To: Chairman and Members, Etobicoke Community Council

From: Karen V. Bricker, MCIP

Commissioner of Urban Development

Meeting January 21, 1998

Date:

Subject: PUBLIC MEETING - D. SUD & SONS

1. PURPOSE

To amend the Planned Commercial Local (CPL) zoning on an existing shopping plaza at Dixon Road and Kipling Avenue, to permit a full range of commercial uses in one Building ‘D’ and to permit restaurant uses in the new Building ‘E’ fronting Northcrest Road.

2. FUNDING SOURCES, FINANCIAL IMPLICATIONS AND IMPACT STATEMENT:

There are no funding sources or financial implications.

3. RECOMMENDATION

It is recommended that the application by D. Sud and Sons for amendment to the Zoning Code to permit a full range of commercial uses in Building ‘D’ be the subject of a Public Meeting to obtain the views of interested parties and, if approved, the conditions outlined in this report be fulfilled. It is further recommended that the request to introduce restaurant uses into Building ‘E’ be refused.

4. BACKGROUND

D. Sud and Sons own the site of the Westway Shopping Plaza located at the south-east corner of Dixon Road and Kipling Avenue (Exhibit No. 1). In 1995, Etobicoke Council passed Official Plan Amendment 29-95 and By-Law No. 1995-223 to facilitate expansion of the plaza by adding two buildings (Exhibit No. 2), Building ‘D’ at the north end of the plaza to be a free standing family restaurant and Building ‘E’, at the south end of the plaza, to contain a mix of office and retail uses. Restaurant uses were restricted from locating in Building ‘E’. Residents on Northcrest Road objected to OPA 29-95 and By-Law No. 1995-223. The Ontario Municipal Board dismissed those appeals.

In April 1997, the Etobicoke Committee of Adjustment granted a variance to By-Law No. 1995-223 to permit 232.25 m2 of Building ‘D’ to be used for a "convenience restaurant" and 102.19 m2 to be used for any of the commercial business uses permitted within the Planned Commercial Local zoning category. One condition of that variance is that the approval is for a term of ten (10) years, expiring on April 30, 2007.

4.1 Surrounding Uses

The surrounding land uses are as follows:

North: Across Dixon Road, high density residential apartment buildings zoned Fourth and Fifth Density Residential (R4) and (R5)

South: Across Northcrest Road, Low density residential, single detached dwellings zoned Second Density Residential (R2)

East: High density residential apartments zoned Fourth Density Residential (R4) and low density residential single detached dwellings, zoned Second Density Residential (R2)

West: Across Kipling Avenue, low density residential, single detached dwellings, zoned Second Density Residential (R2)

4.2 Proposal

The applicants, D. Sud & Sons are now seeking zoning amendments to allow the complete range of Commercial uses within Building ‘D’ which were permitted on a 10 year temporary basis by the Committee of Adjustment.

In addition the applicant recently revised the application by requesting that a variety of restaurant uses be permitted in Building ‘E’ fronting on Northcrest Road, thereby eliminating the prohibition on restaurant uses contained in By-law 1995-223. No further changes to the size and location of the buildings are being sought.

The following is a summary of relevant information:

Official Plan Community Retail

Zoning - Existing Local Planned Commercial Local (CPL)

with use restrictions

Proposed CPL with use restrictions removed

On Buildings ‘D’ & ‘E’

GFA Building ‘D’ 318.3 m2 3,426.7 sq.ft.

‘E’ 2 220.3 m2 23,900.0 sq.ft.

Building Height 2 storey

5. COMMENTS

5.1 Official Plan and Zoning Code

The Official Plan, as amended by OPA 29-95, designates the site Community Retail (C) which permits the proposed commercial uses.

The plaza is zoned Planned Commercial Local (CPL) which permits the proposed uses, with some exceptions. In order to permit the full range of commercial uses in Building ‘D’ on a permanent basis, and the proposed restaurant type uses in Building ‘E’, an amendment is required.

5.2 Staff Comment

As noted, the Committee of Adjustment approved a wider range of commercial uses on a temporary, 10 year basis in a portion of Building ‘D’. Staff have no concerns with permitting the full range of commercial uses in Building ‘D’ on a permanent basis. However, the proposed addition of restaurant type uses in Building ‘E’ is of concern.

When the proposed expansion of this plaza was being discussed in 1994-95 leading to the approval of OPA 29-95 and By-law No. 1995-223, concerns were expressed by the community about negative impacts related to restaurant uses. In response, it was noted that the proposed restaurant was to be at the north end of the plaza and was to be a family type restaurant. It was also noted, and agreed to by the applicant, that the City could restrict restaurant uses from locating in the new building (Building ‘E’) at the southern end of the plaza, thereby removing or minimizing the likelihood of negative impacts on the adjacent low density residential area. Such restriction was included in By-Law No. 1995-223.

When OPA 29-95 and By-law No. 1995-223 were before the Ontario Municipal Board, issues related to concerns about restaurant uses were not discussed, since they had previously been dealt with through the restriction in the By-Law, acceptable to the applicant and the community.

Given that the previously expressed community concerns about the introduction of restaurant uses in Building ‘E’ remain valid, staff feel that there is no compelling reason to remove the restriction on these uses.

5.3 Agency/Dept. Circulation

In response to the circulation of this application no objections were expressed.

The Transportation Planning Section of the Works Department notes that the Dixon Road and Kipling Avenue access driveways should be constructed in accordance with the Site Plan Control approval granted in 1996 and, that the 0.305 m reserve along Dixon Road and Kipling Avenue should reflect the new driveway dimensions.

5.4 Community Input

Given that the wider range of commercial uses proposed by this application for Building ‘D’ had been approved by the Committee of Adjustment in April 1997, the Ward Councillor did not require a community meeting on this proposal.

6. CONCLUSION

The uses proposed in existing Building ‘D’ are in conformity with the Official Plan and have been previously approved through the Committee of Adjustment, consequently should be supported. However, the restriction on restaurant uses in Building ‘E’ was included to address community concerns and is recommended to remain.

Should this application be approved, the following conditions should apply:

7. CONDITIONS TO APPROVAL

1. Prior to the enactment of an amending By-Law, the Kipling Avenue and Dixon Road access driveways should be constructed in accordance with the Site Plan Control approval granted in 1996, to the satisfaction of the Transportation Planning section of the Works Department.

2. The amending By-law to provide for the full range of commercial uses permitted in the Planned Commercial Local zoning category in Building ‘D’ adjacent to Dixon Road and reaffirm the restriction on restaurant uses in Building ‘E’ adjacent to Northcrest Road.

8. CONTACT NAME

Ed Murphy, Tel: (416) 394-8234 Fax: (416) 394-6063

Area Planner, Development and Design

Respectfully submitted,

Karen V. Bricker, MCIP

Commissioner of Urban Development

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