February 28, 2000

To: Etobicoke Community Council

From: Director, Community Planning, West District

Subject: Final Report

(Lakeshore-Queensway)

Purpose:

To consider a proposal for amendments to the Etobicoke Official Plan and Zoning Code by PPG Canada Inc. (PPG) and Toronto Catholic District School Board (TCDSB) to permit the development of a food store, with ancillary retail and restaurant uses, on lands municipally known as 3672 and 3730 Lake Shore Boulevard West.

Financial Implications and Impact Statement:

There are no financial implications resulting from the adoption of this report.

Recommendations:

It is recommended that:

1. Subject to the formal Public Meeting of Council, to obtain the views of interested parties, and the conditions outlined in this report, including the resolution of the transportation and deed restriction issues, that the applications be approved.

Background:

In November 1999 the owners of the subject site submitted applications to amend the Etobicoke Official Plan and Zoning Code in order to permit the development of a major food store, with ancillary retail and restaurant uses. Etobicoke Community Council considered a Preliminary Report in connection with this proposal on December 14, 1999 and directed that the applications continue to be circulated, and that a public meeting to consider the applications be scheduled for Community Council.

A Community Information meeting was held on February 8, 2000 in order to provide area residents with an opportunity to review and comment on the proposed applications. Approximately 4,880 notices were sent to an area covering Kipling Avenue to the east, the lake to the south, Etobicoke Creek to the west, and running easterly from Jellicoe Avenue to the CN right-of-way to the north. Over 90 residents attended the meeting. The proposal to introduce a major food store in the immediate area was very well received, however some residents noted concerns with the proposal. The main issues raised included:

- the design and streetscape relationship of the building to Lake Shore Boulevard

- main-street should be addressed to encourage additional shopping in the area

- traffic problems, turning movements, and circulation of vehicles based on the new access

- the need for trees along the street edge

- safety for school age children given the school is adjacent to the development

Comments:

Site Description and Surrounding Land Uses:

The site is located at the northeast corner of Lake Shore Boulevard and Brown's Line and consists of two parcels of land. The westerly parcel, owned by PPG, comprises 2.27 hectares (5.6 acres) and is currently vacant. The easterly 1.58 hectares (3.9 acres), owned by the TCDSB, houses a school building (Christ the King) and associated parking and playground facilities.

The site is bounded by the CN rail line and industrial uses to the north and the Long Branch GO station and associated parking to the west. A variety of industrial and commercial uses are located to the east, while a mix of two-storey commercial/residential uses and single-family dwellings are situated to the south.

Proposal:

PPG and TCDSB are proposing to amend the Official Plan and Zoning Code to facilitate the development of a major food store and ancillary retail and restaurant uses. The food store will have approximately 3 250 square metres (35,000 square feet) of gross floor area, while the ancillary retail and restaurant uses will contain approximately 1 420 square metres (15,350 square feet) of gross floor area. A supply of 284 parking spaces is proposed to accommodate the parking requirements of the proposal.

Access to the site will be provided at the signalized intersection of Lake Shore Boulevard and Thirty-Seventh Street. The access will serve as a joint entrance for the food store and the school.

Attachment No. 1 is a key map of the area showing the location of the subject properties and the surrounding zoning. Attachment No. 2 is a reduction of the site plan. The table below provides a detailed summary of the applications.

Table No. 1

The lands are subject to Site Plan Control approval. The applicant has submitted site plans for approval concurrently with the Official Plan and Zoning Code applications.

Official Plan and Zoning Code:

The subject site is located within the Central/Western Lakeshore Area Secondary Plan and is subject to the policies of the Long Branch Mixed-Use Area. The Secondary Plan was adopted by Council in 1993, and approved by the Province in June 1997. It is based on a comprehensive assessment of planning issues along Lake Shore Boulevard from Dwight Avenue to Etobicoke Creek.

The PPG portion of the site is designated "Potential Gateway Facility" to recognize the potential relocation of the GO station/TTC loop from its present location (west of Brown's Line). These lands are intended to provide for the development of an intermodal transit terminal together with higher density uses (office and residential) that would promote increased use of public transit, as well as employment generating uses.

Council, through the policies of the Long Branch Mixed-Use Area, has recognized that the existing transportation facility has limited potential for improvements. The impediments to improving the existing facility are related to the following site constraints; grades, property configuration, and access for streetcars to and from Lake Shore Boulevard.

Transportation Planning staff indicate that the use of the subject property for a "gateway facility" is not an option that is being actively persued at this time. Presently, there are no plans to proceed with the relocation of the existing GO Transit and TTC facilities.

Staff are proposing to add the food store and ancillary uses by way of a site-specific Official Plan amendment. The site-specific policy will permit a "Community Retail Uses" designation in conjunction with the existing designations. The plan would continue to recognize the long-term objective of protecting for future transportation "gateway facilities", as envisioned by the existing Secondary Plan. Therefore the applicants proposal can be considered as an interim use of the lands.

The TCDSB lands are designated ""Mixed Use Employment/Residential", "Open Space" and "Commercial/Residential Strip". The school lands are an adjunct to the application because they will be used to provide access to the PPG portion of the site. Because the TCDSB lands form part of the development scenario, it is appropriate to include these lands as part of the amendment process to permit the food store and ancillary retail and restaurant uses.

Both the PPG and TCDSB lands are zoned Class 1 Industrial (I.C1). The current zoning does not permit the proposed food store or ancillary uses. In order to permit the proposed uses, the lands have to be rezoned to a Commercial (C-1) zone in the Long Branch By-law. Zoning amendments, however are only being sought on the PPG portion of the site. The current I.C1 zoning of the school site will remain unchanged. Any future redevelopment of the TCDSB site would be subject to a separate application under the Planning Act.

Urban Design and Site Considerations:

The Urban Design policies of the Long Branch Mixed-Use Area encourage measures to screen elements such as parking, loading and garbage storage areas. The main food store building has been sited towards the rear of the property along the CN rail corridor. As a result, the loading and garbage areas have been screened from view. However, the majority of the parking area has been orientated towards the street edge. The applicant indicates that this has occurred as a result of the small size of the land parcel. Staff have concluded that the proposed siting of the building reduces potential on-site conflicts.

In response to staff concerns, extensive landscaping is being proposed along the street edge to minimize the view of the parking area. A parkette is also being proposed to reduce the visual presence of the parking area and an architectural element will also be incorporated to define the street edge. Staff are currently exploring improved pedestrian connections between the street edge and building.

To date, the applicant has not submitted elevation drawings for staff review. Given the site's prominent location along Lake Shore Boulevard, at the gateway to the City of Toronto (formerly Etobicoke), it is important to finalize the elevation details, landscaping treatment and architectural elements. As such, it is appropriate to include a condition of approval that these matters be resolved prior to the enactment of Official Plan and Zoning By-law amendments.

The site contains existing mature trees. These trees will have to be identified in order to indicate which trees are to be preserved, relocated or removed. Details of the streetscape improvements and landscaping will be secured and completed at the Site Plan Control approval stage.

Transportation:

A traffic study submitted by BA Consultants concludes that the impacts associated with the introduction of a proposed retail development can be readily accommodated with some traffic/operational improvements. Staff of the Transportation Services Division have concurred with the consultant's conclusions. They have also requested the applicant to introduce an eastbound left-turn advance green phase and traffic signal timing modifications, and a westbound right-turn lane on the north side of Lake Shore Boulevard. The implementation of this road work will assist in reducing the impact on the level-of-service of the intersection of Lake Shore Boulevard and Thirty-Seventh Street.

Impacts on the TTC street-car service along Lake Shore Boulevard need to be assessed. The TTC has not completed its review of the applicant's proposal. Of particular concern is the impact eastbound left-turning vehicles, entering the site from Lake Shore Boulevard, may have on streetcar operations. TTC staff are completing their review in consultation with Planning and Works staff.

City Approvals - Consent:

As indicated earlier in the report, access to the site will be provided at the signalized intersection of Lake Shore Boulevard and Thirty-Seventh Street. The access will serve as a joint entrance for the food store and the school. The proposed access to the food store will be located on the school property. In order to accommodate this request, a consent application will have to be submitted to the City in order to grant easements for a right-of-way between the properties.

City Approvals - Deed Restriction:

The School Board has requested that the City release its interest in a deed restriction, which was placed on a portion of the property by the former City of Etobicoke. This restriction limits the use of the school property to educational purposes, and gives the City first right of refusal in the event that the School Board wishes to dispose of the subject lands.

The request to release the deed restriction was forwarded to Corporate Services, Facilities and Real Estate Division who have advised planning staff that releasing the City's interest would have financial implications. As a result they recommend that the City receive fair compensation from the TCDSB prior to releasing the deed restriction. This matter has not been resolved at this time, therefore it is necessary to include a condition in the approval that this issue be resolved prior to Council enacting the Official Plan and Zoning By-law amendments.

Official Plan Criteria for Considering Retail Designation Proposals:

Proposals to amend the Official Plan or Zoning Code for retail developments are subject to the criteria outlined in Section 4.3.18 of the Official Plan. The following criteria are considered by staff to evaluate all retail applications:

- the availability of alternative undeveloped or underdeveloped retail lands to accommodate the proposed use

- the viability of the remainder of the current land use designation in the area

- the impacts, including traffic impacts, on surrounding lands

- the potential for adverse impact on the planned function of other retail designations. In order to assess such impact, Council shall require the applicant to submit a market impact study in accordance with the guidelines for retail market impact studies

These criteria and the evaluation are appended as Attachment No. 3.

Agency Comments/Department Circulation:

In response to the circulation of plans submitted in support of this application, no objections have been expressed by the Fire Department or Toronto Hydro.

The Transportation Services Division of Works & Emergency Services have reviewed the traffic study submitted in support of the development proposal, and indicate that the development can be accommodated on the surrounding road network without significant impacts on the level-of-service. Some modifications to the intersection of Lake Shore Boulevard and Thirty-Seventh Street are recommended to improve the operation of the intersection. Other comments are applicable at the Site Plan Control approval stage.

Technical Services Division of the Works & Emergency Services Department advise that there are existing watermains and sanitary sewers available on Lake Shore Boulevard and Brown's Line to serve the lands. A storm sewer is available on Lake Shore Boulevard. Other comments are applicable at the Site Plan Control approval stage.

CN Rail requires the applicant to install fencing along the mutual property line, as well as receiving prior written approval to alter existing drainage patterns which may impact railway property. CN guidelines prescribe a 30 metre (100 feet) setback from the railway right-of-way. Noise and vibration studies are also recommended in order to determine mitigation measures required.

Based on current discussions with staff from the Toronto Catholic District School Board, the Board is satisfied that the current proposal will improve the overall operation of the school site. Through the site plan review process staff will continue to ensure proper safety measures are incorporated in the site design to protect children attending the adjacent school.

Conclusions:

Proposals to amend the Official Plan or Zoning Code for retail developments are subject to the criteria outlined in Section 4.3.18 of the Official Plan. Staff have evaluated the proposal within the context of these criteria and the evaluation is appended as Attachment No. 3. Based on this review staff are satisfied, from a land use planning perspective, that the proposal meets the criteria for a Community Retail Use development.

The site is directly adjacent to and has access onto an arterial roadway with sufficient capacity to support the proposed development. In terms of height, floor space index, and landscaped open space, the project can be accommodated on the site with limited impact on existing and surrounding uses. It would be appropriate to incorporate development standards with respect to height, floor space index and density into the amending by-law to ensure that the proposal maintains a high quality standard of development.

The approval of these applications will result in increased tax assessment for the area, while providing additional job/employment opportunities. It will also provide residents in the vicinity with a much-needed service, which has been lacking for a long time.

It is recommended that the applications be approved, subject to fulfilment of the following conditions:

1. Prior to the enactment of amending By-laws relating to the Official Plan and Zoning Code, the outstanding transportation and deed restriction issues be resolved to the satisfaction of Urban Development Services and Corporate Services respectively, and the applicant submit detailed plans and drawings of the proposed development including elevations and landscape details to the satisfaction of the Director of Planning, West District.

2. The Official Plan amendment shall provide for the following:

(i) Adding a provision for a "Community Retails Uses" designation in addition to the existing designations, as a site-specific policy.

2. The Zoning By-law amendment shall provide for the following:

(i) Rezoning of the PPG site from Class 1 Industrial (I.C1) to Commercial (C-1). The site-specific by-law shall provide standards for the floor space index, height, setbacks, coverage, landscaped open space, and parking.

2. Further detailed consideration of the proposal under Site Plan Control to include:

(i) Signing of a Site Control Agreement and payment of the necessary fees associated with the preparation, execution and registration of same.

(ii) Submission of landscaped plans detailing curbing, grading, street trees, planting and tree preservation methods for trees, and the posting of financial guarantees to ensure compliance with the approved plans.

(iii) Provision of on-site services, including the provision of storm water management facilities or cash-in-lieu payment, the signing of agreements, and the posting of financial guarantees, if required, by Works and Emergency Services.

(iv) The developer to pay the prevailing development charges in effect at the time of the issuance of building permits and any outstanding cash-in-lieu of parkland contributions or dedications.

5. The applicant submit a Consent application in order to establish the necessary rights-of-way and easements required to provide access to the PPG portion of the site, over the TCDSB lands.

Contact:

V. Bill Kiru, MCIP, RPP

Senior Planner

Community Planning, West District

Tel: (416) 394-8230

Fax: (416) 394-6063

E-mail: kiru@toronto.ca

__________________________

Gary Wright

Director of Community Planning, West District

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List of Attachments:

Attachment No. 1 - Location Map

Attachment No. 2 - Site Plan

Attachment No. 3 - Official Plan Criteria (Retail)

Attachment No. 3

Official Plan Criteria for Considering

Retail Designation Proposals

(Section 4.3.18)

(a) the availability of alternative undeveloped or underdeveloped retail lands to accommodate the proposed use

There are no alternative sites that are available in the immediate area to accommodate the proposed food store. The majority of sites along Lake Shore Boulevard that are zoned "retail" are either too small, or are currently developed to their maximum potential and functional.

(b) the viability of the remainder of the current land use designation in the area

Transportation Planning staff indicate that the use of the subject property for a "gateway facility" is not an option that is being actively persued at this time. Presently, there are no plans to proceed with the relocation of the existing GO Transit and TTC facilities.

The proposal before Council does not seek to delete the existing designation, but rather add to it by introducing Community Retail Uses. Accordingly, should the "gateway" become a viable option, the lands will still remain designated as such, and subject to the existing policies.

(c) the impacts, including traffic impacts, on surrounding lands

A traffic consultant retained by the applicant has concluded that the proposal will increase the efficiency of the access arrangements that are currently in place between the PPG and TCDSB sites. The proposed commercial facility will have little impact on the surrounding business activity as it provides a service, which is lacking in the area. It is anticipated that the new use will have a spin-off as a result of increased pedestrian activity in the area.

(d) the potential for adverse impact on the planned function of other retail designations. In order to assess such impact, Council shall require the applicant to submit a market impact study in accordance with the guidelines for retail market impact studies

A market study has been submitted for review. The study has concluded that the food store is warranted in the market area without undermining the planned function of existing supermarkets in the area. The study also suggests that the new store will increase competition to the benefit of the consumer.