Zoning By-law Amendment Application SZ98022

1234115 Ontario Limited, 2131 Lawrence Avenue East

Wexford Employment District

Ward 14 - Scarborough Wexford

The Scarborough Community Council, after considering the deputations and based on the finding of fact, conclusions and recommendations contained in the report, dated November 16, 1998, from the Director, Community Planning, East District, recommends that the report of the Director, Community Planning, East District, be adopted, subject to imposing a cap of 5,000 square feet on Restaurant Uses.

The Scarborough Community Council reports having held a statutory public meeting on December9, 1998, in accordance with Section 17 and Section 34 of The Planning Act and the regulations thereunder.

The Scarborough Community Council submits the following report (November 16, 1998) from the Director, Community Planning, East District:

Purpose:

This report presents recommendations to amend the Employment Districts Zoning By-law (Wexford Employment District) for the property containing an existing commercial/office development on the southwest corner of Lawrence Avenue East and Underwriters Road, to permit restaurants and financial institutions in addition to currently permitted Community Commercial (CC) Uses. The amended zoning would enable the expansion of the existing Coffee Time Donut Shop into a 154square metre (1,650squarefoot) restaurant with seating, and recognize two existing financial institutions which have existed on this property since 1990. Amendments to development standards which limit the total gross floor area of retail stores and personal service shops on this property are also proposed to recognize the existing tenant mix and provide the owner with leasing flexibility.

Recommendation:

It is recommended that City Council amend the Employment Districts Zoning By-law Number 24982, as amended (Wexford Employment District), with respect to 2131 Lawrence Avenue East, being Part of Block H, Registered Plan 4329, as follows:

(1)delete the Exception which prohibits Restaurants, Financial Institutions, and Drug Stores on the subject property;

(2)delete the Performance Standard which limits the total gross floor area of retail stores and personal service shops, excluding food stores, to 1,460 square metres (15,715 square feet);

(3)amend the Performance Standard which limits the total gross floor area of retail stores and personal service shops to read as follows:

"Gross floor area of all Retail Stores and Personal Service Shops shall not exceed 5,230 square metres (56,300 square feet)."; and

(4)authorize such unsubstantive technical, stylistic or format changes to the Zoning By-law amendment as may be required to properly carry out the intent of this resolution.

Background:

Site Statistics

UseGross Floor Area in Square MetresParking Required

Retail Stores and Personal 1704(18 343 square feet)51 spaces

Service Shops

Food Stores3339 (35 940 square feet)100 spaces

Restaurants*154(1650 square feet)17 spaces

Financial Institutions617(6642 square feet)19 spaces

Offices2885(31 055 square feet)87 spaces

Total8699(93638 square feet)274 spaces**

*Existing retail space proposed to be converted to restaurant.

**There are currently 286 parking spaces available on the property.

The subject lands contain a one storey commercial building and a three storey commercial/office building and are designated Community Commercial in the Official Plan. The current Community Commercial (CC) zoning permits day nurseries, offices, places of worship, personal service shops and retail stores. Surrounding uses include a variety of commercial uses including restaurants and financial institutions, along the north and south side of Lawrence Avenue East, and industrial uses to the south and east along Underwriters Road.

When this property was rezoned Community Commercial (CC) in 1988 an exception prohibiting restaurants and drug stores was applied to the property, and later in 1996 financial institutions were also prohibited under the Employment Districts Zoning By-law amalgamation. In 1988 the applicant agreed that restaurants and drug stores be specifically prohibited in response to concerns from area merchants. In 1993 a minor variance was granted permitting drug stores on this property. It appears that the two financial institutions on this property were considered offices or retail stores when they occupied the building in 1990, however they would no longer be permitted uses under the current zoning which specifically prohibits financial institutions.

Comments:

There are 286 parking spaces on the property and 274 parking spaces will be required for all the existing uses on the property including the expanded Coffee Time Restaurant. With a remaining surplus of 12 parking spaces available, it will be possible to convert an additional 150 square metres (1,615 square feet) of retail space into restaurant space. It is not necessary to implement a cap on restaurants for this property because restaurant space will be limited based on the availability of on-site parking which can accommodate a total of only 304 square metres (3,265 square feet) of restaurant space.

Introducing restaurants on this property will not have an adverse impact on the operation of the property or the surrounding area. Allowing financial institutions on the subject lands will be in character with other commercial/office developments in the City. Restaurants and financial institutions are not uncommon along Lawrence Avenue and are normally permitted under Community Commercial (CC) zoning. The proposal would implement the Community Commercial Official Plan designation by providing a wider range of commercial uses to serve the surrounding area.

When the subject property was rezoned in 1988, Limitations on the total amount of retail stores and personal service shop were applied in an effort to ensure a large food store and office space were built. The restrictions limited retail stores and personal service shops to a maximum of 0.54 times the total built gross floor area or 5,230 square metres (56,000 square feet), whichever is less, and limited retail stores and personal service shops, excluding food stores, to a maximum of 1,460 square metres (15,715 square feet). These restrictions have successfully served their purpose to establish a mixed-use project and provide employment opportunities because a food store and office space have been built on the subject lands.

The limitations should be simplified to provide the owner with leasing flexibility. Including food stores, there remains less than 5,230 square metres (56,300 square feet) of retail stores and personal service shops on the property. This limitation should be retained to ensure existing office space remains on this property. The limitation which excludes food stores should be deleted altogether to provide the owner with leasing flexibility should the food store relocate in the future.

Although drug stores are prohibited by an exception in the Zoning By-law, they are permitted by minor variance. The prohibition in the exception is therefore redundant and I am recommending it be deleted for clarity purposes.

Conclusions:

The proposal will enable the expansion of an existing Coffee Time Donuts business into currently vacant space and recognize two financial institutions on this property, all of which are serving the City by providing employment and assessment.

Contact Name:

Joe Nanos, Acting Senior Planner

Scarborough Civic Centre

Telephone: (416) 396-7037

Fax: (416) 396-4265

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

Ms. Anna D'Alessandro, AVD Planning and Development Consulting Limited, the applicant, appeared before the Community Council in connection with the foregoing matter and expressed support for the staff recommendations, including the proposed amendment.