Zoning By-law Amendment Application SZ98028

Dar-Zen Holdings Limited

4800 Sheppard Avenue East, Unit 114

Marshalling Yard Employment District

Ward 18 - Scarborough Malvern

The Scarborough Community Council, after considering the deputations and based on the finding of fact, conclusions and recommendations contained in the report, dated June 21, 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 July 15, 1999, in accordance with Section 17 and Section 34 of the Planning Act and the regulations thereunder.

The Scarborough Community Council submits the following report (June 21, 1999) from the Director of Community Planning, East District:

Purpose:

This report recommends approval of the rezoning application to permit an approximate 85 square metre (915 square feet) Vehicle Sales Operation in conjunction with the existing vehicle leasing business on the lands shown on the adjacent Figure.

Financial Implications:

None

Recommendations:

It is recommended that City Council:

(A)amend 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 Sheppard Avenue, being Part of Lot 21, Concession 3, as follows:

(1)adding Vehicle Sales Operations, excluding the open storage or display of vehicles to the permitted uses in Exception 61;

(2)adding a Performance Standard which will restrict Vehicle Sales Operations to a maximum gross floor area of 85 square metres (915 square feet) and which is to be located within 20 metres (66 feet) of Sheppard Avenue street line;

(3)adding a provision which will prohibit accessory signage advertising vehicles for sale;

(4)deleting the Performance Standard which removes the application of the landscaping requirements described in the General Provisions of the By-law; and

(B)authorize any unsubstantive technical, stylistic or format changes as may be required to the said By-law to properly carry out the intent of these recommendations.

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.

Scarborough Community Council considered a Preliminary Evaluation Report on November 12, 1998 involving two rezoning applications for the subject property. This rezoning application is to permit vehicle sales in one unit in the most westerly building on the property. The rezoning application requesting a Vehicle Service Garage use was appealed to the Ontario Municipal Board in February 1999. No hearing date has been set. Community Council, in considering the rezoning applications, requested: the previous reports on similar type of applications along the Sheppard Avenue Industrial Area where planning staff recommended approval and Council refused the applications; and, a history of variances for the property along with Municipal Standards violations and Sign By-law applications. The requested information is briefly summarized and appended to this report along with the previous Ontario Municipal Board decision on minor variance application A48/97 for vehicle sales in Unit 114 and a summary of the previous planning reports for the subject property. After clarification from Councillor Balkissoon on the applications along the Sheppard Avenue Industrial Area, two reports to Committee of Adjustment have been included.

A Community Information Meeting was held on April 29, 1999 on this application with notice given to an expanded area of 198 households. Five residents attended the meeting. Four written responses were received in opposition to the proposed use and are attached. Issues raised include: sufficient auto sales and service uses exist in the area; existing car dealerships along Sheppard Avenue lack Community pride and park vehicles in the street yard; vacuuming noise from another car leasing business at the plaza at Sheppard Avenue and Havenview Road; precedent; cars speeding through the residential areas while being test driven; the tenant being able to sell cars to lessees at the end of the lease without the rezoning; the property is not designed for auto sales; and, the litter created from decorative flags or banners weathering on the property.

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, nor did the study consider locations for Vehicle Sales Operations. The subject property is designated and zoned for both Industrial District Commercial and General Industrial Uses. Vehicle Sales Operations do not conform to the General Industrial designation or zone. Vehicle Sales Operations usually would conform to the Industrial District Commercial designation and zone, but a site specific Zoning By-law exception does not include Vehicle Sales Operations as a permitted use on this property.

One issue raised by the residents relates to the number of vehicle service and sale uses in the area. These existing uses are located within the Industrial Commercial, Industrial District Commercial, and Highway Commercial zones along Sheppard Avenue, between Markham Road and McCowan Road. These zones permit vehicle sales, service and repair uses. By site specific exception, uses can be added or restricted. In terms of Vehicle Sales Operations along the north side of Sheppard Avenue, approximately six vehicle sale operations exist, including four car dealerships. These Vehicle Sales Operation uses are permitted as-of-right. Overall, five properties of the 15 between Markham Road and McCowan Road do not have vehicle related use permissions; two of which are restricted from the use by exception.

Residents' concerns about the vehicle related businesses having a lack of Community pride and about cars speeding through the residential neighbourhood while being test driven are beyond the purview of the Zoning By-law. The issue of dealership vehicles being parked within the public boulevard is an issue that is dealt with by Municipal Standards as is the issue of vacuuming noise. The banners which created a litter problem no longer exist on the subject property.

The issue raised by a resident regarding the tenant being able to sell cars to the lessees without the rezoning was discussed by staff with staff of the Licensing Commission and the Ontario Motor Vehicle Industry Council. Both jurisdictions indicated that in order to sell vehicles, and in particular used vehicles, a license is required that is site specific to the vehicle sales operation. If the sale of vehicles is not permitted, a license can not be issued. The Ministry of Transportation issues business Registration Identification Numbers to repair garages which allow the garages to buy vehicles in bulk to sell.

The proposed use is limited in size and is located on the property where commercial uses are restricted in the Zoning By-law. The proposed use is not considered to be a precedent along Sheppard Avenue. The proposed rezoning is crafted to reduce the appearance of the operation by restricting the proposed use to a single unit, within 20 metres (66 feet) of the street line of Sheppard Avenue, as shown on Figure 2. To ensure that vehicles are not displayed, the proposed rezoning 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 and the street yard for vehicle storage and display is restricted. The tenant advised that vehicles for sale are advertised in newspapers. Prohibiting signage relating to the sale of vehicles has been included by an exception to the Zoning By-law to minimize the appearance of the sales operation from Sheppard Avenue.

Conclusions:

The vehicle sales operation use in Unit 114 is limited in size. The operation is primarily an office, although vehicle cleaning occurs at the rear of the unit. The vehicle cleaning is not visible from Sheppard Avenue given the configuration of the building. Unlike a car dealership, vehicles are not stored within compounds. Signage advertising the sale of vehicles is proposed to be prohibited. Vehicles for lease arrive from the dealerships for lessee pick-up. Vehicles that are required to be stored are stored at another location within Scarborough, although one or two vehicles may be stored within the unit. The conditions imposed by Committee of Adjustment for the proposed use regarding outside storage and signage fronting Sheppard Avenue, have been incorporated into Zoning By-law performance standards.

The proposed use provides flexibility to the existing leasing business and provides a service to the area. The proposed use is within a multi-unit commercial and industrial building on a major arterial road and is located on the property where commercial uses are permitted on the property. The proposed use is not considered a precedent along this portion of Sheppard Avenue.

Contact Name:

Sylvia Mullaste, Planner

Phone: (416) 396-5244

Fax: (416) 396-4265

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

Mr. Michael Andrighetti appeared before the Community Council, on behalf of the applicant, and expressed support for the foregoing recommendations.