November 16, 1998

To:North York Community Council

From:Bryan W. Tuckey

Director, Community Planning, North District

Subject:FINAL REPORT

ZONING AMENDMENT APPLICATION

1104894 Ontario Limited

1031 Wilson Avenue

Part of Lot 10, Concession 3, West of Yonge Street

Ward 8 - North York Spadina

UDZ-97-38

Purpose:

The purpose of this report is to recommend a zoning by-law amendment for 1031 Wilson Avenue to permit a broader range of commercial uses. There is no new construction associated with this application.

Recommendation(s):

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

(1)Site specific by-laws 20855, 28388 and the C1(6) zoning of the property be repealed and replaced with a General Commercial Exception Zone, with the following provisions:

(a)Permitted Uses:

All of the uses permitted in a C1 zone are permitted, except:

Undertaking Establishments, Synthetic Dry-Cleaning Establishments, Theatres, Banquet Halls, Clubs, Billiard Parlours, Bowling Alleys, Commercial Bath Houses and Institutional Uses.

(b)Exception Regulations:

(i)Retail Stores shall not include an adult entertainment parlour.

(ii)A Restaurant shall not include pubs, bars and nightclubs.

(iii)A Service Station and a Gasoline Station are permitted provided a minimum east side yard setback of 7.5 metres is provided, subject also to Section 6(21).

(iv)A Motor Vehicle Dealership, a Motor Vehicle Body Repair Shop only as an accessory to a motor vehicle dealership and a Vehicle Dealership shall be permitted. The frontage of the lot used for a motor vehicle dealership shall be a minimum of 22 metres.

Background:

Proposal:

The intent of this application is to amend the existing zoning of the property and provide for a broader range of commercial uses that will allow the applicant future opportunities to enhance the site. At present, no new construction is proposed.

Planning Controls:

Official Plan:

The property is designated as a Sub Centre with a Commercial (COM) designation by the Official Plan. Sub Centres are characterized by a concentration of residential, retail and service commercial and office uses which provide focal points for activity of surrounding residential areas. The proposed land use is in accordance with this objective. No Official Plan amendment is required.

Zoning By-law:

The property is zoned General Commercial Exception Zone (C1(6)) and is also governed by site specific by-laws 20855 and 28388. The site specific by-laws limit the range of uses to a car washing establishment with gasoline pumps only. The C1(6) zoning permits a motor vehicle dealership and a motor vehicle body repair shop as an accessory use to the dealership in addition to the uses permitted by the site specific by-laws. An amendment to the By-law is required to permit additional commercial uses at this location.

The Official Plan designation and zoning of the subject property and surrounding area are shown on schedules AA@ and AB@.

History:

Site specific by-laws 20855 and 28388 were enacted in 1966 and 1982 respectively, to allow the car washing establishment and gasoline pump facility at this location.

Council considered a City wide study in 1993, which addressed the location of motor vehicle dealerships on both commercial and industrial lands outside of residential communities, motor vehicle body repair shops as ancillary uses and, the outside display of motor vehicles. The study did not include a review of repealing the site specific by-laws which governed these properties. The C1(6) zoning was subsequently enacted, permitting a motor vehicle dealership and a motor vehicle body repair shop as an accessory use at 1031 Wilson Avenue, among other locations City wide.

Comments:

No objections were received from any of the departments and agencies circulated. Their comments are attached as schedules AD@, AE@ and AF@.

Community Consultation:

The applicant=s proposal was presented to the community at a meeting held on April 6, 1997, with approximately 20 persons attending. In general, the matters raised by the community included limiting the range of intensive commercial activity adjacent to the single family homes, landscaping, parking and environmental considerations. Notes on the meeting are provided in appendix AA@ of this report.

Following the community meeting, the applicant revised their proposal to exclude certain commercial activities which the residents believed to be inappropriate adjacent to their homes. Staff subsequently circulated a letter to those who attended the community meeting describing the changes made by the applicant. Attached as appendix AB@ is a copy of staff=s letter and the applicant=s request to revise their proposal. The issues raised by the community have been specifically addressed in the following discussion.

Discussion:

Land Use:

The current proposal to allow a broader range of commercial activities at 1031 Wilson Avenue represents an extension of the City wide motor vehicle dealership review already conducted by planning staff. The site is located within a Sub-Centre, which supports the uses permitted in a General Commercial Zone. Additional commercial activity at this location provides future redevelopment opportunities that can contribute to the animation of this particular Sub-Centre.

Planning Controls:

There are uses permitted in a General Commercial Zone which generate traffic levels, parking requirements, hours of operation and environmental impacts that are unsuitable adjacent to residential properties. The range of commercial uses should be limited in the amending by-law to ensure new activity at this location remains sensitive to and compatible with adjacent land uses. The commercial uses to be excluded are listed in the recommendation section of this report. As well, performance standards from previous rezoning applications will be maintained in the amending by-law, including a service station or a gasoline station providing a minimum east side yard setback of 7.5 metres.

At present, the owner intends that the lands continue to be used as a car washing establishment and gas pump facility. Any new construction at this location will be subject to the current commercial zoning standards which include increased setback requirements for commercial buildings adjacent to a residential zone. In addition, Site Plan Approval is required for new construction. This process includes a review of the design and location of a building, landscaping and the overall parking layout to ensure a compatible relationship to abutting properties, a pedestrian scale and a pleasing streetscape environment are achieved.

Residents at the community meeting wanted assurances as to the type of activities which would be allowed should the property be given a General Commercial Zone. The amending by-law will allow the applicant development potential while providing certainty for the surrounding community by excluding intensive commercial activities at this location. Further, the site plan process required for new construction provides the opportunity to ensure a compatible relationship to abutting properties is maintained.

Conclusions:

By expanding the uses in the existing C1(6) zone and the site specific By-laws, the commercial and retail uses permitted at this location will contribute to a multi-use sub-centre which serves as a focal point of activity for the surrounding residential area as envisaged by the Official Plan.

Contact Name:

Anthony Rossi

Telephone: (416) 395-7114Fax: 395-7155

Bryan W. Tuckey

Director, Community Planning, North District

Schedules:

A. Official Plan designations.

B. Zoning By-law categories.

C. Site Plan.

D. Transportation comments.

E. Public Works comments.

F. Parks and Recreation comments.

Appendix AA@ - Notes of Community Consultation Meeting.

Appendix AB@ - Revised Proposal Request and Community Letter.