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June 19, 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 a summary of the comments received at the second Community Information Meeting held on June 9, 1998, as directed by Scarborough Community Council on May 27, 1998.

 Recommendation:

 That Council approve the recommendations contained in my report dated April 20, 1998.

 Background:

 Community Information Meeting

 A second Community Information Meeting was held on June 9, 1998, attended by approximately 35 people (see attached Figure 4 indicating the location of the residents in attendance at the Community Information Meeting). Notice for the Community Information Meeting (see attached) was circulated as directed by Council, to residents and tenants within 120 m (400 feet) of the subject property. In addition, Councillor Raymond Cho prepared his own notice and circulated it to a much broader area (see attached).

 In summary, comments raised by the community have been grouped into three categories: Traffic, Land Use, and Safety/Crime.

 Traffic

 Concern was expressed that the overall level of traffic in the neighbourhood has been increasing and that travel is becoming increasingly cumbersome. Residents indicated that they have difficultly with turning movements at the Finch Avenue and Baldoon Road intersection, particularly with the left turning movement from Baldoon Road onto Finch Avenue. Some residents expressed concern    with the number of buses in the neighbourhood, and indicated a desire to eliminate bus service through the community. In addition, concern was expressed that buses often remained parked on Baldoon Road for extended periods of time causing congestion on the street.

 A number of residents indicated that the proposed Finch Avenue driveway should not be supported as this entrance will only exacerbate the traffic problems in the neighbourhood. Concern was also expressed that there would be insufficient on site parking.

 Land Use

 A number of residents expressed concern with the proposed Zoning By-law Amendment specifically the proposed restaurant/donut shop. Concern primarily focused on the proposed hours of operation and whether there is a need for another donut shop in the immediate area. A number of residents, however, did express support for the proposal.

 Safety/Crime

 Concern was raised that the introduction of a 24 hour a day donut shop would attract undesirables and create a hangout for youth. The proposed donut shop would ultimately increase the amount of crime in the area and would not enhance community living.

 Some concern was expressed that the rear of the building and the telephone booths located on the northeast corner of the site were being used for illegal activities and that there was insufficient on site lighting to monitor these activities.

 Notice for Public Meeting

 Of note, the majority of residents expressed a desire to attend the Public Meeting scheduled for June 24, 1998 at 2:00 p.m.. However, many of the residents indicated that they would be unable to attend at 2:00 p.m. and would like the meeting to be re-scheduled for 7:30 p.m. on the same day.

Planning Staff have consulted Legal Staff to determine whether or not Council can re-schedule the public meeting to 7:30 p.m. It is the opinion of the Legal Department, that if Council were to schedule the meeting for 7:30 p.m. they would have to give new notice. Therefore, should Council wish to set a time of 7:30 p.m., the next available date to continue with this Public Meeting would be July 22, 1998 .

 Comments:

1.In response to concerns raised at the community information meeting the Road and Traffic Services Division is currently reviewing the traffic situation in the neighbourhood and will work with the community to address the concerns raised at the meeting. A separate Community Information Meeting will be held by the Road and Traffic Services Division to address possible traffic solutions.

 2.Discussions with Transportation Staff indicate that the proposed full access driveway to Finch Avenue will not only improve on site circulation but would also reduce the number of vehicles using Baldoon Road. In fact, it is likely that the Finch Avenue access will serve the industrial traffic to the north and the travelling public and the Baldoon Road access will serve the local residents. Traffic generated from the proposed restaurant is likely not to negatively impact the residential neighbourhood to the south.

 3.Concern was raised that there would be insufficient parking to meet the needs of the restaurant patrons. 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.

 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.A number of the residents expressed concern that the proposed donut shop would operate 24 hours a day. As mentioned to the residents at the Community Information Meeting, the City cannot control hours of operation through the Zoning By-law. Rather hours of operation can only be controlled with agreements between the owner of the plaza and the proposed tenant. The owner did indicate at the Community Information Meeting, that the proposed tenant (Coffee Time) has agreed to restrict the hours of operation.

 5. At the Community Information Meeting concern was raised that the rear of the building and that the telephone booths located on the north east corner of the site were being used for illegal activities. In an attempt to minimize such activity and control access to this area, the owner proposes to erect a wood 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. In addition, the owner is proposing to remove the telephone booths and place them within the proposed restaurant. The owner has also agreed to hire a security company should the need arise.

 Conclusion:

 The proposed Zoning By-law Amendment is appropriate as it would provide the owner with more flexibility in leasing the premises while maintaining compatiblity with surrounding residential uses. A fully tenanted site will provide greater on site survelliance. 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. The proposed Finch Avenue entrance would improve access to this site and would relieve a portion of the traffic pressure on Baldoon Road.

 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

   

 

   
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