Request for Direction

Zoning By-law Amendment Application Z98029

Dar-Zen Holdings Limited

4800 and 4810 Sheppard Avenue East

Marshalling Yard Employment District

Ward 18 - Scarborough Malvern

The Scarborough Community Council recommends:

(1)that the recommendation in the following report be struck out;

(2)that the application by Dar-Zen Holdings Limited be refused; and

(3)that the City Solicitor be directed to attend the Ontario Municipal Board in defence of the position taken to this point by the Scarborough Community Council and the Council of the former City of Scarborough respecting automotive uses on Sheppard Avenue East.

The Scarborough Community Council submits the following report (June30, 1999) from the Director of Community Planning, East District:

Purpose:

This report seeks direction from Council regarding the City's position at an upcoming Ontario Municipal Board hearing for the property shown on the adjacent map. A hearing date has not been set.

Recommendations:

It is recommended that Scarborough Community Council recommend that Council direct the City Solicitor to appear at the Ontario Municipal Board to support amending the Employment Districts Zoning By-law No. 24982, as amended, with respect to the Marshalling Yard Employment District, for the lands known municipally as 4800 and 4810 Sheppard Avenue, being Part of Lot 21, Concession 3, as follows:

(1)adding Vehicle Service Garages, excluding the open storage of auto parts as a permitted use;

(2)adding a Performance Standard which will restrict Vehicle Service Garages to a maximum gross floor area of 370 square metres (4,983 square feet), to be located within 40 metres (130feet) of westerly lot line and beyond 25 metres (82 feet) from the Sheppard Avenue street line; and

(3)deleting the Performance Standard which removes the application of the landscaping requirements described in the General Provisions of the By-law.

Background:

The subject property contains two, one-storey multi-unit buildings of approximately 40 units on the western portion of the property with the easterly portion currently under construction for two, one-storey commercial buildings. Surrounding land uses include: industrial to the north and west; residential, a service station and a small commercial plaza to the south; and, single-family dwellings and commercial uses including a car dealership and vehicle service garages immediately to the east.

Council considered a Preliminary Evaluation Report involving two rezoning applications for the subject property in November 1998. The owner had applied to permit Vehicle Service Garages within the two building. The Preliminary Evaluation Report however recommended that staff process the application subject to: the applicant amending the application to permit 370 square metres (4,983 square feet) of Vehicle Service Garages within the rear half of Unit 102, and within Units 103 and 104, in the westerly building on the subject property; and, staff convening a Community Information Meeting. The Vehicle Service Garage use application was subsequently appealed to the Ontario Municipal Board in February 1999. No hearing date has been set. The rezoning application requesting a Vehicle Sales Operation on the property will be considered by Scarborough Community Council on July 15, 1999.

The Official Plan designates the subject property Industrial District Commercial and by Numbered Policy 7, General Industrial Uses with High Performance Standards are also permitted. Business District policies also apply providing offices and commercial uses secondary to offices along the Sheppard Avenue frontage. Industrial District Commercial provides for commercial facilities and services to serve the local occupants of an industrial area. General Industrial Uses with High Performance Standards permits all industrial, scientific, technical research and development, training and educational facilities, offices, recreational uses, manufacturing and warehousing uses except those which are noxious. Ancillary retailing to manufacturing, assembling and processing is also permitted. High Performance Standards may include special requirements for: limitation of uses, siting, landscaping areas, parking, external building materials, signs, prohibition or screening of outside and open storage.

The property is zoned Industrial Zone (M) and Industrial District Commercial Zone (MDC). The Industrial Zone permits day nurseries, educational and training facility uses, industrial uses, offices excluding medical and dental offices, places of worship, and recreational uses. Industrial District Commercial Zone permits the proposed vehicle sales operation, however by site specific Exception 61, commercial uses are restricted to: financial institutions, personal service shops, recreational facilities excluding pinball machines and other electronic or manually operated games, restaurants, retail stores, offices, and places of worship. Exception 202 prohibits non-accessory ground signs excluding marketplace signs and prohibits wall signs which are non-accessory.

Comments:

The Vehicle Service and Repair study of the former City of Scarborough established locational criteria for Vehicle Service and Repair uses in General Industrial Uses and Special Industrial Uses designations in the Employment Districts. The study did not consider such uses in existing commercial designations or zones. The subject property is designated and zoned for both Industrial District Commercial and General Industrial Uses. Vehicle Service Garages do not conform to the General Industrial designation or zone. Vehicle Service Garages usually would conform to the Industrial District Commercial designation and zone, but a site specific Zoning By-law exception does not include Vehicle Service Garages as a permitted use on this property.

A Vehicle Service Garage use is not considered to be a precedent along Sheppard Avenue. The staff recommended gross floor area of the Vehicle Service Garage use is limited in size and is located on the property beyond where commercial uses are permitted in the Zoning By-law. The proposed recommendations would restrict the Vehicle Service Garage use to the existing two Vehicle Service Garage operations; that being the area 40 metres (130 feet) a from the westerly property line and beyond 25 metres (82 feet) of the street line of Sheppard Avenue, as shown on Figure 2. To ensure that auto parts are not stored outside, the recommendations would exclude open storage of auto parts and would reinstates the landscaping requirements in the General Provisions of the Zoning By-law requiring those lands not covered by building or used for parking to be landscaped and, a minimum 6 metre (20 feet) landscape strip being provided in the street yard. In so doing, the use of parking spaces for open storage is restricted. The condition imposed by Committee of Adjustment for the proposed use regarding outside storage has been incorporated into the proposed Zoning By-law provision.

Conclusions:

The City Solicitor be directed to support the recommendations at the Ontario Municipal Board.

Contact Name:

Sylvia Mullaste, Planner

Phone: (416) 396-5244

Fax: (416) 396-4265

E-Mail: mullaste@city.scarborough.on.ca