STAFF REPORT

December 29, 1999

To: Scarborough Community Council

From: Ted Tyndorf

Director of Community Planning, East District

Subject: PRELIMINARY EVALUATION REPORT

Official Plan Amendment Application SC-P19990027

Marshalling Yard Employment Distric

Scarborough Malvern

Purpose:

This report provides a preliminary evaluation on Official Plan and Zoning By-law amendments to permit a commercial development of retail, office, restaurant and food court uses in order to facilitate the completion of the derelict building structure at the northeast corner of Sheppard Avenue and Brimley Road.

Financial Implications and Impact Statement:

None.

Recommendations:

It is recommended that Scarborough Community Council direct staff to process the applications in the normal manner subject to:

staff convening a community information meeting with expanded notice beyond 120 metres (400 feet) of the subject property in early 2000. The expanded notice would include the area between Huntingwood Drive and Highway 401, from Midland Avenue to McCowan Road.

(2) the applicant submitting a traffic impact and parking study which would examine the parking demand of the proposed uses and include a review of traffic impacts in relation to the previous traffic study undertaken for the 1990 commercial proposal for the subject property.

(3) the applicant submitting a site plan, building elevations and landscaping plans in sufficient detail for staff review.

(4) target a Public Meeting to consider the applications after a review of the traffic impact and parking study has been completed and the traffic and parking issues have been satisfactorily addressed.

Background:

The subject 0.7 hectare (1.7 acre) property, which is zoned and designated Industrial District Commercial with specific restrictions, is located at the fringe of the Marshalling Yard Employment District. The site is occupied by an incomplete building. The incomplete structure results from a proposed 1990 development scheme for offices, retail, personal service, financial institutions and restaurant uses. The maximum gross floor area was 1.65 times the lot area or 11,445 square metres (123,197 square feet).

A traffic study, based on this proposal, recommended improvements to the Sheppard Avenue and Brimley Road intersection. These improvements were secured through a Section 37 Agreement.

In 1997 Scarborough Council adopted amendments to the Official Plan and Zoning By-law to add hotel to the permitted uses. The minimum 60 percent office requirement was amended to require a minimum of 40 percent of the total gross floor area for office and/or hotel uses. The development scheme also included a food court area with seating which, together with the restaurant, were capped at 900 square metres (9,688 square feet). No additional density was sought. The applications had been made on behalf of a perspective purchaser who in the end did not acquire the property.

In early 1999, the City revoked the building permit for the original four storey commercial development and directed staff to take steps towards demolishing the structure. An Order to Comply directing demolition of the structure was issued. The Order was appealed to the Property Standards Appeals Committee which in November 1999 upheld the demolition Order. The owner has appealed Committee's decision to Superior Court; however, no court date has been set.

A new prospective owner has made the current applications which would provide retail, restaurant, food court and office development within the maximum permitted gross floor. The proposal comprises 7,667 square metres (82,540 square feet) of retail uses; 743 square metres (2,998 square feet) of offices; 680 square metres (7,320 square feet) of restaurant; and, 824 square metres (8,870 square feet) of food court and associated seating.

Retail uses are proposed on the first and second floors with a limited amount on the third floor. The third floor would also contain a restaurant and food court area with seating. Offices are proposed on a partial fourth floor which would represent approximately 20 percent of the area of the first floor.

Parking would exist within two levels of underground parking with some surface parking. A total of 403 parking spaces are proposed.

A site plan application has been submitted in support of Official Plan and rezoning applications however, the submitted drawings require additional detail in order for staff to assess the plans.

Comments:

Potential Concerns:

The current proposal proposes approximately 13 percent of the total gross floor area or 1,504 square metres (16,190 square feet) for a restaurant and food court with the associated seating. Restaurants previously represented approximately 8 percent of the total gross floor area. Staff experience with proposals containing food courts which are comparable to that currently proposed, has revealed a potentially greater parking demand for food courts than for retail stores, but less than for restaurants.

A parking study is required to assess the suitability of the proposed parking for the current proposal. As well, a study should review the traffic improvements contained in the Section 37 Agreement to determine if further improvements are required.

Furthermore, if the owner intends to condominiumize a portion of the development and determines it necessary to allocate parking spaces to individual units within the development, additional parking spaces in excess of the minimum may be required. The parking study should address this possibility.

There is also concern with enforcing the area of the proposed food court to prevent seating from encroaching into the mall corridor. This may have impact on parking.

Potential Benefits

The proposal could secure the future of the derelict building structure at a prominent arterial road intersection, as well as eliminate the site safety concerns. It's completion may also stimulate commercial activity in the area. The Section 37 road improvements which supported the original four-storey commercial development, and any others which may result from the current proposal, would improve existing intersection operations.

Conclusions:

The subject property is located at the edge of an employment district surrounded by commercial uses. The proposal is within the existing density permission of the Zoning By-law and within the existing four storey structure The additional retail gross floor area and the proposed food court use need to be reviewed in the context of a traffic and parking study to address the parking shortfall. Staff will continue to negotiate with the applicant to address the issues outlined.

Contact:

Sylvia Mullaste, Planner

Scarborough Civic Centre

Telephone: (416) 396-5244

Fax: (416) 396-4265

E-mail: mullaste@toronto.ca

Ted Tyndorf, MCIP, RPP

Director of Community Planning, East District

List of Attachments:

- Existing Zoning By-law Map

- Site Plan, Figure 1

- Elevation Plan, Figure 2

- Existing Official Plan, Figure 4.42