Zoning By-law Amendment Application Z97059

1960 Eglinton Developments Ltd. and

New Fin Land Development Co. Ltd.

1960 Eglinton Avenue East

Golden Mile Employment District

Ward 14 - Scarborough Wexford

The Scarborough Community Council, after considering the deputations and based on the finding of fact, conclusions and recommendations contained in the report, dated February 8, 1999, from the Director of Community Planning, East District, recommends that the report of the Director of Community Planning, East District, be adopted.

The Scarborough Community Council reports having held a statutory public meeting on March 30, 1999, in accordance with Section 17 and Section 34 of the Planning Act, and that appropriate notice of this meeting was given in accordance with the Planning Act and the regulations thereunder.

The Scarborough Community Council submits the following report (February 8, 1999) from the Director of Community Planning, East District:

Purpose:

This report recommends approval of an application to rezone the lands at the northeast corner of Eglinton and Warden Avenues to permit the development of up to 13,200 square metres (142,000square feet) of commercial space.

Recommendations:

It is recommended that City Council:

(1)amend the Employment Districts Zoning By-Law No. 24982, as amended, with respect to the Golden Mile Employment District, for the lands located at the northeast corner of Eglinton and Warden Avenues, being Part of Lots 3 and 4, Registered Plan 4087, known municipally as 1960 Eglinton Avenue, to delete the existing Industrial Zone (M) and General Industrial Zone (MG) zoning, replacing it with a Mixed Employment Zone (ME) with the following specific provisions:

(1)Permitted Uses:

1.1Mixed Employment Zone (ME);

1.2the following additional uses are permitted:

(a)Hotels;

(b)Places of Entertainment;

(c)Games Arcades;

(d)Service Shops;

(e)Vehicle Service Garages ancillary to Retail Stores;

(f)Open Storage ancillary to Retail Stores;

(2)Performance Standards:

2.1the gross floor area of all buildings shall not exceed 0.45 times the area of the lot;

2.2the gross floor area of all Retail Stores, Financial Institutions, Personal Service Shops, Service Shops, Restaurants and Places of Entertainment shall not exceed 13,200 square metres (142,000 square feet);

2.3the gross floor area of all or any parts of any Retail Store dedicated to the saleoffood shall not exceed a cumulative total of 700 square metres (7,500squarefeet);

2.4minimum building setback from all lot lines 3 metres (10 feet);

2.5open storage and display of goods, in conjunction with a Retail Store, shall be permitted within 30 metres (100 feet) of a main wall;

2.6the provisions of this By-Law shall apply collectively to this land, notwithstanding its future division into two or more parcels of land; and

(2)authorize such unsubstantive, stylistic or format changes to the Zoning By-Law as may be necessary to give effect to this resolution.

Background:

The subject lands have an area of 9.4 hectares (23.2 acres). The western portion of the lands was developed with an industrial building comprising 26,200 square metres (282,000 square feet) of space. This building is presently utilized as the head office, warehousing and distribution facilities for Drug Trading Company Ltd. Surrounding uses include a mix of retail, service, office, educational and industrial land uses.

The application is seeking to delete the existing industrial zoning of these lands and replace it with a Mixed Employment Zone (ME), permitting a wide range of commercial uses, such as retail stores, restaurants, banks and places of entertainment, as well as industrial uses, training facilities and offices. The proposed By-Law Amendment would permit a total of 42,300 square metres (455,000square feet) of space on the lands, with the commercial uses being capped at the requested 13,200 square metres (142,000 square feet).

Scarborough Community Council is familiar with land use change in the Golden Mile Employment District through past consideration of the Land Use Review and the numerous associated development applications. This proposal is consistent with Official Plan Amendment No. 965 which implemented a Special District Commercial designation on properties fronting on Eglinton and Warden Avenues in the Golden Mile. The range of proposed land uses is also consistent with zoning permissions granted to other applicants under this designation.

A Preliminary Evaluation Report regarding this proposal was considered by Scarborough Community Council on February 18, 1998. Since that time, the property was sold by Drug Trading Company to the present owner and the abutting vacant lands to the east fronting on Ashtonbee Road have been added to the proposal. The applicant has also refined the specifics of the proposed By-Law Amendment as described above.

A Traffic Impact Study for the revised proposal has been reviewed and approved by Transportation Planning and Works and Emergency Services Department staff. The Transportation System Improvement (TSI) Charge, which is applied to all applicants in the Golden Mile seeking to develop new commercial uses provided for by OPA 965, is applicable to this proposal. The owner has agreed to enter into an agreement with the City to pay the appropriate charge, or provide equivalent improvements, prior to the Bill implementing the above resolution being forwarded to Council.

The Ontario Municipal Board recently released a Decision with respect to the appeal by Loblaws Properties Ltd. regarding the issue of large scale food retailing in the Golden Mile. The Board agreed with the position taken by the City that there is no Planning rationale for limiting the extent of food retailing in the Official Plan and dismissed the appeal on this final portion of OPA 965. As a result, the City is now in a position to approve rezoning applications seeking food store uses. However, the owner presently has no plans for a food store on the subject lands and has requested that the By-Law restrict food store uses to a maximum of 700 square metres (7,500 square feet) per retail store, consistent with other properties in the area.

As illustrated on Figure 2, a preliminary concept plan for the development indicates the proposed commercial space would be developed on the vacant eastern portion of the lands, primarily in one large retail building adjacent to Ashtonbee Road. The existing industrial building abutting Warden Avenue, presently occupied by the Drug Trading Company, would remain.

Scarborough Community Council requested that the applicant submit a formal Site Plan Control application for consideration at the same time as this By-Law Amendment. The applicant has not done so, citing the prematurity of a formal application until such time as specific tenants for the commercial space have been finalized. The applicant advises that negotiations with potential tenants are on-going, and has submitted the preliminary concept plan for the information of Community Council.

Conclusion:

The recommended rezoning is consistent with the Official Plan and implements the City's vision for the rejuvenation of the Golden Mile - being the redevelopment of the Eglinton and Warden Avenue frontages with a wide range of commercial activities. It would also result in land uses on the property which are consistent with abutting lands and would enhance the fundamental function of the Golden Mile as an area that creates jobs and generates tax revenues that support services for City residents.

Contact Name:

Neil Cresswell, MCIP, RPP

Manager, Community Planning Division

Phone: (416) 396-4927

Fax: (416) 396-4265

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

The Scarborough Community Council reports, for the information of City Council, having received the following communication (March 5, 1999) from S.A. Armstrong Limited:

We have reviewed the proposed change to zoning on the captioned lands and S.A. Armstrong Limited has a number of concerns which do not seem to be addressed in the amendments. It should be noted that S.A. Armstrong Limited is located on the shared and opposite side of Ashtonbee Road.

1.Permitted Uses - The open and unspecified commercial uses for the lands is of great concern to Armstrong. Ten years ago, Armstrong moved from an industrial area which had become eroded with commercial uses to Scarborough for the purposes of being in an industrial zone. We are now being asked to consider further erosion of the current industrial zone. The Roller Rink, and now Bowling Lanes, across from our property at Bertrand Avenue, as you know, has created problems for both industrial and residential users alike. Approval on the captioned site should be granted only for specific use after full study into the impact and appropriateness of such use has been conducted. Clearly, uses such as a games arcade and service station would be inappropriate from our point of view.

2.Road Access - We are further concerned about the road access to the site which shows ingress and egress at two new places on Ashtonbee which would compete and could be potentially dangerous when combined with our current and future industrial trucking use. Ashtonbee is already inappropriately used for community college parking. This not only creates congestion but potentially dangerous ingress and egress.

3.Performance Standards - The performance standards are difficult to interpret without some clearer idea of use. However, the setback provisions are totally inadequate and the open display of goods and outside storage of goods as a retail use on the industrial boulevard is totally inappropriate.

4.Application to the Entire Property - The amendment is written so as to apply to the entire property even though the use for commercial is to be limited. This form of mixed planning is not consistent with the official plan and leaves the way open for total commercial use of the lands in the future.

In summary, Armstrong is concerned with the continued industrial character of this area and its appropriateness of compatible uses. With the scant information available on this proposal and its impact, particularly in the abutting industrial zone, Armstrong would like to make its objections and concerns known. Further, we wish to be advised and notified of any further processing of this application as we intend to participate fully in the discussion until our issues and concerns have been aired and hopefully addressed.

Mr. Phillip Wong, representing 1960 Eglinton Developments Limited, appeared before the Community Council and expressed support for the staff recommendation.