Recommendation: That, on the
recommendation of the Managing Director, Planning and City Planner, the
following actions be taken with respect to the application of Gus
Aggelopoulos, relating to the property located at 404-408 Pall Mall Street
& 660 Colborne Street:
a) the attached,
revised, proposed by-law BE INTRODUCED at the Municipal Council meeting to be
held on June 11, 2013, to amend Zoning By-law No. Z.-1, (in conformity
with the Official Plan), to change the zoning of the subject property FROM a Residential
R8/Convenience Commercial (R8-1/CC) Zone, which permits such uses as
apartment buildings, stacked townhouses, emergency care establishments and
continuum-of-care facilities at a maximum height of 13.0 metres and a maximum
density of 40 units per hectare, and convenience service establishments,
convenience stores, financial institutions and personal service
establishments without drive-through facilities, TO a Residential
R8/Convenience Commercial Special Provision (R8-1/CC(_)) Zone, to permit in
addition to the above-noted uses, a restaurant, without a drive-through
facility, to a maximum gross floor area of 75 square metres within the
existing building, and to require a minimum of five on-site parking spaces
for all uses within the existing building;
b) the
Civic Administration BE REQUESTED to undertake the following actions with
respect to boulevard parking:
i)
review
the Owner’s compliance in all respects with the Agreement between the City
and Owner under Section 11 of the Municipal Act, 2001, S.O. 2001, c.
25, as amended (The Boulevard Parking Agreement);
ii)
if
necessary, require the Owner to comply with the Agreement, in all respects,
or alternatively, enter into a revised Boulevard Parking
Agreement to the satisfaction of the City Engineer; it being noted that the
revised Agreement would need to include appropriate landscaping; and,
iii)
report
back to the Planning and Environment Committee; and,
c) pursuant
to Section 34(17) of the Planning Act, as determined by the Municipal
Council, no further notice BE GIVEN in respect of the proposed by-law as:
i) the
restriction of the recommended use to within the existing building was the
basis on which notice of application and notice of public meeting were given;
and,
ii) the
requirement for a minimum of five on-site parking spaces recognizes an
existing site condition, and was discussed at the public meeting held on May
28, 2013;
it being pointed out that at the public
participation meeting associated with this matter, the following individuals
made oral submissions in connection therewith:
·
Matt
Falls, 421 Pall Mall Street – indicating that he submitted a communication to
the Planning Department which is included in the staff report; indicating
that the communications provided by area residents include two enquiries for
clarification, three letters of support and eight expressing opposition;
noting that the letters of opposition include the local area neighbourhood
association, Piccadilly Area Neighbourhood Association; enquiring about parking
and the movement of equipment or traffic around the site; enquiring about the
type of garbage storage container to be used and who would be responsible for
garbage service; expressing concern with people throwing paper cups on their
lawns; indicating that this is a further degrading of the area residents
premises; respecting that the applicants have tried to work with the neighburhood;
noting that it does not make this any better for the area residents;
requesting the larger area of the neighbourhood that is in objection to this
be taken into consideration; indicating that this is the first time he has
heard of the installation of a patio; and inquiring as to whether or not the
recommendation of the Planning and Environment Committee will remain the same
if a patio is added to the application.
·
Mr.
Wright, owner – advising that they live in the greater neighbourhood; noting
that they live north of Oxford Street, near the University; indicating that
he is also a lawyer at Siskinds, which is right across the street from the
subject property; indicating that their children attend school half a block
from the subject property; noting that they are very much in the
neighbourhood and interested in the neighbourhood; advising that this is something
that they have enjoyed in their travels and do not see a lot of in Ontario;
and indicating that the espresso bar will be an improvement.
·
Charmaine
Specter, 408 Pall Mall Street – expressing support for the application; enquiring
about the amount of parking available; indicating that there is not much room
for vehicles to maneuver around the building; noting that the building has
been damaged on both corners; suggesting that perhaps parking spaces 5 and 6,
as shown on the map presented during the Planning and Environment Committee
meeting, can be changed to be adaptive so that it is easier for a car to go
around the building; enquiring as to whether or not the owners are planning
to have a patio in the front of the building; advising that the tin building at
the back is garbage storage for the tenants; noting that there are
approximately 5 spaces for garbage bins, with room for blue boxes; indicating
that the current façade is not pleasing to the environment; indicating that
the variety store is closed more often than it is open; hoping that the
espresso bar is not open until 1:00 AM; and indicating that she believes that
this proposal will enhance the neighbourhood.
·
George
Namo, Owner, Helen’s Variety – advising that he presently serves coffee, but
is unable to accommodate everything the applicant is asking for; and,
enquiring as to the reason for the zoning amendment.
·
Bert
Killian, 428 Pall Mall Street – advising that this is a very congested
intersection; indicating that, approximately 5 or 6 years ago, the residents
had the stop sign installed to allow the children to cross the intersection
safely; indicating that the amount of traffic in this area has been
undersold; indicating that you can walk up the street to the variety store at
Maitland Street and Pall Mall Street; advising that there is congestion now,
with the railway crossing and the bus stop right there; advising that he
spent several years in the safety business and this is a safety issue; and
recommending that this application be reviewed for safety.
·
Ben
Billings, Insites Consulting, on behalf of the applicant – advising that the
essential approach to this application is not to make many changes to the
site; indicating that the site functions for the convenience store that
exists there now; advising that the premise that they are operating on is
that the espresso bar will not introduce any increased impact to the site;
indicating that the garbage facility that is there now is anticipated to be
more than sufficient for any refuse that is generated from the espresso bar;
advising that they will comply with the Engineering Department regulations
relating to the minimum five parking spaces that currently exist; advising
that they are working with what they have; noting that refuse is a concern;
further noting that they will ensure that refuse is properly stored; anticipating
normal city service for garbage collection; indicating that they will supply
receptacles for litter; indicating that they are trying to improve the
neighbourhood; advising that a majority of the clientele for the espresso
bar would be walk-in traffic from the area; noting that it is going to be a
local establishment run by a local family that is quite excited about this
opportunity; indicating that they will continue to work with the neighbours
to ensure that the minor details outlined at the public participation meeting
are looked after; advising that they will work with the City with respect to
the existing boulevard parking agreement, and any amendments required, to
ensure that it properly reflects what is going on with the site today and what
is proposed for the future; advising that they would like to install a patio
during summer months; noting that they need to discuss this idea with City
staff; indicating that they are requesting the zoning amendment to allow them
to install an espresso bar; and advising that they do not believe that their
application will exacerbate any safety issues that exist today. (2013-D14A)
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