June 7, 1999

To:Scarborough Community Council

From:Ted Tyndorf, MCIP, RPP.

Director of Community Planning, East District

Subject:AUTHORIZATION TO ISSUE NOTICE

Zoning By-law Amendments Resulting from

Interim Control By-law 817-1998 SW1998019

Birchcliff and Clairlea Communities

Scarborough Bluffs

Purpose:

The purpose of this report is to obtain Council authorization to issue Notice of a Public Meeting to consider proposed Zoning By-law Amendments applying to 10 properties in the Birchcliff and Clairlea Communities. These properties all contain Places of Worship and are currently subject to Interim Control By-law 817-1998 which is in effect until October 28, 1999. As directed by Council, the proposed amendments result from a study which assesses the suitability of maintaining zoning permissions for Nursing Homes and Senior Citizens' Homes on the subject properties and proposes appropriate zoning standards.

Financial Implications:

None

Recommendation:

That Scarborough Community Council direct staff to issue Notice of a Public Meeting to be held at the September 14, 1999 meeting of Scarborough Community Council, with notice to be provided to all owners within 120 metres (400 feet) of Site Nos. 2 to 8 and 10 to 12 identified on Figures 1 and 2 attached to this report.

Background:

On October 30, 1998, Toronto Council enacted Interim Control By-law 817-1998 which applies to all sites zoned Limited Institutional in the Birchcliff and Clairlea Communities. Eleven of these sites are currently occupied by a Place of Worship. The twelfth is occupied by a school which in addition to the Limited Institutional zoning has a School zoning. During the term of the Interim Control By-law, Nursing Homes and Senior Citizens' Homes cannot be erected on the subject properties. The remaining uses, being Places of Worship and Day Nurseries, continue to be permitted.

Interim Control By-law 817-1998 was appealed to the Ontario Municipal Board by the owner of one of the subject sites, being 255 Blantyre Avenue (Site No. 1 on Figure 1). A hearing on this matter was concluded on April 8, 1999. As of the date of this report, a decision has yet to be rendered by the Board.

Since the enactment of the Interim Control By-law, staff have conducted a planning review of the subject sites to determine whether the permissions for Nursing Homes and Senior Citizens' Homes should be maintained and if so, the range of zoning standards which should apply. Council may recall that the Interim Control By-law was enacted as a response to the virtual absence of zoning controls on these properties including height restrictions, most setbacks and parking requirements.

Comments:

Summary of Staff Recommendations

Zoning changes are being recommended for ten of the twelve sites. No recommendations are presented for 255 Blantyre Avenue as the zoning of this property, and a concurrent Site Plan Control application, were the subject of the aforementioned Ontario Municipal Board hearing and a decision has yet to be rendered. If the Board upholds the Interim Control By-law as it applies to 255 Blantyre Avenue, it will be necessary to schedule a separate Public Meeting before Council to consider any zoning changes for this site.

No changes are recommended for the Our Lady of Fatima Separate School property (Site No. 9 on Figure 2). Upon further review by staff, the zoning of the site limits the permitted uses to a School and Day Nursery only. As the school site does not currently have Nursing Home and Senior Citizens' Home permissions, no further work is mandated by this planning review.

The staff recommendations for the remaining ten sites are contained in the attached report. In essence, it is recommended that Nursing Home and Senior Citizens' Home permissions be removed from two of the ten sites due to site constraints and an anticipated adverse impact if they were to be developed with these uses. For the remaining eight sites, it is recommended that the existing permissions for the two uses be maintained. Proposed building envelopes for each site providing height limits, setbacks and maximum coverage have been developed. These standards are also relevant to the development of Places of Worship and Day Nurseries and therefore, it is recommended that they be applied to the development of all permitted uses under the Limited Institutional zoning.

Minimum parking standards resulting from an analysis by Transportation staff are proposed. Based on the analysis, staff are recommending a minimum 0.3 spaces per Senior Citizens' Home unit and/or Nursing Home bed. This standard is based on a review of existing standards in other Toronto Districts and neighbouring municipalities, as well as telephone interviews and site visits of existing facilities. Due to the quasi-institutional nature of Senior Citizens' Homes and the institutional nature of Nursing Homes, resident parking demand is anticipated to be low. The 0.3 spaces per unit/bed is considered sufficient to satisfy the parking demand of residents, staff, service vehicles and visitors to these facilities.

Notice To Be Issued If Interim Control By-law Upheld

As stated above, the Interim Control By-law was challenged at an Ontario Municipal Board hearing dealing with minor variance, zoning and site plan appeals for 255 Blantyre Avenue. Until a Board decision is rendered on the Interim Control By-law, Legal Division staff recommend that notice of the proposed amendments detailed herein be withheld. If the Interim Control By-law is upheld, then notice will be issued. If the Board directs otherwise, notice will not be issued and staff will report further on the results of the hearing. Municipal Board staff advise that a decision should be available by next month.

Results of Community Meetings

Two community meetings were organized by staff to obtain feedback on the proposals. The first was for the church owners/representatives. Despite individual mailings to the owners indicated in the Assessment Rolls, only the owner of 255 Blantyre Avenue responded to the invitation. The second meeting was for area residents. Over 1,800 invitations were issued and all 3 Community Associations in the area were notified. In response, approximately 25 telephone calls from local residents were received and 10 households attended an Open House hosted by staff.

The majority of residents staff have spoken to concur with the staff recommendations. However, one caller who lives on East Road in proximity to Site No. 3 expressed concern that Nursing Home and Senior Citizens' Home permissions on this site are not appropriate and will generate excessive traffic. Given the location of this site on Warden Avenue adjacent to Kingston Road and a public library, as well as the relatively low volume of traffic generated by these facilities particularly when compared to Places of Worship, staff believe this site is both a viable and desirable location for potential uses of this nature. In addition, a resident who attended the Open House indicated he would prefer a 2 storey height limit for Site No. 3 versus the recommended 3 storeys and a smaller building footprint. Staff believe the recommended footprint together with a 3 storey height limit balances neighbourhood fit with the desire to provide for a potentially viable operation on this property.

Contact Name:

Ms. Jayne Naiman

Scarborough Civic Centre

Telephone: (416) 396-7040

Fax: (416) 396-4265

E-mail: naiman@city.scarborough.on.ca

Ted Tyndorf, MCIP, RPP.

Director of Community Planning, East District

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CITY OF TORONTO

ZONING REVIEW

NURSING HOME & SENIOR CITIZENS' HOME

PERMISSIONS UNDER THE

LIMITED INSTITUTIONAL ZONING

Birchcliff & Clairlea Communities

STAFF PROPOSALS

FOR PUBLIC REVIEW

Ted Tyndorf, MCIP, RPP.

Director of Community Planning, East District

Urban Planning and Development ServicesJune 1999

INTRODUCTION

On October 30, 1998, Toronto Council enacted Interim Control By-law 817-1998 which applies to 12 sites zoned Limited Institutional in the Birchcliff and Clairlea Communities. Eleven of these sites are currently occupied by a Place of Worship. The twelfth is occupied by a school, which in addition to the Limited Institutional zoning, has a School zoning. The subject sites are identified on Figures 1 and 2 of this report.

The Limited Institutional zoning permits the following uses:

-Day Nursery

-Nursing Homes

-Place of Worship

-Senior Citizens' Homes

Under Interim Control By-law 817-1998, Nursing Homes and Senior Citizens' Homes cannot be erected on the subject properties for a one year period ending October 28, 1999. However, Places of Worship and Day Nurseries continue to be permitted.

WHAT PROMPTED THIS BY-LAW?

Interim Control By-law 817-1998 was enacted after Council became aware that existing church sites in the Birchcliff and Clairlea Communities were also zoned for Nursing Homes and Senior Citizens= Homes with virtually no associated zoning controls. While the existing church facilities on these sites are typically one to two storeys with fairly low building coverage, Nursing Homes and Senior Citizens' Homes could be higher and have larger building mass due to the economies of scale required to make these facilities economically viable. This raises issues of compatibility with the adjacent neighbourhood.

WHAT IS THE CURRENT ZONING OF THESE SITES?

The existing zoning on these sites generally consists of a front yard setback, a setback from the side street for corner lot locations and a maximum permitted building coverage of either 30% or 40% of the site area (see Table 1). There are no standards for Nursing Home or Senior Citizens' Home parking, maximum height, and side and rear yard setbacks. This zoning dates back to the early 1960's when the by-laws for these two communities were first enacted and clearly does not provide the degree of regulation currently applied to development applications and to which local residents have become accustomed.

WHAT IS THE MANDATE OF THE STUDY?

Given the deficiencies in the existing zoning, Council directed that a planning study be conducted during the period the Interim Control By-law is in effect which:

(1)Assesses whether Nursing Homes and Senior Citizens' Homes should continue to be permitted under the Limited Institutional zoning; and

(2)Recommends Performance Standards for incorporation into the Zoning By-law, including but not limited to height and density standards to ensure an appropriate fit within the existing neighbourhood context where permissions for Nursing Homes and Senior Citizens' Homes are proposed to be maintained.

SUMMARY OF STAFF REVIEW

Since the enactment of the Interim Control By-law, a planning review has been conducted in accordance with the above mandate. The results of the staff review are contained in the attached tables and maps. Table 1 summarizes the existing zoning for each site. Figures 3 to 14 show the existing context for each site. Figures 4A to 14A show the recommended building envelopes for each site where zoning changes are being recommended including maximum height, front, side and rear setbacks, and maximum coverage. As discussed below, there are no Figure A's for Site Nos.1, 4, 9 and 11 as either no recommendations are being made for the site in question or the current permissions for Nursing Homes and Senior Citizens' Homes are being proposed to be removed. Table 2 summarizes, in written form, the recommended zoning changes illustrated on Figures 4A to 14A.

No Recommendations Offered for Site Nos. 1 and 9

Site No. 1 (255 Blantyre Avenue) is a former church property which has been purchased by a private company seeking to develop the property for a Senior Citizens' Home. The zoning of this site was the subject of a recent Ontario Municipal Board hearing. If the Ontario Municipal Board upholds the Interim Control By-law for this site, recommendations for appropriate zoning standards will be developed at a later date.

Further review of the zoning for Site No. 9 (Our Lady of Fatima Separate School) revealed that the permitted uses are limited to a School and Day Nursery only. As this site does not have Nursing Home and Senior Citizens' Home permissions, no further review of this site is required.

WHAT ARE THE STAFF RECOMMENDATIONS?

Sites Where Existing Permissions Should Be Removed

Of the remaining ten sites reviewed, it is recommended that the permissions for Nursing Homes and Senior Citizens' Homes be retained for eight sites and removed from two sites, being Site Nos. 4 and 11.

Site No. 4 contains a church building which appears to be a converted single-family dwelling. The area of the site, being 435 square metres (4,680 square feet), is no larger than a very small single-family residential lot. Furthermore, the site is surrounded by similar-sized lots. Given the size of this parcel, an adverse impact could be anticipated by the redevelopment of this site for a Nursing Home or Senior Citizens' Home.

Site No. 11 is an L-shaped property located mid-block with 17.5 metres (58 feet) of frontage on St.Clair Avenue. The parcel to the immediate west is in separate ownership and is zoned Single-Family Residential, as are all other abutting properties. In the absence of consolidating the subject property with the parcel to the west to create an appropriate redevelopment site, staff believe that an adverse impact on adjacent uses could result if this parcel was to be redeveloped for a Nursing Home or Senior Citizens' Home.

Sites Where Permissions Should Be Maintained

A range of Performance Standards are proposed for the sites where the existing permissions for Nursing Homes and Senior Citizens' Homes are maintained. As these standards are also relevant to the development of Places of Worship and Day Nurseries, it is recommended they be applied to the development of all permitted uses under the Limited Institutional zoning.

Height Restrictions

Where Nursing Home and Senior Citizens' Home permissions are maintained, the recommendations for height restrictions are based on the following principles:

(1)A maximum 3 storey height limit should apply to sites in the interior of single-family residential neighbourhoods;

(2) A maximum 4 storey height limit should apply to sites which are entry points into local neighbourhoods; and

(3) A maximum 6 storey height limit should apply to sites which are located on arterial roads, which are corner locations, and have a sufficient setback from neighbouring uses that they would not cause an adverse impact. Where such properties abut single-family residential properties, a two storey height limit applying to the portion of the building adjacent to the residential properties should apply.

Parking Supply

As a result of a review undertaken by Transportation staff of the Urban Planning and Development Services Department, a minimum standard of 0.3 parking spaces per Senior Citizens' Home unit and/or Nursing Home bed is being recommended. This recommendation results from a review of existing standards in other Toronto Districts and neighbouring municipalities as well as telephone interviews and site visits to similar facilities. Due to the quasi-institutional nature of Senior Citizens' Homes and the institutional nature of Nursing Homes, resident parking demand is anticipated to be low. The 0.3 spaces per unit/bed is considered sufficient to satisfy the parking demand of residents, staff, service vehicles and visitors to these facilities.

Building Coverage

As noted earlier, the by-law presently restricts building coverage on the subject properties to either 30% or 40% of the area of the site. These standards are low relative to contemporary standards particularly as most of the parking supply would be located underground if the proponent wishes to build to the maximum building envelope. The recommended maximum building coverage of 50%, together with the other standards being proposed, balance neighbourhood fit with the desire to provide for a viable project should these sites be redeveloped for Nursing Homes or Senior Citizens' Homes.

Building Setbacks

Front, side and rear yard setbacks have been developed having regard for site conditions, vegetation, location of current building(s) on site and setbacks of adjacent development.

WHAT IS THE NEXT STEP?

The recommendations contained in this report were presented at a Community Information Meeting for church-owners/representatives and at an Open House for area residents in May, 1999. This report will be available for public review over the summer months.

On September 14, 1999, Toronto Council will hold a Public Meeting to consider proposed Zoning By-law Amendments resulting from this review. The recommended zoning standards are illustrated in Figures 4A to 14A and are summarized in written form on Table 2 attached to this report.

For further information, please call Ms. Jayne Naiman at 396-7040 or Mr. Neil Cresswell at 396-4927.