Zoning By-law Amendment for a Temporary Use

at 180 Church Street; Owner&Applicant: Humber River

Regional Hospital - Ward 27, York Humber

 The York Community Council, after considering the deputations and based on the findings of fact, conclusions and recommendations contained in the following report (July 2, 1998) from the York Commissioner of Development Services, and for the reason that the proposal is an appropriate use of the lands on a temporary basis, recommends as follows:

 (1)that the application by the Humber River Regional Hospital for a Temporary Use at 180 Church Street be approved for a one (1) year period, and that subsection (378) of the Draft Temporary Zoning By-law be amended accordingly to read ".....a period of time not to exceed one (1) year from the day of the passing of this by-law.......";

 (2)that the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

 The York Community Council reports for the information of Council, having advised the Pelmo Park Childcare Centre to undertake a search for a permanent location for their daycare centre; and

having requested staff to ensure that this Temporary Zoning By-law does not impact on the separate rezoning application by the Humber River Regional Hospital, with respect to the proposed expansion of its hospital facilities.

 The York Community Council also reports, for the information of Council, having held a statutory public meeting on April 1, 1998, in accordance with Section 34 of The Planning Act, and that appropriate notice of this meeting was given pursuant to The Planning Act and the regulations thereunder.

 The Community Council submits the following report (July 2, 1998) from the York Commissioner of Development Services:

 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 No. 1-83 be passed in accordance with the draft Temporary Zoning By-law, attach as Appendix 3 to this report.

 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 No. 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 No. 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 Planner

York Civic Centre

Tel: 394-2869

Fax: 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 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.

 The Community Council also submits the following communication (July 10, 1998) from A. Rumsey, 182 Church Street:

 Mr. and Mrs. Rumsey have lived at 182 Church Street for fifty years. We own the house and property, paying taxes to York township over the same period.

 We are both over 80 years of age and in poor health. We do not want a childcare centre at 180 Church Street with all the bells and whistles, four buses, and around fifty kids. The four buses would fill half the yard. We cannot have strain of the noise, traffic, property devaluation and loss of privacy.

 This is a residential area and must remain so, come out and look at the houses in the block. In the fifty years, the hospital has taken over the houses, green houses and property. I am surrounded by the hospital on the north, east and west sides. My house is the only one that the hospital has not bought.

 If the hospital wants to turn 180 Church Street into a childcare centre, I would suggest that they negotiate a fair settlement for 182 Church Street and compensate Mr. Rumsey for having been put in the position of having to sell and move.

 I would also want the township to start looking after its taxpayers' interest, rather than side with big business.

 The Community Council also submits the following communication (July 22, 1998) from Ms. Raulina Kesteven, 185 Church Street, to members of the Community Council and the Pelmo Park daycare providers:

 I am here before you today to speak to you about a request made to City Council by the Humber River Regional Hospital for the rezoning of 180 Church Street into a day care centre. We the residents, are not opposed in principle to day care as we realize that it is a necessary and worthwhile cause. We are, however, opposed to the centre being housed at 180 Church Street for the following reasons:

 (1)Safety and Security:

 HRRH has taken over the mental health assessment unit that was once housed at Northwestern Hospital. The outpatient program already brings walk-in mentally disturbed people to the area.

  Over the past 15 years that we have been residents within the neighbourhood, we have called the hospital on numerous occasions to inform them that one of their mentally handicapped patients is on the loose again. Sometimes, the comments from the hospital staff are "on no - not again". Over the years, the residents who live next door to 180 Church Street have collected clothing from these mentally ill patients. They sometimes use the yard at 184 Church Street to undress, fall asleep on the back lawn etc. In fact, last week two patients undressed and left their clothing behind. These articles have been brought to the meeting this evening.

 Be aware that if this application is approved, you will have children playing in a yard with the possibility of mental patients in the next yard. Last year in Hamilton a schizophrenic person murdered a two year old boy. The mental unit poses a grave security risk to the neighbourhood.

 2.Traffic congestion and noise generation:

 Traffic has already reached unacceptably high levels with the merging of Northwestern Hospital nad the Humber River Regional Hospital. Adding the daycare centre to the neighbourhood will only serve to compound the issue. The rezoning also applies for four parking spaces to be installed at the back of the house. These spaces will be used for pickup and drop off. Where do the other 46 cars that are dropping kids off stop? The corner of Church Street and Pine Street alrea heavily congested with traffic at peak times of the day. This is the approximate time that the children will be picked up and dropped off.

 The residents within the neighbourhood are essentially older people. Some of them have serious health problems. They do not want to see an increase in traffic and noise levels within the area. 180 Church Street is a private residence and does not have the facility to accommodate 50 pickups and dropoffs per day. The yard will have to be fenced in with a minimum six-foot fence to keep the children housed within the premises. Any signage or enclosures around the property will change the residential streetscape.

 3.Building and By-law Issues:

 The site is zoned as R1 residential and as such a daycare facility is not allowed. There are several issues to be concerned about over and above the zoning. Building code requirements, inspection for asbestos usages and or toxic materials of any kind, fire regulations, i.e. egress etc., access for handicapped people.

 4.Availability of alternate space:

 Only this morning I learned from one of the parents whose child goes to the Pelmo Park Daycare Centre, that the Centre has a firm commitment from a local church on William Street, to house the centre. If the petition to rezone 180 Church Street is denied, the centre will take up the offer made by the church. Considering that the daycare centre has already been proactive in finding itself another location, we would respectfully suggest that Council disallow the motion to rezone.

 In closing, I would like to present the Council with a list of 61 signatures that were obtained during a petition drive to oppose the daycare centre locating to 180 Church Street.

 Petition signed by residents on Church Street, Robert Street, Uphill Avenue, Woodward Avenue, Pine Street, Jane Street and Dalbeattie Avenue

 By now you are aware that the Humber River Regional Hospital has approached the City of Toronto to rezone the property at 180 Church Street (north-east corner of Church and Pine Streets) to allow for a daycare centre with parking facilities on the premises. This daycare centre will house approximately 50 youngsters ranging in all ages.

 Previously the Ministry of Education provided the Boards of Education with funding for daycare centres. Now the municipalities will be responsible for providing funding and premises for daycare centres.

 We, your neighbours, oppose the daycare facility and request that you sign this petition which will be presented to the City to express our views on the subject matter at hand.

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

 -Mr. Donald McKenzie, member, Board of Directors, Pelmo Park Childcare Centre, in support of the application.

 -Mr. Wayne Kestevan, 185 Church Street - made enquiries regarding this temporary rezoning and its potential to be considered in conjunction with the present development process for the hospital expansion; whether the renovations to the house would be in conformity with provincial standards such as, accessibility for the physically handicapped; the safety concerns regarding the proximity of the drop off point for the children and a bus stop and major entrance to the hospital; questionned the findings of the consultant's study with respect to traffic; expressed concerns regarding the increase in traffic and its impact on the neighbourhood; and is opposed to the rezoning.

 -Ms. Raulina Kestevan, 185 Church Street - presented the communication recorded above; and enquired as to the cost for renovations to the house; the source of funding; and the charge to the childcare centre for use of the property.

 -Mr. Dalius Butrimas, 47 Uphill Avenue - concerned for the safety of the children, as the centre will be in close proximity to a mental health hospital; there is the potential for violence as sexual offenders and pedophiles will be attending at the facility; the west wing of the hospital is not properly secured, as patients leave the facility and appear on the properties of the residents, sometimes undressing in the backyards and barefeet in the snow.

-Mr. Leon King, 125 Woodward Avenue - suggested that the property could be converted to a clinic or service centre; concerned that traffic will be increased; and not in favour of the proposed used.

 -Mr. A. Rumsey, 182 Church Street - in support of his communication recorded above.

 -Mr. Scott Dudgeon, Humber River Regional Hospital - advised that the hospital was assisting the community with a much needed service; provided clarification with respect to the traffic issue; their consultants have advised that traffic in the neighbourhood will be neutral; the drop off and pick up times will be staggered; advised that the childcare centre will not be leading to the establishment of a day clinic; and provided information on mental health.

 -Mr. Fred Witleveen, 177 Church Street - questionned the consultant's study regarding traffic; has observed the changes in traffic patterns over the years; concerned with the speed at which this temporary rezoning is proceeding as the community is already experiencing difficulty dealing with the larger expansion proposal by the hospital; and is opposed to the rezoning.

 -Mr. Jim Darwin, 63 Pelmo Court - advised that he is not in favour of the proposal; concerned that the rezoning will become part of the large proposal for expansion by the hospital; and enquired as to whether the Pelmo Park Childcare Centre has investigated alternative locations.

 -Ms. Kim Cross, Supervisor, Pelmo Park Childcare Centre - advised that one of the reasons for selection of this property, was its close proximity to a school.

 -Resident - enquired whether the parents of the children have the same confidence in the mental health facility, and suggested that the parents should be notified.