Application for Amendment to the Zoning Code - Toys R Us,

690 Evans Avenue - File No. Z-2260

The Etobicoke Community Council, after considering the findings of fact, conclusions and recommendations contained in the following report (April 1, 1998) from the Commissioner of Urban Development, Etobicoke District, recommends that the application by Toys R Us for amendment to the Etobicoke Zoning Code to permit an additional 3 863 m5 (41,580 sq. ft.) of retail uses on lands at the north-east corner of Evans Avenue and Sherway Gate be approved, in principle, subject to fulfillment of the conditions outlined in the report (April 1, 1998), as amended by the following:

(1)that Condition 1(a) be deleted;

(2)that the applicant enter into an agreement with the City of Toronto to ensure compliance with the Urban Design guidelines in the Sherway Centre Secondary Plan;

(3)that the applicant/Urban Development staff continue to consult with the affected parties about the the design of the future facility; and

(4)that Urban Development staff submit a report to the Etobicoke Community Council on the issue of development charges, and also whether the current exemption of commercial and industrial development in force in the former City of Etobicoke should be repealed.

The Etobicoke Community Council reports having held a statutory public meeting on May 6, 1998 in accordance with Section 34 of the Planning Act, and that appropriate notice of this meeting was given in accordance with the Planning Act and the regulations thereunder.

The Etobicoke Community Council submits the following report (April 1, 1998) from the Commissioner of Urban Development Etobicoke District:

Purpose:

Proposed amendment to the Etobicoke Zoning Code to permit an additional 3863 m² (41,580 sq. ft.) of retail uses on lands at the north-east corner of Evans Avenue and Sherway Gate.

Funding Sources, Financial Implications and Impact Statement:

City funding is not required.

Recommendation:

It is recommended that the application by Toys R Us for amendment to the Etobicoke Zoning Code to permit an additional 3863 m² (41,580 sq. ft.) of retail uses be the subject of a Public Meeting to be held by the Etobicoke Community Council to obtain the views of interested parties and, if approved, the conditions outlined in this report be fulfilled.

Background:

Toys R Us owns a 1.64 ha (4.05 ac) site at the north-east corner of Evans Avenue and Sherway Gate (Exhibit No. 1). The site contains a 3863 m² (41,580 sq. ft.) Toys R Us retail toy store with related parking. Public access is from Sherway Gate to the west. A private agreement with the adjacent Sherway Gardens Shopping Centre also permits access from the Sherway Gardens ring road to the north.

Surrounding land uses consist of the Sherway Gardens Shopping Centre to the north; Evans Avenue and the Q.E.W. to the south; the Q.E.W. to the east and Sheridan Nurseries to the west.

Proposal:

The applicant, Toys R Us, is seeking a zoning amendment to permit the development of an additional 3863 m² (41,580 sq. ft.) of retail space in the form of a second storey above the existing store. Required parking the for addition is proposed as part of the two storey structure on the north side of the retail store and includes underground and rooftop parking (Exhibit 2a and 2b).

The following is a summary of relevant information:

Official Plan:

Existing:Mixed Use B, Site Specific policy allowing retail uses.

Zoning:

ExistingLocal Commercial (CL) Site Specific limiting uses

ProposalLocal Commercial (CL)

Site Area1.64 ha (4.05 ac)

G.F.A.

Existing3863 m² (41,580 sq. ft.)

Proposal3863 m² (41,580 sq. ft.)

Total7725 m² (83,160 sq. ft.)

F.S.I.0.47

Parking:Required418

Provided 425Deck160

Surface227

Underground 38

Comment:

Official Plan:

The proposal conforms with the Official Plan as amended by the Sherway Centre Secondary Plan. Section 4.3.18 of the Official Plan sets out criteria to be considered in applications for enlarging a retail site through rezoning or Official Plan amendment. The applicant has submitted a traffic study to Transportation Planning and Ontario Ministry of Transportation for review. No market analysis is required since the application is for a development of less than 6908 m² (75,0000 sq. ft.) and does not include a food or drug component of more than 1858 m² (20,000 sq. ft.). It is staff=s opinion that the proposed expansion satisfies the criteria in Section 4.3.18.

Zoning Code:

The site is zoned Limited Commercial (CL) with permitted uses limited, through two site specific by-laws, to horticultural uses and a specialty retail store for selling toys, childrens goods and furniture, sporting goods, recreational and electronic equipment in a maximum building size of 3900 m². Consequently, an amendment is required to permit additional retail space and uses.

Agency/Department Circulation:

In response to the circulation of a conceptual site plan submitted in support of this application, no ojections have been expressed. However, certain matters need to be addressed prior to further development of these lands through site plan approval.

The Fire Department notes that fire hydrants and a fire access route will be required.

The Ontario Ministry of Transportation requires a minimum setback of 13.7 m (45 feet) from a highway property boundary and submission of a traffic study and a drainage plan.

The Transportation Planning section of the Works Department requested a traffic study and is presently reviewing that study. Verbal comments suggest that restrictions on some uses may be necessary. The review of that study should be complete in time for staff to present a supplementary report, if required, at the recommended public meeting on this application.

Parks and Recreation indicates that cash-in-lieu of parkland should be applied and a landscape plan is to be submitted and address planting on public boulevards in the area.

The highly visible location of this property makes it a candidate for consideration with regards to a contribution to public art.

Urban Design Considerations:

This application is still in the conceptual stage. It does not include a detailed site plan and building elevations showing the precise architectural treatment of the expanded building and related parking structure. Consequently, the site plan approval process will be particularly important in ensuring a high standard of urban design recognizing the urban design guidelines appended to the Sherway Centre Secondary Plan. Should this application be approved therefore, staff suggest such approval be given in principle and finalization of the by-law await the submission of a Site Control approval application.

In responding to other recent zoning amendment applications in the Sherway area, it has been acknowledged that a development charge would be applicable. That should also apply to this development proposal when a building permit is being issued.

Conclusions:

This application has been evaluated within the contect of the Official Plan, as amended by the Sherway Centre Secondary Plan, and is consistent with the objectives of those documents. Staff conclude that the proposed expanded retail uses are acceptable for the site. Should this application be approved, the following conditions should apply.

Conditions to Approval:

1.Prior to the amending by-law being adopted the applicant to:

a)submit a Site Plan Approval application; and

b)meet the requirements of the Transportation Planning section of the Works Department.

2.The amending by-law shall reaffirm the Limited Commercial (CL) zoning of the property, permit the full range of retail uses under that zoning category and address development standards with respect to building size, building height, setbacks and parking requirements.

Contact Name:

Ed Murphy, Planner-Urban Development Department

Tel: (416)394-8234, Fax (416)394-6063

The Etobicoke Community Council reports having had before it the following communication:

-(April 24, 1998) from Mr. V. N. Lind, Urban Land Consultant, on behalf of Sheridan Nurseries Limited, with respect to the impact of the proposed location of the parking structure.

The following individuals appeared before the Etobicoke Community Council with respect to the foregoing matter:

-Ms. R. Houser, Solicitor, on behalf of Toys R Us.

Ms. Houser asked that the Etobicoke Community Council endorse the report with one exception, that being the deletion of condition 1(a) which requires the Site Plan Aproval application to be submitted prior to enactment of the amending by-law. Ms. Houser advised that there are ongoing discussions with neighbouring owners with respect to site plan issues; however, the zoning needs to be in place to facilitate these discussions.

-Mr. V. Lind, Urban Land Consultant, on behalf of Sheridan Nurseries Limited.

Mr. Lind expressed his client=s concern with the proposed location of the parking structure projecting out towards a prime corner of the Sherway Ring Road; asked that it be given more consideration; and made reference to Urban Design statements which relate specifically to this type of parking structure and the conformity of the proposal to these guidelines.

 -Mr. P. Peterson, Solicitor, on behalf of Sherway Centre and Addison Properties.

Mr. Peterson expressed a concern about road improvements and how the applicant would contribute to these improvements, stating that there are circulation and access issues to which the applicant should make a fair share contribution. Mr. Peterson indicated that the agreement in principle is not appropriate as there is insufficient information on how the application will affect adjacent lands.

(Copies of the exhibits referred to in the foregoing report are on file in the office of the City Clerk, Etobicoke Civic Centre)