Zoning By-Law Amendment Application SZ98003

Bozian Holdings Inc. (Brimell Toyota) 5060 Sheppard Avenue

Marshalling Yard Employment District

Ward 18 - Scarborough Malvern

The Scarborough Community Council, after considering the deputations and based on thefinding of fact, conclusions and recommendations contained in the report, dated September22,1998, from the Director, Community Planning, East District, recommends thatthe report of the Director, Community Planning, East District, be adopted, subject to the following amendments:

(1)Recommendation (A) Zoning By-law, (2) Development Standards:

(a)add the following new Development Standard (c):

"(c)gross floor area of any individual Restaurant shall not exceed 465square metres (5,000 square feet);

and renumber the remaining Development Standards accordingly; so that such recommendations shall now read as follows:

"(2)Add the following Development Standards:

(a)gross floor area of all buildings shall not exceed 0.75 times the area of the lot;

(b)gross floor area of all Retail Stores, Restaurants, Personal Service Shops and Financial Institutions shall not exceed 0.25 times the total built gross floor area, shall be restricted to the ground floor and be located within 120metres (400 feet) of Sheppard Avenue;

(c)gross floor area of any individual Restaurant shall not exceed 465square metres (5,000 square feet);

(d)minimum street yard setback 3 metres (10 feet);

(e)minimum rear yard setback 7.5 metres (25 feet);

(f)minimum side yard setback 3 metres (10 feet);

(g)all uses shall be subject to the minimum parking requirements of the Zoning By-law; and

(h)ground and wall signs which are non-accessory shall be prohibited."

(2)Recommendation (B) Other Matters:

(a)strike out the words "a financially-secured agreement" in the first line of the paragraph and insert in lieu thereof the words "an agreement"; and

(b)add the following to the end of the paragaph:

"In addition, the owner is to submit a Letter of Credit prior to the issuance of a building permit in order to secure the aforementioned transportation improvements.";

so that such recommendation shall now read as follows:

"(B)Other Matters:

Prior to the enactment of the Zoning By-law, the owner is to enter into an agreement which is to be registered on title with the City of Toronto, which requires the owner to make satisfactory arrangements with the Director of Transportation Services, in consultation with the Director of Community Planning, East Office, regarding vehicular access to the site. The agreement shall ensure that the owner provide physical barriers (raised concrete islands) and all necessary pavement markings to ensure that through traffic is prohibited from travelling southbound from the subject site. In addition, the owner is to submit a Letter of Credit prior to the issuance of a building permit in order to secure the aforementioned transportation improvements."

The Scarborough Community Council reports having held a statutory public meeting on October 14, 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 (September 22, 1998) from the Director, Community Planning, East District:

Purpose:

This report presents recommendations to amend the Employment Districts Zoning By-law (Marshalling Yard Employment District), for the lands located on the north side of Sheppard Avenue west of Markham Road, as shown on the adjacent Figure. The proposed Zoning By-law Amendment would delete the Agricultural Zone (AG) and add a Mixed Employment Zone (ME) in order to permit Day Nurseries, Educational and Training Facility Uses, Financial Institutions, Industrial Uses, Offices, Personal Service Shops, Places of Worship, Recreational Uses, Restaurants and Retail Stores.

Recommendations:

It is recommended that City Council:

(A)Zoning By-law:

amend the Employment Districts Zoning By-law Number 24982 (Marshalling Yard Employment District), as amended, with respect to the lands located at 5060 Sheppard Avenue, being Part of Lot 19, Concession 3, 64R-4429, as follows:

(1)that the existing "Agricultural Zone (AG)" be deleted and replaced with a "Mixed Employment Zone (ME)" which permits the following:

-Day Nurseries;

-Educational and Training Facility Uses;

-Financial Institutions;

-Industrial Uses;

-Offices;

-Personal Service Shops;

-Places of Worship;

-Recreational Uses;

-Restaurants; and

-Retail Stores;

(2)add the following development standards:

(a)gross floor area of all buildings shall not exceed 0.75 times the area of the lot;

(b)gross floor area of all Retail Stores, Restaurants, Personal Service Shops and Financial Institutions shall not exceed 0.25 times the total built gross floor area, shall be restricted to the ground floor and be located within 120 metres (400 feet) of Sheppard Avenue;

(c)minimum street yard setback 3 metres (10 feet);

(d)minimum rear yard setback 7.5 metres (25 feet);

(e)minimum side yard setback 3 metres (10 feet);

(f)all uses shall be subject to the minimum parking requirements of the Zoning By-law; and

(g)ground and wall signs which are non-accessory shall be prohibited.

(B)Other Matters:

Prior to the enactment of the Zoning By-law the owner is to enter into a financially secured agreement which is to be registered on title with the City of Toronto, which requires the owner to make satisfactory arrangements with the Director of Transportation Services in consultation with the Director of Community Planning, East Office regarding vehicular access to the site. The agreement shall ensure that the owner provide physical barriers (raised concrete islands) and all necessary pavement markings to ensure that through traffic is prohibited from travelling southbound from the subject site.

(C)Miscellaneous:

Authorize such unsubstantive technical, stylistic or format changes to the Zoning By-law amendment as may be required to properly carry out the intent of this resolution.

Background:

On September 3, 1991, the Council of the former City of Scarborough refused applications for official plan and zoning amendments and for site plan control approval to permit a 4-storey office building with an automobile dealership on the ground floor and basement.

The applicant has advised that it is the owner's intent to build an office building, which could also be used for training facilities with street related ground floor retail and restaurant uses.

The subject property is L-shaped having an area of approximately 1.62 hectares (4 acres) and a frontage of 76.3 metres (250 feet) on Sheppard Avenue. The rear lot line is 137.2 metres (450 feet) in length. The lot is currently vacant, with no significant vegetation.

A conceptual site plan has been submitted in support of this application depicting a 11,458 square metre (123,337 square feet) 3 storey building with 385 parking spaces (Figures 2 and 3). The proposed density is 0.71 times the lot area. Proposed tenancies are not known at this point as the owner is marketing this vacant site.

The lands are designated General Industrial Uses with High Performance Standards permitting all industrial, scientific, technical research and development, training and industrial facilities, offices, recreational uses, manufacturing and warehousing uses and ancillary retail commercial uses. The lands are subject to the Business District Policies of the Official Plan, which require that when considering zoning amendments to permit offices, sufficient road capacity, a reasonable level of public transit and compatibility with neighbouring uses are to be considered. Under these policies, the Office Uses designation applies, thus permitting Commercial Uses (Retail Sales and Services) as a secondary use to offices, as well as business services, social service uses and educational facilities. The Plan also establishes a maximum height of 12 metres (39 feet) for office buildings on lands designated for industrial uses.

An Agricultural Zone (AG) applies to the subject lands which permits Berry Crops, Day Nurseries, Field Crops, Flower Gardening, Grazing of Livestock, Orchards and Tree Crops.

A Preliminary Evaluation Report was before Scarborough Community Council on April 29, 1998 at which time it endorsed the processing of the application subject to Staff convening a Community Information Meeting, the owner submitting a traffic study, the applicant submitting more details on the proposed uses and that the Public Meeting be targeted for the fourth quarter of 1998.

Community Information Meeting

A Community Information Meeting was held on July 6, 1998, attended by one member of the public and the Ward Councillors. The resident which attended the community information meeting indicated his support for the proposal and his desire that the development proceed as quick as possible.

Comments:

(1)The application was circulated to various agencies, none of which have expressed concern. Statutory Public Notice has been provided to all assessed persons within 120 metres (400feet) of the subject property;

(2)Staff in the Preliminary Evaluation Report indicated that the owner was required to prepare a traffic study. However, upon further discussions with Staff of the Works and Emergency Services Department it was determined that the owner would not be required to prepare a traffic study given that sufficient background information exists to properly assess the impacts of this development;

(3)One of the Ward Councillors has requested that the proposed driveway entrance to the site not be aligned with Scunthrope Road to the south. In an effort to encourage motorists to utilize the arterial road network, it is recommended that through traffic be prohibited from travelling southbound from the subject site. Physical barriers and signage are proposed to be used to force motorists to turn left or right onto Sheppard Avenue at the signals. Staff propose that prior to the enactment of the Zoning By-law the owner is to make satisfactory arrangements with the Director of Transportation Services in consultation with the Director of Community Planning, East Office regarding vehicular access to the site; and

(4)In order to control the amount of retail and restaurant uses, Staff propose to restrict the amount of this space to 0.25 times the total built gross floor area and restrict the location of these uses to the ground floor. In addition, it is proposed that these uses be located within 120 metres (400 feet) of Sheppard Avenue.

Conclusions:

The proposed Zoning By-law Amendment is appropriate as it would provide the owner the ability to construct an office building with secondary retail and restaurant uses. Development of this vacant parcel brings an opportunity to enhance both the City's employment and tax bases and to provide for substantial street scape improvements along Sheppard Avenue at this prominent location. I recommend that Scarborough Community Council support the request to amend the Zoning By-law.

Contact Name:

Victor Gottwald, Acting Senior Planner

Community Planning Division

Phone: (416) 396-7023

Fax: (416) 396-4265

E-mail: gottwald@city.scarborough.on.ca

Ms. Elizabeth Howson, Macauley Shiomi Howson Limited, the applicant, appeared before the Community Council in connection with the foregoing matter and expressed support for the staff recommendation, including the proposed amendment.