Zoning By-Law Amendment Application SZ98032

Ontario Hydro, Part of Lot 32, Concession 2

Ward 14 - Scarborough Wexford

The Scarborough Community Council recommends the adoption of the following report (October 30, 1998) from the Director of Community Planning, East District:

Purpose:

The subject lands were rezoned in July of this year from Public Utilities (PU) to Mixed Employment (ME), with a Holding Provision (H) applied to prohibit restaurants, take-out restaurants and financial institutions. The current application now seeks to have the Holding Provision lifted from the zoning of the property.

Recommendations:

It is recommended that City Council:

(A)amend the Employment Districts Zoning By-law No. 24982 (Ellesmere) to remove the Holding Provision (H) from the Mixed Employment (ME) zoning of the property; and

(B)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:

Council on July 31, 1998 approved applications for Official Plan and Zoning By-law amendments to delete the previous Ontario Hydro designation and Public Utilities (PU) zoning applying to these former Ontario Hydro Corridor lands, to enable their redevelopment with a variety commercial, business and employment generating uses. There were no appeals and the amendments are now in effect. Council also applied Site Plan Control to the property, and the City is now in receipt of a Site Plan Control Application S98084 providing for approximately 7900 square metres (85,000 square feet) of development overall on this site.

In rezoning the property, Council had concerns with the site access and on-site vehicle circulation patterns among the uses that are proposed to be created on separate parcels through consent to sever (File B97055). These concerns extended to the adjacent Shell Canada lands at 1575 Warden Avenue, which is also undergoing redevelopment, due to agreement between the parties for shared access arrangements between the properties.

The Holding Provision (H) was applied to prevent the higher traffic volumes associated with restaurants, take-out restaurants and financial institutions until suitable arrangements had been made between the City and the owners for various easements and appropriate site planning on both sites to accommodate such vehicle flows to and from Warden Avenue.

Comments:

The owner has now submitted Site Plan Control application S98084 providing for the development of two commercial buildings at the front of the site and the industrial use to the rear, and has also amended their Consent application B97055 to provide for adjusted easements for mutual access and parking, as shown on Figures 2 and 3. The site plan includes an island restricting vehicles exiting the site to only northbound turns onto Warden, as required by the Works and Emergency Services Department. A Site Plan Control application is nearing finalization for the Shell Canada lands which provides for an access easement in favour of the subject lands, for which the parties have already entered an Easement Agreement. In order to establish the easement for more than 21 years, Shell Canada has also recently filed Consent application B98079. It is reasonable that both consent applications now be processed and concluded concurrently.

The applicant advises that a lifting of the Holding Zone (H) provision at this time will facilitate completion of a land transaction for the Hydro lands involving North American Acquisition Corp. (CentreCorp), the proposed restaurants (Harvey's and Country Style Donuts), and the proposed industrial operator (Meal Makers Ltd.) for which December 15, 1998 is the closing date.

Approval of the consent applications may occur prior to the Scarborough Community Council meeting, such that the appeal period will expire prior to Council's consideration of the by-law to lift the Holding Provision. Should there be an appeal on the consent approvals, Council may elect not to enact the amending by-law. It should be reiterated that failure to lift the Holding Provision at this time will jeopardize the current transaction involiving the subject lands, with attendant business loss and assessment implications for the City.

Conclusion:

Notwithstanding these business arrangements of the parties, staff are confident that the access proposals now provided for in the respective site plan and consent applications will adequately accommodate the vehicle generation and movements associated with the uses now prohibited under the Holding Provision. Recognizing Council's intent when the Holding Provision was first applied, staff believe the access arrangements are now acceptable and can be finalized through the pending Site Plan and Consent approvals. Planning staff are therefore prepared to recommend that the restriction be lifted to now permit restaurants, take-out restaurants and financial institutions. A By-law in this regard is available for this agenda.

Contact Name:

Rod Hines, MCIP, RPP

Scarborough Civic Centre

Telephone: (416) 396-7020

Fax: (416) 396-4265

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