Official Plan Amendment Application SP98010

Zoning By-law Amendment Application SZ98017

699982 Ontario Ltd., 4730-4736 Sheppard Avenue East

Marshalling Yard Employment District

Ward 18 - Scarborough Malvern

The Scarborough Community Council, after considering the deputations and based on the finding of fact, conclusions and recommendations contained in the report, dated November 16, 1998, 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 December9, 1998, in accordance with Section 17 and 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 Scarborough Community Council submits the following report (November 16, 1998) from the Director of Community Planning, East District:

Purpose:

This report presents recommendations to amend the Marshalling Yard Employment District Secondary Plan and to amend the Employment Districts Zoning By-law (Marshalling Yard Employment District), for the lands located on the north side of Sheppard Avenue east of McCowan Road, as shown on the attached Figure, as follows:

(1) To amend the Zoning By-law by deleting the current "Industrial Commercial Zone (MC)" on the westerly portion of the subject lands (the watercourse lands) and replacing it with an "Open Spaces Zone (O)", as shown on Figure 3.

(2)To amend the Official Plan and Zoning By-law by adding permission to construct restaurants on the remaining portion of the subject lands, in addition to the existing permitted uses. The owner also proposes to increase the existing density permission.

Recommendations:

It is recommended that City Council:

(A)Official Plan:

amend the Marshalling Yard Employment District Secondary Plan, with respect to the property located on the north side of Sheppard Avenue east of McCowan Road, known municipally as 4730 - 4736 Sheppard Avenue, being Part of Lot 22, Concession 3, by adding the following Numbered Policy:

"North Side of Sheppard Avenue east of McCowan Road

Restaurants are permitted within the Industrial Commercial designation.";

(B)Zoning By-law:

amend the Employment Districts Zoning By-law Number 24982 (Marshalling Yard Employment District), as amended, with respect to the lands located at 4730 - 4736 Sheppard Avenue, being Part of Lot 22, Concession 3, as follows:

Easterly Portion of the Subject lands:

(1)that "Restaurants" be added as a permitted use to the existing Exception applying to the easterly portion of the subject lands;

(2)the existing Performance Standards are to be deleted and replaced as follows:

(a)gross floor area of all buildings shall not exceed 0.5 times the area of the lot;

(b)gross floor area of all Restaurants shall not exceed 790 square metres (8,504square feet);

(c)gross floor area of any individual Restaurant shall not exceed 465 square metres (5,000 square feet);

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

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

(f)minimum rear yard setback 7.5 metres (25 feet);

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

Westerly Portion of the Subject Lands:

(1)that the existing "Industrial Commercial Zone (MC)" which applies to westerly portion of the subject lands be deleted and replaced with an "Open Spaces Zone (O)", as shown on Figure 3; and

(C)Miscellaneous:

authorize such unsubstantive technical, stylistic or format changes to the Official Plan and Zoning By-law amendments as may be required to properly carry out the intent of this resolution.

Background:

A Site Plan Control Application has been submitted in support of this application, indicating two construction phases:

Phase 1, as shown on Figure 2 includes the construction of a 261 square metre (2,810 square feet) restaurant and a 1 188 square metre (12,788 square feet) vehicle repair garage (Buildings A and C), in addition to the existing buildings which are comprised of 3 381 square metres (36,394 square feet) of gross floor area (Buildings B, E and F). A total of 220 parking spaces are proposed.

Phase 2, as shown on Figure 3 entails the demolition of 1 201 square metres (12,928 square feet) of gross floor area (Buildings E and F). These buildings are to be replaced with a 496 square metre (5,339 square feet) restaurant and a 1,524 square metre (16,405 square foot) vehicle repair garage. A total of 246 parking spaces are proposed.

Upon completion of both Phases, it is proposed that there will be a total of 757 square metres (8,149square feet) of gross floor area for restaurants and 4,892 square metres (52,659 square feet) of gross floor area for vehicle repair garages.

The lands are designated Industrial Commercial which permits commercial facilities having outdoor storage, industrial and warehousing uses with a small commercial component.

These lands are also subject to the Business District Policies of the Official Plan, which require that when considering zoning amendments to permit offices, sufficient road capacity, a reasonable level of public transit and compatibility with neighbouring uses are to be considered. Under these policies, the Office Uses designation applies, thus permitting Commercial Uses (Retail Sales and Services) as a secondary use to offices, as well as business services, social service uses and educational facilities. The Plan also establishes a maximum height of 12 metres (39 feet) for office buildings on lands designated for industrial uses. The proposed Restaurant is not permitted under the Business District policies of the Official Plan given that offices are not the primary use proposed for these lands.

The lands are zoned "Industrial Commercial (MC)" permitting a wide range of uses, however by way of exception, the property is restricted to the following uses: Marketplace Signs, Places of Worship, Vehicle Repair Garages, Vehicle Sales Operations and Vehicle Service Stations.

Comments:

Staff propose to delete the existing "Industrial Commercial Zone (MC)" and add an "Open Spaces Zone (O)" to the westerly portion of the subject lands. This would ensure that the watercourse lands are protected from future industrial development. The owner has also agreed to dedicate a 0.45hectare (1.1 acre) parcel of land to the City of Toronto, as shown on Figure 3. The owner would dedicated this land to the City of Toronto at the time the Site Plan Control application is approved.

The owner has submitted a Site Plan Control application which addresses the concerns identified in the Preliminary Evaluation Report. All garbage rooms are to be located within buildings, the proposed parking areas would be screened by buildings or with landscaping material and the proposed restaurant along Sheppard Avenue will help to provide a continuous edge along Sheppard Avenue which will visually enclose and define the public street space.

At the request of the Works and Emergency Services Division the owner has agreed to provide a monitoring report on parking demand versus supply after the completion of Phase 1 and before the construction of Phase 2. Upon completion of Phase 2 the owner will provide 245 parking spaces which is in excess of the minimum requirements of the Zoning By-law. An additional 80 secured parking spaces are to be provided at the rear of the site. This area will be used to store vehicles currently being repaired.

The owner has requested to increase the density permission on the site. The existing density permissions over the entire site permits a maximum gross floor area for all buildings of 0.4 times the area of the lot, including the watercourse lands which are to be dedicated to the City of Toronto. The owner now proposes a maximum density of 0.5 times the area of the lot. In essence, the owner has requested permission to remove the permitted density from the watercourse lands and place it on the easterly portion of the lands to be retained by the owner. It is appropriate that the density be increased, given that the majority of the surrounding sites currently have permission to construct buildings having a maximum density of 0.5 times the area of the lot and given that the owner has agreed to dedicate at no cost to the City of Toronto 0.45 hectares (1.1 acres) of land.

The owner has also agreed reduce the size of the Phase 2 restaurant, so that it would comply with the proposed cap of 465 square metres (5,000 square feet), requested by one of the Ward Councillors.

Conclusions:

The proposed Official Plan and Zoning By-law Amendments are appropriate as they would provide the owner additional flexibility in leasing the premises, would provide for street scape improvements along Sheppard Avenue at this prominent location and would enhance both the City's employment and tax bases.

Contact Name:

Victor Gottwald, Acting Senior Planner

Phone: (416) 396-5004

Fax: (416) 396-4265

E-Mail: gottwald@city.scarborough.on.ca

Mr. Patrick Chan, Architect, appeared before the Community Council in connection with the foregoing matter and expressed support for the staff recommendations.

The Scarborough Community Council submits, for the information of Council, the following communication (December 8, 1998) from Dave Beaumont, President, C.D.Farquharson Community Association:

At our Association Executive meeting on December 1, 1998, we reviewed the above-noted application. We wish to register an objection to the proposal at this time as we had neither the time nor the opportunity to review it appropriately with the applicant.

There is a concentration of restaurants in our immediate community and we want to ensure that this particular proposal is in the best interests of our residential neighbourhood, which is in close proximity to the subject lands. Our Association principles govern the appropriateness of development based on the following criteria: 1) comprehensive 2)compatible 3) no density increase and 4) no more restaurant uses prior to relevant studies and sufficient consultation with our community.

We request, then, that the Community Council not approve this application unless all four of our community's conditions are met. We welcome a meeting with staff, the applicant and our ward councillors to address particular concerns we have about restaurants in an over-saturated market and related issues of parking, waste disposal, litter, and our larger concern of this setting a precedent for even more restaurants in the future. Our next Association Executive meeting is Tuesday, January 5, 1999 at 7:30 p.m. at the school, 1965 Brimley Road.

Thank you for your attention.