April 20, 1998
To:Scarborough Community Council
From:Lorne Ross, MCIP, RPP
Commissioner of Planning and Buildings
Subject:Zoning By-law Amendment Application Z97061
Juhan Holdings Inc.
5739, 5741, 5743 and 5745 Finch Avenue East
Block B, Registered Plan M-1667
Malvern Community
Scarborough Malvern
Purpose:
This report presents recommendations to amend the Malvern Community Zoning By-law for the south-west corner of
Finch Avenue and Baldoon Road, as shown on Figure 1. Juhan Holdings Inc. is proposing to amend the Neighbourhood
Commercial (NC) Zone by adding Day Nurseries, Personal Service Shops and Restaurants as permitted uses and by
reducing the minimum parking requirement for all uses from 3 parking spaces per 100 m5 (1,076 square feet) of gross floor
area to 2.3 parking spaces per 100 m5 (1,076 square feet) of gross floor area except for Day Nurseries and Restaurants
which will be subject to the minimum parking requirements of the Zoning By-law.
Recommendations:
A.Zoning By-law
That Council amend the Malvern Community Zoning By-law Number 14402, as amended, with respect to the lands located
at 5739-5745 Finch Avenue, being Block B, Registered Plan M-1667, as follows:
1. Delete the contents of the existing Exception and replace it as follows:
(a)Only the following uses are permitted:
-Day Nurseries
-Financial Institutions
-Laundromats
-Laundry and Dry Cleaning Pick-ups
-Offices
-Personal Service Shops
-Restaurants
-Sale of drugs, cosmetics, pharmaceuticals and tobaccos
-Sale of household hardware
2.Add the following development standards:
-Minimum of 2.3 parking spaces per 100 m5 (1,076 square feet) of gross floor area for all uses except for Day Nurseries
and Restaurants.
-Minimum driveway width shall be 5.8 metres (19 feet) for two way traffic.
B.Miscellaneous
That Council authorize such unsubstantive technical, stylistic or format changes to the Zoning By-law amendment as may
be required to properly carry out the intent of this resolution.
Background:
The subject site has an area of approximately 2 150 m5 (23,150 square feet) and is developed with a 709 m5 (7,636 square
feet) two-storey building 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 site 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 metre (1,312 feet) 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:
Domestic Retail
-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 square feet)
external dimensions)
-Sale of household hardware
Service Uses
-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 (1,076 square feet) of gross floor area is to be provided for all uses.
A Preliminary Evaluation Report was before Scarborough Community Council on February 18, 1998 at which time it
endorsed the processing of the applications subject to Staff convening a Community Information Meeting, the owner
submitting a traffic study and that the Public Meeting be targeted for the second quarter of 1998.
Community Information Meeting
A Community Information Meeting was held on March 10, 1998, attended by 4 members of the public and the Ward
Councillors. In summary, the following comments were raised at this meeting:
1.Concern that the rear of the building was being used for illegal activities and that there was insufficient lighting to
monitor these activities.
2.Concern regarding potential odours that may emanate from the proposed restaurant.
Comments:
1.The application was circulated to various agencies, none of whom have expressed concern. Statutory Public Notice has
been provided to all assessed persons within 120 metres (400 feet) of the subject property.
2.The owner=s original proposal was to construct a 158 m5 (1,700 square feet) restaurant. However, as a result of
concerns expressed by the residents and the owner=s inability to provide the required amount of parking for the restaurant
uses, the owner revised the application. The owner is now proposing to convert 135 m5 (1,453 square feet) of vacant retail
space into a sit down restaurant (Coffee Time) while the remaining 574 m5 (6,179 square feet) will be used for retail,
personal service and office related uses.
Using the standard parking requirements for retail, personal service, office and restaurant uses, the owner would be
required to provide a minimum of 14.5 parking spaces for the restaurant and a minimum of 17.2 parking spaces for the
retail, personal service and office uses for a total of 32 parking spaces for all permitted uses. A total of 28 parking spaces
are currently provided by the owner, resulting in a parking shortfall of 4 parking spaces. Approximately 282 m5 (3,040
square feet) of the retail/office space is currently vacant.
3.The intent of the Zoning By-law in requiring minimum parking requirements is to ensure that there is an adequate
supply of parking on site to meet the needs of the tenants and their visitors and to avoid overflow parking onto
neighbouring properties and streets.
Staff propose to reduce the parking requirement for all uses except for Day Nurseries and Restaurants which will be
required to provide parking in accordance with the minimum requirements of the Zoning By-law. The proposed minimum
parking requirement for all other uses would be 2.3 parking spaces per 100 m5 (1,076 square feet) of gross floor area.
Transportation Staff indicate that even if the vacant space was occupied the proposed parking supply would adequately
meet the needs of the tenants and visitors during peak periods of demand. The combined parking rate will be sufficient as
the combined parking supply will be shared between users. Of note, patrons of Donut Shops do not typically remain parked
at a site for sustained periods of time but rather purchase their products and leave.
4.Concern was expressed with potential odours emanating from the restaurant. The owner has indicated that Coffee Time
does not propose to prepare food products on site, but rather that all food products would be delivered to this property. Of
note, an existing tenant currently operates a small take out restaurant where food is currently prepared with no known
adverse impact on the community.
5.At the community information meeting concern was raised that the rear of the building was being used for illegal
activities. In an attempt to minimize such activity and control access to this area, the owner proposes to erect a chain link
fence with a secured gate at both ends
of the rear yard and to improve on site lighting. The owner has also proposed additional landscaping around the perimeter
of the site. These matters will be secured through the site plan control agreement.
6.Staff also propose to recognize the existing driveway aisle width of 5.8 m (19 feet) for two way traffic, whereas the
Zoning By-law requires a minimum of 6 m (20 feet). The reduced driveway aisle has existed since 1977 when the building
was constructed, with no known adverse impact.
Conclusions:
The proposed Zoning By-law Amendment is appropriate as it would provide the owner with 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 the industrial area to the north of the subject lands. I recommend that Scarborough Community Council
support the request to amend the Zoning By-law.
Contact Name:
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