Zoning By-law Amendment Application SZ1999001

734554 Ontario Ltd., 1255 Markham Road

Woburn Community

Ward 16 - Scarborough Highland Creek

The Scarborough Community Council, after considering the deputations and based on the finding of fact, conclusions and recommendations contained in the report, dated May 31, 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 July 15, 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 (May 31, 1999) from the Director of Community Planning, East District:

Purpose:

This report makes recommendations with respect to an application for an amendment to the Woburn Community Zoning By-Law No. 9510, as amended, as it pertains to 1255 Markham Road, to delete the prohibition of Restaurant Uses, and to permit a 280 square metre (3,010 square foot) addition to the front of the existing building for use as a restaurant.

Recommendations:

It is recommended that City Council:

(A)Zoning By-Law:

amend the Woburn Community Zoning By-Law, as amended, with respect to Lot 18, Concession 2, municipally known as 1255 Markham Road, as follows:

(1)delete the word "Restaurants" from the list of uses prohibited on this site; and

(2)restrict the size of Restaurant Uses to a maximum gross floor area of 280 square metres (3,010 square feet) and location of such uses to the portion of the lot within 20 metres of the front lot line and 28 metres of the northerly side lot line; and

(B)authorize any unsubstantive technical, stylistic or format changes to the Zoning By-Law Amendment as may be required to give effect to this resolution.

Background:

The property comprises 0.5 hectares (1.2 acres) containing a one-storey building with 1,327 square metres (14,280 square feet) of gross floor area. The existing building is presently used as a retail fruit market.

Official Plan Amendment 749, approved by the Minister of Municipal Affairs on May 17, 1989, redesignated the subject lands as Office Use, and the implementing Zoning By-Law No. 22582, enacted by Council on February 27, 1989, zoned these lands Offices (OU) (Figure 2), with an Exception which prohibits restaurant and recreational uses.

The Office Uses designation provides for offices, and provides that Council may also zone the land for Commercial Uses (retail sales and services) as a use secondary to offices including one or more of the following uses, either in addition to or instead of offices:

-Business services

-Social service uses, including but not limited to:

day nurseries, libraries, recreational facilities and educational facilities.

The policy also states that "Council shall have regard for the need of such facilities in addition to existing services while recognizing Council's overall and on-going commitment to provide employment opportunities in the City". Council may also restrict the amount of such additional uses by a density limit, by an absolute floor space limit, by a ratio of office space on the same site or by other appropriate means.

The Offices (OU) zoning permits offices, banks, educational facilities, recreational facilities, personal service shops, retail stores, day nurseries and restaurants. Exception No. 63 in the Zoning By-Law prohibits restaurants and recreational facilities on the subject site. This prohibition was precipitated by the size of the site not being able to accommodate the high parking requirements required for these uses in addition to those of an office building proposal at that time.

A Community Information Meeting was held on May 4, 1999, attended by eight residents from two of the abutting six apartment buildings in which notices were posted. The residents expressed concerns relating mainly to noise, litter, traffic and parking. The residents were also concerned that zoning approval for restaurant uses could result in a larger restaurant on this site in the future.

The site is subject to Site Plan Control. A Site Plan Control Application, submitted in conjunction with the subject application, will address landscaping, parking layout, and other minor technical matters raised by the various technical agencies and the residents' concerns arising from the abovementioned Community Information Meeting (Figure 3).

Comments:

The owner indicated that the restaurant will be a 'cafe' style operation adjunct to the existing fruit market. It is anticipated that it will draw its clientele mainly from the customers of the fruit market. To allay the residents' concerns regarding expansion of the restaurant in the future, zoning provisions restricting the amount and location of restaurant uses on this site would ensure that the proposed restaurant is not enlarged without further public input and Council deliberation. This can be achieved by restricting the gross floor area of restaurant uses on the site to the proposed 280 square metres addition and the location to the portion of the lot within 20 metres of the front lot line and 28 metres of the northerly side lot line. The Zoning By-Law requires a minimum of 70 parking spaces for the restaurant and fruit market uses and in accordance with the revised parking layout on the Site Plan, 83 parking spaces are provided.

The Official Plan's Office Uses designation indicates Council's objective to see this site redeveloped with an office building. The Zoning By-Law, enacted at the same time, permitted retail stores allowing the existing Pirri's Fruit Market to continue on the site. Provided the requested restaurant uses are limited to the addition to the existing building as proposed, the subject proposal would not compromise the Official Plan's long term objectives. Amending the Zoning By-Law to delete the exception prohibiting restaurant uses would permit the proposed restaurant use. Incorporating provisions to restrict the restaurant use to the area of the proposed addition would protect the Official Plan's long term objectives in the interim.

Conclusions:

The proposed addition for a restaurant use on this site would give the owners more flexibility to provide additional services for both the residential and business communities in the area. The recommended zoning amendment is consistent with the Official Plan, will permit appropriate development which will generate additional tax assessment and create additional employment opportunities for this area, and represents good planning.

Contact Name:

Errol Chapman

Planner, Community Planning Division

Scarborough Civic Centre

Telephone:(416) 396-7721

Facsimile:(416) 396-4265

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

The Scarborough Community Council submits, for the information of City Council, the following communication ( July 12, 1999) from Ms. Elizabeth Heron, representative for the owners of York Condominium Corporation No.178:

Having attended, together with six other owners, the May 4th community meeting, we were surprised, upon receipt of the Report of Recommendations from Planning to Metro Council, that our verbal and written concerns were not included. They were:

That the proposed cafe addition, according to the site plan, would be set very close to the north property line, AND could it be in line with the original concrete block building. As well, with planned take-out foot from the proposed cafe, our concern was the amount of littering which would either be thrown or blown on our property which abuts their property to the north. AND, with the building line in keeping with the original building, could greenery be planted on the north side, as a possible screen and dimming of noise.

Errol Chapman, contact name for the report, later gave us measurements, which were:

Existing concrete block building-1.5 metres or 5 feet from north property line

Existing insulated frame and

siding building-21 cm or 8" from north property line OR 28 cm or 11" from survey line

Proposed cafe building-same as frame addition

Our concern - that as our underground garage is near the property line abutting Pirri's, the foundation or footings for this cafe would be even closer than the above given measurements. Could problems arise in the future due to this close proximity?

We were further advised by Mr. Chapman, the above measurements would not be changed.

Littering

This is more than a problem. It is an uncontrollable nuisance. With McDonald's across the road, and take-out from the proposed cafe (or is it a restaurant?), we face an additional amount of littering on our property.

At the present time, employees of McDonald's clear the old farm property to their south of any litter, from time to time.

We would appreciate very much if any litter from Pirri's proposed cafe take-out, which might land on our property, could be cleared on a regular basis by Pirri's.

We do hope that Council will take our concerns into consideration prior to acceptance, and await your decision.

The following persons appeared before the Community Council in connection with the foregoing matter:

-Mr. Zak Ghanim, Architect;

-Mr. Samky Mak, Owner; and

-Ms. Elizabeth Heron, representative for the owners of York Condominium Corporation No.178, addressing the concerns expressed in the foregoing communication.