Partial Removal of Holding (H) Symbol - Imperial Tobacco Limited
- 1857 Leslie Street (UD39-99-01) - Don Parkway
The North York Community Council recommends that the following report (May 7, 1999) from the Acting Director, Community Planning, North District, be adopted and the application submitted by Imperial Tobacco Limited, to partially remove the holding (H) symbol be approved, subject to the conditions contained in the referenced report and subject to the following:
(1) if the traffic signals at the intersection of York Mills Road and Scarsdale Road are not warranted, that only a right-in/right-out access be permitted at the York Mills entrance to the development; and
(2) that cars be prohibited from entering Scarsdale Road from 1857 Leslie Street (Imperial Tobacco Limited site).
The North York Community Council submits the following report (May 7, 1999) from the Acting Director, Community Planning, North District:
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.
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; and
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;
(ii) ensure that all of the parking required under By-law No. 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.
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:
Gross Floor Area
retail including a food store, restaurant and bank
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.
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:
(a) 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
(b) executing an agreement, where applicable, to ensure transportation measures and parking requirements of the study are fulfilled; and
(c) paying all fees or charges, including outstanding taxes and local improvement charges.
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.
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.
(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;
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.
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.
North York Civic Centre
Telephone: (416) 395-7109
Fax: (416) 395-7155
Schedule A - Official Plan
Schedule B - Zoning
Schedule C - Site Plan
Schedule D - Transportation comments
(A copy of the Schedules referred to in the foregoing report is on file in the office of the City Clerk, North York Civic Centre.)