Preliminary Evaluation Report

P97024/Z97062 - Paul Viaros, 381-383 Birchmount Road

Ward 13 - Scarborough Bluffs

 The Scarborough Community Council recommends that City Council:

 (1)strike out the recommendation contained in the following report (May 14, 1998) from the Commissioner of Planning and Buildings, Scarborough, wherein it is recommended that the subject application be refused; and

 (2)direct that staff continue to process the applications in the normal manner and schedule a Public Meeting in the fall of 1998, subject to the applicant revising his Official Plan Amendment Application and Zoning By-law Amendment Application to request Industrial District Commercial designation and zoning.

 The Scarborough Community Council submits the following report (May 14, 1998) from the Commissioner of Planning and Buildings, Scarborough:

  Purpose:

 Mr. Paul Viaros has applied to amend the Official Plan and Zoning By-law to provide for Auto-related Mixed Use to permit retail and service uses including vehicle sales, in addition to the existing employment uses on an industrial property at the south-east corner of Birchmount Road and Raleigh Avenue. The applicant requests permission to use approximately 35 square metres (376 square feet) of the existing 375 square metre (4036 square feet) industrial building at 381-383 Birchmount Road, for an automobile sales business.

 Recommendations:

 It is recommended that City Council refuse the applications by Paul Viaros to amend the Official Plan (P97024) and the Employment District Zoning By-law (Z97062) to permit 35 square metres (376 square feet) of the existing industrial building to be used for an automobile sales business. The land is designated and zoned for General Industrial Uses providing for employment uses and the proposed site-specific amendments for Auto-related Mixed Use would be incompatible and not appropriate for this area. The intent of the Auto-related Mixed Use designation is to include a variety of commercial, highway commercial, office, residential and community facility uses. The mixing of incompatible uses such as industrial and vehicle sales and outdoor storage of vehicles are not permitted in this designation.

 Background:

 (1)The subject property is situated on the south-east corner of Birchmount Road and Raleigh Avenue, with frontage and access on Raleigh Avenue. The bulk of the building is used by the applicant's heating and airconditioning shop. The car sales office occupies the north part of the building. The site is surrounded by industrial uses on the west, a vehicle repair operation on the east, a service station and car lot on the north, and the CNR on the south. Raleigh Avenue contains a mix of industrial and residential uses, including automobile service and garage uses which have legal non-conforming status.

 (2)The Official Plan provides for General Industrial Uses with High Performance Standards.

 (3)The site is zoned General Industrial Uses permitting day nurseries, educational and training facility uses, industrial uses, places of worship, recreational uses and offices, excluding medical and dental offices.

 The site is under site plan control.

 (4)In 1995, the former City of Scarborough Council undertook Official Plan and Zoning changes to restrict vehicle service and repair uses in Employment Districts to the interior of specific Employment Districts away from arterial roads and residential areas. Council's initiative also separated the various elements previously incorporated in the definition of public garages, in order to provide for clarity in the zoning By-law, and as a result provided separate definitions for Vehicle Repair Garages, Vehicle Sales Operations, Vehicle Service Garages and Vehicle Service Stations. Vehicle Sales Operations are permitted only in the following zones: Industrial Commercial Zone (MC), Industrial District Commercial Zone (MDC), Highway Commercial Zone (HC), District Commercial Zone (DC) and Vehicle Service Zone (VS).

 (5)The applicant has submitted a drawing indicating that four parking spaces can be provided in the front yard to accommodate the needs of the proposed use. An additional eight parking spaces can be accommodated at the rear of the property to satisfy the needs of the other tenants.

 (6)In 1992, the applicant submitted a minor variance application (A261/92) to the Committee of Adjustment to permit an auto sales operation. The application was approved by the Committee for a period of three years. In 1995, when the variance lapsed, the applicant applied again to the Committee (A284/95) to extend the permission for an auto sales operation for an additional three years. Committee refused the application indicating that the variance would not maintain the general intent and purpose of the Official Plan and Zoning By-law, which provide for Industrial Uses. The Committee indicated that this is a matter more appropriately dealt with by Council as Zoning By-law and Official Plan amendments.

 The Committee's decision was appealed to the Ontario Municipal Board, and the Board dismissed the appeal. This prompted the applicant to submit the current applications.

 (7)The applications have not been circulated to technical agencies and departments for their comments. Planning staff have discussed the staff position with the applicant and with the Councillors for Scarborough Bluffs.

 Comments:

 Planning staff have met with the applicant on several occasions to discuss this proposal. Staff have expressed concern with the applicant's proposal because it does not maintain Council's intent with respect to auto-related uses in our employment areas and along major roads. Also, if approved, the application would entail a spot Official Plan amendment for a small site and would not meet the broader objectives of the Official Plan to maintain integrity and continuity for the continuous viability of employment generating uses. There are other more appropriate areas in the municipality along arterial roads that can accommodate this use.

 The applicant has been encouraged by Planning staff to withdraw his applications. The applicant has however requested that we report his applications to Council.

 Conclusions:

 The applicant's proposal to introduce retail and service uses and vehicle sales in addition to the existing employment uses, will conflict with Council's policy of removing auto-related uses from major street frontages in Employment Districts. The intent of the Auto-related Mixed Use designation is to include a variety of commercial, highway commercial, office, residential and community facility uses. The mixing of incompatible uses such as industrial and vehicle sales and outdoor storage of vehicles are not permitted in this designation.

 A spot Official Plan amendment for this site cannot be supported because it would provide for an undesirable and incompatible use within a small portion of the building. The vehicle sales operation would also be incompatible with the industrial use carried by the applicant in the remaining part of the building, is not appropriate for this area, and would not be good planning. I therefore recommend that Council refuse these applications.

 Contact Name:

 Aristotle Christou, Senior Planner

(416) 396-5228

(416) 396-4265 Fax No.

christou@city.scarborough.on.ca

  The Scarborough Community Council submits, for the information of Council, the following supplementary report (July 5, 1998) from the Commissioner of Planning and Buildings, Scarborough:

 Purpose:

 At its meeting of June 24, 1998, Scarborough Community Council referred the May 14, 1998, report of the Commissioner of Planning and Buildings, Scarborough, back to staff and requested that the Commissioner consult further with the applicant and report accordingly to the July 22, 1998, meeting of Community Council.

 Recommendation:

 For the information of the Scarborough Community Council.

 Background:

 Mr. Viaros has applied to amend the Official Plan and Zoning By-law to provide for Auto-related Mixed Use to permit retail and service uses including vehicle sales, in addition to the existing employment uses on an industrial property at the south-east corner of Birchmount Road and Raleigh Avenue. The applicant requests permission to use approximately 35 m² (376 square feet) of the existing 375 m² (4036 square foot) industrial building at 381-383 Birchmount Road, for an automobile sales business.

 My May 14, 1998, report recommended that Council refuse the applications. The land is designated and zoned for General Industrial Uses providing for employment uses and the proposed site-specific amendments for Auto-related Mixed Use would be incompatible and not appropriate for this area. The intent of the Auto-related Mixed Use designation is to include a variety of commercial, highway commercial, office, residential and community facility uses. The mixing of incompatible uses such as industrial and vehicle sales and outdoor storage of vehicles are not permitted in this designation.

Comments

 Planning staff have met with the applicant and discussed potential uses for the site. The applicant submitted a letter on June 24, 1998, requesting the following uses be considered by Scarborough Community Council, in addition to the existing industrial use: used car sales, wholesale and retail of electrical supplies, plumbing supplies, heating and air conditioning parts and supplies, car parts, maintenance and cleaning supplies, new and used restaurant equipment, print shop and retail of discounted warehouse merchandise such as shoes and clothing.

 Staff have reviewed the applicant's proposed uses for the site. It would appear that an Industrial District Commercial land use designation and zoning, with an additional permission for retail sales and industrial uses, would accommodate the applicant's requirements. This would be similar to the land use and zoning currently applying on the property to the north, and would provide for consistency of land uses in this area.

 Conclusion:

 Scarborough Community Council has two options available in determining how to proceed further with these applications. You may refuse the applications without further consideration, based on my analysis and recommendations contained in my report of May 14, 1998.

 Alternatively, Scarborough Community Council may direct staff to continue to process the applications in the normal manner and schedule a Public Meeting in the fall of 1998, subject to the applicant revising the Official Plan Amendment and the Zoning By-law Amendment applications to request Industrial District Commercial designation and zoning.

 Contact Name:

 Aristotle Christou, Senior Planner

(416) 396-5228

(416) 396-4265 Fax No.

christou@city.scarborough.on.ca

 Councillor Gerry Altobello declared his interest in the foregoing matter in that his family owns a business on Raleigh Avenue.