewer line. South of this right of way are single family dwellings.

 A Preliminary Evaluation Report was before Scarborough Community Council on February 18, 1998 at which time it directed staff to convene a Community Information Meeting and to bring these applications back to Scarborough Community Council during the second quarter of 1998 for the Public Meeting under the Planning Act.

 Comments:

 (1)The Community Information Meeting was held on April 8, 1998 and was attended by Councillors Altobello and Ashton, City staff and approximately ten members of the community. The community response was generally positive but some issues were raised. Subsequently, those who attended the first meeting were invited to attend two more meetings to address these specific issues. Two community members attended the second meeting and one neighbour was in attendance at the final meeting.

 (2)In response to concerns raised at the community meetings, the architect has; modified the facade treatment to break up the massing of the building (Figures 3, 4 and 5), removed the third floor rear balconies and all the balconies on the front of the building and provided a balance of two and three bedroom units thus increasing the size of the private residential courtyards.

 (3)On March 23, 1998, a letter was received from Mr. Kevin Brillinger, the owner of the property at 2803 Kingston Road expressing concerns regarding visibility of, and access to, Mister Transmission which is located on his property. He also expressed concerns regarding traffic, parking and the removal of the setbacks required by the current 'Highway Commercial' zoning. Mr. Brillinger was informed that this proposal meets the City's parking standards and is in keeping with the form of redevelopment recommended for this area in the Kingston Road Study. He was invited to attend all three community meetings but did not appear at any.

 (4)The applicant has agreed to be financially responsible for an ornamental trellis to be constructed on the parkette at the apex of the Canadian Tire property, directly to the north. This trellis was originally proposed by the Landscape Architect for the Canadian Tire site but was not able to be included as part of the final site plan.

 (5)The application was circulated to various technical review agencies, none of which expressed concern for the proposed mixed use development. The former Metropolitan Toronto Transportation Department requested an approximate 1.2 metre (5 foot) road widening and an adjustment to the building and parking south of this new property line. Boulevard landscaping in keeping with Metro standards was also requested. The development has been modified to meet these requirements.

 (6)In order to meet the parking standards, the applicant is unable to provide the standard 1.5 metre (5 foot) wide landscape strip required when Commercial abuts Single Family Residential uses. Instead the applicant has agreed to provide landscaping on the 4.6 metre (15 foot) wide City owned right of way, and a wooden fence along the south side of this right of way (Figure 2). Both the neighbours directly to the south and the Works and Environment Department are prepared to accept this arrangement.

 Conclusions:

 This proposal takes a property that has a been a neighbourhood concern for years and provides a development which will be a strong asset to the community. In keeping with the vision, endorsed by the Council of the former City of Scarborough through the Kingston Road Study, this proposal will continue the efforts to revitalize this area through the strengthening of its mainstreet character. The development will result in new business and residential opportunities within the Kingston Road/St. Clair Avenue node while remaining in keeping with the scale and character desired for this community.

 Contact Names:

 Peter Swinton, Acting Senior PlannerJayne Naiman, Senior Planner

Phone: (416) 396-7025Phone: (416) 396-7040

Fax: (416) 396-4265Fax: (416) 396-4265

E-Mail: swinton@city.scarborough.on.caE-Mail: naiman@city.scarborough.on.ca

 The Scarborough Community Council submits, for the information of City Council, the following communications (July 6, 1998) and (March 23, 1998) from Brillinger Investments Limited, Jerome Etkin Limited:

 July 6, 1998

 We are the owners of the commercial property at 2803 and 2799 Kingston Road immediately west of the subject property. Two highway commercial compatible tenants, a Mister Transmission franchise location and Kentucky Fried Chicken location are situated on the property. We have previously written to the planners on this file registering our opposition to both the Official Plan and Zoning By-law Amendment Applications (copy enclosed).

 The intent of this proposal seems to be to force a change in the existing zoning to conform with a vision for this area that is not compatible with the adjoining property. The properties at 2803 (Mister Transmission) and 2799 (Kentucky Fried Chicken) Kingston Road were developed in accordance with the Highway Commercial Zoning requirements for the area. All the appropriate setbacks from Kingston Road and sign by-law requirements have been observed.

 The proposal to abandon the Highway Commercial zoning impacts our property adversely in two ways.

 1.By permitting a building with a zero front yard setback and basically a lot line to lot line side yard setback the Mister Transmission building and sign will effectively be completely blocked off to west bound traffic. Access is already restricted and this will create a tremendous hardship for our tenant. The height and forward location of the proposed building will also dwarf the existing garage structure making it difficult for this retail outlet to be noticed at all from any direction.

 2.The zoning change adversely affects the commercial nature intended by the Highway Commercial Zoning. This block was designated for commercial uses to serve the neighbourhood and passing motorists. The type of uses that may be attracted to the proposed development will not be compatible with the existing uses on the block. There is the potential for severe parking and traffic hazards when there is no provisions for parking for the commercial components of the proposal.

 We believe this proposal does not fully take into account the intent of the original zoning for this area of Kingston Road nor does it acknowledge the serious impact on the existing businesses that comply with the current zoning and by-laws.

 We wish to be notified immediately if the Scarborough Community Council recommends in favour of the Official Plan Amendment and Zoning By-law Amendment Applications and the proposal is forwarded to Toronto City Council. This is also our written request to be advised if the proposed Official Plan Amendment is adopted to protect our right to appeal to the Ontario Municipal Board.

 We have not determined whether a representative will attend the meeting July 22, 1998 or not.

  March 23, 1998

 We are the owners of the property at 2803 Kingston Road, immediately west of the proposed development property. An initial review of the proposal raises concerns the development will affect our property and the businesses situated there.

 Here are some of the issues that arise:

 1.Visibility and Access

 The effect of the street front development will completely shield the existing Mister Transmission location from westbound traffic. The island in Kingston Road already makes access difficult. The new structure will also block off the pylon sign situated at the northeast corner of the property set back from the property line.

 2.Traffic and Parking

 We have concerns there will be insufficient parking for the proposed density. The combination of four (anticipated) commercial enterprises and 16 residential units will generate significant traffic. The curb lane will likely become congested and may be converted to restricted parking to serve the businesses. It will be difficult for customers and guests of the residents to locate the parking in the rear.

 3.Setbacks

 The elimination of set backs required by the current HC zoning not only impacts our property's visibility to the westbound traffic but also raises a technical concern. The site plan shows a portion of the proposed building immediately adjacent to the foundation of our building. We have concerns our property could be damaged or the foundation of the building undermined in the course of construction.

 We want to be on record opposing both the Official Plan Amendment P97025 and Zoning By-law Amendment Application Z97063. Kingston Road is a major artery and important commuter route justifying the existing HC zoning.

 The proposed development is incompatible with the existing businesses on this block and will be detrimental to ongoing operations. The existing HC setbacks must be maintained.

  Mr. Paul Anderson, representing the applicant, appeared before the Community Council in connection with the foregoing matter and expressed support for the staff recommendation.

 Councillor Brian Ashton also reported to Community Council the receipt of a verbal request from Ms. M. Cunningham, an area resident, requesting deferral of this application.