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D. Sud & Sons, Westway Plaza
1735 Kipling Avenue - File No. Z-2246
The Etobicoke Community Council, after considering the deputations and based on the findings of fact, conclusions and recommendations contained in the report (January 21, 1998) of the Commissioner of Urban Development, Etobicoke, recommends that:
(1) the application submitted by D. Sud & Sons regarding a zoning by-law amendment to permit a full range of commercial uses in Building >D= and to permit restaurant uses in a new Building >E= fronting Northcrest Road, be refused;
(2) that the 10-year temporary approval, permitted by the Committee of Adjustment, be reaffirmed;
(3) that the truck barriers on the Northcrest Road access points be fitted with a substantial crossbeam instead of a single chain :
The Etobicoke Community Council reports having held a statutory public meeting on February 18, 1998 in accordance with Section 34 of the Planning Act, and that appropriate notice of this meeting was given in accordance with the Planning Act and the regulations thereunder.
The Etobicoke Community Council submits the following report (January 21, 1998) from the Commissioner of Urban Development, Etobicoke:
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.
Funding Sources, Financial Implications and Impact Statement:
There are no funding sources or financial implications.
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.
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 m5 of Building >D= to be used for a Aconvenience restaurant@ and 102.19 m5 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.
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).
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 No. 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
Comments:
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.
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.
Agency/Department 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.
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.
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:
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.
Contact Name:
Ed Murphy, Tel: (416) 394-8234 Fax: (416) 394-6063
Area Planner, Development and Design
The Etobicoke Community Council also submits the following communication (February 5, 1998) from Mr. and Mrs. J. L. Oke:
Thank you for advising us of the application scheduled for February 18, 1998, concerning the Westway Plaza. We shall attend.
We had assumed the previous 1995-1997 application for the extension of the Plaza or Centre as it is known now, was approved. This was done over the objections of the residents of Northcrest, and the allowances granted would have been considered sufficient.
It is recalled that the building "D" the separate edifice had been approved for a free standing restaurant over the objections of the then A&P. Their objection had been recalled.
In initial discussion we were advised that the "fast food" outlets would not be involved. Shortly after by a miracle a "McDonald Express" appeared. The free standing Family Restaurant after objections withdrawn became a Country Style donut with a Maytag Laundromat.
In the building "A" the original Westway Family Restaurant that had been there for years, had to close out when the lease would not be renewed by D. Sud & Sons. This premises became a Bun Bakery shop.
It is amazing with all the food activity since building permits granted to the then Plaza, that they now want a restaurant not in the older section but in the new building "E".
Our concerns have not altered regarding the restaurant uses in building "E". We do not approve of the intent.
We definitely agree with the Planning Department recommendation that the restrictions should still apply in restaurant uses in building "E".
Proposal 4.2 first paragraph seems that the changes have been already completed and operational as previously noted. Our objections pertain only to the second paragraph and the application to change By-law No. 1995-223 to allow a restaurant.
We respectfully request our registration to objection to any change to restrictions in building "E".
Notification of decisions will be appreciated.
The Etobicoke Community Council also submits the following communication (February 12, 1998) from Ms. Jean Tomkinson, Ms. Olga Gajdemski, and Ms. E. Marian Senyk:
Thank you for advising us of the application scheduled for February 18, 1998.
It is recalled that the building "D" the separate edifice had been approved for a free standing restaurant over the objections of the then A&P. Their objection had been recalled.
In initial discussion we were advised that the "fast food" outlets would not be involved. Shortly after by a miracle a "McDonald Express" appeared. The free standing Family Restaurant after objections withdrawn became a Country Style donut with a Maytag Laundromat.
In the building "A" the original Westway Family Restaurant that had been there for years, had to close out when the lease would not be renewed by D. Sud & Sons. This premises became a Bun Bakery shop.
Our concerns have not altered regarding the restaurant uses in building "E". We do not approve of the intent.
We definitely agree with the Planning Department recommendation that the restrictions should still apply in restaurant uses in building "E".
Proposal 4.2 first paragraph seems that the changes have been already completed and operational as previously noted. Our objections pertain only to the second paragraph and the application to change By-law No. 1995-223 to allow a restaurant.
We respectfully request our registration to objection to any change to restrictions in building "E".
The Etobicoke Community Council also submits the following communication (February 11, 1998) from Mr. and Mrs. Anthony Vella and Mr. John Vella:
Thank you for advising us of the application scheduled for February 18, 1998.
It is recalled that the building "D" the separate edifice had been approved for a free standing restaurant over the objections of the then A&P. Their objection had been recalled.
In initial discussion we were advised that the "fast food" outlets would not be involved. Shortly after by a miracle a "McDonald Express" appeared. The free standing Family Restaurant after objections withdrawn became a Country Style donut with a Maytag Laundromat.
In the building "A" the original Westway Family Restaurant that had been there for years, had to close out when the lease would not be renewed by D. Sud & Sons. This premises became a Bun Bakery shop.
Our concerns have not altered regarding the restaurant uses in building "E". We do not approve of the intent.
We definitely agree with the Planning Department recommendation that the restrictions should still apply in restaurant uses in building "E".
Proposal 4.2 first paragraph seems that the changes have been already completed and operational as previously noted. Our objections pertain only to the second paragraph and the application to change By-law No. 1995-223 to allow a restaurant.
We respectfully request our registration to objection to any change to restrictions in building "E".
The Etobicoke Community Council also submits the following communication (February 10, 1998) from Mr. Earl J. Orr, Ms. Isabel Orr and Ms. Sandra Orr:
Thank you for advising us of the application scheduled for February 18, 1998. It is recalled that the building "D" , had been approved for a free-standing restaurant, but, due to the objections of the A&P (now Dominion) a Country Style Donut and Maytag Laundromat were installed in that building instead.
During our initial discussions, when the applicant was first requesting rezoning for the new buildings, concern was raised about having a McDonald's or some other fast food restaurant going into building "D", which the owner promised would not occur. What they did not tell, at the time, was that McDonald's was going to open an "express" restaurant in the existing building, in a few months. It should also be noted that the plaza did have a "family" restaurant which the plaza owner essentially kicked out by refusing to renew the lease. We now have a Bun Bakery Shop in its place. We do not trust the owners to not put a fast food restaurant in building "E". The plaza still has a major problem with garbage from McDonald's and Pizza Pizza littering the place; fortunately this contained primarily to the plaza itself and not Northcrest Road. If such a restaurant were to go into building "E", given the lack of housekeeping the owner maintains, we can readily perceive this littering to flow onto Northcrest Road.
We fully endorse the Planning Department's recommendation that the restrictions should not be changed in building "E" to allow for restaurant use of any sort.
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The following individuals appeared before the Etobicoke Community Council in connection with the foregoing matter:
- Ms. Irene Catsibris and Mr. Elliot Sud, on behalf of D. Sud & Sons, explained the rationale for the application. They advised that the major interest of prospective tenants has been restaurant related, local residents have expressed an interest in seeing a family-style sit-down facility on the site, the applicant is anxious to upgrade the image left by a previous restaurant in the plaza, and a full range of commercial uses, on a permanent basis, would be more attractive. They also advised that, as the flow of internal traffic has not been as heavy as originally anticipated, they would be willing to consider closing one of the access points from Northcrest Road.
- Mr. Earl Orr reiterated his opposition to any restaurant use on the south side of the site, particularly a fast-food outlet, and also his concerns about increased traffic on Northcrest Road and the difficulty in exiting onto Kipling Avenue.
- Mr. John Vella supported the comments made by the previous speaker, and noted that in spite of assurances to the contrary certain uses have been introduced in the plaza; what is to prevent this from reoccurring.
- Mr. Patrick Devlin supported the comments by the previous speakers and noted that there had definitely been a previous agreement about the restaurant and this issue had therefore not been debated at the earlier hearing.
- Mr. Joseph Barillari, on behalf of Mrs. Antoinette Barillari, requested assurance that any restaurant would not be a licenced facility, and replacement of the required truck barriers at the Northcrest Road access points, a condition required in the previous application.
- Ms. Sandra McMahon expressed concern that the donut shop that has recently opened on the site has become an all-night hangout.
(Copies of Exhibit No. 1 and Exhibit No. 2, referred to in the foregoing report, were forwarded to all Members of Council with the agenda of the Etobicoke Community Council meeting of February 18, 1998, and copies thereof are on file in the office of the City Clerk.)
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