20.FINAL REPORT ON ZONING BY-LAW AMENDMENT APPLICATION

FOR A TEMPORARY USE AT 180 CHURCH STREET,

OWNER: HUMBER RIVER REGIONAL HOSPITAL, FILE: Z98-002

APPLICANT: HUMBER RIVER REGIONAL HOSPITAL, Ward 27, York-Humber.

Commissioner of Development Services, York Civic Service Centre

(July 10, 1998)

 Purpose:

 This report is submitted to recommend a temporary use by-law to allow a daycare at 180 Church Street for a maximum period of three years.

 Funding Sources, Financial Implications and Impact Statement:

 Not Applicable.

 Recommendation:

 It is recommended that:

 (1)the application be approved; and

 (2)a Temporary Zoning By-law, to amend Zoning By-Law 1-83 be passed in accordance with the draft Temporary Zoning By-law, attach as Appendix 3 to this report.

 Background:

 1.Background

 The Pelmo Park Childcare centre, now located at Pelmo Park Elementary Public School in the former City of North York, has been requested to vacate the school by August 31, 1998. The childcare centre is finalizing negotiations with the Humber River Regional Hospital for the use of 180 Church Street on a leasehold basis for the operation of a daycare on a temporary basis starting in September 1998. Daycare administrators have indicated that space is not available in any other school in the area and the centre, which serves a local population, is in dire need of a daycare location in order to continue serving the community.

 Humber River Regional Hospital has acquired a number of residential properties with dwellings on the same block as the hospital and, under a separate rezoning application, is proposing to expand the hospital facilities and construct a parking garage. The hospital has communicated that its property at 180 Church Street is surplus to its needs as envisioned by the site plan submitted in support of expansion proposal This temporary use zoning application is proposed as a way of assisting the daycare to continue serving the local community by accommodating its relocation needs. This is proposed as a temporary measure while the concurrent rezoning application for the hospital expansion is being reviewed. A daycare use permitted as an accessory or complimentary use to the hospital, but not necessarily on the 180 Church Street site, is being reviewed as part of the larger application dealing with the hospital expansion.

 2.Proposal

 This application is for an amendment to Zoning By-law 1-83 to permit a vacant, 260 m², two storey house at on a property having an area of approximately 525 m² at 180 Church Street, to be used on a temporary basis (for a period up to three years), as a daycare centre with up to fifty children and eight staff members. The site is located in the former City of York on the northeast corner of Church and Pine Streets, and is owned by the Humber River Regional Hospital (See Appendix 1 - Location Map).

 The main house will be renovated for a daycare, and the existing rear yard garage will be demolished in order to provide four drop-off parking spaces. Six staff parking spaces will be provided in the hospital staff parking lot abutting the site to the north (See Appendix 2 - Site Plan).

 3.Compliance with Official Plan and Zoning By-law:

 The Official Plan designation for the site is Low Density Residential. Official Plan policies for this designation allows compatible minor commercial uses and institutional uses which serve a local population. The proposed use of the subject property complies with the Official Plan.

 The site is zoned R1 - Residential District by Zoning By-law 1-83. A daycare use is not allowed in an R1 zone unless it is in a school. A temporary use by-law will allow the use of the site for a day nursery while the concurrent Zoning By-law amendment for the hospital is being evaluated for a report to Toronto Council.

 Comments:

 (1)Issues:

 The following issues have been raised in considering this temporary use zoning application for a daycare centre.

 -need for the daycare centre in the community;

-Official Plan criteria for approval of temporary use applications

-impact on traffic in the area and parking; and

-noise and nuisance to adjacent neighbours.

 (2)Evaluation:

 (a)Need for the Daycare Centre in the Community

 Approximately 45 to 50 local children now are enrolled in the Pelmo Park Childcare Centre. They range in age from toddlers to age twelve (before and after school programmes). These children will not have the service now being provided if the daycare closes because it cannot find suitable accommodation and to be operational in September 1998. This will cause hardship for working parents who must look for less convenient or more expensive care, and also place the children at risk if some parents choose to have them at home alone, before and after school. The daycare has the potential to take on an expanded role over time as a workplace daycare for the hospital, while also serving the local community.

 This local service provides for the care and safety of local children. The service is considered valuable and needed within the community and should not be discontinued. The site at 180 Church street is suitable for the daycare's locational needs.

 (b)Official Plan Criteria for Approval of Temporary Use Applications

 The Official Plan policies for temporary uses state that in considering the enactment of a Temporary Use By-Law, Council shall be satisfied that the following conditions shall apply:

 i)Extensions of the period of temporary use may be permitted by subsequent By-laws, but generally should not continue for more than a total of six years.

 Comment:

This is the first application for a Temporary Use By-law at this location and the Department is recommending that the by-law be approved only for a period of 3 years.

 ii)Additional buildings or the expansion of existing building(s) may be permitted that do not encumber the long term viability of the uses provided for in the Official Plan and Zoning By-Laws.

 Comment:

The proposed by-law will allow the daycare use on a temporary basis within existing building. The underlying R1 zoning will remain in place so as not to encumber the long term viability of the area as a low density residential area. More over, the proposed temporary use by-law contains a provision to allow new accessory buildings or additions and alterations to the existing building, in accordance with R1 zoning regulations in order to control built form.

 iii)The proposed temporary use must be compatible with adjacent land uses or measures to mitigate any adverse impacts must be applied.

 Comment:

The proposed temporary use is in keeping with the intent of the Official Plan to allow minor commercial uses that serve the local population. It is compatible with the adjacent hospital use . Measures to address any adverse impacts on adjoining residential uses are available through the Site Plan Approval process and are discussed in a subsequent section of this report.

iv)The use does not adversely impact on traffic or transportation facilities in the area.

 v)Parking on the site must be sufficient for the use.

 Comment:

Impact on area traffic and parking are addressed in a following section.

 vi)The site can adequately accommodate the proposed use, with attention to considering such matters as site layout, building design, access and provision of landscaping screening and buffering measures, and servicing.

 Comment:

The site can accommodate the proposed use subject to the mitigation measures that will be secured through the Site Plan Approval process as discussed in a subsequent section of this report.

(c)Impact on Traffic in the Area and Parking

Most of the children in the daycare centre are driven to school and the majority of staff members drive. The hospital is proposing four drop-off parking spaces at the north side of the property with driveway access from Pine Street. The existing on-site garage will be demolished to allow for the arrangement of 4 rear yard surface parking spaces behind the existing tree abutting the driveway. Staff parking for six cars is proposed in the abutting hospital staff parking lot to the north. The peak hours for traffic and short term parking are from 7 to 9 a.m. and 4 to 6 p.m., with the heaviest demand occurring during the second hour of each peak.

 The average drop-off or pick up time is approximately five minutes which means each parking space can be used a maximum of twelve times in an hour. The provision of four parking spaces will allow a maximum of forty-eight parking opportunities per hour, or ninety-six in each two hour peak period. Since the daycare will have a maximum of fifty children, the on-site parking spaces would meet the demand.

 Of the eight daycare staff, six drive their cars to work. The intention is to provide the six staff parking spaces in the hospital parking lot. Due to the proximity of transit on Jane Street, and the Church Street bus, there are more alternatives for transit use that daycare staff and patrons may avail themselves of at the proposed new location. Even if they do not, the proposal will meet the current need. The hospital could also dedicate more parking spaces for the daycare staff use, if required.

 Traffic in the larger neighbourhood will not increase, as these are local trips. The Works Department has not expressed a concern with the impact that the use will generate on the local road network, based on the fact that traffic to the daycare will continue to be using the same road network. They do not expect any additional adverse impact on traffic and transportation facilities in the area. The traffic study for the hospital expansion proposal will also address the cumulative effect that both the daycare and the hospital expansion will have on traffic and parking. As part of the traffic evaluation for the hospital rezoning consideration will be given to appropriate recommendations regarding traffic mitigation measures or the continuation of a daycare use at this location beyond the prescribed temporary period.

 (d)Noise and Nuisance to Adjacent Neighbours

 The most immediate neighbour is at 182 Church Street. The elderly owners of the property have indicated that the number of children and the increased local traffic will be intolerable. The neighbours on the south side of Church Street have also voiced a concern regarding the possibility of fencing the front yard to provide safety for the children. They indicated that this will be the only high front yard fence in the area, thus detracting from the openness of the surrounding front yards.

 The forty-nine children proposed to be in the daycare will be in two categories: toddlers and pre-schoolers who will spend the entire day at the centre (eighteen children), and kindergarten and school age (thirty-one children) who will be at the daycare before and after school. The daycare has indicated that all of the children would not be in the playground at any one time. These splits will reduce the number of children at the daycare all day and will limit the noise from the outdoor areas to primarily the late afternoon period.

 The use of fencing and landscaping to provide screening and buffering to the adjacent properties is an effective way of reducing the noise from the day-care's outdoor activities. A Site Plan application for the change in use will be required to be submitted by the applicant for approval. Matters relating to fencing, landscaping and the provision of on-site parking spaces will be addressed to the City's satisfaction under the Site Plan Approval process.

 One of the reasons for having a temporary use by-law on the property is to monitor the actual impact a use will have on the surrounding area without permanently allowing the use in that location. If the use is in operation in September, 1998, monitoring would take place until the report on the hospital zoning is prepared. At that time, consideration will be given to a recommendation to continue the daycare use at this location, move the use to a different part of the hospital property, or discontinue the use completely.

 (3)Public Process:

 A Planning Act Public Meeting is being held on July 22, 1998, at which time the draft by-law will be before York Community Council for approval. If adopted, the draft by-law will be before City Council on July 29, 1998. The community will be able to make presentation to the Community Council meeting.

 If the neighbours do not agree with City Council's decision on the matter, they may appeal the decision to the Ontario Municipal Board.

 Conclusions:

 The temporary use by-law allows for establishment of the daycare and the monitoring of any impact it may have on the immediate area throughout the temporary use. Any desire to establish the use on a permanent basis would require zoning approval. The service is valued by the community, however the location could change as part of the consideration and evaluation of the Zoning application for the hospital expansion.

 Contact Name:

 Wendy Johncox, Senior PlannerTel: 394-2869Fax: 394-2782

 (Copies of Appendices (1) Location Map, (2) Site Plan, and (3) Draft Temporary Zoning By-Law referred to in the foregoing report, were forwarded to all Members of Council with the agenda of the York Community Council meeting of July 22, 1998, and copies thereof are on file in the Clerk's Department, York Civic Service Centre.)

   APPENDIX 3 - Draft Temporary Zoning By-Law

Authority:

Intended for the first presentation to Council:

Adopted by Council:

 CITY OF TORONTO

 BY-LAW No.

 To amend Former City of York By-Law No. 1-83

regarding Lands - 180 Church Street.

 The Council of The City of Toronto HEREBY ENACTS as follows:

 Section 16 - Amended

 1.That Section 16 of City of York By-Law No. 1-83, as amended, be further amended by adding a new subsection (378) as follows:

 "(378) Notwithstanding the provisions of Subsections (1) and (2) of Section 7 of this by-law, the lands and building existing on the date of the enactment of this By-law to introduce this Subsection municipally known as 180 Church Street, as more particularly described in Schedule "A" to this Subsection, may be used for a day nursery and for any accessory uses for a period of time not to exceed three years from the day of the passing of this by-law to introduce this subsection, subject to the following conditions:

 i)any additions or alterations to the buildings or structures existing on the lands on the date of the passing of this by-law to introduce this subsection or any new building or structure to be erected on the lands, shall conform with the provisions of Subsection (3) of Section 7;

 ii)a minimum of four parking spaces for drop-off and pick-up activities shall be provided and maintained on the lands; and

 iii)parking facilities shall be provided and maintained in accordance with the parking regulations of By-Law 1-83, as amended."

 2.Subject to the provisions of Section 34 of the Planning Act, R.S.O. 1990 c.P.13., as amended, this by-law shall come into force on the date of its passing.

 ENACTED AND PASSED this day of , A.D. 1998

  MayorCity Clerk

 SCHEDULE A to Subsection 16 (378).

 Legal Description to follow.