Public Meeting in accordance with the Planning Act
with respect to a Zoning By-law Amendment Application
to Change the Parking Requirements for Restaurants
in Commercial Zones on Broadview Avenue
The East York Community Council, based on the findings of fact and conclusions,
recommends the adoption of the following report (September3, 1998) from the
Director of Planning, EastYork Office:
The East York Community Council reports having held a statutory public meeting on
September16,1998, in accordance with Section 34 of the Planning Act, and appropriate
notice of this meeting was given in accordance with the Planning Act and the regulations
thereunder.
Purpose:
This report addresses a staff proposal to amend Zoning By-law No. 6752 to change the
parking requirement for restaurants in commercial zones on Broadview Avenue.
This report is for consideration by the East York Community Council at the public meeting
of September 16, 1998.
Recommendation:
That Council approve amendments to Zoning By-law No. 6752 to change the minimum
parking requirement for restaurants on lands zoned Commercial on Broadview Avenue to
one parking space per 47 square metres of gross floor area, and request the Chief Planner to
bring forward a by-law amendment for enactment.
Background:
This report is one in a series of reports assessing the zoning by-law standards for restaurants
in the commercial strip areas in East York.
On June 15, 1992, the Council of the former Borough of East York adopted changes to the
restaurant parking standards in the zoning by-laws, and removed the prohibition on
restaurants on DonlandsAvenue, Coxwell Avenue, O'Connor Drive (between Pape Avenue
and Lesmount Avenue), and St. Clair Avenue. At the same time, the Council expressed a
concern that commercial parking standards may hinder the establishment of new businesses,
and directed staff to undertake a study of parking standards on Pape Avenue.
Since that time, staff have undertaken studies to determine if there is a sufficient parking
supply in each commercial strip area on Pape Avenue, Donlands Avenue, Coxwell Avenue,
Woodbine Avenue and O'Connor Drive. These studies have resulted in amendments to
Zoning By-law No. 6752 to reduce the parking requirement for restaurants from one parking
space per 4.8 square metres of public floor area to one parking space per 47 square metres of
gross floor area. The new standard is the same as the requirement for retail and office uses.
The change permits restaurants, retail and office uses to occupy existing commercial
buildings interchangeably in the commercial strips, without requiring additional parking. It
recognizes that it is impossible to provide additional parking on most properties in the
commercial strip, and eliminates the need for Committee of Adjustment approval for most
new restaurants on these streets.
Staff reported on the most recent study on September 8, 1997. The Council of the former
Borough of East York approved changes to the parking standard for restaurants on
Woodbine Avenue and O'Connor Drive, but decided not to change the requirement for
restaurants on Bayview Avenue. On October 7, 1997, the Council passed By-law No.
141-97 to change the requirement to one parking space per 47 square metres of gross floor
area on these streets. Gordian Foods Limited, the owner of Whistler's Grille and Cafe-Bar
on Broadview Avenue, appealed the by-law to the OntarioMunicipal Board.
Prior to the Ontario Municipal Board hearing, the appellants withdrew their appeal after
staff assured them that a similar study would be undertaken on Broadview Avenue. Staff are
in the process of reviewing the remaining strip areas and pockets of commercial-zoned land
in the East York Community. This process has been time consuming. In the past, staff relied
on student employees to do most of the parking counts. This year, a reduced number of
student employees has resulted in a smaller work program, however, we expect to be able to
report on all the remaining commercial areas by the fourth quarter of 1998 or the first
quarter of 1999 using permanent staff. In the meantime, to meet our commitment to Gordian
Foods Limited as expeditiously as possible, staff are reporting on the study of Broadview
Avenue now.
This report addresses the results of the study.
Comments:
Staff documented the location of all existing parking spaces on Broadview Avenue,
including on-site parking; boulevard parking; and curbside parking on each commercial
street. The study includes parking within a reasonable walking distance on flankage streets.
For flankage streets, staff counted the available parking spaces within a zone around each
commercial street at a distance of 50 metres. This distance represents an estimate of the
distance that an average adult could walk in one minute. (Staff also counted parking spaces
within zones of 150 metres and 250 metres, which represent walking times of three minutes
and five minutes respectively, but only the inventories within 50metres are included in this
report.)
Staff then observed the occupancy rates of the parking spaces on the street on
Thursday,June25,1998 and Saturday, June 27, 1998. The weekday counts were done nine
times between noon and 5:00 p.m. The Saturday counts were done five times between noon
and 2:00 p.m. Staff assumed the highest parking demand would occur during these times,
based on the previous studies.
Study Area:
The study area included all properties zoned commercial with frontage on Broadview
Avenue, in the East York Community.
The commercial zoned land is located on both sides of Broadview Avenue, between the
former municipal boundary in the south (just north of Chesterhill Road) to just north of
Bater Avenue in the north. There is also a pocket of commercial zoned land on the east side
of Broadview Avenue, on the north side of Torrens Avenue. The commercial zoned land is
interspersed with various residential zoned lands.
Parking Supply and Demand:
There are 570 parking spaces in the study area, including spaces on private property in
commercial zones, and spaces on flankage streets within 50 metres of Broadview Avenue.
During the weekday observations, the parking spaces were used between 23.2% and 31.2%
of the time. The peak time occurred at noon. During the Saturday observations, parking was
utilized between 25.8% and 29.8% of the time. Again, the peak time occurred at noon.
Community Consultations:
Notice of this public meeting was given by publication in the Toronto Star on August 7,
1998.
This report is being circulated to the East York Ward 3 Residents' Association.
Planning Commentary:
In many cases in the commercial strip areas of East York, property owners cannot establish
restaurants without obtaining approval from the Committee of Adjustment for a parking
variance, or approval of a cash-in-lieu of parking agreement from Council. This is because
the zoning by-laws require more parking for restaurants than for retail uses and offices.
Property owners often choose to apply to the Committee of Adjustment for a minor
variance, which involves a two month approval process, including a public hearing, and an
appeal process.
Another option for owners is to design the restaurant so that the public portion is small
enough that no additional parking is required by the by-law. This is possible because the
current parking standard is based on the size of the public portion of the restaurant.
In the opinion of staff, the approvals process, time and money required to obtain permission
to operate a restaurant in the commercial strip areas is a disincentive to the economic
revitalization of the Borough's commercial strip areas. Staff are recommending changing the
parking requirement for restaurants on Broadview Avenue to 1 space per 47 m2 of gross
floor area, which is the same as the general parking requirement in both by-laws. This
change would permit uses to interchange in existing commercial units where the parking
supply would otherwise not comply with the by-law requirements. It would also eliminate
the municipal approvals process, and the inherent time delays, except for building permits
and Metro licenses. It is also consistent with Council's approach on PapeAvenue, Donlands
Avenue, Coxwell Avenue, Woodbine Avenue and O'Connor Drive.
The survey of parking occupancy rates shows that these areas could support additional
parking demand.
Conclusion:
In the opinion of staff, the commercial areas on Broadview Avenue can accommodate
increased parking demand. Staff are recommending that the zoning by-laws be amended by
changing the parking standard for restaurants on these three street to 1 space per 47 m2 of
gross floor area.
Contact:
Paul Galvin, Planner
Phone: (416) 778-2043
Fax: (416) 466-9877
pgalvin@borough.eastyork.on.ca