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 m² (1,076
square feet) of gross floor area to 2.3 parking spaces per 100 m² (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 m² (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 m² (23,150 square feet) and is
developed with a 709 m² (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 "Neighbourhood 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 m² (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 m² (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 m² (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 m² (1,453 square feet) of vacant
retail space into a sit down restaurant (Coffee Time) while the remaining 574 m² (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 m² (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 m² (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
