ZONING BY-LAW AMENDMENT APPLICATION FOR

LANDS ON THE WEST SIDE OF WESTON ROAD BETWEEN

BUTTONWOOD AVENUE AND DORA SPENCER ROAD

R. KOWALCZYK FOR B.G. SCHICKEDANZ CENTRAL INC.

Ward: 27 - York Humber

Director, Community Planning, West District

(June 10, 1999)

Purpose:

To consider a proposal to amend Zoning By-law 1-83 to change the zoning from R3-Residential Zone to LCR-Local Commercial/Residential Zone to permit a one-storey, 1,169 m² commercial development consisting of two buildings.

Funding Sources, Financial Implications, and Impact Statement:

None.

Recommendations:

It is recommended that:

The application by B.G. Shickedanz Central Inc. be approved and the Zoning By-law 1-83 for the former City of York be amended generally in accordance with the draft Zoning By-law attached as Schedule 1 to this report and worded to the satisfaction of the City Solicitor, subject to a Public Meeting to obtain the views of interested parties.

Background:

The vacant site is located on the west side of Weston Road between Buttonwood Avenue and DoraSpencer Road with a frontage of 83 metres (272 feet) along Weston Road and an area of 3,278m² (35,285 ft²) (See Appendix 1 - Location Map). It is part of the Riverboat Landing development at 1400 Weston Road.

The surrounding land uses are:

North:A mixed use residential and commercial development site at 1400 Weston Road (Riverboat Landing), now under construction

East:Commercial and industrial uses on the east side of Weston Road

South:A three-storey apartment building and a commercial use south of Buttonwood Avenue

West:Detached two-storey houses

Proposal:

The applicant has applied for a rezoning to allow a commercial development on the site. It consists of two single storey buildings fronting on Weston Road with parking at the rear (See Appendix 2 - Site Plan and Appendix 3 - Elevations). The proposed larger building will consist of four retail units and the proposed smaller building will be a single retail unit. Vehicular access will be from WestonRoad into the parking lot at the west (back) side of the site. Pedestrians will gain access to the shops from Weston Road and the parking lot.

A summary of the site statistics is as follows:

Lot Area3,278 m²35,285 ft²

Retail Area 1 800 m² 8,611 ft²

Retail Area 2 369 m² 3,972 ft²

Total Retail Area1,169 m²12,583 ft²

Parking Spaces 38

Density 0.36

Comment:

Official Plan and Zoning By-law:

The Official Plan places the site in a Medium Density Residential Area. The allowed uses are multiple unit forms of housing, rooming boarding and lodging houses, crisis care facilities, schools, places of worship, day-care centres, private clubs, limited office uses, and minor commercial uses, providing a convenience to the local population and limited accordingly in size and orientation. The size and density of the two proposed retail buildings are small and the uses are oriented to an arterial road. The proposed development meets the policies of the Official Plan.

The site is in an R3 zone that allows a number of residential uses including: single, semi-detached and duplex houses, townhouses, schools, places of worship, day nurseries, group homes, but does not permit retail uses. A rezoning is required in order to allow the proposed use.

Land Use and Site Considerations:

a)Commercial Uses in a Residential Area

While the site is zoned R3, it is located on Weston Road, a major arterial, and is oriented to this main street. The proposed commercial use will not impact on the low density residential uses on Buttonwood or Laxis Avenues, as it will have a fence and the parking lot to buffer the two uses. The residents and local businesses support the use. The proposed use is appropriate in this instance.

b)Local Commercial/Residential Zone

Planning staff are recommending that the zoning be changed to a Local Commercial/Residential Zone that allows townhouses, apartment houses, nursing homes, retail stores, offices, restaurants, recreational uses, theatres, public garages and institutional uses. This will allow the developer some flexibility in attracting tenants and in redeveloping the site. The current proposal meets the regulations and use requirements for this zone with respect to height, density, setbacks, and the proposed retail uses.

The Local Commercial/Residential Zone designation is the most appropriate in this instance. The draft Zoning By-law, attached, changes the site to an LCR zone and exempts it from the current by-law provision that the access must be from Buttonwood, a flanking street, which will no longer have direct access to Weston Road.

c)Site Plan Issues

Some of the issues raised by the public, as discussed below, with respect to design, safety and access will be addressed at site plan approval stage. Landscaping, lighting and fencing will be reviewed to maximize safety and create appropriate buffers and green areas on the site. An application for Site Plan Approval has not been received as yet.

Agency/Department Circulation:

The Works and Emergency Services Department requests the following: all vehicular traffic be from Weston Road; a stormwater management report be submitted at Site Plan Approval stage; and, that the garbage area is to be enclosed. The Weston Road access is required to have a 7 metre width with a 5 metre northerly curb radius and 7.5 metre southerly curb radius and a throat length of 6 metres. Trees and decorative banding are also required along the Weston Road right of way. These matters will be resolved at site plan approval stage.

The Buildings Section indicated that the proposal would meet the LCR requirements except for access from a flanking street and sideyard setback. The latter has been re-examined and the side yard setbacks do comply, as the site is not adjacent to an R1 or R2 District.

The Fire Prevention Section has no comments to submit.

By-law enforcement has an active file on a fence matter.

Community Meeting:

A Community Information Meeting was held in order to inform local residents and businesses of the proposed change, and receive their opinions on the development of the two commercial buildings. The Weston Business Association supported the proposed development of the lands for commercial purposes. The Black Creek Business Area Association endorses the proposal but required clarification on whether this development was in lieu of the commercial development on the larger piece of property at 1400 Weston Road. Planning staff confirmed that this was a totally separate proposal.

One resident was concerned that the change of use would allow private clubs and places of worship. Planning staff clarified that although the existing zoning would permit places of worship but not private clubs, the proposed LCR zoning does not permit these uses. A larger development for the site was contemplated, as this is a main street area; however, the applicant considered the cost of underground parking and the size of the lot and determined that this type of development would be too expensive to build.

The Buttonwood Avenue access to Weston Road will be closed and reconstructed as a cul-de-sac in the near future, as this is currently an unsafe intersection. A bus route has recently been added to Buttonwood Avenue and there is concern that the closing will affect the bus route. Staff is researching the impact of the closing with respect to the continuation of the existing bus service, however the closing does not have any impact on the and is not an impediment to the construction of the commercial buildings on the lands.

Safety issues were discussed. The project was circulated to the Toronto Police Department who reviews development proposals for safety concerns. In addition Urban Design staff has reviewed the plans and no issues were raised. The lighting, signage, landscaping and other details will again be reviewed for safety at the Site Plan Approval stage.

Conclusion:

It is recommended that the application and Zoning By-law Amendment be approved, in accordance with the draft Zoning By-law attached as Schedule 1, subject to the holding of a Planning Act Public Meeting.

Contact Name:

Wendy Johncox, MCIP, RPP

Senior Planner

Tel: (416) 394-2868Fax: (416) 394-2782

Appendices:

Appendix 1 - Location Map

Appendix 2 - Site Plan

Appendix 3 - Elevations

Schedule 1 - Draft Zoning By-law

Schedule 1: Draft Zoning By-law

Authority:York Community Council Report No.________, Clause No.____________ as adopted by Council on __________________

Enacted by Council:

CITY OF TORONTO

Bill No.

BY-LAW NO.

TO AMEND former City of York

By-law Number 1-83

___________________________

(Re: Lands-West side of Weston Road between Dora Spencer Road

and Buttonwood Avenue)

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 (61) as follows:

"(61)MAP 22

By changing the area shown on District Map 22, known as Lands- on the west side of Weston Road between Dora Spencer Road and Buttonwood Avenue and more particularly described in Schedule "A" hereto, from a R3-Residential Zone District to an LCR-Local Commercial/Residential Zone District and by changing District Map 22 accordingly."

2.That Section 16 of Zoning By-law Number 1-83, as amended, of the former City of York, be and the same is hereby further amended by adding a new Subsection (391) as follows:

"(391) LANDS - WEST SIDE OF WESTON ROAD FROM DORA SPENCER DRIVE TO BUTTONWOOD AVENUE"

Notwithstanding the provisions of Subsection 11.3.1(7) of this By-law, the lands described in Schedule "A", may be used for the purpose of erecting and using buildings for any use permitted in Section 11 of this By-law.

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 , 1999.

_______________________________________________________

MAYORCITY CLERK

Schedule "A" to By-law Number

Part of Lot 5 , Registered Plan 652, City of Toronto (formerly City of York, in the Municipality of Metropolitan Toronto) being composed of Parts 1 and 2 inclusive on Reference Plan of Survey No. 66R-16353 deposited in the Land Titles Division of Toronto(No.66)