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Settlement Report: Ontario Municipal Board Hearing
on Zoning By-law No. 1997-0175 -
Yonge Street between Soudan and Davisville Avenue
(North Toronto)
The Toronto Community Council recommends that City Council instruct the City Solicitor and the Commissioner of Urban Development Services to attend the Ontario Municipal Board hearing to settle the appeals respecting By-law No.1997-0175, based on the following terms:
(a) the appeal of By-law No.1997-0175 be dismissed;
(b) the City Solicitor and the Commissioner of Urban Development Services be authorized to present to the Ontario Municipal Board a settlement involving amendments to By-law No. 1997-0175 as it applies to 1910 Yonge Street, 1920 Yonge Street and 1962-66 Yonge Street to provide as follows:
- No building or portion thereof on lands known as 1910, 1920 and 1962-66 Yonge Street may be used for the purpose of a place of amusement;
- On lands known as 1910 Yonge Street, a restaurant, take-out restaurant, club, bake shop, or place of assembly is a permitted use provided:
- such uses are not located above the first storey above grade;
- the non-residential gross floor area of any individual use or combination of those uses does not exceed 375 m2;
- the total non-residential gross floor area of any and all of those uses does not exceed 1,125 m2; and
- at least one parking space is provided for each 100 m2 of total floor area or fraction thereof in excess of the first 700 m2 used for restaurants and take-out restaurants.
- On lands known as 1920 Yonge Street, a restaurant, take-out restaurant, club, bake shop, or place of assembly is a permitted use provided:
- such uses are not located above the first storey above grade;
- the non-residential gross floor area of any individual use or combination of those uses does not exceed 375 m2;
- the total non-residential gross floor area of any and all of those uses does not exceed 700 m2; and
- at least one parking space is provided for each 100 m2 of total floor area or fraction thereof in excess of the first 500 m2 used for restaurants and take-out restaurants.
- On lands known as 1962-1966 Yonge Street, a restaurant, take-out restaurant, club, bake shop, or place of assembly is a permitted use provided:
- such uses are not located above the first storey above grade;
- the non-residential gross floor area of any individual use or combination of those uses does not exceed 300m2; and
- the total non-residential gross floor area of any and all of those uses does not exceed 400 m2; and
(c) the Ontario Municipal Board dispose of the Zoning appeal on the foregoing basis.
The Toronto Community Council submits the following report (February 3, 1998) from the Commissioner, Urban Development Services:
Purpose:
To obtain direction with respect to a settlement of the appeal of By-law No. 1997-0175 which is to be heard by the Ontario Municipal Board.
Funding Sources, Financial Implications and Impact Statement:
Not applicable.
Recommendation:
That City Council instruct the City Solicitor and the Commissioner of Urban Development Services to attend the Ontario Municipal Board hearing to settle the appeals respecting By-law No.1997-0175, based on the following terms:
(a) the appeal of By-law No.1997-0175 be dismissed;
(b) the City Solicitor and the Commissioner of Urban Development Services be authorized to present to the Ontario Municipal Board a settlement involving amendments to By-law No. 1997-0175 as it applies to 1910 Yonge Street, 1920 Yonge Street and 1962-66 Yonge Street to provide as follows:
- No building or portion thereof on lands known as 1910, 1920 and 1962-66 Yonge Street may be used for the purpose of a place of amusement;
- On lands known as 1910 Yonge Street, a restaurant, take-out restaurant, club, bake shop, or place of assembly is a permitted use provided:
- such uses are not located above the first storey above grade;
- the non-residential gross floor area of any individual use or combination of those uses does not exceed 375 m2;
- the total non-residential gross floor area of any and all of those uses does not exceed 1,125 m2; and
- at least one parking space is provided for each 100 m2 of total floor area or fraction thereof in excess of the first 700 m2 used for restaurants and take-out restaurants.
- On lands known as 1920 Yonge Street, a restaurant, take-out restaurant, club, bake shop, or place of assembly is a permitted use provided:
- such uses are not located above the first storey above grade;
- the non-residential gross floor area of any individual use or combination of those uses does not exceed 375 m2;
- the total non-residential gross floor area of any and all of those uses does not exceed 700 m2; and
- at least one parking space is provided for each 100 m2 of total floor area or fraction thereof in excess of the first 500 m2 used for restaurants and take-out restaurants.
- On lands known as 1962-1966 Yonge Street, a restaurant, take-out restaurant, club, bake shop, or place of assembly is a permitted use provided:
- such uses are not located above the first storey above grade;
- the non-residential gross floor area of any individual use or combination of those uses does not exceed 300m2; and
- the total non-residential gross floor area of any and all of those uses does not exceed 400 m2.
(c) the Ontario Municipal Board dispose of the Zoning appeal on the foregoing basis.
Background:
On April 14, 1997, City Council approved By-law No. 1997-0175 which applies to both sides of Yonge Street between Soudan and Davisville Avenues as shown on the attached Map. By-law 1997-0175 has the effect of limiting to a maximum 300m2 the size of restaurants, places of amusement and similar businesses, either alone or in combination on any one lot, both above and below grade. Furthermore, By-law 1997-0175 prohibits the use of exterior areas for entertainment purposes and limits accessory uses to the lesser of 6 percent or 47 m2.
By-law 1997-0175 is intended :
o to protect the current small scale, neighbourhood oriented character of eating establishments on this strip while providing a sufficient margin for their growth;
o to protect the low density residential neighbourhoods immediately to the east and west of Yonge Street between Davisville and Soudan Avenues from the potential negative noise and parking impacts commonly associated with large eating establishments and places of amusement as well as any concentrations of a large number of smaller eating establishments in one building;
o to reduce noise impacts by prohibiting outdoor entertainment facilities; and
o to limit accessory entertainment uses and other accessory uses so that they remain incidental to the main use.
By-law 1997-0175 has been appealed by the owners of 1910, 1920 and 1962-66 Yonge Street on the following basis:
(A) Flexibility and growth margin: The three subject lots currently accommodate buildings which are significantly larger than other buildings within the study area. As such, the total non-residential floor area, available at and below grade for retail and service commercial uses is also larger than the norm, i.e. total non-residential floor area at and below grade in 1910 Yonge Street equals 2,300 m2, in 1020 Yonge Street 1,400 m2, and in 1962-66 Yonge Street 500m2. Existing restaurant facilities in 1910 Yonge Street already occupy about 590 m2, in 1920 Yonge Street 205m2 and in 1962-66 Yonge Street about 200m2. It is the appellants' position that the 300m2 maximum gross floor area restriction of By-law 1997-0175 does not provide for a sufficient degree of flexibility or growth margin where it concerns eating establishments on these three premises.
(B) Noise and parking impacts: 1910 and 1920 Yonge Street are located in the north-west corner of the Yonge-Davisville intersection, immediately across from the TTC subway station. 1962-66 Yonge Street is located in the northerly end of the same City block. As such, more patrons may be expected to use public transportation and are less likely to require parking which may spill over into near-by residential areas. Furthermore, all three properties are separated from residential uses to the west by the open subway cut as well as Duplex Avenue, thereby providing a significant distance and use buffer.
The appellants recognize, however, that noise and parking are issues in this neighbourhood and have offered, as elaborated below, additional measures to deal with these.
Comments and Basis of Settlement:
In order to address their concerns, and after discussion with City Staff, the appellants' have requested that their three properties be exempted from the provisions of By-law 1997-0175 with respect to the following:
(A) Maximum GFA for Eating Establishments: In order to account for the unusual amount of gross floor area available for non-residential purposes at grade or below, in 1910 and 1920 Yonge Street, it is requested that approximately half of the available floor area be permitted for restaurant and similar uses. This would mean that restaurant and similar uses may occupy no more than 1,125m2 of the total 2,300 m2 available in 1910 Yonge Street, and no more than 700 m2 of the total 1,400 m2 available in 1920 Yonge Street. In the case of 1962-66 Yonge Street, permission is sought to use up to 400m2 of the total 500 m2 available, for restaurant and similar uses. It should be noted, that elsewhere in the City a maximum 400m2 restaurant size applies for lots abutting a residential district.
(B) Size Restrictions for Individual Establishments: In recognition of existing structural characteristics and current restaurant sizes (e.g. the Golden Griddle with about 360m2 in 1910 Yonge Street), a maximum establishment size of 375m2 is proposed for 1910 as well as 1920 Yonge Street. For 1962-66 Yonge Street the 300m2 size restriction of By-law 1997-0175 would continue to apply.
(C) Parking: In response to concerns related to parking, it is proposed that a parking requirement be imposed where restaurant and similar uses exceed a certain maximum gross floor area within the two largest buildings, i.e. 1910 and 1920 Yonge Street. Accordingly, one parking space will be required for each 100m2 of restaurant space in excess of the first 700 m2 which are used for such purpose in 1910 Yonge Street. For 1920 Yonge Street, this requirement applies after the first 500m2.
(D) Use Restrictions: The appellants are proposing that places of amusement be no longer a permitted use on their three properties in order to avoid a concentration of evening entertainment uses.
Conclusions:
I am recommending adoption of the proposed settlement as it is in keeping with the general intent of By-law 1997-0175 while recognizing the particular characteristics of the three properties which are the subject of the appeal.
Contact Name:
Feodora Steppat
City Planning Division, North Section
Telephone: 392-7740
Fax: 392-1330
E-mail: fsteppat@city.toronto.on.ca
Yonge/Soudan/Davisville
The Toronto Community Council also submits the following Clause 5, contained in Report No. 6 of the Land Use Committee, of the former City of Toronto, titled ADraft Zoning By-law - Yonge Street between Soudan Avenue and Davisville Avenue (Wards 15 and 16)@, which was adopted at its meeting of April 14, 1997:
The Committee recommends:
(1) That the Draft By-law substantially in the form attached to the Report (March 25, 1997) of the City Solicitor be approved and that authority be granted to introduce the necessary Bill in Council to give effect thereto.
(2) That the recommendations contained in the Final Report (March 13, 1997) of the Commissioner of Urban Development Services, be adopted.
Notice of a public meeting in respect of the proposed by-law was given as required by the Planning Act. The public meeting was held by the Land Use Committee on March 27, 1997. No one addressed the Committee.
The Committee submits the report (March 25, 1997) from the City Solicitor:
Subject: Draft Zoning By-law respecting Restaurants, Places of Amusement and Related Uses on Yonge Street between Soudan Avenue and Davisville Avenue - (Wards 15 and 16)
Origin: City Solicitor (p:\1997\ug\cps\leg\LU970029.leg)-SY
Recommendations:
(1) That your Committee hold a public meeting in respect of the Draft By-law in accordance with the provisions of the Planning Act.
Following the public meeting and in the event your Committee wishes to approve the Draft By-law, it could recommend:
(2) That the Draft By-law substantially in the form attached to the Report (March 25, 1997) of the City Solicitor be approved and that authority be granted to introduce the necessary Bill in Council to give effect thereto.
(3) That the recommendations contained in the Final Report (March 13, 1997) of the Commissioner of Urban Development Services, be adopted.
Comments:
Your Committee will have before it the Final Report (March 13, 1997) of the Commissioner of Urban Development Services recommending that amendments to the Zoning By-law be effected to limit the size of restaurants, places of amusement and similar uses along both sides of Yonge Street from Davisville Avenue to Soudan Avenue, the extent of accessory uses and the use of exterior areas.
The draft by-law necessary to implement the Commissioner's proposal is attached.
DRAFT BY-LAW NO.
NO. A BY-LAW
To amend the Zoning By-law respecting Restaurants, Places of Amusement and Related Uses on Yonge Street between Soudan Avenue and Davisville Avenue.
(Passed , 1997)
WHEREAS Council, at its meeting held on the day of , 1997, adopted Clause of Land Use Committee Report No. ;
THEREFORE the Council of The Corporation of the City of Toronto enacts as follows:
1. By-law No. 438-86, being "A By-law To regulate the use of land and the erection, use, bulk, height, spacing of and other matters relating to buildings and structures and to prohibit certain uses of lands and the erection and use of certain buildings and structures in various areas of the City of Toronto", as amended, is further amended by adding to Section 12(2) as exception 81 the following text and map:
"81. No person shall, within the area shown within the heavy lines on the map at the end of this exception, erect or use any building or structure for the purpose of a restaurant, take-out restaurant, club, bake-shop, place of assembly or place of amusement, unless:
(i) the total non-residential gross floor area used for one or a combination of two or more of those purposes in a building or structure does not exceed 300 square metres;
(ii) no exterior area is used for the purpose of a dance floor, stage, teletheatre gambling, disc jockey, sound room, pinball or other mechanical or electronic game machine, area dedicated to recreational activities or other entertainment area; and
(iii) the floor area above or below grade used for any one or combination of two or more of the uses in clause (ii) in a restaurant, take-out restaurant, club, bake-shop, place of assembly or place of amusement does not exceed the lesser of six per cent of the non-residential gross floor area or 47 square metres.
For the purposes of this exception, the non-residential gross floor area of a restaurant, take-out restaurant, club, bake-shop, place of assembly or place of amusement means the aggregate of the areas of each floor and the spaces occupied by walls and stairs, above or below grade, measured between the exterior faces of the exterior walls of the building or structure at the level of each floor, exclusive of only a room or enclosed area, including its enclosing walls, that is used exclusively for the accommodation of heating, cooling, ventilating, electrical, mechanical (other than escalators) or telecommunications equipment that services the building, storage or washrooms."
The Committee also submits the report (March 13, 1997) from the Commissioner of Urban Development Services:
Subject: Final Report on Interim Control By-law 1995-0636 respecting Restaurants and Places of Amusement over 400 square metres in size on Yonge Street between Soudan Avenue and Davisville Avenue. (Ward 15 and 16)
Origin: City Council meeting October 17, 1995. (p:\1997\ug\uds\pln\lu971032.pln) - st
Recommendations:
(1) That the City Solicitor be requested to prepare in consultation with the Commissioner of Urban Development Services, amendments to the Zoning By-law to effect the following:
(i) That the general provisions of Zoning By-law 438-86, as amended by 1996-0028 apply to the study area shown on Map 2, as it regards the definition of restaurants and take-out restaurants;
(ii) That for the properties located within the study area identified on Map 2, a size limit of 300 m2 be imposed for restaurants, take-out restaurants, clubs, bake-shops, places of assembly and places of amusement, alone or in combination on one lot;
(iii) That entertainment uses accessory to take-out restaurants, clubs, bake-shops, places of amusement and places of assembly be limited to the lesser of 6 of the non-residential gross floor area or 47 m2, and that exterior areas be prohibited for entertainment purposes;
(iv) That any space, including below grade space, which is used for a restaurant, a take-out restaurant, a bake-shop, club, place of amusement or place of assembly is regarded as non-residential gross floor area for purposes of determining compliance with the 300 m2 size restriction, excluding mechanical space, storage, washrooms and accessory laundry and office facilities.
(2) That City Council request the Parking Authority to initiate a parking demand study as a basis for exploring opportunities to secure a parking lot to serve this portion of Yonge Street.
(3) That the Commissioner of City Works Services be requested to review opportunities for metered commercial parking on that portion of flanking residential streets zoned MCR near Yonge Street between Eglinton and Davisville Avenues.
Summary: In recent years, Yonge Street between Davisville and Soudan Avenues has become a favoured location for a variety of eating establishments. Most of these (86 percent) are small neighbourhood-type operations less than 300m2 in floor area with very limited if any regional appeal. However, recent trends in the restaurant industry have been to provide large entertainment components in conjunction with serving food, thereby appealing to a larger, regional clientele. Consequently, two potentially conflicting issues have emerged, namely:
- encouraging variety and growth for eating establishments at a neighbourhood scale, thereby enhancing the Main Streets character of this portion of Yonge Street, while
- protecting adjacent residential neighbourhoods from potential negative impacts, particularly in terms of parking and noise.
I have examined these issues on a City-wide basis resulting in City Council's adoption of By-law 1996-0028 which limits restaurant size to 400 m2 throughout the City including the east side of Yonge Street within the study area. The west side is not affected because By-law 1996-0028 only applies to lots abutting a Residential Zone which is not the case for parcels fronting on the west side of Yonge Street abutting the Gtr Zone of the open subway cut. Furthermore, By-law 1996-0028 prohibits entertainment facilities in areas such as the study area which are next to residential neighbourhoods, and also restricts the size of accessory entertainment uses so that the provision of food can no longer become a subordinate function to such entertainment uses. In an attempt to address potential noise problems, By-law 1996-0028 prohibits the use of exterior areas for entertainment purposes. I believe, that with the exception of the 400m2 size restriction, these City-wide provisions are appropriate for the study area. However, I am recommending that, within the study area, the maximum size be reduced to 300 m2 and apply not only to restaurants and take-out restaurants but also to clubs, bake-shops, places of assembly and places of amusement. To ensure that entertainment uses remain incidental to the main use, I am proposing to restrict accessory entertainment uses to 6 percent or 47 m2, whichever is the lesser.
Reducing the maximum permitted floor area from 400 to 300 m2 allows a sufficient margin for the growth of most of the existing establishments. At the same time, the 300 m2 limit will protect the neighbourhood scale of this portion of Yonge Street. Any proposals for establishments larger than 300m2 will require a variance or Zoning By-law amendment, thereby affording site-specific evaluation regarding potential negative impacts areas such as parking, traffic and noise on abutting residential areas.
In addition, I am recommending that the Parking Authority be requested to look toward establishing a parking lot in the study area, and that the City Works Department review opportunities for providing additional metered commercial parking on those portions of residential side streets which are in the MCR zone near Yonge Street.
Comments:
1. Background:
On October 17, 1995, City Council passed Interim Control By-law 1995-0636 to prohibit large scale restaurants and places of amusement over 400 m2 in the MCR district along Yonge Street between Soudan Avenue and Davisville Avenue for a period of one year. No objections were filed to By-law 1995-0636.
On December 18, 1995, City Council passed By-law 1996-0028 to permit entertainment facilities in a larger portion of the Central Area than previously permitted, and on a City-wide basis, limit restaurants and take-out restaurants adjacent to residential districts to a maximum gross floor area of 400 square metres. This By-law distinguishes clearly between a restaurant, take-out restaurant and entertainment facility, and limits the size of accessory uses. This By-law has been appealed to the Ontario Municipal Board with a hearing date set for the end of April 1997.
Following a court case in March 1996, a building permit was issued for a large restaurant combined with a place of amusement at 2063 Yonge Street (Za Za's), occupying a total of 672 m2 of which 272 m2 are located below grade.
On April 1, 1996, City Council amended Interim Control By-law 1995-0636 respecting the definition of non-residential gross floor area and added bake shop, club and place of assembly to the list of prohibited uses if exceeding 400 square metres in gross floor area.
A public meeting was held on June 25, 1996. At the time, concerns were raise regarding the shortage of commercial parking and noise.
On October 7, 1996, Interim Control By-law 1995-0636 was extended for an additional 6 months.
This report examines the impact of large scale eating establishments on Yonge Street between Soudan and Davisville Avenues and on the adjacent residential neighbourhoods, and recommends size restrictions to protect the Main Streets character of Yonge Street and to mitigate negative impacts on surrounding neighbourhoods.
2. The Study Area:
The study area shown on Map 2 includes 100 properties in twelve blocks fronting on Yonge Street between Soudan and Berwick Avenues on the north, and Chaplin Crescent and Davisville Avenue to the south. Together, these properties form a typical Main Street strip with most buildings no higher than 3 storeys, accommodating retail or service uses at grade and offices or residential apartments above.
The adjacent areas to the east and west are low-density, low-rise residential districts, with predominantly single family dwellings to the west and a mix of house-form buildings to the east of Yonge Street.
The commercial properties on the west side of Yonge Street are well served by rear lanes and physically separated from the residential area by the open subway cut. In two locations, Glebe Road West and Manor Road West, side streets do not extend from Yonge Street into the neighbourhood but dead-end at the subway cut.
The east side of Yonge Street differs from the west side in that it has fewer rear lanes and no subway cut providing physical separation between the commercial strip and the low density residential area. Where Tullis Drive joins Yonge Street at an angle, the commercial properties become "through-lots" having frontage on both Yonge and the local residential street to the east. This situation has been cause for area residents' concern, particularly as the largest of these through-lots currently accommodates a restaurant and bar facility which occupies the greatest amount of gross floor area of any of the 37 establishments which are the focus of this study (ie. Za Za Restaurant and Bar at 2063 Yonge Street with an above grade restaurant portion of 400m2 and a below grade place of amusement of an additional 272 m2).
3. Existing Planning Controls:
3.1 Applicable Official Plan Policies:
Both the Part I and Part II of the Official Plan designate this portion of Yonge Street as "Low Density Mixed Commercial Residential Area" where a mix of residential and non-residential uses is permitted at densities not exceeding 3 times the lot area. Both parts of the Plan envision Yonge Street as one of the City's Main Streets with street related retail and service uses and residential uses above. The Yonge Eglinton Part II Official Plan quite specifically encourages residential uses by permitting up to 2.5 times residential density but limiting any non-residential component to 2 times the lot area.
3.2 Applicable Zoning Provisions:
As Map 1 indicates, the zoning designation for this portion of Yonge Street is MCR T3.0 C2.0 R2.5 which permits commercial and residential uses, be that alone or in combination, including restaurants, take-out restaurants, clubs, bake shops, places of assembly and places of amusement. Aggregate density per lot is limited to three times provided the commercial density does not exceed 2.0 times the lot area and the residential density does not exceed 2.5 times the lot area. A 16 metre building height limit applies to this strip. The zoning for the adjacent residential neighbourhoods is R1 Z0.6 to the west and R2 Z0.6 to the east which permits residential uses at densities not exceeding 60 percent of the lot area. However, the neighbourhood to the west is separated from the Yonge Street commercial strip by the open subway cut which is zoned Gtr, permitting only the existing transportation uses.
Section 12 (2) 269 exempts a variety of commercial uses fronting onto Yonge Street from the usual parking requirements if they occupy less than 550 m2. This includes the uses which are the subject of this study, namely restaurants, take out restaurants, bake shops and places of amusement. However, if such uses occupy 550m2 or more, 1 parking space per each 30m2 of non-residential gross floor area must be provided.
The Zoning By-law's general parking standards apply to places of assembly or clubs, requiring that 1 parking space per 10 patrons be provided. By-law 1994-0601, which is under appeal, also applies this parking standard to places of amusement.
3.3 Site Plan Control:
This part of Yonge Street is subject to the Site Plan Review Process pursuant to Section 41 of the Planning Act.
3.4 Interim Control By-law:
Yonge Street between Soudan and Davisville Avenues is subject to Interim Control By-law 1995-0636 as amended by By-laws 1996-0169 and 1996-0482, limiting restaurants and take-out restaurants, places of amusement, bake shops, clubs and places of assembly to a maximum 400 m2 gross floor area. The Interim Control By-law will be in effect until April 17, 1997 to allow for the completion of my planning study.
3.5 Current City-wide Restrictions for Restaurants:
On December 18, 1995 City Council passed By-law 1996-0028. This by-law is to:
- clarify the current definitions of"restaurant", "take-out restaurant", "caterer's shop" and "entertainment facility";
- expand the area where entertainment facilities may locate in the downtown area south of Carlton/College;
- limit the size of restaurants and take-out restaurants adjacent to residential districts throughout the city to 400 square metres;
- clarify the term "accessory" as it relates to a main use such as a restaurant use;
- limit accessory uses to the lesser of 6 percent of the permitted non-residential gross floor area or 47 m2; and
- prohibit the use of exterior areas for entertainment purposes.
By-law 1996-0028 has been appealed to the Ontario Municipal Board and will be the subject of a Hearing in late April 1997.
4. Public Review:
The issues related to restaurant size and associated entertainment uses in the study area were discussed at a public meeting in June 1996, notes of which are attached as Appendix A. Concerns centred around inadequate parking for commercial uses in the area and noise from some of the eating establishments.
5. Planning Review:
5.1 Land Use Analysis:
Review of property data (see Appendices B(1) and B(2)) and site visits have confirmed that one third of the 100 properties in the study area accommodate some kind of eating establishment.
Over the past 10 years, this use has become more dominant along this portion of Yonge Street as the number of eating establishments has steadily increased from 24 in 1987 to 27 in 1993 and 37 in 1997. However, the great majority are small scale local restaurants, pubs or take-outs; ie. 92 percent occupy less than 400m2 and 86 percent are smaller than 300m2. The average establishment size is 160 m2.
Only three establishments exceed the 400m2 size limit imposed by Interim Control By-law 1995-0636 for the study area, namely the Limelight Supper Club, Za Za's Restaurant and Grill, and Cheaters. It would, however, be inaccurate to describe any of these three establishments as restaurants.
The Limelight Supper Club at 2026 Yonge St. is located on the west side of the street and accommodates a total gross floor area of about 459 m2. It is a dinner theatre and as such, does not fall within the By-law's restaurant definition but is regarded as an entertainment facility. This together with the fact that the west side of Yonge Street abuts a Gtr Zone means that the Limelight Supper Club is not affected by the size restrictions of City-wide By-law 1996-0028 for restaurants and take-out restaurants which abut a residential zone.
The other two establishments are located on the east side of Yonge Street immediately adjacent to a residential district, and would be subject to the size restrictions of By-law 1996-0028 if they were indeed to fall within the definition of a restaurant or take-out restaurant.
Za Za's Restaurant and Bar consists of two uses: a 400m2 restaurant at grade and a 272 m2 area below grade which is used as a place of amusement in conjunction with the restaurant use above. Due to an older provision of the Zoning By-law, the below grade commercial gross floor area could not be included in the calculation of the size of the restaurant facility, although the 400 m2 size restriction of the Interim Control By-law was already in effect.
Cheaters has a 451 m2 gross floor area and fits the definition of an adult entertainment parlour, a use which is not permitted in the study area. It should be noted that currently an application for amendments to the Official Plan and Zoning By-law is being processed to permit a Main Streets type redevelopment of almost the entire block within which Cheaters is located.
In other words, these three establishments are not only significantly larger than the vast majority of restaurants on this strip, they also have a decidedly regional appeal, mainly because they combine the restaurant function with other activities, be that supper club theatre/cabaret, billiard, adult entertainment or other amusement. Indeed, these three establishments respond to a current trend toward providing large entertainment components in conjunction with serving food. As such, they may be regarded as quasi entertainment facilities for which a downtown location away from low density residential areas would be more suitable.
The next largest restaurants, namely the Bow and Arrow at 1956 Yonge Street with 378 m2 and the St.Louis Bar and Grill at 2050 Yonge Street with 326 m2, are significantly smaller than the three previously discussed establishments and are the only other two establishments on the strip occupying more than 300m2. The remaining establishments occupy on average 122 m2 with the two largest among them being the Souvlaki Express at 2066 Yonge Street with 298 m2, and Grano's at 2035 Yonge Street with 265 m2.
5.2 Issues and Concerns:
5.2.1 Establishment Size and Scope of Activities:
As the foregoing data confirms, only 5 restaurants in the study area are larger than 300 m2, whereas the great majority (86 percent) are small scale restaurants less than 300m2, catering to the local neighbourhood while enjoying some regional clientele as well. It may be argued that these uses have been an integral part of the successful economic life of this part of Yonge Street and that any restriction in terms of their number or size must be flexible enough to allow for growth and expansion of existing businesses while maintaining and enhancing the small-scale Main Streets character of this part of Yonge Street as well as protecting the adjacent residential neighbourhoods from negative impacts such as traffic and noise.
With these objectives in mind, I am recommending that:
- a 300m2 size limit be imposed for restaurants, take-out restaurants, bake-shops, clubs, places of amusement and places of assembly, alone or in combination, on any one lot;
- any space, above or below grade, be regarded as non-residential floor space when determining compliance with this 300m2 limit; and
- accessory entertainment uses be limited to the lesser of 6 percent or 47 m2 of non-residential floor area, and exterior areas not be used for entertainment purposes.
As noted earlier in this report, City-wide By-law 1996-0028 already imposes a 400 m2 limit on restaurant and take-out restaurants adjacent to residential areas, and prohibits entertainment facilities from locating north of Carlton/College Streets within the Central Area. Three of the five largest establishments in the study area exceed the 400 m2 limit of By-law 1996-0028. A further size reduction to 300m2 would affect only an additional two restaurants, namely the Bow and Arrow and the St. Louis Bar and Grill. With the exception of the Souvlaki Express with 298m2, all other establishments on this strip are considerably smaller than 300m2, leaving ample room for their as-of-right expansion.
The proposed 300 m2 limit does not only permit a sufficient growth margin for the vast majority of existing establishments, it also protects the current small scale, neighbourhood-oriented character of eating establishments on the strip, and affords site-specific evaluation and control of proposals for uncharacteristically large facilities since these will be subject to public review as part of the required variances or Zoning By-law amendment processes. It is through such review that potential negative impacts on adjacent neighbourhoods may best be dealt with, including matters related to parking, traffic and noise.
I believe market forces to be the appropriate regulator of the number and variety of establishments this part of Yonge Street can successfully accommodate. However, to avoid the negative impacts resulting from a concentration of a large number of small eating establishments or places of amusement/assembly in one building, I am recommending that the maximum permitted gross floor area of these use on any one lot may not exceed 300m2.
My recommendation to include above as well as below grade space in determining compliance with the 300 m2 limit, is to ensure that the proposed limit is meaningful and effective by including the entire building in the calculation.
My recommendation to limit accessory entertainment uses to the lesser of 6 percent or 47 m2, is to ensure that entertainment uses remain incidental to the permitted main use. This is to prevent establishments on the strip to follow current trends in the industry, described earlier in this report, to provide relatively large entertainment components in conjunction with serving food in the hopes of attracting a regional clientele. This standard is consistent with that included in By-law 1996-0028.
5.2.2 Noise:
The hours of operation for licensed establishments fall under the jurisdiction of the Provincial Government and not the municipality. However, complaints from residents to the City often concern exterior noise from Main Street strips reaching the neighbourhood. Just leaving a door open at the back of an establishment is enough to generate a complaint. Enforcement of the Noise By-law has proven difficult if not ineffective in these cases. It is for this reason, that By-law 1996-0028, the City-wide By-law dealing with eating establishments on Main Streets, prohibits any exterior area to be used for any entertainment purposes. I am recommending that this prohibition be confirmed for the study area.
5.2.3 Parking:
There are currently 54 parking meters on Yonge Street between Soudan Avenue and Davisville. I am recommending that City Works Services be requested to review the potential of additional commercial spaces by installing parking meters on flanking residential side streets in the MCR zone near Yonge.
There is no Toronto Parking Authority lot in the study area. There are a number of parking lots/garages to the north and south of the study area (e.g. Canada Square, Holly-Dunfield Garage, Merton Street). Not all of the study area is within convenient walking distance of these facilities. It is for this reason, that the Parking Authority should be requested to review the demand for parking in this area and explore opportunities for establishing a parking lot on Yonge Street in future.
The study area is flanked by the Davisville and the Eglinton subway stations, and Yonge Street as well as Eglinton Avenue have frequent and regular bus service. As such, public transit is conveniently available and may be expected to reduce the need for car use and parking by visitors to this area.
Appendices A and B are included in the additional material and are on file with the City Clerk.
Applicant's reduced plans included in the additional material and are on file with the City Clerk.
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