June 30, 1999

To:Scarborough Community Council

From:Ted Tyndorf, MCIP, RPP

Director of Community Planning, East District

Subject:PRELIMINARY EVALUATION REPORT

Zoning By-law Amendment Application SC-Z19990017

VMP Properties Inc.

2085 Lawrence Avenue East

Part of Block B, Registered Plan 4539

Wexford Community

Scarborough Wexford

Purpose:

This report provides a preliminary evaluation of the application to amend the Wexford Community Zoning By-law No. 9511 for the above property, to add restaurants to the limited list of other Community Commercial (CC) uses currently permitted on this site. (Restaurants are generally a permitted use within Community Commercial zones in Scarborough.)

Financial Implications:

None.

Recommendation:

That Scarborough Community Council direct the Director of Community Planning (East District) to process the application in the normal manner and convene a Public Meeting to consider this application targeted for the third quarter of 1999, with notice of the Public Meeting to be provided to all properties within 120 metres (400 feet) of the subject property.

Background:

The subject property, the two westerly properties at 2055-2069 and 2075 Lawrence Avenue East, and lands on the north side of Lawrence Avenue, both east and west of Warden Avenue, are designated Community Commercial. Taken together, these lands comprise a Community Commercial node for the Wexford Community which under the Official Plan is intended to provide a population of 15,000 to 30,000 people within a 1.5 kilometre radius with major food facilities and weekly shopping needs and services. A Context Plan of the three properties from 1994 is attached as Figure 3.

Given the current application, it is helpful to review the lengthy planning history of these three properties, particularly with respect to the issue of restaurants.

2085 Lawrence Avenue:

In 1979, the Wexford Community Secondary Plan for this property was amended from "Residential" to "Community Shopping Area Uses" (now referred to as "Community Commercial"), and the Zoning By-law was amended to permit commercial uses, excluding restaurants. Two years later, Council of the (former) Borough of Scarborough amended the by-law to permit restaurants and the matter came before the Ontario Municipal Board. Resident objectors indicated they did not oppose the earlier Official Plan change because there was a clear indication at the time that restaurants were not being proposed, and that their concerns with a restaurant involved traffic, noise, odour and refuse. The owner of the Wexford Plaza on the north side of Lawrence Avenue, now also the owner of 2055-2069 and 2075 Lawrence Avenue, cited concerns about parking adequacy and overflow parking impacts on the Wexford Plaza. The Board was quite critical of the Borough's action, only two years after amending the Official Plan, to introduce restaurants despite resident concerns, and only a limited array of retail uses was permitted.

In 1992, the current owner of the subject property applied to again amend the Zoning By-law (File Z92042), to permit an expanded range of retail activities, as well as restaurants. Planning staff had some concerns with the adequacy of the existing parking arrangement, and the owner withdrew restaurants from the application prior to its consideration by Council.

2075 Lawrence Avenue:

In 1976 Council, on an application by Her Majesty the Queen, amended the Wexford Community Secondary Plan to replace the "Residential" designation with a "Highway Commercial" designation limited expressly to a post office only. In 1992, the owner of the Wexford Plaza, who had purchased the property when it was declared surplus by Ottawa, applied to amend the Official Plan and Zoning By-law (Files P92030 and Z92051) to allow the full array of Community Commercial uses.

Planning staff recommended that such things as auto sales and service not be permitted given the context of the site next to residential uses, and that restaurants not be permitted given the limited parking capacity of the site. Retail uses, however, without any specific limitation as to type, were supported. Council ultimately amended the recommendation to limit retail uses only to the activities of a Goodwill store (which had then been identified as the tenant of the former post office building), being the "sale, service and repair of clothing, furniture and appliances".

All Three Properties:

As a result of the above noted two proposals in 1992, Council in 1993 directed that the question of full commercial permissions on all three properties be further reviewed. In this regard, Planning staff initiated a rezoning application (File Z94003) for 2055-2069 Lawrence Avenue to include this property in any possible rezoning decision. (Figure 3 illustrates the site plans from that period for all three properties.) Community consultations were also undertaken in regard to this initiative, and again concerns were expressed from residents immediately to the south about property maintenance and potential impacts from restaurants.

The Public Meeting for rezoning of all three of the above noted properties was conducted in March 1994, with Council approving individual rezoning by-laws on the properties in 1994, 1995 and 1997 (the different dates being attributable to finalizing certain site plan matters on each site). The rezonings provided for banks, business and professional offices, medical centre, retail stores, service shops and studios only on each of the properties, and excluded restaurants.

2055-2069 Lawrence Avenue:

The owners of the Wexford Plaza and 2075 Lawrence have also obtained this property. In 1996 they applied for a rezoning to allow a 230 square metre (2,500 square foot) restaurant, based in part on their ownership of 2075 Lawrence and their ability to now integrate site access and vehicle circulation, parking, landscaping, grading and fencing over the two properties such that they could essentially function as one site. In June 1996, Planning staff presented a Preliminary Evaluation Report to the (former) City of Scarborough Council, recommending that community consultation be undertaken and a further report submitted. Council, however, refused the application at this stage.

In 1998, the owners appealed that decision, and the hearing of the Ontario Municipal was held in January 1999. The City Solicitor requested and received Council's authority to retain an external Planning consultant to present the City's case. In its decision allowing the appeal on March 15, 1999, the Board noted that there are no policy constraints within either the overall Official Plan or the Wexford Community Secondary Plan to prohibit restaurants within a Community Commercial designation. The Board also found that the City's parking requirements could be adequately satisfied, and that the resident's concerns could be satisified by restricting unit access to the Lawrence Avenue face of the building, prohibiting outside garbage storage or any patio exposed to neighbouring residences, and requiring a privacy fence between the commercial use and the dwellings to the rear. The Board's Order implementing the decision has been withheld pending the owner receiving Site Plan Control and Consent (mutual easement) approvals from the City for both 2055-2069 and 2075 Lawrence Avenue, which were applied for in April 1999 and are under review.

Comments:

Potential Benefits

As with the previous approval for a wider range of permitted retail activities, approval of this application to permit restaurant use would afford the owner greater business flexibility, would help to attract and maintain other viable commercial activities on this site and would generally reflect other Community Commercial designations across Scarborough which permit restaurants. This would support the desirable functioning of a property within a Community Commercial node on the active and successful Lawrence Avenue East business strip, which is already characterized by many different restaurants.

Possible Concerns

Concerns previously expressed by area residents regarding traffic, noise, privacy, odours and garbage associated with restaurants are understandable. The City's current standards for restaurants are much higher than those previously applied, including the requirement for indoor garbage storage. The requirements imposed by the Ontario Municipal Board on 2055-2069 Lawrence, particularly in regard to fencing and limitations on front entrances and patios, were intended to address these issues. Similar measures specific to 2085 Lawrence Avenue can be adequately addressed through the Site Plan Control process.

The site currently contains a one-storey 1,129 square metre (12,150 square foot) multi-tenanted commercial building, and approximately 34 parking spaces. This supply is not presently sufficient to accommodate any conversion of space for restaurant purposes. However some adjustments to the parking layout and landscaping can be considered to accommodate parking for a modest restaurant without compromising the City's restaurant parking requirement. Alternatively, the owner would have to submit a Site Plan Control application for substantial modification of the existing building or full site redevelopment, to realize any benefit from a restaurant permission.

Contact Name:

Rod Hines, Principal Planner

Scarborough Civic Centre

Telephone: (416) 396-7020

Fax: (416) 396-4265

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

 Ted Tyndorf, MCIP, RPP

Director of Community Planning, East District