Application for Amendment to the Etobicoke Zoning Code

297506 Ontario Ltd. (Millington & Associates), 1558 Kipling Avenue

File No. Z-2247

Ward 4, Markland-Centennial

The Etobicoke Community Council, after considering the deputations and the findings of fact, conclusions and recommendations contained in the following reports (October 14, 1998) from the Director of Community Planning, West District, and for the reason that the proposed amendment is an appropriate use of the property, recommends that

1.the following be added to Condition 4 of the Conditions to Approval:

(viii)An appropriate contribution for public art in accordance with the guidelines established by the Etobicoke Public Art Advisory Committee;

(ix)Consultation with the residents who participated in the community meeting process at the site plan stage; and

2.the application for amendment to Etobicoke By-law No. 14,834 and the Etobicoke Zoning Code to permit a 2-storey commercial development, consisting of a financial institution and professional offices, at the north-west corner of Kipling Avenue and Clement Road, be approved.

The Etobicoke Community Council reports having held a statutory public meeting 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 (October 14, 1998) from the Director of Community Planning, West District:

Purpose:

To consider an amendment to By-law 14,834 and the Zoning Code to permit a Commercial development consisting of 1312 m² (14,120 sq.ft.), for a financial institution and professional offices.

Funding Sources, Financial Implications and Impact Statement:

There are no funding sources or financial implications.

Recommendation:

It is recommended that the application by 297506 Ontario Ltd. (Millington & Associates) for amendment to the Zoning Code to permit a financial institution and professional offices at 1558Kipling Avenue be the subject of a Public Meeting to obtain the views of interested parties and, if approved, the conditions outlined in this report including the repeal of By-laws 14,834 and 1982-52, be fulfilled.

Background:

The 0.23 hectare site was rezoned in 1956 from Second Density Residential (R2) to Limited Commercial (CL) with permitted uses limited to a gas station only By-Law No. 14,834). An Esso gas station occupied the lands until its closure in 1995. Site decommissioning was conducted and the service building was demolished in 1996.

In 1982, Council passed By-law 1982-153 to permit a rental operation for 10 cars in conjunction with the gas station. In 1987, a rezoning application to permit redevelopment of the site for a convenience retail store and gas bar was submitted. However, the application was withdrawn when the proposal was viewed unfavourably by the community.

The current application, submitted in August, 1997, initially sought the re-instatement of all the uses listed under a Limited Commercial (CL) zoning category to be included within a one-storey, 7-unit retail plaza. Following a community meeting, and in response to residents' preference for a commercial office development, the applicants have now submitted a revised proposal for a two-storey commercial building consisting of a financial institution and professional offices.

Site Description and Surrounding uses:

The site, now vacant, has a frontage of 48.5m on Kipling Avenue and a flankage of 49.0 m on Clement Road (Exhibit No. 1). The lands fall generally to the south. A cedar hedge currently exists along the westerly lot line adjacent to the residential area.

Surrounding land uses are as follows:

North:Richmond Gardens Medical Centre zoned (CL)

South:Richview Baptist Church and senior citizen residence, totaling 299 units, zoned Sixth Density Residential (R6).

East:Across Kipling Avenue, single, detached dwellings zoned Second Density Residential (R2).

West:Single, detached dwellings zoned Second Density Residential (R2)

Proposal:

The applicants request zoning amendments to allow a commercial development with a floor area of 1 312 m² (14,120 sq.ft.). The site plan indicates a two-storey banking/commercial office building with a drive-through ATM machine, oriented toward the Kipling Avenue, Clement Road street lines. Parking would be located at the rear of the building. Access to the site would be via full function driveways off Clement Road and Kipling Avenue. Two existing driveways (off Kipling Avenue and Clement Road), associated with the former service station use, would be closed and the boulevards and sidewalks reinstated to City standards. A 1.6m (6 ft.) high solid masonry wall and landscaped strip (preserving the cedar hedge located along the westerly property line) would be introduced to buffer the parking area from the existing single family dwellings immediately to the west (ExhibitNo.2).

The following is a summary of relevant information:

Official PlanResidential Low Density

Zoning - ExistingLimited Commercial (CL)

(As amended by By-law 14,834 and By-law 1982-152.)

- ProposedLimited Commercial (CL), site specific

(For financial institutions and professional offices only)

Site area0.23 ha (0.57 ac)2 316 m² 24,927 sq.ft.

Gross Floor Area1 312 m²(14,120 sq.ft.)

F.S.I. 0.56

Building Coverage 650 m²7,000 sq.ft.(28%)

Landscape Open Space 401 m²4,315 sq.ft.(17%)

Paved Surface Area1264 m²13,613 sq.ft.(55%)

Building Height2 storeys8.5 m (28 ft.)

Parking Required

(@ 3 spaces/93 m²)42 spaces

Parking Provided38 spaces

Parking Shortfall 4 spaces

Comments:

Official Plan and Zoning Code:

The Official Plan designates the site Residential Low Density which permits a range of dwelling types and associated facilities including schools, churches, local parks, playgrounds and local commercial areas up to 0.4 ha in size. Given the limited area of the site (.23 ha), the proposal conforms to the Official Plan.

The site is zoned Limited Commercial (CL), but restricted to an automobile service station use only by By-law 14,834 which was amended by By-law 1982-153 also allowed a 10 car rental operation in conjunction with the service station. Approval of this proposal would necessitate the enactment of a site specific by-law to permit a financial institution with associated banking machine, and professional offices at this location.

In addition, relief would be required for the proposed building in terms of parking shortfall, and setback from Kipling Avenue (as the proposed building has to be in line with the existing medical building to the north or thirty percent of lot depth). Any amending by-law should also repeal the two existing site-specific by-laws.

Agency/Department Circulation

In response to the circulation of this application, Etobicoke Hydro, Realty Services and the FireDepartment have expressed no objections. Comments from Bell Canada, Canada Post and Toronto Hydro - Etobicoke Office, are attached as Exhibit Nos. 6, 7 and 9, respectively.

The former Metro Transportation Department requires that the Kipling Avenue access be a minimum of 9.0 metres wide and be restricted to in-right/out-right movements only, in addition they request that the easterly Clement Road access be closed, and that all curbs/public boulevards along KiplingAvenue and Clement Road be restored to City standards, with the applicants paying all costs. They further suggest that the proposed building be located adjacent to the KiplingAvenue/ClementRoad frontages, with parking provided to the rear of the building (ExhibitNo.3). The current site plan has addressed these requirements, with the exception of the Kipling Avenue driveway which is proposed to be a full access.

The Development Engineering Section of the Works Department's comments addressed services, storm water management, roads and sidewalks construction requirements, waste management and Environmental concerns. Since this is the site of a former gasoline service station, the Environmental Planning, Works and Emergency Services Department has advised that the peer review has concluded that the site is suitable for the proposed development. The applicants are, however, required to pay the cost of the peer review prior to issuance of the building permit (Exhibits Nos.4 and 5).

The Transportation Services Division, in response to the revised site plan requires the proposed Clement Road access be redesigned to reflect Etobicoke Engineering Standards. In addition, they require the applicant to eliminate the most southerly parking space located on the west side of the Clement Road driveway, and the Kipling Avenue access must be designed to prohibit left turn movements from northbound Kipling Avenue. The entrance of the drive-through automatic bank machine must also be modified.

The Division has accepted the four space parking deficiency but are concerned about uses permitted in CL zones that have the potential to generate parking demand in excess of on-site parking supply and recommended that those uses be prohibited (Exhibit No.8).

The project is subject to Site Plan Control which will provide staff the opportunity to review, in more detail, matters such as grading, landscaping, screen fencing, street planting, pedestrian linkages and building design.

Community Input

A community meeting was held on the initial plaza proposal on February 9, 1998, and was attended by the applicants, area councillors, staff and over 200 residents. The residents were opposed to the development of a plaza at this location. Their concerns include the type/numbers and kind of commercial uses and hours of operation proposed; need for stores at this location; garbage from a commercial plaza; future expansion opportunity; pedestrian (students and seniors) safety; traffic and noise increase; parking on street; intrusion into currently safe neighbourhood; and lack of guarantee that no obnoxious use would come in if initial tenants fail.

A Sub-committee consisting of local residents, councillors and staff was subsequently formed and a meeting held on February 24, 1998, to discuss community concerns. The Committee concluded that a commercial office development (with no food establishment) is the preferred development. August11, 1998, the applicants presented the subject proposal for a bank/office development to the Sub-committee. The proposal, with the exception of the location of the ATM machine, received support from this committee.

Conclusion:

The proposal is in compliance with the Official Plan policies for commercial uses in a residential designation. In terms of scale and land use compatibility, the proposal is considered suitable for this site. The applicants have attempted to address community concerns and staff therefore recommend that a Public Meeting be held to obtain views of surrounding property owners.

Should this application be approved, it is recommended that the following conditions apply:

Conditions to Approval:

1.Submission of a revised site plan showing revised parking and driveway designs (if required) in order to facilitate the preparation of a draft by-law.

2.The amending by-law shall repeal By-laws 14,834 and 1982-152, affirm the Limited Commercial (CL) zoning, and provide for the following inter alia:

(i)Permitted uses should be restricted to a financial institution with a ATM machine and professional offices only.

(ii)A maximum commercial floor space of 1 312 m² (14,120 sq.ft.).

(iii)Site specific standards related to minimum parking, building and parking setbacks.

(iv)Maximum height of two storeys.

3.Under the Site Plan Control review process, the applicant shall address the following matters:

(i)Signing of a Site Control Agreement, including an indemnification clause saving the City harmless and indemnifying the municipality from any claims, actions or causes of action arising by virtue of the presence of any on-site or off-site environmental contamination, and payment of the necessary fees associated with the preparation, execution, and registration of same.

(ii)Payment of fees for peer review to the satisfaction of the Works Department.

(iii)The signing of a Servicing Agreement to the satisfaction of the Development Engineering Section of the Works Department, if required.

(iv)Submission of detailed site and landscaping plans illustrating grading, drainage, lighting, fencing, landscaping, fire route, waste disposal/recycling facilities, roof-top screening, revised parking layout, security measures, and an appropriate financial guarantee, to the satisfaction of the Staff Advisory Committee on Development Control.

(v)Resolution of matters relating to the realignment of the proposed driveway from Kipling Avenue, to the satisfaction of the Metropolitan Toronto Transportation Department and Transportation Planning Section of the Works and Emergency Services Department, respectively.

(vi)Requirements of Etobicoke Hydro and Bell Canada to be satisfied.

(vii)Provision of barrier free access.

Contact Name:

Lorna Hahn, MCIP, RPP

Planner, Development and Design

Tel: (416) 394-8232, Fax: (416) 394-6063

(Copies of Exhibits Nos. 1-9, referred to in the foregoing report were forwarded to all Members of Council with the agenda of the Etobicoke Community Council meeting of December 9, 1998, and copies thereof are on file in the office of the City Clerk.)

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The following person appeared before the Etobicoke Community Council in support of the application:

-Mr. A. Debono, Etobicoke.