ZONING BY-LAW AMENDMENT APPLICATION - LANDS

ADJOINING ON THE EAST SIDE OF 2015 LAWRENCE AVE. W.

APPLICANT: TEMPLETON-LEPEK LIMITED,

Ward 27, York Humber.

Director, Community Planning, West District

(May 5, 1999)

Purpose:

To consider an application to rezone the subject lands from Prestige Employment (PE) to Commercial Employment (CE).

Funding Sources, Financial Implications and Impact Statement:

City funding is not required. There are no impacts on capital or operating budgets.

Recommendations:

It is recommended that:

(1)the application be approved;

(2)Zoning By-law 1-83 of the former City of York be amended in accordance with the draft Zoning By-law, worded to the satisfaction of the Legal Division, attached as Schedule 1 to this report;

(3)Community Council endorse the establishment of a Site Plan Review Working Group, based upon the membership list and terms of reference attached as Schedule 2 to this report, that will convene upon the submission of a Site Plan Control Application to the City for the subject lands; and

(4)the concerns raised by CN Rail regarding the development of the subject lands be incorporated and address to their satisfaction as part of the Site Plan Approval process, among any other site plan matters.

Background:

Site and Surrounding Area

The 2.3 hectare (5.8 acre) vacant property is located on the south side of Lawrence Avenue West, between the CN-CP Rail corridor and Pine Street (see Appendix 1 - Location Map), and has a frontage on Lawrence Avenue West of 215 metres (705 ft.). The property, more commonly known as the Lawrence Business Park - Phase II lands, is surrounded by the following uses:

North:low density residential neighbourhood (across Lawrence Avenue West);

South:Lawrence Business Park - Phase I, a one-storey industrial/commercial condominium development consisting of three buildings and 74 units.

East:carpet and flooring distribution warehouse (GE Shnier Company);

West:City of Toronto Fire Station and CN-CP Rail corridor.

The subject lands have been vacant for approximately 15 years. In 1989, the lands were subject of a rezoning application proposing Phase II of the Lawrence Business Park development, consisting of two eight storey office towers with retail uses at grade. Due to the collapse of the office market in Toronto in the early 1990's, the owner did not proceed with the application to rezone and the project was never constructed.

Proposal:

The applicant proposes to rezone the subject lands from "Prestige Employment (PE)" to "Commercial Employment (CE)." The applicant has filed the application to provide additional zoning flexibility in order to improve the ability to attract business opportunities and develop the site with a marketable project. The applicant has not submitted development plans at this time, and is agreeable to being bound by the zoning regulations applicable to the CE zone and by requirements arising from the Site Plan Approval process.

Official Plan and Zoning

The site is designated "Employment" in the Official Plan and is located within the Lawrence Employment area as set out by the Weston Secondary Plan. The property is zoned Prestige Employment (PE).

Generally, lands designated "Employment" are intended to provide locations for a wide range of industrial and commercial activities. The policies recognize the need for zoning flexibility in order to allow businesses and property owners to take advantage of economic opportunities and respond to market demands. The policies set out a general description for the following four Employment Zones adopted by the former City of York Council in 1997: Prestige Employment (PE), Basic Employment (BE), Strategic Industrial Employment (SI) and Commercial Employment (CE).

The Official Plan describes the Prestige Employment Zone as providing for a wide range of employment activities, including industrial, office, design centre, business service, recreational and restaurant uses. Retailing is also permitted but is limited to large establishments that would normally not fit in a "traditional" main street shopping area such as those on Eglinton Avenue West or WestonRoad. Limited small-scale retail uses are also permitted only in conjunction with large retail establishments. It is not the intent of the Prestige Employment Zone to permit retail strip plazas which do not contain a large retail "anchor" store.

In keeping with the Official Plan policies, the Prestige Employment Zone permits those uses set out by the Official Plan as noted above. Retailing is restricted to large establishments with gross floor areas greater than 1500 m² (16,146 ft²). As an incidental use, smaller retail stores (up to 1500 m²) are permitted in conjunction with the large retail stores, provided that the total gross floor area of the "smaller" retail stores does not exceed the total gross floor area of the "larger" retail store(s).

The Commercial Employment (CE) Zone is described in the Official Plan as "intended for locations adjacent to major roads where a combination of Prestige Employment and a full range of commercial uses is deemed to be appropriate. Generally, these will be areas in transition from industrial to commercial uses." Accordingly, the CE zone is very similar to the PE zone, except for the following notable differences:

-the CE Zone places no restrictions upon the minimum floor area of retail stores; and

-the CE Zone permits public garages and theatres, in addition to all the uses permitted in the PE Zone.

As well, the CE Zone does not require a side yard setback if the side yard abuts a non-residential zone, whereas the PE Zone requires a minimum side yard setback of 3 metres on at least one side and no side yard setback on the other side where the side yard abuts a non-residential zone.

Preliminary Evaluation Report

A Preliminary Evaluation Report dated January 29, 1999 was approved by Community Council on February 17, 1999. The report provided preliminary comments on the application and recommended that a community information meeting be held and that the application continue to be processed.

Comments:

Agency Comments:

Other than CN Rail, whose rail corridor abuts the subject lands on the west, no comments or objections have been received from other City departments or agencies.

CN Rail submitted their standard guidelines with respect to noise, vibration and safety. These guidelines have no bearing upon the subject application since there is no development proposed at this time. Also, the same guidelines would apply whether they property is redeveloped under the PE or CE zone. CN Rail will have an opportunity to comment upon any Site Plan Approval application that is made for the subject property, at which time the guidelines can be considered in conjunction with a development proposal.

To ensure that CN Rail's requirements are addressed, it is recommended that any concerns raised by CN Rail regarding the development of the subject lands be incorporated and addressed to their satisfaction as part of the Site Plan Approval process, among any other site plan matters.

Neighbourhood Comments:

The City Planning Division received a letter, dated December 8, 1998, from the Weston Business Improvement Area regarding the rezoning application. The letter, attached as Appendix 2 to this report, states their concern regarding the redevelopment of the subject lands for a large format retail store and expresses support for the proposed rezoning.

On April 8, 1999, a Community Information Meeting was held respecting the proposed rezoning application. Notes of the Community Information Meeting are attached as Appendix 3. Seven people attended from the local community. Generally, the participants supported the application as it pertains to eliminating restrictions upon the minimum floor area of retail stores on the subject property. However, they did express concern regarding the Commercial Employment zone in that it permits public garages and theatres. Neither use was considered appropriate since public garage sites are often noisy, unattractive and poorly maintained, and theatres would attract people to the property late into the evening, thereby compounding public safety issues which are currently a concern in the area.

Since development plans were not filed with the application, the neighbourhood participants expressed an interest in the design of any future development that may occur on the subject lands, given its potential impacts upon the local streetscape, public safety, traffic movements and the existing Lawrence Business Park. The local Councillor proposed that a Site Plan Working Group be convened when a Site Plan Approval application is submitted to the City to give local stakeholders input into the site design process. At the Community Information Meeting, the applicant and planning staff agreed with the concept of a Working Group, provided the size of the group is manageable, and provided the number of meetings is limited so that the process is not delayed.

Attached for Community Council's consideration is a draft Terms of Reference for the Working Group, including a list of participants as agreed to at the Community Information Meeting, and a preliminary outline of when the meetings will occur within the Site Plan Approval process.

Evaluation:

The proposed Zoning By-law Amendment conforms with the direction of the former City of York Official Plan Employment policies respecting a flexible approach to zoning for employment areas. Like the current Prestige Employment zoning, the Commercial Employment Zone will continue to allow a broad range of industrial and commercial uses on the property, and will not prevent the redevelopment of the subject lands for a large retail establishment, if such an opportunity were to become available. By providing additional flexibility with respect to the floor area of retail uses, and reduced site yard setback requirements, the Commercial Employment Zone may facilitate the redevelopment of the site.

With respect to public garages and theatre uses, which are permitted by the Commercial Employment Zone, planning staff and the applicant agree with local residents that they are inappropriate uses for the subject lands. The proposed Zoning By-law, attached as Schedule 1, prohibits the use of the property for public garage and theatre uses.

Conclusion:

The proposed Zoning By-law Amendment to rezone the subject lands Commercial Employment is consistent with the policies of the Official Plan. Both the existing Prestige Employment Zone and the Commercial Employment zone permit a broad range of industrial and commercial uses. Approval of the proposed amendment will increase zoning flexibility with respect to the minimum floor area of retail stores and reduced side yard setbacks. In turn, this may facilitate the redevelopment of the site after a considerable period of vacancy, and thereby assist with the revitalization of the Lawrence Business Park.

The Site Plan Working Group proposed for Community Council's endorsement will provide local stakeholders with direct input into the design of any development proposal for the site, and will, ultimately, result in a better development and increased community support.

Staff, therefore, recommend approval of the application and enactment of a Zoning By-law in accordance with the draft Zoning By-law, worded to the satisfaction of the Legal Division, attached as Schedule 1.

Contact Name:

Henry Byres, Senior Planner

York Civic Service Centre

Tel: (416) 394-2618; Fax: (416) 394-2782

Attachments:Schedule 1 - Draft Zoning By-law Amendment

Schedule 2 - Terms of Reference: Site Plan Working Group

Appendix 1 - Location Map

Appendix 2 - Letter from Weston B.I.A.

Appendix 3 - Notes from April 8, 1999 Community

Information Meeting

Schedule 1 - Draft Zoning By-law Amendment

Authority:York Community Council Report No. Clause ,

as adopted by Council on , 1999

Enacted by Council on , 1999

CITY OF TORONTO

BY-LAW No.

Bill No.

To amend former City of York

By-law 1-83

(Re: Lands south side of Lawrence Avenue West,

adjoining the east side of 2015 Lawrence Avenue West )

WHEREAS authority is given to Council by Section 34 of the Planning Act, R.S.O. 1990, c.P.13, as amended, to pass this By-law; and whereas Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act;

The Council of the City of Toronto HEREBY ENACTS as follows:

SECTION 6 - AMENDED

1.That Section 6 of Zoning By-law 1-83, as amended, of the former City of York, be further amended by adding a new Subsection (58) as follows:

"(58) MAP 1

By changing the area shown on District Map 1, consisting of the lands on the south side of Lawrence Avenue West, adjoining the east side of 2015 Lawrence Avenue West, which area is more particularly described in Schedule "A" hereto, from a PE District to a CE District, and by changing District Map 1 accordingly."

SECTION 16 - AMENDED

2.That Section 16 of Zoning By-law 1-83, as amended, of the former City of York, be further amended by adding a new Subsection (387) as follows:

"(387)2015 LAWRENCE AVENUE WEST

Notwithstanding the provisions of Subsections 13.6.1(c) and 13.6.1(d), the lands on the south side of Lawrence Avenue West, adjoining the east side of 2015 Lawrence Avenue West, which lands are more particularly described in Schedule "A" hereto, shall not be used for either public garage or theatre uses."

3.Subject to the provisions of Section 34 of the Planning Act, R.S.O. 1990, c.P.13, this By-law shall come into force and effect on the date of its passing.

ENACTED AND PASSED this day of A.D. 1999.

MAYORCLERK

Schedule "A" to By-lawand to Subsection (58) of Section 6 and Subsection (387) of Section 16 of Zoning By-law 1-83

Schedule 2 - Working Group Terms of Reference

2015 LAWRENCE AVENUE WEST

SITE PLAN WORKING GROUP

TERMS OF REFERENCE

Preamble

2015 Lawrence Avenue West is a 2.3 hectare (5.8 acre) vacant site located on the south side of Lawrence Avenue West, between the CN-CP Rail corridor and Pine Street. The property abuts the Lawrence Business Park industrial condominium complex.

A Community Information Meeting held on April 8, 1999, to consider an application to rezone the subject lands from Prestige Employment to Commercial Employment. At this meeting, local stakeholder expressed concern regarding the design of future development project on the lands. It was decided to make recommendation to Community Council that a Site Plan Working Group, including members of the local community, be established upon the submission of a Site Plan Approval Application for the subject lands. In fairness to the applicant, and in order not to delay the Site Plan Approval process, it was agreed that the Working Group would have a limited number of meetings and a pre-set membership list.

Purpose of the Working Group

To liaise with the developer, planning staff and local Councillors during the site plan review process and participate in resolving site plan issues.

Membership

Membership in the Site Plan Working Group shall be as follows. No additions to the list shall be made without the consent of the applicant, planning staff and the local Councillors.

local Councillors

Planning staff

1 representative from the Weston Ratepayers

1 representative from residential neighbourhood across Lawrence Avenue West from subject lands

1 representative from Weston B.I.A.

1 representative from Police Department

1 representative from the Lawrence Business Park Condominium Board

Structure

Meetings are to be chaired by Planning staff and volunteers will be selected to record minutes.

Working Group meetings will be held:

i) following submission of the application and development plans and

ii)following submission of applicant of final revised plans addressing comments received from the first Working Group meeting and from City Departments and agencies.

Parameters of Meetings

The Working Group is established with the underlying principle that a better development can be achieved through community involvement and exchange of ideas. Therefore, the purpose of the Working Group meetings is to identify site design related issues and work as a group to find appropriate solutions.

Planning staff, in their review of the Site Plan Approval application, will consider all suggestions and recommendations made by the Working Group in conjunction with all other comments received from City Departments and agencies.