July 8, 1999

To:Scarborough Community Council

From:Ted Tyndorf

Director of Community Planning, East District

Subject:PRELIMINARY EVALUATION REPORT #2

Zoning By-Law Amendment Application SZ1999005

Dr. Jarmila Filipko

3717 Sheppard Avenue East

Lot 1, Registered Plan 4396

Tam O'Shanter Community

Scarborough Agincourt

Purpose:

On April 28, 1999, Scarborough Community Council directed planning staff to convene a meeting with the applicant and the owners of the five adjacent single family properties to review the proposal for a temporary dental office at 3717 Sheppard Avenue East and to discuss future land assembly and redevelopment opportunities for this area. This report outlines the results of the meeting and recommends the Zoning By-law Amendment application be scheduled for a Public Meeting.

Recommendations:

That Scarborough Community Council convene a Public Meeting to consider the application, targeted for the fourth quarter of 1999, subject to:

(1)Planning staff continuing discussions over the summer months with the landowners and interested developers regarding future land assembly and redevelopment opportunities for this area.

(2)The planning staff recommendation report for 3717 Sheppard Avenue shall report on the progress of the discussions with the landowners and interested developers.

(3)The applicant submitting a Site Plan Control Application for the proposal.

Background:

The subject lands, as well as the adjacent single family dwellings, are designated High Density Residential in the Official Plan which provides for apartment residential uses up to 60 units per acre. The subject lands are zoned Apartment Residential (A) and Single-Family Residential (S). The Apartment Residential (A) zoning permits one dwelling unit per 99 square metres of lot area. If all six single family lots were combined for redevelopment, a total of approximately 56 dwelling units would be permitted by the current zoning. This translates into a density of 40 units per acre.

Dr. Filipko currently operates a dental office from a commercial plaza located on Birchmount Road, north of Sheppard Avenue. The lease for that space will expire in late 1999 and Dr. Filipko would like to relocate her office within the existing single family dwelling on the subject lands. The applicant proposes a temporary use by-law to allow a dental office within the existing dwelling. The current Official Plan designation is not proposed to be changed. The applicant views the Dental Office as an interim use until the property can be consolidated with adjacent properties in order to develop a residential project consistent with the Official Plan and Zoning By-law.

Under Section 5.4.3.8 of the Scarborough Official Plan, Council may pass a Temporary Use By-law to authorize the temporary use of land, buildings or structures for a purpose that is otherwise prohibited by the Zoning By-law, for a period not exceeding three years. A temporary use which would otherwise not conform to the Official Plan may be permitted by a temporary use By-law in order to allow a use of an existing building until the redevelopment of land for a use permitted by the Official Plan is warranted by future market conditions.

The subject proposal could be permitted by the enactment of a temporary use Zoning By-Law under Section 39 of the Planning Act, which provides for temporary uses to a maximum of three years from the passing of the By-Law. Council may grant extensions of an approval for periods up to three years.

Results of landowners meeting

The meeting with the adjacent landowners was held on June 8, 1999. The applicant, Peter Takis (representing the owners of 3719, 3721, and 3723 Sheppard Avenue), Betty Mortimar (representing the owner of 3725 Sheppard Avenue), and Ella Ng (owner of 2255 Birchmount Avenue), as well as Councillor Doug Mahood attended the meeting.

The meeting was promising because all the landowners indicated their interest in pursuing a joint venture with an experienced residential developer if an offer were made to them as a group. Peter Takis indicated that his company is interested in assembling all six properties. Although his company has no experience in constructing residential apartments, he anticipates a developer would be approached for a partnership to develop the lands.

At the meeting, Dr. Filipko explained that she purchased the property with the intention to relocate her dental practice within the existing dwelling on the subject lands. She plans to renovate the dwelling, improve the landscaping, and provide parking at the rear of the dwelling with vehicular access from Birchmount Road. Peter Takis advised that if Dr. Filipko's proposal proceeds, his company will also be interested in temporary office zoning for their three properties. Mr. and Mrs. Mortimar indicated that they would object to Peter Takis' proposal because it would mean that they would live next door to offices. They prefer all six properties be redeveloped for residential apartments.

Councillor Mahood also expressed his concern with the proposed temporary office zoning. He believes the temporary zoning would impede future redevelopment of the six properties. He indicated that temporary zoning should only be used at the Sheppard/Birchmount location if redevelopment is imminent. For example, if a developer intends to build an apartment building, Dr. Filipko's dwelling can be used as a dental office and perhaps another dwelling can be used for a sales office while the residential project is being reviewed and marketed.

It was agreed that planning staff would approach experienced residential developers to see if they were interested in the subject lands. It was also agreed that a second meeting with the landowners would be arranged to further discuss redevelopment .

Following the first meeting, planning staff sent a letter to four residential developers with background information on the six properties and requesting they consider if a joint venture with the landowners would be feasible. As a result of the letter, planning staff had a meeting with Harald and John Ulrich. John Ulrich developed and currently owns the residential apartments located to the immediate east and south of the six dwellings. The Ulrich's may be interested in acquiring the six properties conditional upon municipal approval of a proposal for an apartment building. They anticipate that the current zoning would have to be amended to make a project feasible and are currently exploring the feasibility of acquiring all six properties.

Both Monarch and Tridel are actively reviewing the feasibility of a project at this location.

The second meeting with the landowners was held on June 29, 1999. Planning staff advised the landowners of the initial positive feedback from the developers. It was agreed that the letter would be sent to another four developers.

Comments:

The Official Plan's High Density Residential designation indicates Council's objective for this site to be redeveloped for high density residential use. The current Official Plan designation and zoning was applied to the subject lands in 1966 when the Tam O'Shanter Community Secondary Plan and Zoning By-law was implemented. However, no proposals to redevelop the subject lands and adjacent single family properties for high density residential uses have been forthcoming.

This application has resulted in positive discussions regarding future land assembly and redevelopment opportunities for this area with the adjacent landowners and potential developers. This momentum needs to continue. Planning staff is recommending discussions continue over the summer months with the landowners and interested developers.

Planning staff are also recommending a Public Meeting be scheduled for the fourth quarter of 1999 to consider the proposed temporary office zoning for 3717 Sheppard Avenue. The staff recommendation report for 3717 Sheppard Avenue will also report on the progress of discussions with the landowners and interested developers regarding land assembly and redevelopment opportunities. Perhaps by the fourth quarter of 1999, redevelopment of the six dwellings will be a possibility as a result of the further discussions over the summer months.

The applicant should submit a Site Plan Control application detailing the proposed site plan alterations to accommodate the proposal.

Contact Name:

Joe Nanos, Acting Senior Planner

Telephone:(416) 396-7037

Facsimile:(416) 396-4265

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

Respectfully submitted,

Ted Tyndorf, MCIP, RPP

Director of Community Planning, East District

JMN