Official Plan Amendment Application SP1999004

(Ward 13 - Scarborough Bluffs)

The Scarborough Community Council, after considering the deputations and based on the finding of fact, conclusions and recommendations contained in the report, dated December 8, 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 January 18, 2000, in accordance with Section 17 and Section 34 of The Planning Act and the regulations thereunder.

The Scarborough Community Council submits the following report (December 8, 1999) from the Director of Community Planning, East District:

Purpose:

To recommend approval of the applications to amend the Official Plan and Zoning By-law for an industrial property on the east side of Birchmount Road, south of Danforth Road, to permit uses such as Offices, including Medical and Dental Offices, Financial Institutions, Service Shops, Personal Service Shops and Retail stores, in addition to the existing Industrial Uses.

To recommend changes to the Official Plan for all properties fronting on Birchmount Road between Raleigh Avenue and Parnell Avenue on the east side and between Mack Avenue and Danforth Road on the west side, to implement a land use designation providing for similar complementary uses on these frontages.

Financial Implications and Impact Statement:

None.

Recommendations:

(1) 447 Birchmount Road

It is recommended that City Council:

(A) Official Plan Amendment:

amend the Birchmount Park Employment District Secondary Plan with respect to the property located on the east side of Birchmount Road south of Parnell Avenue, by adding an Industrial District Commercial designation to the General Industrial Uses with High Performance Standards designation through the following Numbered Policy 4:

"(4) East Side of Birchmount Road South of Parnell Avenue

The Industrial District Commercial designation applies in addition to the General Industrial Uses with High Performance Standards designation.";

(B) Zoning By-law Amendment:

amend the Employment Districts Zoning By-law Number 24982 (Birchmount Park Employment District), as amended, with respect to 447 Birchmount Road, being Lots 6-13 and Part of Lot 14, Registered Plan 2176Y, as follows:

(i) permitted use: Industrial Uses (M);

Industrial District Commercial (MDC) (excluding vehicle repair garages and vehicle service stations)

(ii) additional permitted uses: Retail stores;

Personal service shops; Offices, including medical and dental offices;

(iii) minimum side yard setback 3 metres (10 feet);

(iv) minimum street yard setback 3 metres (10 feet);

(v) minimum rear yard setback 2.5 metres (8 feet);

(vi) maximum gross floor area 0.75 times the area of the lot;

(vii) all uses shall be subject to the minimum parking requirements of the Zoning By-law;

(viii) delete Exception 411, as it applies to this site; and

(C) authorize any unsubstantive technical, stylistic or format changes to the Official Plan and Zoning By-law Amendments as may be required to give effect to this resolution.

(2) Birchmount Road Study Area

It is recommended that City Council:

(A) Official Plan Amendment:

(i) Birchmount Park Employment District Secondary Plan:

amend the Birchmount Park Employment District Secondary Plan with respect to the properties on the east side of Birchmount Road between Parnell Avenue and Raleigh Avenue, by adding an Industrial District Commercial designation to the General Industrial Uses with High Performance Standards designation through the following Numbered Policy 4:

"4. East Side of Birchmount Road between Parnell Avenue and Raleigh Avenue

The Industrial District Commercial designation applies in addition to the General Industrial Uses with High Performance Standards designation.";

(ii) Oakridge Employment District Secondary Plan:

amend the Oakridge Employment District Secondary Plan with respect to the properties on the west side of Birchmount Road between Danforth Road and Mack Avenue, by adding an Industrial District Commercial designation to the General Industrial Uses with High Performance Standards designation through the following Numbered Policy 6:

"6. West Side of Birchmount Road between Danforth Road and Mack Avenue

The Industrial District Commercial designation applies in addition to the General Industrial Uses with High Performance Standards designation."; and

(B) authorize any unsubstantive technical, stylistic or format changes to these Official Plan Amendments as may be required to give effect to this resolution.

Background:

The subject property at 447 Birchmount Road is zoned General Industrial uses (M) permitting day nurseries, educational and training facility uses, industrial uses, places of worship, recreational uses and offices, excluding medical and dental offices. The site is under site plan control.

The applicant proposes to develop approximately 440 square metres (4,725 square feet) of offices on two floors of the existing building, approximately 130 square metres (1,400 square feet) of storage space on the main floor and approximately 70 square metres (750 square feet) of utility space in the basement. As indicated on Figure 2, the applicant proposes to convert the northerly portion of the building, formerly used as a warehouse, into an enclosed parking facility for 18 parking spaces to accommodate the required parking of this site.

A Site Plan Control Application (SC-S1999020) has been submitted by the applicant, detailing the proposed changes and improvements to the site.

At its meeting of May 11, 12, and 13, 1999, when considering the Preliminary Evaluation Report for these applications, Council directed staff to undertake a study encompassing all properties fronting on Birchmount Road (between Raleigh Avenue and Parnell Avenue on the east side and between Mack Avenue and Danforth Road on the west side), to determine whether additional land uses to complement the existing uses, would be appropriate in this area.

The Official Plan provides for General Industrial Uses with High Performance Standards on both sides of Birchmount Road, south of Parnell Avenue. In addition, there are two areas that are designated Industrial District Commercial (the south-west corner of Danforth Road and Birchmount Road and the north-east corner of Birchmount Road and Raleigh Avenue). Also, the vacant Keyvan site, extending from Danforth Road to Birchmount Road, was recently designated to provide for Industrial Commercial uses in addition to the General Industrial uses.

The area of Birchmount Road between Danforth Road and the Canadian National Railway consists mainly of low profile, high-coverage industrial buildings. On the east side of Birchmount Road there is an existing place of worship. No changes are proposed for this use. Several of the industrial properties along both sides of Birchmount Road are currently vacant. These include the north half of the building at 380 Birchmount Road and the properties and buildings at 400, 440 and 444 Birchmount Road. Also vacant is 375 Danforth Road, the Keyvan property, which extends to Birchmount Road.

Comments:

447 Birchmount Road

The applicant has requested permission for a number of additional uses such as offices, including medical and dental offices, financial institutions, service shops, personal service shops and retail stores, to provide flexibility for the future leasing of the property. The configuration of the existing building makes it appropriate for office uses, including medical and dental offices. The additional requested uses (financial institutions, service shops, personal service shops and retail stores) could be accommodated at a future redevelopment of the site.

The proposed 18 parking spaces would meet the minimum parking requirements of the Zoning By-law for the uses being proposed.

The Industrial District Commercial designation in the Official Plan provides for commercial facilities and services to service the people working and living in the area. Office Uses and Places of Worship are permitted in this designation. The Industrial District Commercial designation has been used successfully in other applications in this area. Staff recommend that the Industrial District Commercial designation be applied in addition to the General Industrial Uses with High Performance Standards designation to continue to provide for traditional employment opportunities.

The Industrial District Commercial (MDC) zone permits Day Nurseries, Financial Institutions, Offices, Places of Worship, Restaurants, Vehicle Repair Garages, Vehicle Sales Operations, Vehicle Service Garages and Vehicle Service Stations. It is proposed that service shops, personal service shops and retail stores be added to the list of permitted uses for this site.

Exception Number 411 of the Zoning By-law permits Open Storage in the rear yard, provided such storage is ancillary to Industrial Uses. The applicant's site plan indicates there is a 2.5 metre (8.2 foot) rear yard setback between the building and the property line. Since this property directly abuts existing houses fronting on Jeavons Avenue, open storage in the rear yard would be inappropriate. Staff therefore recommend that this provision be deleted from this site.

The existing minimum rear yard setback requirement is 3 metres (10 feet). The building has existed for many years with a 2.5 metre (8 foot) setback, without any adverse impact. Staff propose to recognize the 2.5 metre (8 foot) rear yard in the Zoning By-law at this time.

The proposed development would provide improved landscaping and remove street yard parking to better address the streetscape of one of the City's major thoroughfares, consistent with the policies of the Birchmount Park Employment District Secondary Plan.

Birchmount Road Study

Planning staff held a community information meeting on November 29, 1999, to review the current land uses and to canvass property owners regarding industrial trends and land use planning issues in this area. Eight property-owners and Councillor Ashton were in attendance. It was generally indicated that the area is in transition. Several industries have either closed or relocated leaving vacant buildings and unattended properties, while other property owners are leasing their properties to non-traditional industrial users such as auto-related operations. The vacant properties on Birchmount Road are cause of concern because of the potential loss of business in the area and the associated lack of maintenance. The consensus was that a broader mix of land uses in addition to the existing industrial uses would be beneficial in improving the current situation on this segment of Birchmount Road. Additional commercial uses such as offices, retail and wholesale activities, automotive parts and vehicle sales and repair (excluding auto body shops) would be acceptable.

Over the past few years the City has received various Official Plan and rezoning applications in this area, requesting a broader range of uses. Council has recognized the need for allowing some commercial uses through individual Official Plan and Zoning By-law amendments, in order to ensure continuing viability of the area.

It is proposed that the Official Plan be amended on both sides of Birchmount Road to permit the Industrial District Commercial designation in addition to the existing General Industrial Uses with High Performance Standards designation. This would provide for Day Nurseries, Financial Institutions, Offices, Places of Worship, Restaurants, Vehicle Repair Garages, Vehicle Sales Operations, Vehicle Service Garages and Vehicle Service Stations. Implementation of these uses on specific properties would require individual zoning applications and site plan review.

Conclusions:

The subject site has excellent road access and is near residential areas that generate the demand for the services being proposed. The proposed Official Plan and Zoning By-law amendments will expand the opportunity for the future development of this site by permitting more diversified employment opportunities and additional assessment to the City.

The introduction of additional land uses along both sides of Birchmount Road south of Danforth Road would potentially bring more investment to the area and revitalize this portion of Birchmount Road. Redevelopment in this area also has the potential of contributing to and improving the Birchmount Road streetscape.

Contact:

Aristotle Christou, Senior Planner

Telephone: (416) 396-5228

Fax: (416) 396-4265

E-mail: christou@city.scarborough.on.ca

The Scarborough Community Council submits, for the information of City Council, the following communication (December 28, 1999) from J. Lee, P. Eng., Joseph Lee Engineering Company Limited, on behalf of Mr. and Mrs. Kwan:

On behalf of Mr. and Mrs. Kwan, owners and occupants of 439 Birchmount Road, we wish to submit herewith an OPPOSITION to the above-captioned amendment to convert the current industrial use to commercial uses.

The reasons for the opposition are as follows:

1. Commercial activities on the small site (100 feet x 170 feet) will generate parking in great excess of that provided for by the zoning by-law. Inadequate on-site parking will undoubtedly encumber adjoining property owners who are mostly engaged in manufacturing.

2. Commercial activities will attract more traffic and people, thus increasing security risk for adjoining property owners.

3. Demand for commercial spaces in the neighbourhood is not evident. It is feared that under-utilized and vacant commercial buildings will quickly degenerate and adversely affect neighbouring properties.

The Scarborough Community Council submits, for the information of City Council, the following communication (January 5, 2000) from Abraham and Madeline Aghamanoukian:

We are the owners of property at 444 Birchmount Road, Abraham and Madeleine Aghamanoukian. We support the proposed changes at Birchmount Road because it improves the area bringing more business, investments, revenue and taxes to the City. Thank you for your consideration.

_________

Mr. Eduardo Manapul, the applicant, appeared before the Community Council and expressed support for the staff recommendations.

Councillor Altobello declared an interest in the foregoing matter in that his family owns a business in the area and took no part in the discussion or vote thereon.