Official Plan Amendment Application SP98006

Zoning By-law Amendment Application SZ98014

Goodman Phillips & Vineberg on Behalf of Her Majesty The Queen

(First Gulf Group Developments Limited) Hwy 401 & Kennedy Road

Ward 15 - Scarborough City Centre

 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:

 Goodman Phillips and Vineberg, on behalf of Her Majesty The Queen has submitted applications for Official Plan and Zoning By-law Amendments for two parcels of Crown owned land. These parcels are surplus highway lands associated with the south east quadrant of the Kennedy Road/Macdonald Cartier Freeway Highway 401 interchange. The Official Plan amendment proposes to designate a portion of the lands (Parcel A) which are undesignated and shown as Highway 401 to Special District Commercial and rezone the lands from "Industrial" and "Industrial Commercial" to "Mixed Employment Uses". The applicant proposes to merge these parcels with the Kennedy Commons Limited lands and establish similar employment uses on these parcels.

   Recommendations:

It is recommended that City Council:

 (A)Official Plan:

 amend the Progress Employment District Secondary Plan with respect to the property being Part of Lot 22, Registrar's Compiled Plan 9945 located at the south east quadrant of the Highway 401/Kennedy Road interchange by establishing a Special District Commercial designation on lands currently undesignated and shown as the Macdonald Cartier Freeway Highway 401 and by adding existing Numbered Policy 10 of the Progress Employment District Secondary Plan to the designation as shown on Figure 1;

 (B)Zoning By-law:

 amend the Progress Employment District Zoning By-law with respect to the property being Part of Lot 22, Registrar's Compiled Plan 9945 located at the south east quadrant of the 401/Kennedy Road interchange as follows:

 (1)delete the "Industrial" M zoning and the "Industrial Commercial" MC zoning as shown on Figure 2 and replace it with a "Mixed Employment" zone so the zoning of these two parcels merges with the existing "Mixed Employment" zone on the Kennedy Commons project and add the following development standards which are consistent with the Kennedy Commons project:

 (a)maximum gross floor area for all uses: 46,450 square metres (500,000 square feet);

 (b)minimum 15 metre (50 foot) building setback from CN Rail property line;

minimum 3 metre (10 foot) building setback from all other property lines;

 (c)minimum 5 parking spaces per 100 square metres (1,076 square feet) of gross floor area for all financial institutions, personal service shops and retail stores. Beyond 23,255 square metres (250,000 square feet) of combined built gross floor area of financial institution, personal service shop, retail store, restaurant and entertainment uses, the required parking for these uses shall be calculated on the basis of a minimum 4.8 spaces per 100 square metres (1076 square feet) of total gross floor area;

 (d)all uses shall be conducted wholly within an enclosed building except that open storage and display of goods is permitted within 6 metres (20 feet) of the main wall of a building, or in conjunction with a lumber supply store or garden nursery;

 (e)Third Party signs shall not be permitted;

 (f)the provisions of Section 18, Ancillary Retailing in "E", "M", "ME", "MG", and "MS" Zones, clause IV, General Provisions, shall not apply;

 (g)the provisions of this By-law shall apply collectively to these lands notwithstanding their division into two or more parcels;

 (2)establish an exception consistent with the Kennedy Commons project to permit the following additional permitted uses:

 (a)Places of Entertainment;

(b)Lumber Yard and Building Supply Warehouses;

(c)Open Storage and Display of Goods in conjunction with a Lumber Yard; and

(d)Building Supply Warehouse or a retail store;

 (C)enact a by-law to establish Site Plan Control on that portion of the lands not currently covered by Site Plan Control and that the said By-law be presented concurrently with the By-law to establish zoning on the subject lands; and

 (D)authorize such unsubstantive technical, stylistic, or format changes to the Official Plan and Zoning By-law to properly carry out the intent of this resolution.

 Background:

 The two parcels as shown on Figure 2 are owned by the Crown as represented by the Ontario Realty Corporation and are in the process of being sold to First Gulf Development Corporation for incorporation into the Kennedy Commons Ltd. project. Parcel A referred to as the "Ramp Parcel" is 1.2 hectares (3.03 acres) and lies adjacent to the eastbound Highway 401 on-ramp. The new public road through Kennedy Commons crosses this parcel. Proposed development for this parcel includes parking and two buildings (Buildings K and L as shown on the attached Figure 3). These buildings are approximately 2,080 square metres (22,380 square feet) and 375 square metres (4,000 square feet) respectively.

 Parcel B referred to as the "Antrim Parcel" is 0.2 hectares (.59 acres) and is located immediately opposite the Kennedy Road and Antrim Crescent intersection. A vehicular entrance from Kennedy Road and a portion of Building D shown on Figure 3 are to be developed on this parcel. Building D is approximately 2,320 square metres (25, 000 square feet).

 The larger parcel or Parcel A as shown on Figure 2 is undesignated and is part of the Macdonald Cartier Freeway Highway 401. In order for this parcel to be used for development consistent with the uses permitted on the Kennedy Commons project an Official Plan Amendment is required. The smaller parcel or Parcel B as shown on Figure 2 was previously designated Special District Commercial when the comprehensive Official Plan Amendment for Kennedy Commons was approved by Council in June of 1996.

 The existing zoning on the two subject parcels is "Industrial" M zone on the larger Parcel A and "Industrial Commercial" MC on the smaller Parcel B. These zonings need to be amended to permit the range of uses currently permitted on the Kennedy Commons development site. Current zoning on Kennedy Commons is "Mixed Employment" ME zone and includes an exception to allow additional permitted uses.

 It is expected that these parcels will develop in accordance with the proposed site plan (Figure 3) and as an extension of the overall Conceptual Site Plan approval by the former Scarborough Council on June 24, 1997.

 Site Plan Control is not applicable to Parcel A and it would be necessary for Council with its approval of these applications to establish through by-law, Site Plan Control on the subject Parcel A.

 A preliminary evaluation report was presented to Council in May of 1998 and direction was given to proceed to a Public Meeting on July 22, 1998.

 Comments:

 (1)These applications will allow surplus land with minimal free standing development potential to be added to the Kennedy Commons project and allow a comprehensive build out of lands at this strategic commercial location in the City.

 (2)The proposed amendments are appropriate and the assimilation of these two parcels with the current land holding of Kennedy Commons would allow similar types of commercial activity to be developed on these two parcels.

 (3)Approval of the amendments is a prerequisite to continuing on with comprehensive site plan approvals for buildings in or partially within the lands to be redesignated and rezoned.

 (4)The applications were circulated for technical review and to date, no negative responses have been received.

 Conclusions:

 The subject applications are appropriate and allow the two parcels to be developed as commercially viable components of the Kennedy Commons project. The Kennedy Commons project which at this time has four major building components either open or under construction is on its way to becoming one of the City's premier commercial locations and a northerly anchor of the Kennedy Road Business Improvement Area. I highly recommend Council consider the approval of these applications.

 Contact Name:

 Wayne Quinn, MCIP RPP, Manager

Phone 396-7029

Fax: 396-4265

Email: wquinn@city.scarborough.on.ca

 The Scarborough Community Council submits, for the information of City Council, the following communication (July 14, 1998) from Mr. Michael Rumble, Corridor Management Office of the Ministry of Transportation:

 The Ministry of Transportation has reviewed the above mentioned application and we have no objection to the proposed rezoning, subject to the following comments.

 Clarification should be made in the above noted application. While First Gulf Group has negotiated to purchase Parcel A, the Ontario Realty Corporation is still the title owner. First Gulf Group will not officially close on the property until such time that they have satisfied the terms of a Legal Agreement with the MTO to reconstruct the Highway 401 ramps at Kennedy Road. It should also be noted that all development of this parcel will require MTO review and approval. A final drainage plan must also be reviewed and approved prior to any development taking place. All structures must be setback a minimum of 13.7 m from the future Highway right of way.

 If you have any questions or require further clarification, please contact me at the number listed above at your earliest convenience.

 Ms. Roslyn Houser, Solicitor for the owner, appeared before the Community Council in connection with the foregoing matter and expressed support for the staff recommendations.