Lands Adjoining the East Side of 2015 Lawrence Avenue W.
Zoning By-law Amendment Application;
Applicant: Templeton-Lepek Limited
Ward 27, York Humber
The York Community Council recommends that based on the findings of fact,
conclusions and recommendations contained in the report dated May 5, 1999 from the
Director, Community Planning, West District, and for the reason that the proposal is an
appropriate use of lands, that the Zoning By-law Amendment Application submitted by
Templeton-Lepek Limited be approved, subject to the conditions outlined in the
referenced report.
The York Community Council reports, for the information of Council, having held a statutory
public meeting on May 26, 1999, in accordance with Section 34 of the Planning Act, and that
appropriate notice of this meeting was given in accordance with the Planning Act and
regulations thereunder.
The York Community Council submits the following report (May 5, 1999) from the
Director, Community Planning, West District:
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 No. 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
The York Community Council also had before it the following communications during
consideration of the foregoing matter:
(i)(May 26, 1999) from Ms.Ella Jackson, Chair, Black Creek Business Area Association,
advising that the Black Creek Business Area Association endorses the Zoning By-law
Amendment application for 2015 Lawrence Avenue West; that they have been in
communication with the owners of this property and find this proposed change to fit the
character of the surrounding uses; and that they would have concerns if any further
downzoning were to occur and that the Association anxiously awaits the commercial
development of this property.
(ii)(May25, 1999) from Mr. Paul J. Pesikaka, Property Manager, Orion Management,
Property Managers and Consultants, requesting copies of all matters pertaining to
2015LawrenceAvenue West, on behalf of Metropolitan Toronto Condominium Corporation
No. 800.
The following persons appeared before the Community Council in connection with the
foregoing matter:
-Mr. Gary Templeton, applicant, on behalf of the owners, advised that they are in full
agreement with all aspects of the staff report; concurs with the deletion of public garages and
theatres from the CE zone; they are not interested in pursuing this type of development; there
is no site plan at this time but the owners will be working towards leasing arrangements in
order to prepare a site plan; and will be pleased to meet with the Site Plan Working Group.
-Representative, Lawrence Park Business Area, indicated that in the absence of a site plan
their board is unable to express their agreement; they however agree that garages and theatres
would not be suitable uses; supports the formation of the Site Plan Working Group; and would
like to be kept advised of matters relating to this application.
-Mr. Ron Thompson, Toronto, advised that he resides directly across from the site; is
interested in the type of development at this location; and would not be in favour of businesses
which generate noise.
SCHEDULE 1
DRAFT ZONING BY-LAW AMENDMENT
CITY OF TORONTO
BY-LAW No.
To amend former City of York By-law No. 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 2015LawrenceAvenueWest, 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 2015LawrenceAvenue 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.
SCHEDULE 'A' TO BY-LAW NO.
AND SUBSECTION (58) OF SECTION 6 AND
SUBSECTION (387) OF SECTION 16 OF ZONING BY-LAW NO. 1-83
Part of Block A, Registered Plan M-304, City of Toronto (formerly City of York in the
Municipality of Metropolitan Toronto) being composed of Parts 8 and 15 inclusive of
Reference Plan of Survey No. 66R-15304 deposited in the Land Titles Division of Toronto
(No. 66).
SCHEDULE 2
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 Association;
-1 representative from the residential neighbourhood across from subject lands on Lawrence
Avenue West;
-1 representative from the Weston Business Improvement Area;
-1 representative from the Toronto Police Department; and
-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.
APPENDIX 1
LOCATION MAP FOR 2015 LAWRENCE AVENUE WEST
APPENDIX 2
(Letter from Mr. Barry Lowe, Chairman, Weston Business Improvement Area)
In response toyour call for comments regarding the above noted property, please receive the
following from the Weston B.I.A. as discussed and passed at the Board of Management
Meeting of December 3, 1998.
The Weston B.I.A. has and will continue to support good sound development that enhances
the local neighbourhood and allows us to be competitive as a community in the City fabric. As
it stands, this project appears to meet these goals and the development of this vacant site is
long overdue.
We would like to be kept informed and continue as party to the process in order to keep our
membership informed, as there was some concern raised regarding the eventual commercial
tenure of the site and how it will affect the B.I.A. This included questions regarding big box
stores which as you well know have had a major effect on the Weston area.
We hope these comments meet your request and thank you for keeping us a part of the
process. Should you require any furthr information regarding this project or any other that you
may deem will have an effect on the B.I.A. please contact John Kiru or myself.
P.S . We do not support big box stores for the Weston area.
APPENDIX 3
NOTES FROM COMMUNITY INFORMATION MEETING
ON APRIL 8, 1999
Zoning By-law Amendment Application R98-010
2015 Lawrence Avenue West
Attendance - List on file in the Clerk's Division, York Civic Centre.
The meeting commenced at 7:00 p.m.
- Councillor Nunziata opened the meeting by welcoming stakeholders.
- "Around-the-table" introductions followed.
- Henry Byres gave a presentation on the application and explained in detail the differences
between the Prestige Employment and Commercial Employment zones.
- No real concerns were raised respecting the elimination of minimum floor area restrictions
on retail stores.
- Concerns were raised regarding public garages -- there was general consensus that they
would not be appropriate for the property (even in a comprehensive "auto mall" format)
due to noise, garbage, traffic and general appearance and property maintenance issues.
- Concerns were also raised regarding theatres and their potential to create public safety
problems at night.
- The applicant, Gary Templeton, advised he would discuss the concerns regarding public
garages and theatres with his client and advise whether they are important features of the
Commercial Employment Zone with respect to this property (the property owner may be
willing to forego these uses if it assists in removing the retail restrictions of the Prestige
Employment Zone).
- The issue of site design and other site planning matters were discussed.
- Councillor Nunziata proposed a stakeholder committee to review any site plan control
application made for this site. The committee would include the following participants:
Local councillors
1 representative from Weston Ratepayers
1 representative from residents across Lawrence Avenue from site
1 representative from Weston B.I.A.
1 representative from Police Department
1 representative from Lawrence Business Park Condominium Board
- The concept of a stakeholder committee tor review any site plan application is to be
included in the planning report on the By-law Amendment application for Community
Council's endorsement.
- Gary Templeton and Henry Byres agreed that the task force would only be acceptable if it
was limited to the above list and done in an expedient fashion so as not to hold up the site
plan process and jeopardize the loss of any prospective tenants to the development -- the
group agreed that the task force could be done quickly and would have a positive influence.
The meeting adjourned at 8:15 p.m.