Official Plan and Zoning Amendment Application UDOZ-98-02 -

John Waldie - 860 York Mills Road -

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 (August 6, 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 the application submitted by John Waldie regarding Official Plan and Zoning Amendment Application for 860 York Mills Road, be approved.

The North York Community Council reports having held a statutory public meeting on September 16, 1998, with appropriate notice of this meeting, in accordance with the Planning Act.

The North York Community Council submits the following report (August 6, 1998) from the Acting Commissioner of Planning:

Purpose:

The purpose of this report is to recommend Official Plan and Zoning By-law Amendments to permit an increase in the retail and service commercial component of a new one storey commercial building.

Recommendations:

It is recommended that the application be approved subject to the following conditions:

(1)Part D.13, Section 3 of the Official Plan (Business Parks Secondary Plan) be amended to permit retail uses and personal service shops within a freestanding building on the lands located at 860 York Mills Road.

(2)the MO(6) zone be amended, subject to the following:

i)schedule MO(6B) be amended to identify this site as Parcel 9;

ii)on Parcel 9, notwithstanding the uses permitted in the MO zone, a retail store or personal service shop is permitted up to the lesser density of 0.5 FSI or a combined total gross floor area of 5,000 m²;

iii)on Parcel 9 the minimum yard setbacks for the corner lot shall be as follows:

a)1.5m for the front yard setback;

b)1.5m for the side yard setback from the street lot line; and

c)3.0m for all other side yards;

iv)on Parcel 9 the minimum dimensions for a loading space shall be 9.0m long and 3.6m wide;

(3)during site plan review the objectives set out in Appendix A shall be achieved; and

(4)the appropriate City Officials be authorized and directed to take the necessary action to give effect hereto.

Background:

The applicant proposes to construct a one storey commercial building (see Schedule "C"). The revised site statistics are set out below.

Site Location:

The site is located at the northeast corner of York Mills Road and Lesmill Road and is currently occupied by a gasoline station. A car wash facility is located to the east of the property and a dry cleaning establishment to the north. Across Lesmill Road there is a vacant office/industrial building. Employment uses are found along both streets.

Official Plan:

The site is part of the Wrentham Estates Business Park. Official Plan Amendment (OPA) 443 designates the site Industrial (IND) (Schedule "A"). Retail and service commercial uses in the Business Park are limited to 20 percent of the gross ground floor area (or largest floor) of a building. The applicant proposes to increase the proportion to 75 percent retail uses, thereby requiring an amendment to the Official Plan.

Zoning By-law:

The property is zoned Office Industrial Exception Zone (MO(6)) by Zoning By-law No. 7625, permitting mainly employment uses (Schedule "B"). The zoning of the property implements the restrictions of the Official Plan for retail uses. An amendment to the Zoning By-law is required to permit the proposed increase in retail use and to accommodate the siting of the building through site-specific setback and loading provisions.

Department Comments:

Department comments are attached in Schedules "E" to "G" and include the following pertinent requirements:

The Transportation Department indicates that 60 parking spaces are required along with one loading space. A number of site plan issues have also been identified (Schedule "E").

The Works and Emergency Services Department indicate that a 1.5 metre widening will be required along the entire Lesmill Road frontage. Given the potential for soil contamination a Phase II Peer Review has been requested as outlined in Schedule "F".

Community Consultation:

In consultation with the local Councillors, the business community within 120 m of the property was contacted by mail to provide area businesses with a convenient forum to comment on the proposal (Schedule "D"). A letter explaining the details of the proposed development was mailed out on May 29, 1998. The proposal generated two inquiries from nearby land owners. The first inquiry was for more information on the proposal and included a discussion of the development potential of a nearby property. The second inquiry raised the following comments:

(a)the need for block development of this site together with neighbouring properties to articulate the entrance to the Business Park;

(b)not to preclude future access for abutting properties to Lesmill Road; and

(c)the need for a soils study at this stage to identify potential migration of contaminants onto neighbouring properties and assign responsibility for cleanup of such contamination to the property owner.

The creation of a gateway to the Business Park was identified as an important issue in the Preliminary Evaluation Report. The applicant has revised the proposal to ensure that the building is located close to the corner allowing for appropriate landscaping and building articulation to be achieved through the site plan approval process. Block development is not contemplated by the Business Park Secondary Plan and the creation of a gateway can be achieved on this site through appropriate urban design criteria employed during the site planning stage. In addition, existing access arrangements for abutting properties are not impacted by this redevelopment.

With respect to soil conditions, the applicant has entered into an Agreement of Purchase and Sale with Shell Canada conditional upon satisfactory cleanup of the site. The Agreement provides the applicant with limited opportunities for soil testing at present. However, a comprehensive analysis will be undertaken when the existing gas station tenant leaves and gasoline tank removal is initiated.

As part of site plan approval, the applicant shall be required to submit any necessary studies which demonstrate that the site and any abutting city-owned lands or easements can be remediated to accommodate the intended use. The studies will identify any migration of contamination off-site which may require further action by the Ministry of Environment. The reports will be subject to a peer review and a record of site condition will be required prior to issuance of a building permit.

Discussion:

Land Use and Zoning

The property is located on a major arterial road (York Mills Road) and is in a good location on the edge of the Business Park to provide a range of retail and service commercial uses. In principle, the proposal meets the intent of OPA 443 by providing commercial uses along the major arterial road which are supportive of and compatible with the surrounding employment uses of the Business Park. A similar application was approved for increased retail uses in the area on the south side of York Mills Road and limited retail uses are permitted on the north west corner of York Mills Road and Lesmill Road. The amended MO zone will ensure that the technical requirements of the zoning by-law are met to protect and promote the prestige nature of the Business Park.

In keeping with the zoning regulations applicable to other industrial arterial road frontage sites an increased range of retail and service commercial uses is recommended at a maximum density of, the lesser of, 0.5 FSI or 5,000 m².

Urban Design

The intersection of York Mills Road and Lesmill Road serves as the south entrance into the Business Park. Currently there are vacant buildings and under-utilized properties within the immediate area. The proposed development will facilitate the articulation of this important intersection and serve to enhance the general appearance of the area. The proposed setbacks will allow for a street-related building, sufficient landscaping along the street frontages and buffering from abutting properties. Parking and loading facilities will be situated to the rear and side of the proposed building. Landscaping, building facade, parking lot design and loading space configuration will be reviewed in detail at the site planning stage.

Conclusions:

The proposed building having increased retail and service commercial uses meets the general land use principles of OPA 443. The proposed development will serve as an improvement to this important intersection and provide a fitting entrance into Business Park. The new development will provide increased amenities to the businesses within the area. The amended MO(6) zoning will ensure the preservation of the prestige nature of the industrial park.

(A copy of the Schedules referred to in the foregoing report is on file in the office of the City Clerk, North York Civic Centre.)

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The North York Community Council also reports having had before it a communication (September 1, 1998) from Mr. Derek E. Kaye, on behalf of the owners of Don Mills Car Wash, advising of their concerns with the proposed application.

Ms. Linda Kaye, on behalf of the owners of Don Mills Car Wash, appeared before the North York Community Council in connection with the foregoing matter and she outlined her concerns with the application. During her submission she indicated that gasoline station sites are known for soil contamination and possible migration of contaminants onto adjacent sites. Since there is no requirement for an environmental study or a soil investigation report until the site plan approval stage, there is no indication whether the site can be developed for the uses contemplated by the applicant. She accordingly requested that the Community Council consider the soils study prior to any rezoning approval because the ultimate development of this site could have a negative impact on adjacent lands in terms of future redevelopment.