City-Initiated Zoning By-law Amendments SW1998019
Resulting from Interim Control By-law No. 817-1998
Various Church Sites in the
Birchcliff and Clairlea Communities
Ward 13 - Scarborough Bluffs
The Scarborough Community Council, after considering the deputations and based on the finding of fact,
conclusions and recommendations contained in the report, dated August 6, 1999, from the Director of Community
Planning, East District, recommends that the report of the Director of Community Planning, East District, be
adopted.
The Scarborough Community Council reports having held a statutory public meeting on September 14, 1999, in
accordance with Section 17 and Section 34 of the Planning Act and the regulations thereunder.
The Scarborough Community Council submits the following report (August 6, 1999) from the Director of
Community Planning, East District:
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
The Scarborough Community Council submits, for the information of Council, the following communication
(September 12, 1999) from Beth Moore, Chair, Church Board, Birch Cliff United Church:
The Church Board of Birch Cliff United Church has considered the recommendations for amendments to the Zoning
By-law applying to the church property which are contained in report to the Scarborough Community Council submitted on
August 6, 1999 by Mr. Ted Tyndorf.
The Church Board supports the recommendations for changes to the zoning of the church property. However, we wish the
Council to be aware that should the church congregation, at some time in the future, be able to raise the money needed to
undertake the renovations required to make the building accessible to wheelchairs, we will likely need some variances to
the setback requirements to accommodate an expanded entranceway and ramp. We would hope that the Council would be
receptive to such a request.
We understand from your office that the assessment rolls show a financial institution as the "owner" of the church property
and that notices relating to this matter have therefore not been sent to the church address. The church has been
mortgage-free since the mid-1960's so we will be taking the necessary steps to have a discharge registered and the
assessment rolls corrected. In the meantime we request that all correspondence relating to this and any other planning
matters be sent to the Church Board at the 33 East Road address.