Amendment to the Etobicoke Zoning Code - 1051234 Ontario Limited,

7 McIntosh Avenue - File No. Z-2264

The Etobicoke Community Council, after considering the deputations and the findings of fact, conclusions and recommendations contained in the following reports (June 24, 1998) from the Director of Community Planning, West District, and (September 16, 1998) from the Director, Transportation and Engineering Planning Division, and for the reason that the proposed amendment is an appropriate use of the property, recommends that:

(1)the application for an amendment to the Etobicoke Zoning Code to permit the use of part of a residential property at 7 McIntosh Avenue for six commercial parking spaces to support the existing commercial uses at 624A and 624B The Queensway, be approved; and

(2)the Director of Community Planning, West District, examine the possibility of incorporating an additional parking space, for a total of seven.

The Etobicoke Community Council reports having held a statutory public meeting in accordance with 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 Etobicoke Community Council submits the following report (June24,1998) from the Director of Community Planning, West District:

Purpose:

To consider an amendment to the Etobicoke Zoning Code to permit the use of part of a residential property municipally known as 7 McIntosh Avenue for commercial parking in conjunction with an existing, neighbouring restaurant at 624A and 624B The Queensway.

Funding Sources, Financial Implications and Impact Statement:

City funding is not required. There are no impacts on capital or operating budgets.

Recommendation:

It is recommended that the application by 1051234 Ontario Limited be the subject of a Public Meeting to obtain the views of interested parties and, if approved, that the conditions outlined in this report be fulfilled.

Background:

On September 14, 1989 and March 14, 1991, the Committee of Adjustment (decision numbers A-375/89 and A-68/91) authorized minor variances from the Zoning Code's parking regulations to permit an expansion of a restaurant (Mamma Martino's) at 624 The Queensway (Exhibit No. 2). The decisions permitted a reduction in required parking from 27 spaces to 15 spaces. The applicant made payment to the City for cash-in-lieu of parking for 5 automobile parking spaces. The actual supply of parking available on-site is 10 spaces (7 spaces at the front of the building on The Queensway and 3 spaces at the rear of the building).

In March of 1997, the Ontario Municipal Board approved another variance application which permitted a patio enclosure as well as a further parking shortfall subject to the fulfillment of conditions. These conditions included the construction of a 3.0 m (10 ft.) wooden fence along the east and north property line of the subject property and the "beautification" of the applicant's other property at 620 The Queensway. The fencing has been installed as required; however, the improvements to 620 The Queensway have not been completed.

Site Description and Surrounding Uses:

The subject site is located on the east side of McIntosh Avenue north of The Queensway (ExhibitNo.1). It is occupied by a detached single family dwelling and detached two-car garage.

Surrounding zoning and land uses are as follows:

North:Second Density Residential (R2) - single family dwellings fronting onto McIntosh Avenue

South:Limited Commercial (CL) - multiple tenancy commercial building fronting onto TheQueensway and single family dwellings

East:Second Density Residential (R2) - single family dwellings fronting onto Burma Drive

West:Second Density Residential (R2) - single family dwellings fronting onto McIntosh Avenue

Proposal:

1051234 Ontario Limited is seeking an amendment to the Residential Second Density (R2) zoning to permit the use of part of the residential property at 7 McIntosh Avenue for commercial parking (7 spaces) in conjunction with the existing, neighbouring restaurant at 624Aand624BTheQueensway. The existing dwelling, garage, and driveway are intended to be retained (Exhibit No. 2).

Access to the parking spaces would be provided from McIntosh Avenue via the existing public lane. The lane services the commercial properties fronting onto The Queensway.

Three tandem parking spaces are proposed along the south side of the existing single family dwelling immediately abutting the public laneway; an additional four spaces are proposed in the rear of the subject property (Exhibit No. 3).

The following is a summary of information relevant to this application:

Official Plan: Low Density Residential

Zoning Code:

Existing Second Density Residential (R2)

ProposedSecond Density Residential (R2) - Site Specific

Site Area: 557 m²(6, 000 sq. ft.)

Retained for373 m²(4, 013 sq. ft.)

Residential Use

Proposed Parking184 m²(1, 987 sq. ft.)(incl. 7 automobile parking spaces)

and Landscaping

Comment:

Official Plan:

The subject property is designated Low Density Residential in the Etobicoke Official Plan which permits a variety of low rise housing forms and retail and office developments up to 1 000 m² (10,764 sq. ft.), of a type, scale and orientation related to residents in the immediate area.

The property abuts a Commercial-Residential Strip designation situated along The Queensway. The Official Plan policies for such designations (Section 4.4.7 - Permitted Uses and Scale) permit the incorporation of adjacent properties, without amendment to the Official Plan, where existing commercial development directly abuts residential uses to the rear without separation by a service lane. Amendments to the zoning may be made provided adequate landscaping and screening are provided to buffer the parking, loading and other such areas from the residential uses.

The application is consistent with the relevant policies and initiatives of the former Metropolitan Toronto Official Plan.

Zoning Code:

The site is zoned Second Density Residential (R2) which limits development to single family dwellings. An amendment to the (R2) zone is required in order to permit commercial parking.

Discussion:

The applicant is proposing to augment the existing parking at 624 The Queensway by using the residential property at 7 McIntosh Avenue for seven commercial parking spaces in the side and rear yards while retaining the single family dwelling (Exhibit No. 2).

The existing single family dwelling will retain its existing driveway and detached garage located at the rear of the property as well as a small area of private yard at the rear. By re-installing the front yard landscaping, the applicant would eliminate one parking space (Space No. 1 on Exhibit No. 3). This would partially screen the parking area and reinforce the residential character and streetscape for the property. This would also allow the applicant to lengthen the tandem spaces in accordance with Zoning Code standards (Exhibit No. 3).

While the current application represents an attempt to provide additional parking a revised site and landscape plan should be submitted and financial guarantees should be posted prior to Council's consideration of a by-law. Lighting details would also be required at this time to ensure illumination is directed away from residential properties.

A comprehensive plan of all of the applicant's land holdings in the immediate area should be submitted to indicate how they will be utilized in the context of staff's recommendation and in accordance with the Ontario Municipal Board Decision No. V960436 respecting 620TheQueensway. Such a plan should indicate how all parking and loading areas would function and how screening would be incorporated.

On February 18, 1998, Etobicoke Community Council received a Preliminary Report in connection with this proposal and requested that the Commissioner of Urban Development include, within any subsequent report, comments with respect to the removal of a mature tree on the property and whether all necessary permits have been issued for the use of the enclosed patio area associated with Mamma Martino's Restaurant.

Forestry Division staff advise that a mature tree located on public property had been removed. This tree, however, had been inspected by the Forestry Division and was determined to be dying. The City Solicitor advised that legal action was not warranted in connection with this matter.

With respect to the enclosed patio located on the east side of 624A The Queensway, staff note that construction proceeded under Building Permit No. 82577, issued on April 25, 1997, and that the site remains under inspection.

Agency/Department Circulation:

In response to the circulation of plans submitted in support of the application, Fire Department, Development Engineering Works Department, Toronto Hydro, Realty Services, and the Health Department have expressed no concern or objection to this application.

The Traffic and Transportation Section of the Works Department has reviewed the proposal and have advised that Mamma Martino's Restaurant (624A and 624B The Queensway) complies with existing parking requirements by virtue of previous minor variances and payment-in-lieu of parking approvals. The parking that the applicant proposes at 7 McIntosh Avenue will be additional parking which will augment the parking supply in the vicinity of 624 The Queensway (Exhibit No. 4).

Community Meeting:

A community meeting was held on March 26, 1998, at which time approximately 40 area residents reviewed and commented on the proposed application. Residents expressed concerns regarding existing commercial traffic congestion in the area and pedestrian safety, environmental impacts (i.e.noise, air quality), by-law enforcement practices, effects on property values, and removal of tree(s) on City property.

Conclusion:

It is the opinion of Urban Development staff that the use of a portion of this single family residential lot for six commercial parking spaces to support the existing commercial uses at 624AandBTheQueensway is acceptable. The use could be accommodated with limited impact on adjacent properties and could serve to relieve some of the parking problems currently experienced by the neighbourhood. Staff note that a parking area created in this manner would be consistent with other Council initiatives for the creation of municipal parking lots located within similar land use contexts.

Staff recommend that a landscape plan and financial guarantees be required prior to Council's consideration of the amending by-law. Staff further recommend that lighting details be submitted at this time to ensure that all illumination is directed away from adjacent residential properties.

The applicant should also submit a comprehensive plan of all of his land holdings within the immediate area detailing their current and intended use in the context of staff's recommendation and in accordance with the Ontario Municipal Board Decision No. V960436 respecting 620TheQueensway, prior to the approval of the by-law.

It should also be noted that the additional parking spaces proposed are to be used in conjunction with the existing restaurant operation. Any future expansion of the restaurant would have to be evaluated on the basis of the total parking supply required, among other matters.

Conditions to Approval:

1.Fulfillment of the following conditions by the applicant prior to the enactment of the amending by-law:

(i)The applicant shall submit a revised site plan and landscape plan for 7McIntoshAvenue detailing the proposed fencing, lighting, curbing, grading and planting to the satisfaction of the Staff Advisory Committee on Development Control, and shall post a financial guarantee to ensure completion of same.

(ii)The applicant will submit a comprehensive plan of all of his land holdings within the immediate area detailing their current and intended use in the context of staff's recommendation and in accordance with the Ontario Municipal Board DecisionNo.V960436 respecting 620 The Queensway.

2.The Second Density Residential (R2) zoning affecting the property municipally known as 7McIntosh Avenue be amended to include commercial parking as a permitted use, in conjunction with the commercial establishment at 624 The Queensway with development standards to reflect the revised plans.

Contact Name:

Paulo Stellato, MCIP, RPP

Planner-South District, Development and Design

Tel: (416) 394-6004, Fax: (416) 394-6063

(Copies of Exhibit Nos. 1-4, referred to in the foregoing report were forwarded to all Members of Council with the agenda of the Etobicoke Community Council meeting of November12,1998, and copies thereof are on file in the office of the City Clerk.)

The Etobicoke Community Council further submits the following report (September16,1998) from the Director of Transportation and Engineering Planning Division, District 2:

Purpose:

To report on the results of a Parking Occupancy Study conducted along The Queensway between RoyalYork Road and Grand Avenue.

Funding Sources:

There are no funding implications.

Recommendations:

It is recommended that:

(1)this report be received; and

(2)the enclosed study entitled "Parking Occupancy Study - The Queensway between RoyalYorkRoad and Grand Avenue" dated September 1998, be received.

Council Reference:

At a community meeting held on March 28, 1998, residents of McIntosh Avenue and Burma Drive expressed their concern over the use of local streets for parking purposes by patrons of the retail establishments located along The Queensway. They also indicated that on-street parking was the result of inadequate municipal parking facilities along The Queensway between Royal York Road and Grand Avenue.

The area Councillors requested that this department conduct a formal review of parking conditions in the area, and at its meeting of June 24, 1998, Etobicoke Community Council directed that this report be brought forward for a public meeting.

Discussion:

In response to the requests from the area Councillors and Etobicoke Community Council, this department conducted a detailed review of parking conditions along this section of The Queensway (Attachment No.1). The study, conducted Wednesday, April 1, 1998 and Friday, April 3, 1998, focused on the municipal parking supply, with a review of the vehicle parking conditions on Moynes Avenue, Berl Avenue, McIntosh Avenue and Burma Drive (Attachment No. 2).

Conclusions:

The study found that the existing municipal parking supply in the area is under utilized, even during peak demand periods. Compliance with existing parking restrictions on the local roads that abut The Queensway's commercial strip is high. While there was evidence of 'spillover' parking on the side streets by patrons attending at the retail establishments along The Queensway, it is a situation that can be remedied by enforcement and/or introduction of parking restrictions during peak periods, should the need arise.

Contact Name:

Allan Smithies - Manager, Transportation Planning.

(416) 394-8412; Fax (416)394-8942.

(Copies of Attachment Nos. 1-2, referred to in the foregoing report were forwarded to all Members of Council with the agenda of the Etobicoke Community Council meeting of November12,1998, and copies thereof are on file in the office of the City Clerk.)

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The Etobicoke Community Council had before it the following communications in support of the proposal:

-(October 14, 1998) from Ms. C. Bailey, Etobicoke;

-(October 21, 1998) from Mr. W. Smith, Etobicoke;

-(October 18, 1998) from Mr. A. Clark, Etobicoke;

-(November 10, 1998) from Mr. J. Emmerson, Etobicoke;

-(November 12, 1998) from Mr. G. McNickle, Etobicoke;

-(Undated) from the Cairns family, Etobicoke;

-(Undated) from C. Crawford and J. Crawford, Etobicoke;

-(Undated) from Ms. L. Piovesan, Etobicoke;

-(Undated) from R. M. Harrison Developments Ltd., Etobicoke;

-(Undated) from the Staff, Early Adventures Nursery School & Child Care Centre, Etobicoke; and

-a bound document submitted by the applicant, containing a petition with approximately 912 signatures, 34 form letters and 18 individual letters in favour of the proposal.

The Etobicoke Community Council had before it the following communications in opposition to the proposal:

-(October 26, 1998) from Mr. T. Maio, Etobicoke, together with a copy of a petition, with approximately 57 signatures, sent to the Mayor's office in February, 1998 in opposition to the proposed rezoning; and

-(November 12, 1998) from Mrs. M. Holland, Etobicoke.

The following person appeared before the Etobicoke Community Council in connection with the foregoing:

-Mr. B. Morrison, of B. J. Morrison & Associates, on behalf of the applicant

The following persons appeared before the Etobicoke Community Council in opposition to the proposal:

-Mr. T. Maio, Etobicoke, a 43-year resident of the area, expressing concerns about depreciation in property values; increased pollution and noise due to the number of cars; danger for children playing outside because of parking and strangers patronizing the restaurant;

-Mr. J. Gentile, Etobicoke, on his own behalf and that of Mrs. M. Holland, expressing concern about the illegal removal of a City tree, and the work that has already been done on the property; the potential for overcrowding of the parking area; noise and air pollution; and the fear that if approved, further expansion will be requested in the future necessitating removal of the existing house;

-Mr. R. Patel, Etobicoke, concerned about the safety factor of cars coming in and out onto McIntosh Avenue, and the paving of front yard area;

The following persons appeared before the Etobicoke Community Council in support of the proposal:

-Mr. P. Schafft, on behalf of the Board of Directors, Grand Ravine Owners Inc., noting that the provision of additional parking will assist in maintaining the viability of a successful neighbourhood business; will improve the image of the Queensway commercial strip; and endorsed the efforts of the applicant in the community;

-Mr. J. Emmerson, Etobicoke, commending the efforts of the applicant over the past 15 years to establish a first-class restaurant, improving the appearance of the commercial plaza, and providing employment for area residents;

- Mr. F. Kearns, Etobicoke, explaining that the metered parking is on the opposite side of The Queensway, a difficult road to cross, and that this application will lessen the tendency to park on the side streets;

-Ms. J. Richmond, Toronto, commenting that the proposed parking area cannot accommodate as many cars as the opponents have stated, as it would impede the ability of customers to come and go;

-Mr. R. Harrison, Etobicoke, noting that any effort to provide additional parking for customers is worthwhile;

-Mr. J. Capobianco, Toronto, who expressed his support of the application; and

-Mr. D. Racic, Etobicoke, who advised of his own efforts to improve parking adjacent to his property, and offered suggestions to protect the abutting properties on McIntosh Avenue.