Zoning By-law Amendment Application Z97061

Juhan Holdings Incorporated

5739, 5741, 5743 and 5745 Finch Avenue East

Ward 18 - Scarborough Malvern

 The Scarborough Community Council, after considering the deputations and based on the finding of fact, conclusions and recommendations contained in the report, dated April 20, 1998, from the Commissioner of Planning and Buildings, Scarborough, recommends that City Council:

 (1)strike out the recommendation contained in the following report; and

 (2)refuse the subject application.

 Recorded vote:

 Yeas:Councillors Altobello, Ashton, Balkissoon, Berardinetti, Cho, Duguid, Faubert, Kelly, Mahood, Tzekas - 10

Nays:Nil

 The Scarborough Community Council reports having held a statutory public meeting on July 22, 1998, in accordance with Section 17 and Section 34 of The Planning Act, and that appropriate notice of this meeting was given in accordance with The Planning Act and the regulations thereunder.

 The Scarborough Community Council submits the following report (April 20, 1998) from the Commissioner of Planning and Buildings, Scarborough:

 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:

 It is recommended that City Council:

 (A)Zoning By-law:

 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:

 (a)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; and

 (b)minimum driveway width shall be 5.8 metres (19 feet) for two way traffic; and

 (B)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 foot) 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; and

-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; and

 (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

  The Scarborough Community Council submits, for the information of City Council, the following supplementary report (June 19, 1998) from the Commissioner of Planning and Buildings, Scarborough:

 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:

 It is recommended that City 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 compatibility with surrounding residential uses. A fully tenanted site will provide greater on site surveillance. 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

 The Scarborough Community Council submits, for the information of City Council, the following supplementary report (June 18, 1998) from the Director of Road and Traffic Services, Scarborough:

 Purpose:

 This report was prepared in response to the request of Scarborough Community Council for the Director of Road and Traffic Services to report on traffic calming measures that could be implemented on Baldoon Road.

 Funding Sources, Financial Implications and Impact Statement:

 No financial implications have been identified to date.

 Recommendations:

 It is recommended that:

(1)physical traffic calming measures not be considered for Baldoon Road at this time; and

 (2)staff be directed to conduct up-to-date traffic counts and speed surveys for Baldoon Road, and submit a report to Scarborough Community Council in the fall of 1998 indicating appropriate mitigating measures, as required.

 Council Reference/Background/History:

 At its meeting of May 27, 1998, Scarborough Community Council considered the Zoning By-law Amendment Application captioned above, and deferred the Public Meeting under the Planning Act on this matter until the next Community Council meeting scheduled for June 24, 1998, at 2:00 p.m. Reasons for the deferral were:

 (i)for the Commissioner of Planning and Buildings, Scarborough, to hold a further community consultation meeting and report accordingly; and

 (ii)for the Director of Road and Traffic Services, Scarborough, to report on traffic calming measures that could be implemented on Baldoon Road.

 Comments and/or Discussion and/or Justification:

 In discussions with staff of the Planning and Buildings Department, we understand that a community information meeting was held on June 9, 1998 at which time elements of the development application were reviewed and comments from the community residents were heard. Several of these comments related to area traffic concerns over transit buses, short-cutting traffic, parking and turning movements onto Finch Avenue.

 Baldoon Road is a very important access route for the residential community in this area. It functions as the only connecting link to Finch Avenue between Tapscott Road and Neilson Road, south of Finch Avenue. It connects with Crow Trail, which itself collects traffic from intersecting local streets and provides access for the community directly out to Tapscott Road and Neilson Road. Due to its connecting function in the area street network, Baldoon Road is also a vital route for emergency services (i.e., fire, ambulance, police) and operational services (i.e., garbage collection, snow clearing, road maintenance), and together with Crow Trail, Baldoon Road also serves as a primary transit spine for bus service in the community. The Finch East No. 39, Neilson No. 133 and Tapscott No. 134 bus routes all provide transit service into the community such that the combined average scheduled frequency of service is one bus every 2.5 minutes during weekday rush hours, and one bus every 4 to 5 minutes during off-peak times and weekends.

 Conclusions:

 Due to the characteristic function of Baldoon Road as an important transportation link for the residential community as described above, physical traffic calming measures/restrictions on Baldoon Road are not recommended at this time. Significant impacts on residential accessibility, emergency response, municipal operations, and transit services are likely to result. Traffic counts, speed surveys and supplementary field observations will be carried out in order to quantify the level of activity on Baldoon Road and determine whether changes to the current traffic and parking regulations are warranted. These results will then be conveyed to the Scarborough Community Councillors for information and/or concurrence with any suggested changes.

 Contact Name:

 Peter Noehammer

Senior Transportation Engineer

Road and Traffic Services, Works and Environment

Scarborough District

Telephone: 396-5670

Fax: 396-5681

e-mail: noehammer@city.scarborough.on.ca

  The Scarborough Community Council submits, for the information of City Council, the following communication (June 10, 1998) from Brian and Deborah Mee, area residents:

 We are adamantly opposed to any 24 hour type operation proposed for this vacant Finch Avenue location. We believe this would attract criminal gangs that currently operate in Metro Toronto as this location is remote and isolated and this location would be ideal for them. Secondly, I don't think this location warrants a 24 hour operation from a business point of view as there is not a high traffic location during the midnight hours.

 The proposal for a new driveway has merit; however, I would make this for entering only or entering and only eastbound exiting, not westbound exiting. I live in the neighbourhood and use Baldoon to exit on to Finch west to go to work so I am quite familiar with the traffic patterns around this location.

 Also, you may want to consider the bus traffic at this intersection especially when the buses park at the stop and stand there or visit the current hamburg store there. Perhaps a traffic light would be warranted at Baldoon and Finch.

 In closing, we're not opposed to commercial development at this location. It's just the hours of operation that concern us.

 The Scarborough Community Council submits, for the information of City Council, the following communication (July 10, 1998) from the workers at 5633 Finch Avenue East:

 We, the workers at 5633 Finch Avenue East, are strongly concerned about the application Z97061-S97152 which will change the zoning by-law at 5739-45 Finch Avenue East. In this letter, we strongly express our feelings against this application.

We are afraid that this change will cause traffic chaos. Finch Avenue is a major road. A large number of vehicles pass by here every day, especially in rush hour. This small plaza just stands at the corner of the traffic lights of Finchdene and Baldoon Road. There are two bus stops, traffic lights and the entrance to Baldoon Road from Finch Avenue here. If another entrance is just a few metres away from Baldoon Road, this area must get big traffic jams in rush hours. Therefore, we do not agree with this application since we pass by here every day.

  The following persons appeared before the Community Council in connection with the foregoing matter:

 -Mr. Ed Fleury, Solicitor for the applicant, expressing support for the staff recommendations, and drawing to the attention of the Community Council that neighbourhood concerns respecting crime or theft have nothing to do with his client's application, and with respect to the parking issue, indicating that there are more than sufficient parking spaces for the uses proposed;

 -Mr. Zahir Ismail, area resident, expressing opposition and concerns about possible increased traffic impacting the neighbourhood as a result of this application;

 -Mr. Brian Mae, area resident, expressing opposition and concerns that the parking spaces proposed for this application may not be sufficient and will result in overflow parking into the neighbouring streets;

 -Ms. Alison Dantos, area resident, expressing opposition and concerns that the proposal may exacerbate problems already existing in the plaza respecting drug dealing and theft and may encourage further loitering and generally inhibit public safety in the area;

 -Ms. Janet Anderson, area resident, expressing opposition and concerns that the applicant may be able to obtain a Liquor License for these premises;

 -Ms. Flavia Dantos, area resident, expressing opposition and advising that the other retail premises in this plaza have been robbed more than once;

 -Ms. Pamela Foster, area resident and Member of Malvern Family Resource Centre, expressing opposition and concerns that this proposal could be a magnet for young people in the area because of the lack of recreational opportunities available to them;

 -Mr. Jaswinder Shoker, area resident, expressing opposition and tabling a petition containing 85 signatures against this proposal;

 -Ms. Lisa Fleming, area resident, expressing opposition and concerns about the negative impact this proposal would have on the community;

-Mr. Rajiv Parikh, area resident, expressing opposition and advising of his agreement with the foregoing concerns.

 In addition to the petition referred to above which was tabled by Mr. Shoker, and the two letters of objection in the foregoing Clause, the Community Council also received 18 comment sheets from the Community Information meeting held on Tuesday, June 9, 1998, all generally in opposition to the proposal, and a 27 signature petition of support, all of which were provided to Members of The Scarborough Community Council, and the originals of which are on file in the Office of the City Clerk.