Zoning By-law Amendment Application SZ98004

Shell Canada Products Limited

6715, 6727 and 6731 Kingston Road

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 January 7, 1999, from the Director of Community Planning, East District, recommends that the report of the Director of Community Planning, East District, be adopted, subject to amending Recommendation No. (2) (a) by deleting "(ii) marketplace signs", so that Recommendation No. (2) (a) shall now read as follows:

"(2)amend the Rouge Community Zoning By-law No. 15907, as amended, with respect to the property located on the south side of Kingston Road, being Part of Lot 1, Concession 2 and Part of Lots 1 and 2, Registered Plan 3372, municipally known as 6715, 6727 and 6371 Kingston Road, to extend the existing Highway Commercial (HC) Zone to encompass the entire subject property with the following specific provisions:

(a)uses permitted:

(i)automotive service stations;

(ii)retail stores, not exceeding 185 square metres

(2,000squarefeet);

(iii)mechanical or automatic car wash;".

The Scarborough Community Council reports having held a statutory public meeting on February 17, 1999, 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 (January 7, 1999) from the Director of Community Planning, East District:

Purpose:

To report on an application to rezone the lands owned by Shell Canada Products Limited, identified in Figure 1. The proposed Zoning By-law amendment would expand the existing Highway Commercial zone to encompass the entire site and would add retail stores and an automatic car wash as permitted uses, limiting the amount of retail stores to a maximum of 185 square metres (2,000square feet).

Recommendations:

It is recommended that City Council:

(1)amend the Agricultural Holding By-law No. 10217, as amended, so that this By-law ceases to apply to the lands being Part of Lot 1, Concession 2, Registered Plan 3372 municipally known as 6715 and 6727 Kingston Road.

(2)amend the Rouge Community Zoning By-law No. 15907, as amended, with respect to the property located on the south side of Kingston Road, being Part of Lot 1, Concession 2 and Part of Lots 1 and 2, Registered Plan 3372, municipally known as 6715, 6727 and 6371 Kingston Road, to extend the existing Highway Commercial (HC) Zone to encompass the entire subject property with the following specific provisions:

(a)uses permitted:

(i)automotive service stations;

(ii)marketplace signs;

(iii)retail stores, not exceeding 185 square metres (2,000 square feet);

(iv)mechanical or automatic car wash;

(b)building streetyard setback 3 metres; and

(3)authorize such unsubstantive or format changes to the Zoning By-law, as may be necessary to give effect to this resolution.

Background:

Shell Canada Products Limited proposes to refurbish and expand the existing service station and to build a 152 square metres (1,636 square feet) car wash and a 185 square metres (2,000 square feet) convenience store on the property shown in Figure 1. The 0.49 ha (1.2 acres) site consolidates the existing Beaver Fuels gas station site, currently zoned Highway Commercial permitting only automotive service stations and Market place signs, with the abutting parcel currently occupied by two old vacant structures, which is zoned for Residential uses (Agricultural Holding By-law).

A Preliminary Evaluation Report was considered by City Council at its July 29, 30 and 31, 1998 meeting. That report recommended that the applicant be required to file a site plan control application and that staff convene a Community Information Meeting upon submission of the site plan control application. Concerns raised in that report included comprehensive redevelopment of the site, access, Ministry of Transportation building setback requirements and built form and landscaping. City Council further directed staff to expand the area of notification for the public information meeting.

An application for site plan control was submitted late in the fall of 1998 and it is currently under review (Figures 2, 3 and 4). A public information meeting was called for December 7, 1998. Notice of this meeting was sent to approximately 1,000 households. The meeting, however, was adjourned as no residents attended the meeting.

Councillor Moeser expressed a concern about the possibility of this site becoming a used car lot. The sale of automotive vehicles is not permitted under the current By-law and no changes are proposed to this provision. Ms. Pat Brooks, President of Rouge Valley Ratepayers Association, expressed concerns about traffic in the area. The proposed site plan proposes access improvements, including modifications to the signal plant at Rylander Boulevard. Functional and operational issues of the site are to be resolved prior to approval of the site plan.

Built form is an issue which was identified in the Preliminary evaluation report, as this site is located at a significant City gateway. The proposed building elevations (Figures 3 and 4) do not offer the built form design quality that this location deserves. Staff will continue to negotiate with the applicant on a suitable built form for this site.

Conclusion:

Approval of this Zoning By-law amendment would permit redevelopment of this site located at the first Highway 401 westbound access to the City and would provide an opportunity to improve the streetscape of this stretch of Kingston Road.

Contact Name:

Alicia I. Bulwik, MCIP, RPP

Senior Planner, Community Planning Division

Phone: (416) 396-7023

Fax: (416) 396-4265

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

The Scarborough Community Council reports, for the information of City Council, having received the following communication (undated) from Mr. Abel Van Wyk, President, Kingston Ellesmere Residential Action Group - Incorporated:

Simultaneously with your considerations to change the By-law, so the area along Kingston Road, directly east of the 401 overpass, can be developed, our residents, of the area directly west of it, are in an Appeal Hearing before the OMB, appealing OPA988 -- in effect, trying to get rid of the HC businesses, that are there contrary to the OP, that states the neighbourhood should be all-Residential, however the By-law [not conforming to the OP] allows it.

Already in November of 1990, that area east of the 401 overpass was indicated in our "Appeal to the Minister" to be a feasible re-location site for the illegal businesses in the midst of our wholly Residential neighbourhood.

In our Appeal we asked the OMB to consider this option for a solution.

We ask you to defer your decision, so that -- if the Chairman of our OMB Hearing would decide to have the businesses from our neighbourhood re-located to east of the 401 overpass -- the two projects may be co-ordinated, to benefit all concerned.

The Scarborough Community Council reports, for the information of City Council, having received the following communication (February 12, 1999) from Mr. William Dempsey, Honorary Secretary, Centennial Community and Recreation Association:

In this location, there is a modest farm house, probably about a hundred years old, formerly owned by the late Alf White which had been in the family for a space of five generations. Has any consideration been given to the possibility of retaining this heritage house as a part of the proposed business enterprise. I shall be in attendance at the meeting.

Ms. Sharyn Vincent, Vincent Planning and Development Consultants, appeared before the Community Council on behalf of Shell Canada Limited, and expressed support for the staff recommendations, including the proposed amendment. Ms. Vincent also addressed the concerns of Mr. Dempsey respecting the farmhouse located on this site and explained that the Toronto and Region Conservation Authority would not permit preservation of this building at this site since it violates the minimum setback requirements established by the T.R.C.A.

Mr. William Dempsey appeared before the Community Council on behalf of the Centennial Community and Recreation Association, expressing support for the concept proposed by Shell Canada and reiterating his concerns expressed in his aforementioned communication respecting the farmhouse on the site.