March 4, 1999
To:Chair and Members, Etobicoke Community Council
From:Karen V. Bricker, MCIP, Director, Community Planning, West District
Subject:5555 Eglinton Avenue West (Markland-Centennial)
Purpose:
To respond to Etobicoke Community Council's request for a report on the status of the Commercial Plaza at 5555 Eglinton
Avenue West.
Financial Implications:
None.
Recommendation:
That this report be received for information.
Background:
On January 20, 1999, Etobicoke Community Council referred two communications from Mrs. B. Lamb to staff for a report
with respect to:
1)all of the questions raised by Mrs. Lamb;
2)when and why the status of the subject plaza changed; and,
3)the definition of entertainment facility as contained in the Etobicoke Zoning Code.
Comments:
Site Location and Description:
Location :South Side of Eglinton Avenue West, east of Rakely Crescent, (see Exhibit No. 1).
Current Land Uses:Three free-standing buildings have been constructed on the site, including a bowling alley, a
two-storey commercial/office building and a separate one-storey commercial building.
Size:3.86 ha. (9.5 ac)
Official Plan Designation:Industrial
Zoning Code Designation:I.C1 special (allows commercial land uses - see chronology below)
Surrounding Land Uses:to the north - vacant and industrial
to the south -vacant and industrial
to the east -vacant
to the west -vacant (proposed place-of-worship)
Chronology of the Planning History of the Site
A chronology of the history of the various planning applications for the site is attached as Exhibit No. 2 to this report. In
summary, the major changes to the planning history of the site occurred in April of 1987, when Etobicoke Council passed a
Zoning Code Amendment to rezone the property from Class 1 Industrial (I.C1) to a special I.C1 zone. The site specific
zoning which applies to the lands permits all I.C1 uses; most of the commercial uses permitted in the Limited Commercial
(CL) zone; retail warehouses; and, business and professional offices. The Limited Commercial (CL) zone permits a variety
of commercial land uses including: retail stores, theatres, bowling alleys, social clubs, amusement devices, game
establishments, convenience restaurants, take-out restaurants and standard restaurants. The by-law amendment established
parking standards for commercial, industrial, medical and restaurant land uses.
Parking and Traffic Issues
The Transportation Section of the Works and Emergency Services Department note that the site currently provides more
parking spaces than are required under the Zoning Code. They are not aware of any parking problems for the site.
They also note that they are not aware of any traffic problems arising from the site.
"Status" of the Plaza
Mrs. B. Lamb's letters to the Etobicoke Community Council, dated January 7, 1999 and January 20, 1999 are attached as
Exhibit No. 3 and Exhibit No. 4 to this report. In her letter of January 20, 1999, Mrs. B. Lamb submitted that the site plan
application by Besta Corporation in 1995, "changed the status of this Plaza".
The Ontario Planning Act establishes various tools such as zoning by-laws and site plan control to allow municipalities to
control the use and development of land. The Planning Act states that only zoning by-laws can be used to control land use.
Site plan control is primarily used to control the locations of permitted uses and site grading, drainage, and site design. Site
plan control cannot be used to control land uses, or the density, height or massing of buildings. Any property owner can
apply for site plan approval for any land uses that are permitted by the Zoning Code. The City is obligated to approve the
site plan, provided that the site design is satisfactory.
As was previously noted, in 1987, Etobicoke Council granted a rezoning for the lands at 5555 Eglinton Avenue West which
established the permitted land uses on the property. Since that time, the owners of the site have applied to the Committee of
Adjustment for variances to the Zoning Code. In most cases, the variances were for changes in the size restrictions of land
uses which are already permitted in the CL and I.C1 zoning on the site. The only exception to the above, was the variance
for a 14 bay automobile service garage, which has not been constructed by the owners.
The 1987 rezoning permits the lands to be used for all of the uses currently on the site including: retail stores; business
offices; bowling alleys; restaurants; social clubs and amusement arcades. The minor variances granted by the Committee of
Adjustment have only modified the permitted land uses by varying the size of licenced restaurants, the number of
amusement devices allowed and the number of pool tables in a restaurant.
The Site Plan application in 1995, only revised the size and location of buildings permitted under the zoning code as
amended by the minor variances to permit the construction of a bowling alley and to revise the eastern-most access way to
the site.
It is staff's view that these variances have not changed the nature and intent of the original zoning granted in 1987 for a
commercial plaza. Thus the "status" of the plaza was not changed by the site plan control applications or via the Committee
of Adjustment applications.
Definition of Entertainment Facility
The Etobicoke Zoning Code establishes the following definition of an "Entertainment Facility":
"A commercial establishment which is either self-contained or is a specific area within a standard restaurant, whose
primary function involves a stage or specified performance area where live entertainment is provided for patrons in a
designated seating area, but does not include dance facilities primarily for patrons. Food and liquor may be served to
patrons in a designated seating area."
Entertainment Facilities are a permitted use in all industrial zones.
This definition of Entertainment Facilities was introduced as part of a recent study on land use policies and development
standards for restaurants in industrial zones. The study examined the negative impacts of extremely large facilities and
after-hour clubs. In order to address these concerns, new definitions for: Banquet Halls, Entertainment Facilities, Full
Commercial Kitchens and Nightclubs were introduced into the Zoning Code.
Introducing definitions for Banquet Halls and Entertainment Facilities in the Zoning Code allowed staff to identify
appropriate Zoning Categories, parking requirements, separation distances from residentially zoned lands and floor space
restrictions on the portion of buildings devoted to entertainment purposes.
In addition, Supplementary regulations were introduced to govern Nightclubs, including identifying "districts" in Etobicoke
where such uses would be permitted. Nightclubs are not permitted on the lands at 5555 Eglinton Avenue West. The areas
where Nightclubs are permitted in Etobicoke are shown on the map attached as Exhibit 5 to this report. Nightclubs are also
permitted on a site specific basis at 41 Constellation Court.
Conclusion:
The Class 1 Industrial (I.C1) zone permits a variety of non-manufacturing land uses as-of-right, including: restaurants;
banquet halls; automotive service stations; places-of-worship; flea markets; business offices; and commercial/recreational
facilities such as cinemas, bowling alleys, social clubs and amusement arcades.
All of the existing uses of the lands at 5555 Eglinton Avenue West are permitted by the general I.C1 zone, with the
exception of retail-commercial stores. Retail-commercial stores have been permitted on the site since the rezoning of the
lands in 1987.
Much of the existing plaza is currently vacant. The various Committee of Adjustment decisions over the years have
permitted the plaza to be tenanted, with little impact on adjacent property owners. Vacant commercial properties are taxed
at the residential mill rate. Occupied commercial properties provide a higher tax base to the City.
This report should be received for information.
Contact Name:
David Oikawa, RPPTel:(416) 394-8219
Manager of Community Planning, West DistrictFax:(416) 394-6063
Karen V. Bricker, MCIP
Director, Community Planning
West District
/do
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Exhibit 2
Chronology of the Planning History of the Site
| July 1986 |
The owners of the property at 5555 Eglinton Avenue West applied for a Zoning Code Amendment to
permit the construction of a retail plaza with offices. |
| April 1987 |
Etobicoke Council passed a Zoning Code Amendment to rezone the property from Class 1 Industrial
(I.C1) to a special I.C1 zone which includes all I.C1 uses; most of the commercial uses permitted in the
Limited Commercial (CL) zone; retail warehouses; and, business and professional offices. The Limited
Commercial (CL) zone permits a variety of commercial land uses including: retail stores, theatres,
bowling alleys, social clubs, amusement devices, game establishments, convenience restaurants, take-out
restaurants and standard restaurants. The by-law amendment established parking standards for
commercial, industrial, medical and restaurant land uses. |
| Sept. 1987 |
The owners of the property applied for site plan approval to construct a 2 storey commercial plaza. Site
Plan Approval was granted in March 1988. |
| June 1989 |
The owners of the plaza applied for a site plan amendment due a re-orientation of buildings on the site
and revised site access points due to the re-location of Satellite Drive in the City of Mississauga. Site Plan
approval for the revised site plan was granted on June 26, 1989. |
| Oct. 1990 |
Committee of Adjustment approval for a licenced restaurant of 102.1 m2 instead of the minimum size of
112 m2 as established in the zoning code. |
| Sept. 1991 |
Committee of Adjustment approval for a 14 bay automotive service centre (has not been constructed.) |
| Sept. 1995 |
The owners of the plaza applied for a site plan amendment to allow for the construction of a bowling alley
which is a permitted land use under the zoning code for the site. Other minor changes, such as a reduction
in the size of another building on the site and the relocation of the eastern most access driveway were also
made. Site Plan approval for the revised site plan was granted on May 3, 1996. |
| Oct. 1995 |
Committee of Adjustment approval to permit the establishment of a Laser Quest computer game
establishment and a video arcade within a permitted bowling alley. |
| July 1996 |
Committee of Adjustment application to expand the size of the Laser Quest computer game establishment
was refused. |
| Oct. 1996 |
Committee of Adjustment approval to relocate the Laser Quest computer game establishment to a
different building on the site. |
| Nov. 1997 |
Committee of Adjustment approval to allow for a licenced restaurant with a floor area of 95 m2 instead of
the minimum floor area of 112 m2 as established by the Zoning Code. |
| Jan. 1999 |
Committee of Adjustment approval to permit a total of 7 pool tables in a restaurant instead of a maximum
of 2 pool tables as established by the Zoning Code. |
