STAFF REPORT
January 20, 2000
To: Etobicoke Community Council
From: Director, Community Planning, West District
Subject: Claireville Land Use Study Area
Existing Outdoor Storage Uses
Rexdale-Thistletown
Purpose:
To report on appropriate measures for ensuring that the appearance of existing outside storage uses within the Claireville
Study Area is improved, and for procuring their eventual cessation.
Financial Implications and Impact Statement:
There are no financial implications resulting from the adoption of this report.
Recommendations:
It is recommended that Council:
(1) enact a zoning by-law in accordance with their direction of December 14, 15 and 16, 1999, which, among other matters,
prohibits outside storage in the Claireville Area.
(2) instruct staff to bring forward bills to adopt site specific, temporary use, zoning by-law exemptions to permit outdoor
storage on properties in the Claireville area with existing outdoor storage uses established prior to December 2, 1999, once
the property owners have entered into agreements to provide fencing and landscaping that meets the City's specifications.
(3) instruct staff to only process applications within the year from January 21, 2000 to January 21, 2001 for temporary use
zoning by-law amendments to allow outdoor storage.
(4) instruct staff to schedule public meetings at the end of the 3 year temporary use periods only where the outdoor storage
uses have continued to exist.
(5) instruct staff not to bring forward a bill for temporary use zoning to permit outdoor storage at 2128 Codlin Crescent
until wrecked vehicles, unplated vehicles and other debris are removed from the property.
Background:
At its meeting of December 14, 15, and 16, 1999, Council approved amendments to the Etobicoke Official Plan and
Zoning Code to redesignate lands within the Claireville Study Area from Parkway Belt West to Industrial (Site Specific),
and Class 1 Industrial (I.C1), respectively. The Study Area lands were also included as an area of Site Plan Control.
The proposed modified Class 1 Industrial (I.C1) zoning would permit a limited range of industrial business uses; prohibit
industrial uses that are not compatible with existing residential uses, including outdoor storage; restrict the expansion of
existing residential dwellings; and, permit home occupation uses in conjunction with existing residential uses.
Notwithstanding the general restrictions on new outside storage uses, Council approved outside storage uses in existence as
of December 2, 1999, and directed staff, in consultation with the City Solicitor, to submit a report to the Etobicoke
Community Council with respect to means of ensuring that the appearance of the existing outside storage uses is improved
by the existing businesses within one year. These existing outside storage uses do not have legal non-conforming status.
Council also directed staff to report on options for procuring the eventual cessation of existing outdoor storage uses after
such uses cease or property ownership changes.
Comments:
Site Plan Control:
Site Plan Control is typically used by the City to control the landscaping, fencing and appearance of properties under
development. The City Solicitor has advised that the City has no authority under the Planning Act to compel property
owners with existing outdoor storage businesses within the Study Area to enter into the Site Plan Control process unless
some form of "development" is proposed. Under Section 41 of the Act, "development" is defined as "making of an addition
or alteration to a building or structure that has the effect of substantially increasing the size and usability thereof."
It is unlikely that any additions or alterations to buildings would be involved in the immediate future in connection with the
existing outside storage uses. As such, the Site Plan Control process cannot be utilized for the purpose of reviewing screen
fencing and landscaping requirements for properties containing existing outside storage businesses.
Zoning By-law:
Notwithstanding the foregoing, the City Solicitor has advised that property owners wishing to legalize existing outside
storage uses in existence as of December 2, 1999, will be required to comply with the zoning provisions set out in the
proposed amending zoning by-law, including screen fencing and the provision of a landscaped area.
Although the proposed zoning by-law could require screen fencing and a landscaped area, it cannot specify or control the
type of plant material to be installed within the landscaped area. As such, property owners could provide as little as a
grassed area to comply with the by-law requirements.
To ensure that proper landscaping and fencing is provided, Council could enact a zoning by-law for the entire Claireville
area that prohibits outside storage, and then approve individual zoning by-law exemptions for specific properties once the
property owners have entered into agreements to provide landscaping that meets the City's specifications. Council
instructed staff to ensure that the appearance of the outdoor storage areas are improved within a 1 year period. This could
be accomplished by directing staff to only process applications and bring forward bills for zoning by-law amendments
within a 1 year time-frame.
Council also directed staff to prepare a by-law which terminates the permission for outdoor storage when any current use
involving outdoor storage ceases. The City Solicitor has advised that the Planning act does not authorize any provision in a
zoning by-law that a use permission will terminate upon a future event, such as cessation of use or conveyance of the
property. Thus the City will not be able to place a clause in the proposed zoning by-law which rescinds permission for
outside storage uses when current property owners convey the properties or temporarily terminate the outdoor storage uses.
However, Section 39 of the Planning Act does provide for the passing of Temporary Use Zoning By-laws that can provide
for specific land use exemptions for a period of up to three years. At the end of the three-year period, permission for the use
will cease unless Council enacts another Temporary Use Zoning By-law. No right of legal non-conforming status applies to
Temporary Use Zoning By-laws.
In the event that Council wishes to use a Temporary Use Zoning By-law as a mechanism to ensure that permission for
outdoor storage ends when the use ceases, staff can monitor the use of land in the Claireville area and advise Council when
the Temporary Use Zoning By-law comes before Council for a public meeting and subsequent re-enactment.
Other Considerations:
Staff note that majority of the outside storage uses to be "grandfathered" within the Study Area are generally considered to
be "contractor storage yards", with the exception of the property known municipally as 2128 Codlin Crescent. This
property, which is occupied by a two-storey dwelling and ancillary storage buildings, is in a very disorderly state. The
property is strewn with many wrecked and unplated motor vehicles, in addition to old tires, bricks, doors, scaffolding, car
parts, fencing, pallets, oil cans, construction equipment, and soil.
Staff are concerned that the approval of the existing outdoor storage use associated with the property known municipally as
2128 Codlin Crescent could ultimately facilitate the establishment of an auto wreckers yard. To ensure that this undesirable
use is not established, Council should withhold the passing of a by-law permitting outdoor storage until the property owner
removes all dilapidated and unplated vehicles and debris from the property.
Conclusion:
The use of site specific temporary use by-laws will meet Council's objectives to permit existing outdoor storage uses in the
Claireville area to continue on a temporary basis. A site specific temporary use by-law should not be passed for the lands at
2128 Codlin Crescent until, wrecked vehicles, unplated vehicles and other debris is removed from the property.
Contact:
David Oikawa, Manager Tel: 394-8219
Community Planning, West District Fax: 394-6063
Email: doikawa@toronto.ca
Gary Wright,
Director, Community Planning, West District
dev2\580.84\supplementary report2.doc
List of Attachments:
Attachment No. 1 - Council's Decision of December 14, 15, and 16, 1999
