May 7, 1999
To:North York Community Council
From:Rob Dolan
Acting Director, Community Planning, North District
Subject:FINAL REPORT
PARTIAL REMOVAL OF HOLDING (H) SYMBOL
IMPERIAL TOBACCO LIMITED
1857 Leslie Street
UD39-99-01
Ward: 11 - Don Parkway
Purpose:
This is a final report on an application to partially remove a holding (H) symbol, to permit
construction of retail building with a total gross floor area (GFA) of 8,900 mē and a floor
space index (FSI) of 0.29.
Recommendations:
It is recommended that:
(1)this application to partially remove the H symbol be approved and that the zoning be
amended to MC(92)(H) with the following zoning exception:
(a)the maximum gross floor area of retail stores and personal service shops shall be 8,900
mē.
PRIOR TO PASSING OF THE AMENDING BY-LAW
(2)Prior to passing of the amending by-law, the Acting Director of Community Planning,
North District, in consultation with the local Councillors, shall have granted site plan approval
for the full development:
(i)with particular attention to the traffic control of the Scarsdale/York Mills intersection
which ensures that the recommendations of the traffic report and Transportation staff as set
out in Schedule "D" will be carried out, which may include the provision of a signalized
access at Scarsdale Road if feasible and;
(ii)ensure that all of the parking required under By-law 7625 is provided on site based upon
the final mix of commercial uses and;
(iii)to address the quality of the relationship of buildings and parking areas with the
boulevard and provide clear and safe pedestrian network.
Background
The applicant is seeking to develop the lands for retail development. The lands are zoned
Industrial-Commercial MC (H) which permits a wide variety of commercial and industrial
uses, including retail stores and personal service shops up to 0.5 FSI or 5,000 mē GFA,
whichever is lesser. A partial removal of the (H) symbol would be required to permit this
development which exceeds the 5,000mē limit.
The lifting of a (H) or holding provision on a zone allows for Council to permit, in this case,
gross floor area above 5,000 mē provided the criteria set out in the Official Plan for lifting the
(H) are met.
This process does not require a statutory public meeting under the Planning Act, however
notice must be given to the landowner, applicant and any person or public body who has made
a written request to be notified. If Council fails to lift the (H) provision, only the applicant has
the right to appeal to the Ontario Municipal Board. The pertinent criteria for lifting the (H) in
this instance are transportation related.
Pertinent site statistics are set out below:
|
Proposed Development |
Lot size |
30,979.49 mē |
Gross Floor Area |
8,900 mē |
FSI |
0.29 |
Uses |
retail including a food store, restaurant and bank |
Parking Required |
retail - 1 space/ 28mē for first 3,000 mē of gfa
- 1 space/ 15 mē for gfa over 3,000 mē
restaurant - 1 space/9.8 mē for restaurants under 250 mē |
Location and Existing Site:
The property is located on the northeast corner of York Mills Road and Leslie Street. There is
currently a warehouse located there. A previous application made by Tridel for residential
uses on the site (file: UDOZ-97-44) was refused.
Official Plan:
The lands are designated Industrial (IND) which permits a variety of industrial and
commercial uses (Schedule "A").
Part C.8, Section 7.0 of the North York Official Plan sets out Holding Zone Provisions and
states that the (H) may be removed in whole, or in part, to a maximum of 1.0 FSI, subject to
meeting criteria contained in Section 7.1, as follows:
Whole or partial lifting of the (H) will be subject to the following criteria, which the applicant
must satisfy:
- preparing a transportation impact study which demonstrates sufficient transportation
capacity is available to accommodate the additional traffic generated by the
development and that the development will not result in an unacceptable level of
arterial road service. The study may include components relating to background
traffic generation, traffic management measures and a parking demand study; and
- executing an agreement, where applicable, to ensure transportation measures and
parking requirements of the study are fulfilled; and,
- paying all fees or charges, including outstanding taxes and local improvement
charges.
Zoning By-law:
The lands are zoned Industrial-Commercial MC(H) which permits a wide variety of
commercial and industrial uses including retail stores, banks and restaurants (Schedule "B").
Within an MC(H) Zone retail stores and personal service shops shall not exceed the lesser of a
floor space index of 0.5, or a combined total gross floor area (GFA) on a lot of 5,000 mē.
Community Consultation:
A public meeting is not required for this application. A meeting with some neighbouring
residents was held May 6, 1999. The focus of the residents concerns is with the traffic in the
area.
Discussion:
Planning Issues:
(1)Compliance to Official Plan Criteria:
(a)Transportation Criteria:
The Transportation Services Division of the Works and Emergency Services Department
has indicated that they can support the partial lifting of the holding zone provided several
conditions are satisfied including:
a)driveway onto Leslie Street must be redesigned to accommodate large delivery vehicles
and would operate as a right-in/right out access, and
b)a traffic signal feasibility study for the Scarsdale/York Mills intersection to be completed
by the applicant and reviewed prior to final site plan approval, and
c)in the event a traffic signal is not a feasible access alternative, a right-in/right-out access
only will be permitted at this location.
The complete set of conditions is attached as Schedule "D". The execution of a site plan
agreement will ensure transportation measures and parking requirements of the traffic study
and Transportation staff are fulfilled.
(b)Finance Criteria:
Finance Revenue Services Division advises that there are no fees or charges to be paid,
including outstanding taxes and local improvement charges.
(2)Site Plan Approval:
A site plan application is being processed for this property. Site plan approval will be required
prior to the enactment of the by-law to remove the (H) to ensure development of the
transportation improvements.
The site plan approval will also incorporate conditions for a quality relationship between the
proposed buildings and the boulevard. It should achieve a clear and safe pedestrian circulation
within the site, connecting in a direct fashion the retail uses to the public sidewalk. The site
plan proposed by the applicant shown in Schedule "C" will require modifications accordingly.
Conclusions:
The North York Official plan and zoning by-law contain specific holding policies and
regulations which permit an increase in retail space above 5,000 mē or 0.5 FSI, subject to
criteria. As discussed in this report, this application fulfills these criteria and should therefore
be approved. Passing of the by-law to remove the (H) will proceed following site plan
approval and the execution of the site plan agreement.
Contact Name:
Karen Whitney,
North York Civic Centre
Telephone: (416) 395-7109
Fax:(416) 395-7155
E-mail:kwhitney@city_toronto.on.ca
Rob Dolan
Acting Director, Community Planning, North District
Schedules:
Schedule A - Official Plan
Schedule B - Zoning
Schedule C - Site Plan
Schedule D - Transportation comments