Official Plan Amendment Application P97011

Zoning By-law Amendment Application Z97031

Ontario Hydro - Warden Avenue and Metropolitan Road

Ward 14 - Scarborough Wexford

 The Scarborough Community Council, after considering the deputations and based on the finding of fact, conclusions and recommendations contained in the report, dated June 19, 1998, from the Commissioner of Planning and Buildings, Scarborough, recommends that the report of the Commissioner of Planning and Buildings, Scarborough, be adopted, subject to the following amendments to Recommendation No. (4) under "(B) Zoning By-law":

 (1)delete Item (c) "Financial Institutions" and renumber the remaining recommendations accordingly; and

 (2)add the following words to the end of (j): "the dispensing of fuel to be limited to propane", so that Recommendation No. (4) under (B) Zoning By-law shall now read as follows:

 "(4)providing that prior to the removal of the Holding Provisions (H) from the zoning, only the following uses shall be permitted:

 (a)Day Nurseries;

(b)Education and Training Facilities;

(c)Industrial Uses;

(d)Offices;

(e)Personal Service Shops;

(f)Places of Worship;

(g)Recreational Uses;

(h)Retail Stores (excluding take-out restaurants); and

(i)Vehicle Service Garage and/or Vehicle Service Station limited to facilities and services provided only to vehicles directly associated with the primary industrial function of the property; the dispensing of fuel to be limited to propane;"

 (3)add a new Recommendation No. (6), as follows:

 "(6)Education and Training Facilities shall not be permitted in this Mixed Employment Zone."

 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 19, 1998) from the Commissioner of Planning and Buildings, Scarborough:

 Purpose:

 This report presents recommendations to amend the Ellesmere Employment District Secondary Plan and the Employment Districts Zoning By-law (Ellesmere) from Ontario Hydro Corridor and Public Utilities to General Employment and Mixed Employment Zone (ME) respectively, including provision for limited Vehicle Service and Repair Uses. The applications affect the vacant former Ontario Hydro corridor lands located on the east side of Warden Avenue, south of Metropolitan Road, as shown.

 Recommendations:

 It is recommended that City Council amend the Ellesmere Employment District Secondary Plan and Zoning By-law, as amended, with respect to the lands located on the east side of Warden Avenue, south of Metropolitan Road, being former Ontario Hydro transmission corridor lands known municipally as Part of Lot 32, Concession 2, by:

 (A)Official Plan

 (1)deleting the Ontario Hydro Corridor designation and replacing it with a General Employment Uses designation; and,

 (2)adding the following Numbered Policy:

 "East of Warden Avenue, South of Metropolitan Road

 Vehicle Service and Repair Uses are permitted, provided they are limited to facilities and services provided only to vehicles directly associated with the primary industrial function of the property."

 (B)Zoning By-law:

 (1)deleting the "Public Utilities" (PU) zoning and adding "Mixed Employment - Holding" (ME - H) zoning;

 (2)deleting Exception No. 301;

 (3)adding the following development standards:

 (a)gross floor area of all buildings minus the gross floor area of all basements shall not exceed 0.40 times the area of the lot;

 (b)maximum gross floor area of restaurants, including take-out restaurants, shall not exceed 510 square metres (5,500 square feet);

 (c)retail stores, financial institutions, personal service shops and restaurants shall only be located within 140 metres (460 feet) of the Warden Avenue streetline;

(d)vehicle parking or storage for a Vehicle Service Garage shall be prohibited in all street yards;

 (e)maximum combined gross floor area for a Vehicle Service Garage and Vehicle Service Station: 370 square metres (4,000 square feet);

 (f)minimum street yard setback: 3 metres;

 (g)minimum rear yard setback: 7.5 metres;

 (h)minimum side yard setback: 3 metres; and

 (i)the provisions of the By-law shall apply collectively to the land, notwithstanding its future division into two or more parcels.

 (4)providing that prior to the removal of the Holding Provisions (H) from the zoning, only the following uses shall be permitted:

(a)Day Nurseries;

(b)Education and Training Facilities;

(c)Financial Institutions;

(d)Industrial Uses;

(e)Offices;

(f)Personal Service Shops;

(g)Places of Worship;

(h)Recreational Uses;

(i)Retail Stores (excluding take-out restaurants); and

(j)Vehicle Service Garage and/or Vehicle Service Station limited to facilities and services provided only to vehicles directly associated with the primary industrial function of the property;

 (5)providing that the Holding Provision (H) used in conjunction with the Mixed Employment (ME) zone shall be removed in whole or in part by amending By-law when Council is satisfied as to the acceptability of mutual access arrangements between the various uses on the property and/or the abutting property at 1575 Warden Avenue, as well as the acceptability of the proposed Site Plan, to adequately accommodate vehicle access from and egress to Warden Avenue;

 (C)designate the property as a Site Plan Control Area; and

 (D)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 subject applications have been submitted for Ontario Hydro by Goodman and Carr, Solicitors, on behalf of North American Realty Acquisition Corp. (CentreCorp), which is purchasing this portion of the corridor subject to obtaining necessary planning approvals for development of the lands. The corridor from Lawrence Avenue to McNicoll Avenue was declared surplus to Ontario Hydro's needs in March, 1996 and has not carried electricity in over a decade.

 The subject lands comprise approximately 2.6 hectares (6.4 acres) with a frontage of 90.8 metres (298 feet) on Warden Avenue, an average width of 61 metres (200 feet) and depth of 430 metres (1,410 feet). Adjacent uses include a mix of industrial, vehicle sales, service station and industrial commercial uses, with the CP rail line at the eastern extremity of the property. To the west across Warden Avenue are single family dwellings having reversed frontages on Warden, and a further portion of the same surplus Ontario Hydro corridor being sold separately.

 The applications propose 510 m² (5,500 square feet) of commercial uses, currently in the form of two free-standing restaurants, on the front portion of the property and 7 432 m² (80,000 square feet) of industrial use on the rear. The proposed industrial use consists of a catering (food preparation) business (Meal Makers Ltd.) with associated kitchen facilities, offices and storage to service independently owned and operated mobile vending ("coffee") trucks, as well as banquet halls, clubs and similar customers. Meal Makers currently operates from a number of facilities across the City and is seeking to consolidate its operation in one location. The proposal includes 80 indoor overnight parking spaces for the vending trucks, together with 339 m² (3,648 square feet) of vehicle refuelling, washing and minor maintenance space for those vehicles. The indoor parking is also required to enable weather protected loading of the vending trucks, primarily during the early morning hours.

 An application for Consent to sever the property (B97055) into three parcels for the two restaurants and the industrial use has also been submitted as indicated on Figure 2. In order to meet the Zoning By-law requirement for frontage on a public street for the rear industrial parcel, the plan identifies an extension of the parcel (Part C) between the two parcels to be retained. All parcels would enjoy mutual easements as indicated by the proposed driveway access.

 The Council of the former City of Scarborough on September 16, 1997 considered a Preliminary Evaluation Report on the Official Plan and Zoning By-law amendment applications and directed the normal processing of the applications with the Public Meeting targeted for the first quarter of 1998. The Council also directed initiation of an Official Plan Amendment to amend Schedule "C", the Roads Plan of the former City of Scarborough, to add a new road linking the eastern terminus of Metropolitan Road southerly to Warden Avenue through Continental Place, in part across the rear of the subject lands. Statutory Notice has been issued in that regard for a Public Meeting to consider the amendment (W98009), scheduled on this agenda.

 The proposed development concept is indicated on Figure 3. Revisions to the concept originally submitted include deleting one of two northerly restaurant pads, reducing the size of the restaurant on the southerly parcel to be created, and enlarging the proposed industrial building. The property is not currently designated as a Site Plan Control Area, and a Site Plan Control Application has not been submitted to date.

 The adjacent Shell Canada property at 1575 Warden Avenue is currently the subject of a Site Plan Control application to permit site redevelopment with an enlarged kiosk including convenience retail sales. Staff review of that application is nearing completion for the purposes of final approval.

 The subject lands were not included by the former City of Scarborough Council last year in Official Plan Amendment 1001 which added an Open Space designation to much of this surplus Ontario Hydro, and are not subject to ongoing proceedings in that regard before the Ontario Municipal Board.

 The Official Plan currently designates the subject lands Ontario Hydro Corridor, providing for the primary transmission of the public utility, with limited secondary uses permitted which include parking lots, walkways, bikeways, gardening plots and recreational uses. Similarly, the lands are currently zoned Public Utilities (PU) permitting public utilities, pipelines and horticulture.

 The current Official Plan and Zoning By-law provisions for the General Employment designation and Mixed Employment Zone (ME) respectively are set out on the attached Appendix.

 Comments:

 (1)Industrial operators are generally permitted fuelling and maintenance facilities to service their own vehicle fleets. The current proposal is somewhat unique in that these facilities are industrial in nature but intended to service independent vending truck operators being supplied by Meal Makers. Accordingly the proposal falls within the realm of auto-related service use.

 The Council of the former City of Scarborough in 1995 limited auto-related service uses to specific suitable locations within certain employment districts, particularly where properties are accessible only from interior local streets. Within the Ellesmere Employment District, vehicle service uses, limited to vehicle service garages only, are permitted adjacent to the subject lands on properties fronting on Metropolitan Road. As well, the Industrial Commercial (MC) and Industrial District Commercial (MDC) zoning for abutting properties fronting Warden Avenue currently provides for the full range of vehicle sales, repair and service uses including autobody repair and painting.

 In this context, it would be appropriate to accommodate the proposed ancillary fuel, wash and repair facilities on a limited basis within the Official Plan and Zoning By-law amendments for the industrial use. Council may wish, however, to ensure such facilities do not expand and become accessible to the general public over time should the industrial operation cease, particularly as the proposed industrial parcel would retain access from Warden Avenue. I believe the appropriate treatment in this case would be to establish a numbered policy permitting limited "vehicle service garage" and "vehicle service station" uses serving the primary industrial use, allowing for the sale and installation of vehicle parts and accessories, maintenance and repair of vehicles, sale of fuel, and manual vehicle washing as presently proposed by Meal Makers.

 (2)The applications have been circulated to the usual commenting agencies. Most have indicated no concerns, however Transportation staff have serious concerns with respect to site accessibility, particularly given traffic associated with the proposed restaurant uses. The proposed site access from Warden Avenue has been located at the southern extremity of the property to maximize separation from the Metropolitan Road intersection. South-bound left turns onto the site do not present a problem given the existing centre left turn lane on Warden.

 There are concerns regarding traffic exiting the site turning left (south-bound) onto Warden, however, due to traffic volumes throughout the day and particularly the queuing of traffic associated with the traffic signals at Metropolitan Road. Staff have considered the option of limiting such movements during peak periods through signage and By-law restriction. Given documented traffic volumes on Warden in both directions during peak periods and the differing peak periods of various types of restaurants, including take-out restaurants, which generate higher traffic volumes by floor area than other uses, however, staff remain concerned that the potential for error in the judgement by drivers still attempting the south-bound exit during such peak periods presents an unacceptable risk. While the applicant has reduced the amount of proposed restaurant space in response, staff feel the only acceptable measure to accommodate traffic exiting the property is to physically limit such movements to north-bound exits only.

 (3)Notwithstanding this proposed limitation, the applicant remains concerned about the ability to attract restaurant tenants, particularly fast-food operators who generally demand unrestricted site access/egress for customers during peak hours. The applicant advises that negotiations with the land owner to north to secure access to Metropolitan Road over 1615 Warden Avenue have not been successful. The purchaser of the Hydro lands (CentreCorp) has, however, submitted a Mutual Access Agreement with Shell Canada to provide for a shared access over both properties. This arrangement is acceptable to staff, however it would be appropriate to apply a Holding (H) provision to any rezoning of the Hydro lands for restaurant and take-out restaurant uses to ensure finalization of such arrangements through the site plan and consent processes.

 (4)Exception 301 of the Zoning By-law permits a parking lot on the subject lands adjacent to the rear of 25 Metropolitan Road. The applicant advises there are currently no arrangements in place for this purpose, and a parking lot in this location would interfere with the current site plan concept. It would therefore be appropriate to remove this permission in rezoning this property.

(5)The proposed lot division would render the industrial parcel a key-hole lot, which generally is not desirable from a planning standpoint. In this case the nature of the industrial operation does not rely on public visibility from Warden Avenue, and the City's initiative to identify a new road linking Metropolitan Road to Continental Place over the rear of the subject lands will in time provide enhanced alternative frontage and accessibility for the industrial use.

 (6)Should the subject applications be approved, it would be appropriate to designate the subject lands as a Site Plan Control area in accordance with Council site plan policies.

 (7)The development standards proposed in the Recommendations generally reflect those standards applicable to the abutting Industrial District Commercial (MDC) and General Industrial (MG) zones respectively. In view of the concerns regarding traffic generation, however, it is also recommended that restaurant space be capped at the level now proposed by the applicant. All other general provisions of the By-law, including parking requirements, would continue to apply.

 (8)The subject lands are prominently located on Warden Avenue, close to Highway 401, and have substantial development potential. They are constrained, however, by a long, narrow and angular configuration, with limited street frontage in close proximity to the signalized intersection at Metropolitan Road. The context of this site lends itself to development with a variety of uses, as opposed to a single use such as purely office, retail or industrial.

 The Official Plan provides that in rezoning the property for General Employment Uses, Council may limit retail and service uses to the front portion of the property, and the size of any individual use. This approach is desirable and is reflected in the Recommendations. As well, the Plan encourages vehicle circulation between projects and the use of common access points, as is currently provided for in both the proposed site plan and the site plan for the adjacent Shell property.

(9)Providing for an expanded range of employment generating uses on the front portion of the property and primarily industrial use on the remainder will provide enhanced service to this employment district and the travelling public, and would assist a growing local business to remain in the area. As this proposal would contribute substantially to the economic development objectives of this City, I am pleased to recommend the applications for your approval.

 Contact Name:

 Rod Hines, Principal Planner

Phone: (416) 396-7020

Fax: (416) 396-4265

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

  APPENDIX 1

 Existing Official Plan Polices for the General Employment Designation:

 (1)Council may permit the following uses in areas designated for General Employment:

 -industrial uses

-recreational use

-offices

-Community Facilities

-retail and service uses

-training and educational facilities

 Uses which possess excessive noxious characteristics shall not be permitted. Upon the satisfactory elimination or reduction of noxious aspects, such uses may be permitted by rezoning without amendment to the Official Plan.

 (2)In considering rezoning proposals in General Employment areas, Council shall have regard for:

 -the impact on existing and planned commercial centres;

-compatibility with existing and planned adjacent uses;

-the adequacy of existing and planned municipal services and roads;

-the intent to encourage development of non-retail and non-service employment-generating uses; and

-the need to provide the local population with retail sales and services over and above those provided by traditional shopping centres.

 (3)When zoning for retail and service uses in accordance with the above considerations, Council may:

 -limit retail and service permitted to a proportion of built floor space for offices and industrial uses with the amount to be calculated on the portion of the property between the major road and the local road or the equivalent depth;

-limit retail and service uses to the portion of the property immediately abutting the major road;

-ensure that, where feasible, the amount of retail and service uses are matched by offices or industrial uses with in the area where retail uses are permitted;

-ensure that adequate on-site parking facilities are provided; and

-limit the size of any individual retail and service uses.

 (4)Council shall promote a quality business image through site plan control by using the following guidelines:

-integrate signs with the building design and use permitted ground signs to promote a unified project image;

-encourage the intensity of development along the streetline to both create an attractive streetscape as well as a buffer from the industrial activities in the interior of Employment Districts, while respecting existing building locations;

-promote provision for vehicle circulation between projects and encourage common use of access points while providing for pedestrian amenities; and

-segregate the parking areas from shipping and receiving areas and screen both functions from street view.

 Existing Zoning By-law Provisions for the Mixed Employment Zone (ME):

 (a)Permitted Uses

 -Day Nurseries,

-Educational and Training Facility Uses,

-Financial Institutions,

-Industrial Uses,

-Offices,

-Personal Service Shops,

-Places of Worship,

-Recreational Uses,

-Restaurants; and

-Retail Stores

 (b)Supplementary Regulations

 (i) All Uses shall be conducted wholly within an enclosed building.

  The Scarborough Community Council submits, for the information of City Council, the following communication (July 6, 1998) received from Mr. R. Wayne Burns, Shell Canada Products Limited:

 Shell has no objection to the attached application but would ask to be sent a copy of the adoption of the Official Plan Amendment if it is adopted July 22, 1998.

  Mr. Patrick Devine, Solicitor for the applicant, appeared before the Community Council in connection with the foregoing matter and expressed support for the staff recommendations.