January 21, 1998

To: Scarborough Community Council

From: Lorne Ross, MCIP, RPP Commissioner of Planning and Buildings

Subject: PRELIMINARY EVALUATION REPORT

Zoning By-law Amendment Application - Z97061

Site Plan Control Application - S97152

Juhan Holdings Inc.

5739, 5741, 5743 and 5745 Finch Avenue East

Block B, Registered Plan M-1667

Malvern Community

Scarborough Malvern - Ward 18

Purpose:

Juhan Holdings Inc. has submitted a Zoning By-law Amendment application to remove the existing site specific exception which restricts the commercial uses permitted on the site. The owner is seeking permission to permit all the uses permitted in the ANeighbourhood Commercial (NC)@ Zone, excluding Automobile Service Stations. Uses permitted would be as follows: Day Nurseries, Retail Stores, Financial Institutions, Personal Service Shops and a sit down & take out coffee and donut shop.

In addition, a Site Plan Control application has been submitted which proposes to realign the existing parking layout and to add a new driveway entrance to Finch Avenue East. No external alterations are to be made to the existing building.

Recommendations:

That the Scarborough Community Council convene a Public Meeting to consider this application, targeted for the second quarter of 1998, subject to the following:

1. Staff convening a Community Information Meeting, notice of which is to be provided within 120 m (400 ft.) of the subject property and to the local Community Association.

2. The owner to submit a parking survey.

Background:

The subject site is approximately 2 150 m5 (23,150 sq.ft.) and is developed with a 709 m5 (7,636 sq.ft.) two-storey building which was constructed in 1977. Surrounding uses include single-family residential dwellings to the south, west and east of the subject property and to the north across Finch Avenue East are one and two-storey industrial buildings.

The Official Plan designates the land as Neighbourhood Commercial Uses which provides for a limited number and range of convenience goods to local populations of up to 10,000 people within an approximate 400 m (1,312 ft.) radius.

The property is zoned ANeighbourhood Commercial Uses@ permitting a wide range of commercial uses. However, by way of Exception, the property is restricted to the following uses:

- Sale of drugs, cosmetics, pharmaceuticals and tobaccos

- Sale of foods and soft drinks for consumption off the premises (No food store to exceed 465 m5 (5,005 sq.ft.) external dimensions)

- Sale of household hardware

- Bank or Trust Company

- Barber Shop and Beauty Parlour

- Business and Professional Offices

- Laundromats

- Laundry and Dry Cleaning Pick-ups

- Shoe Repair Shop

A minimum of 3.22 parking spaces per 100 m5 of gross floor area is to be provided for all uses.

Comments:

Potential Benefits

1. There is merit to consider removing the exception applying to these lands, in order to provide the owner more flexibility in leasing the premises. Specifically, a small sit down restaurant in this location would serve both the existing residential community to the south and serve the industrial area to the north of the subject lands.

Potential Concerns

1. Staff are concerned with the amount of parking available on this site. The owner is proposing to convert 158 m5 (1,700 sq.ft.) of space into a sit down restaurant while the

remaining 552 m5 (5,936 sq.ft.) of space will be used for retail uses. Using the standard parking requirements for retail and restaurant uses, the owner would be required to provide

a minimum of 17 parking spaces for the restaurant and a minimum of 14 parking spaces for the retail uses, whereas a total of 26 parking spaces are currently provided by the owner. This means based on the owner=s present proposal, there is a parking shortfall of 5 parking spaces. The amount of restaurant space permitted through this application may become dependent upon the number of parking spaces the owner is able to provide. Council may also consider applying a reduced parking standard for the proposed restaurant or retail uses.

2. Staff are also concerned with potential odours emanating from the restaurant. Particular attention will be paid to the location of the garbage room and the use of an adequate ventilation system. The amount of landscaping being proposed on the subject lands will also be reviewed.

Victor Gottwald, Acting Senior Planner

Phone: (416) 396-5004

Fax: (416) 396-4265

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

Lorne Ross, MCIP, RPP

Commissioner of Planning and Buildings

Vg/vg

Schedules:

A Official Plan

B Zoning By-law Map

C Site Plan