June 24, 1998

To:Chairman and Members, Etobicoke Community Council

From:Karen V. Bricker, MCIP, Commissioner of Urban Development

Subject:Public Meeting - 1051234 Ontario Limited

7 McIntosh Avenue

File No:Z-2264(Lakeshore-Queensway)

Purpose:

To consider an amendment to the Etobicoke Zoning Code to permit the use of part of a residential property municipally known as 7 McIntosh Avenue for commercial parking in conjunction with an existing, neighbouring restaurant at 624A and 624B The Queensway.

Funding Sources, Financial Implications and Impact Statement:

City funding is not required. There are no impacts on capital or operating budgets.

Recommendation:

It is recommended that the application by 1051234 Ontario Limited be the subject of a Public Meeting to obtain the views of interested parties and, if approved, that the conditions outlined in this report be fulfilled.

Background:

On September 14, 1989 and March 14, 1991, the Committee of Adjustment (decision numbers A-375/89 and A-68/91) authorized minor variances from the Zoning Code's parking regulations to permit an expansion of a restaurant (Mamma Martino's) at 624 The Queensway (Exhibit No. 2). The decisions permitted a reduction in required parking from 27 spaces to 15 spaces. The applicant made payment to the City for cash-in-lieu of parking for 5 automobile parking spaces. The actual supply of parking available on-site is 10 spaces (7 spaces at the front of the building on The Queensway and 3 spaces at the rear of the building).

In March of 1997, the Ontario Municipal Board approved another variance application which permitted a patio enclosure as well as a further parking shortfall subject to the fulfillment of conditions. These conditions included the construction of a 3.0 m (10 ft.) wooden fence along the east and north property line of the subject property and the "beautification" of the applicant's other property at 620 The Queensway. The fencing has been installed as required; however, the improvements to 620 The Queensway have not been completed.

Site Description and Surrounding Uses:

The subject site is located on the east side of McIntosh Avenue north of The Queensway (Exhibit No. 1). It is occupied by a detached single family dwelling and detached two-car garage.

Surrounding zoning and land uses are as follows:

North:Second Density Residential (R2) - single family dwellings fronting onto McIntosh Avenue

South:Limited Commercial (CL) - multiple tenancy commercial building fronting onto The Queensway and single family dwellings

East:Second Density Residential (R2) - single family dwellings fronting onto Burma Drive

West:Second Density Residential (R2) - single family dwellings fronting onto McIntosh Avenue

Proposal:

1051234 Ontario Limited is seeking an amendment to the Residential Second Density (R2) zoning to permit the use of part of the residential property at 7 McIntosh Avenue for commercial parking (7 spaces) in conjunction with the existing, neighbouring restaurant at 624A and 624B The Queensway. The existing dwelling, garage, and driveway are intended to be retained (Exhibit No. 2).

Access to the parking spaces would be provided from McIntosh Avenue via the existing public lane. The lane services the commercial properties fronting onto The Queensway.

Three tandem parking spaces are proposed along the south side of the existing single family dwelling immediately abutting the public laneway; an additional four spaces are proposed in the rear of the subject property (Exhibit No. 3).

The following is a summary of information relevant to this application:

Official Plan: Low Density Residential

Zoning Code:

Existing Second Density Residential (R2)

ProposedSecond Density Residential (R2) - Site Specific

Site Area: 557 m² (6, 000 sq. ft.)

Retained for 373 m²(4, 013 sq. ft.)

Residential Use

Proposed Parking184 m²(1, 987 sq. ft.)(incl. 7 automobile parking spaces)

and Landscaping

Comment:

Official Plan:

The subject property is designated Low Density Residential in the Etobicoke Official Plan which permits a variety of low rise housing forms and retail and office developments up to 1 000 m² (10, 764 sq. ft.), of a type, scale and orientation related to residents in the immediate area.

The property abuts a Commercial-Residential Strip designation situated along The Queensway. The Official Plan policies for such designations (Section 4.4.7 - Permitted Uses and Scale) permit the incorporation of adjacent properties, without amendment to the Official Plan, where existing commercial development directly abuts residential uses to the rear without separation by a service lane. Amendments to the zoning may be made provided adequate landscaping and screening are provided to buffer the parking, loading and other such areas from the residential uses.

The application is consistent with the relevant policies and initiatives of the former Metropolitan Toronto Official Plan.

Zoning Code:

The site is zoned Second Density Residential (R2) which limits development to single family dwellings. An amendment to the (R2) zone is required in order to permit commercial parking.

Discussion:

The applicant is proposing to augment the existing parking at 624 The Queensway by using the residential property at 7 McIntosh Avenue for seven commercial parking spaces in the side and rear yards while retaining the single family dwelling (Exhibit No. 2).

The existing single family dwelling will retain its existing driveway and detached garage located at the rear of the property as well as a small area of private yard at the rear. By re-installing the front yard landscaping, the applicant would eliminate one parking space (Space No. 1 on Exhibit No. 3). This would partially screen the parking area and re-inforce the residential character and streetscape for the property. This would also allow the applicant to lengthen the tandem spaces in accordance with Zoning Code standards (Exhibit No. 3).

While the current application represents an attempt to provide additional parking a revised site and landscape plan should be submitted and financial guarantees should be posted prior to Council's consideration of a by-law. Lighting details would also be required at this time to ensure illumination is directed away from residential properties.

A comprehensive plan of all of the applicant's land holdings in the immediate area should be submitted to indicate how they will be utilized in the context of staff's recommendation and in accordance with the Ontario Municipal Board Decision No. V960436 respecting 620 The Queensway. Such a plan should indicate how all parking and loading areas would function and how screening would be incorporated.

On February 18, 1998, Etobicoke Community Council received a Preliminary Report in connection with this proposal and requested that the Commissioner of Urban Development include, within any subsequent report, comments with respect to the removal of a mature tree on the property and whether all necessary permits have been issued for the use of the enclosed patio area associated with Mamma Martino's Restaurant.

Forestry Division staff advise that a mature tree located on public property had been removed. This tree, however, had been inspected by the Forestry Division and was determined to be dying. The City Solicitor advised that legal action was not warranted in connection with this matter.

With respect to the enclosed patio located on the east side of 624A The Queensway, staff note that construction proceeded under Building Permit No. 82577, issued on April 25, 1997, and that the site remains under inspection.

Agency/Department Circulation:

In response to the circulation of plans submitted in support of the application, Fire Department, Development Engineering Works Department, Toronto Hydro, Realty Services, and the Health Department have expressed no concern or objection to this application.

The Traffic and Transportation Section of the Works Department has reviewed the proposal and have advised that Mamma Martino's Restaurant (624A and 624B The Queensway) complies with existing parking requirements by virtue of previous minor variances and payment-in-lieu of parking approvals. The parking that the applicant proposes at 7 McIntosh Avenue will be additional parking which will augment the parking supply in the vicinity of 624 The Queensway (Exhibit No. 4).

Community Meeting:

A community meeting was held on March 26, 1998, at which time approximately 40 area residents reviewed and commented on the proposed application. Residents expressed concerns regarding existing commercial traffic congestion in the area and pedestrian safety, environmental impacts (i.e., noise, air quality), by-law enforcement practices, effects on property values, and removal of tree(s) on City property.

Conclusion:

It is the opinion of Urban Development staff that the use of a portion of this single family residential lot for six commercial parking spaces to support the existing commercial uses at 624A and B The Queensway is acceptable. The use could be accommodated with limited impact on adjacent properties and could serve to relieve some of the parking problems currently experienced by the neighbourhood. Staff note that a parking area created in this manner would be consistent with other Council initiatives for the creation of municipal parking lots located within similar land use contexts.

Staff recommend that a landscape plan and financial guarantees be required prior to Council's consideration of the amending by-law. Staff further recommend that lighting details be submitted at this time to ensure that all illumination is directed away from adjacent residential properties.

The applicant should also submit a comprehensive plan of all of his land holdings within the immediate area detailing their current and intended use in the context of staff's recommendation and in accordance with the Ontario Municipal Board Decision No. V960436 respecting 620 The Queensway, prior to the approval of the by-law.

It should also be noted that the additional parking spaces proposed are to be used in conjunction with the existing restaurant operation. Any future expansion of the restaurant would have to be evaluated on the basis of the total parking supply required, among other matters.

Conditions to Approval:

1.Fulfillment of the following conditions by the applicant prior to the enactment of the amending by-law:

(i)The applicant shall submit a revised site plan and landscape plan for 7 McIntosh Avenue detailing the proposed fencing, lighting, curbing, grading and planting to the satisfaction of the Staff Advisory Committee on Development Control, and shall post a financial guarantee to ensure completion of same.

(ii)The applicant will submit a comprehensive plan of all of his land holdings within the immediate area detailing their current and intended use in the context of staff's recommendation and in accordance with the Ontario Municipal Board Decision No. V960436 respecting 620 The Queensway.

2.The Second Density Residential (R2) zoning affecting the property municipally known as 7 McIntosh Avenue be amended to include commercial parking as a permitted use, in conjunction with the commercial establishment at 624 The Queensway with development standards to reflect the revised plans.

Contact Name:

Paulo Stellato, MCIP, RPP - Tel: (416) 394-6004, Fax: (416) 394-6063

Planner-South District, Development and Design

Karen V. Bricker, MCIP

Commissioner of Urban Development

Etobicoke District