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August 6, 1999

To:Scarborough Community Council

From:Ted Tyndorf, MCIP, RPP.

Director of Community Planning, East District

Subject:Zoning By-law Amendments Resulting from Interim Control By-law 817-1998

SW1998019

Birchcliff and Clairlea Communities

Scarborough Bluffs

Purpose:

This report presents recommendations for amendments to the Zoning By-law 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. The proposed amendments result from a study directed by Council which assessed whether existing zoning permissions for Nursing Homes and Senior Citizens' Homes on the subject properties should be maintained and proposed appropriate zoning standards where the retention of these uses was being recommended.

Financial Implications:

None.

Recommendations:

It is recommended that City Council:

(A)amend the Birchcliff Community Zoning By-law No. 8786, as amended, as follows:

(1)35 Wood Glen Road (Site No. 2 on Figure 1)

(a)delete minimum front yard building setback and maximum building coverage standards and replace with the following:

(i)minimum 4 metres (13 feet) front yard building setback;

(ii)maximum 50 percent building coverage;

(b)add the following new standards:

(i)minimum 1.5 metres (5 feet) north side yard;

(ii)minimum 6 metres (20 feet) south side yard;

(iii)maximum 50 metres (164 feet) building length calculated from front yard building setback;

(iv)maximum 4 storeys (excluding mechanical and stairwell penthouses) and 16 metres (52 feet);

(2)33 East Road (Site No. 3 on Figure 1)

(a)delete minimum street yard building setbacks and maximum building coverage standards and replace with the following:

(i)minimum 4 metres (13 feet) front yard building setback;

(ii)minimum 6 metres (20 feet) building setback from side street;

(iii)maximum 50 per cent building coverage;

(b)add the following new standards:

(i)minimum 1.5 metres (5 feet) south side yard setback;

(ii)minimum 11 metres (36 feet) rear yard building setback;

(iii)maximum 4 storeys (excluding mechanical and stairwell penthouses) and 16 metres (52 feet) building height;

(3)250 Warden Avenue (Site No. 4 on Figure 1)

(a)delete the permissions for Nursing Homes and Senior Citizens' Homes;

(4)1512 Kingston Road (Site No. 5 on Figure 1)

(a)delete minimum front yard building setback and maximum building coverage standards and replace with the following:

(i)minimum 6 metres (20 feet) front yard building setback;

(ii)maximum 50 percent building coverage;

(b)add the following new standards:

(i)minimum 6 metres (20 feet) building setback from side street;

(ii)minimum 1.5 metres (5 feet) east side yard building setback;

(iii)minimum 20 metres (66 feet) rear yard building setback;

(iv)maximum 6 storeys (excluding mechanical and stairwell penthouses) and 24 metres (79 feet) building height;

(v)maximum 9 metres (29.5 feet) building height within 30 metres (100 feet) of an abutting Single-Family Residential Zone;

(5)1597 Kingston Road (Site No. 6 on Figure 1)

(a)delete minimum street yard building setbacks and maximum building coverage standards and replace with the following:

(i)minimum 6 metres (20 feet) front yard setback;

(ii)minimum 4 metres (13 feet) building setback from side street;

(iii)maximum 50 percent building coverage;

(b)add the following new standards:

(i)minimum 2.5 metres (8 feet) west side yard building setback;

(ii)minimum 9 metres (30 feet) rear yard building setback;

(iii)maximum 6 storeys (excluding mechanical and stairwell penthouses) and 24 metres (79 feet) building height;

(iv)maximum 9 metres (29.5 feet) building height within 19 metres (62 feet) of an abutting Single-Family Residential Zone;

(6)72 Birchmount Road (Site No. 7 on Figure 1)

(a)delete minimum front yard building setback and maximum building coverage standards and replace with the following:

(i)minimum 4.5 metres (15 feet) front yard building setback;

(ii)maximum 50 percent building coverage;

(b)add the following new standards:

(i)minimum 3.5 metres (11.5 feet) each side yard building setback;

(ii)minimum 6 metres (20 feet) rear yard building setback;

(iii)maximum 3 storeys (excluding mechanical and stairwell penthouses) and 12 metres (40 feet) building height;

(7)Parking Standard

(a)apply a parking standard requiring a minimum 0.3 parking spaces per Nursing Home bed and/or Senior Citizens' Home unit to the sites that continue to have these use permissions.

(B)amend the Clairlea Community Zoning By-law No. 8978, as amended, as follows:

(1)3240 St. Clair Avenue (Site No. 8 on Figure 2)

(a)delete minimum street yard building setbacks and maximum building coverage standards and replace with the following:

(i)minimum 6 metres (20 feet) front yard and side street building setback;

(ii)maximum 50 percent building coverage.

(b)add the following standards:

(i)minimum 1.5 metres (5 feet) west side yard building setback;

(ii)minimum 11 metres (36 feet) rear yard building setback;

(iii)maximum 6 storeys (excluding mechanical and stairwell penthouses) and 24 metres (79 feet) building height;

(iv)maximum 9 metres (29.5 feet) building height within 21 metres (69 feet) of an abutting Single-Family Residential Zone;

(2)1 Stamford Square North (Site No. 10 on Figure 2)

(a)delete minimum front yard building setback and maximum building coverage standards and replace with the following:

(i)minimum 11 metres (36 feet) front yard building setback;

(ii)maximum 50 percent building coverage;

(b)add the following new standards:

(i)minimum 11 metres (36 feet) side street building setback;

(ii)minimum 6 metres (20 feet) east side yard building setback;

(iii)minimum 7.5 metres (25 feet) rear yard building setback;

(iv)maximum 3 storeys (excluding mechanical and stairwell penthouses) and 12 metres (40 feet) building height;

(3)3113 St. Clair Avenue (Site No. 11 on Figure 2)

(a)delete the permissions for Nursing Homes and Senior Citizens' Homes;

(4)79 Westbourne Avenue (Site No. 12 on Figure 2)

(a)delete minimum front yard building setback and maximum building coverage standards and replace with the following:

(i)minimum 4 metres (13 feet) front yard building setback;

(ii)maximum 50 per cent building coverage;

(b)add the following new standards:

(i)minimum 4 metres (13 feet) side street building setback;

(ii)minimum 6 metres (20 feet) east side yard building setback;

(iii)minimum 6 metres (20 feet) rear yard building setback;

(iv)maximum 3 storeys (excluding mechanical and stairwell penthouses) and 12 metres (40 feet) building height;

(5)Parking Standards

apply a parking standard requiring a minimum 0.3 parking spaces per Nursing Home bed and/or Senior Citizens' Home unit to the sites that continue to have these use permissions; and

(C)Miscellaneous

authorize such unsubstantive technical, stylistic or format changes to the Zoning By-law Amendments as may be required to properly carry out the intent of this resolution.

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). In its Decision of June 11, 1999, the Board upheld the By-law in its entirety.

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 a Board Decision had not been rendered at the time staff sought authorization to provide Public Notice of the zoning changes recommended in this report. In view of the subsequent Board Decision, Community Council has directed a community consultation process be initiated to discuss the zoning of 255 Blantyre Avenue and that staff bring forward recommendations in a future report.

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.

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 three 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.

Conclusions:

The recommendations offered herein respond to an obvious and serious flaw in the Limited Institutional zoning which ultimately culminated in the enactment of the Interim Control By-law. The recommended changes will result in the removal of permissions for Nursing Homes and Senior Citizens' Homes in inappropriate locations while providing building envelopes for their development where deemed suitable. The proposed amendments will ensure housing opportunities serving the elderly population continue to be available and that new senior's housing and nursing homes on the subject properties are developed in a manner which complements the surrounding neighbourhood.

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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