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January 15, 1998
To: East York Community Council
From: Richard Tomaszewicz
East York Commissioner of Development Services
Subject: APPLICATION FOR A ZONING BY-LAW AMENDMENT
Cara Operations Limited
7 Curity Avenue
Ward 1 - East York Community
Purpose:
The purpose of this report is to provide the East York Community Council with a staff opinion and recommendations on an application to amend Zoning By-law No. 6752 to permit a restaurant in the home improvement retail warehouse (Home Depot) at 7 Curity Avenue. The report is for the Community Council's consideration at the public meeting on February 18, 1998.
Recommendations:
That the East York Community Council recommend:
(1) That City Council approve the application by Cara Operations Limited to amend Zoning By-law No. 6752 to permit a restaurant with no seating, not exceeding 48 m2 in floor area (93 m2 including floor area devoted to patrons) inside the home improvement retail warehouse at 7 Curity Avenue;
(2) That City Council authorize the entering into of an agreement between the Owner and the City to execute the Agreement concerning garbage and refuse control on behalf of City Council;
(3) That City Council enact a zoning by-law amendment in the form attached.
BACKGROUND:
On November 19, 1996, Cara Operations Limited submitted an application to amend Zoning By-law No. 6752 to the former Borough of East York to permit a restaurant inside the Home Depot building at 7 Curity Avenue. The applicants were proposing to construct a 35 m2 (375 sq. ft.) kiosk inside the building, to be occupied by a Harvey's Restaurant. An amendment to the zoning by-law is required because the property is zoned Mixed Commercial Industrial - Site Specific MCI-3(c), which permits a home improvement retail warehouse and accessory uses, but not a restaurant.
On March 10, 1997, East York =s Committee of the Whole - Planning held a public meeting on the application, as required by Section 34 of the Planning Act. At the meeting, a resident of the neighbourhood expressed a concern that paper wrappers, drink cups and other garbage generated on the site could be scattered onto adjacent properties.
The East York Committee of the Whole - Planning, made the following recommendations to East York Council:
1) That the public meeting be adjourned sine die;
2) that the Commissioner of Development Services be requested to report after negotiating a voluntary agreement with appropriate parties to ensure a litter and garbage control and maintenance policy for the site is established;
3) that the Borough Clerk and the Commissioner of Development Services be requested to schedule the resumption of this public meeting in accordance with the Planning Act, once the Commissioner of Development Services has prepared the requested report.
The East York Committee of the Whole - Planning also recommended that one letter and two deputations on the application be received and noted.
On March 17, 1997, East York Council adopted the recommendations of the East York Committee of the Whole - Planning.
A copy of the staff report to the Committee of the Whole - Planning, from the March 10, 1997 Public Meeting is attached.
DISCUSSION:
1. New Public Meeting:
Instead of scheduling a resumption of the March 10, 1997 public meeting as requested by the Borough of East York Council, staff scheduled a new public meeting for February 18, 1998 for the following reasons:
! The Planning Act requires Toronto City Council or a committee of Council to hold a public meeting before passing a zoning by-law. The last public meeting was held by the Committee of the Whole - Planning of the Council for the Borough of East York. The new City of Toronto Council or a committee of City Council must hold a public meeting. The City Council's Procedural By-law has delegated the responsibility for holding public meetings on zoning by-law amendments to the Community Councils.
! Both members of the East York Community Council were not present at the last public meeting.
2. Agreement:
In November, 1997, Planning staff negotiated terms acceptable to Cara Operations and the owners of the property, 2871220 Canada Limited. The Borough Solicitors prepared a draft agreement, a copy of which is attached to this report.
The agreement requires the owner and restaurant operators to:
(i) ensure that all garbage generated from the restaurant and coffee shop is kept in a storage area inside the building at all times;
(ii) remove all garbage from the storage area, at their own expense, on a regular basis;
(iii) ensure that the property and municipal boulevard surrounding the property are regularly inspected and cleared of any garbage generated from the restaurant or coffee shop.
If City Council is satisfied with the terms of the Agreement, authority for the City to enter into the Agreement should be given by City Council.
3. Revisions to the Proposal:
At the March 10, 1997 public meeting, the applicants were proposing a 35 m2 (375 sq. ft.) restaurant kiosk, to be occupied by a Harvey's Restaurant, and 17 m2 (183 sq. ft.) of floor area devoted to patrons, for a total floor area of 52 m2 (558 sq. ft.). The applicants proposed a stand-up counter for patrons, with no seating.
Subsequent to the public meeting, the applicants revised the proposal to include a Second Cup coffee shop. The two restaurant operators will jointly occupy a 48 m2 (515 sq. ft.) kiosk. An additional 45 m2 (485 sq. ft.) of floor area will be devoted to patrons, but no seating is proposed. Patrons could consume food and beverages at a stand-up counter adjacent to the kiosk. The total floor area devoted to the restaurants will be 93 m2 (1,001 sq. ft.).
4. Public Notice:
Notice of this public meeting was given by mail to every owner of land within 120 metres (394 ft.) of the site, in accordance with the requirements of Ontario Regulation 199/96. A Notice sign was also posted on the property soon after the application was submitted.
5. Planning Staff Comments:
The comments from Planning staff and other agencies in the attached report dated February 21, 1997 to the Borough of East York =s Committee of the Whole - Planning are still applicable. Staff's comments are applicable to the revised application.
CONCLUSIONS:
Staff recommend that the application be approved, and that the authority for the City to enter into the Agreement concerning garbage and refuse control in the form drafted by the City Solicitors and attached to this report, be granted.
Staff also recommend that a zoning by-law amendment, in the form attached to this report, be enacted by City Council.
CONTACT:
Paul Galvin, Planner
East York Community Office
(416) 778-2043
(416) 466-9877 Fax
planning@borough.eastyork.on.ca
Respectfully submitted,
RICHARD Z. TOMASZEWICZ
East York Commissioner of Development Services
/PG
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