Report to: Development Services Committee Report Date: April 22, 2008

SUBJECT: Recommendation Report

Nivlog Investments Limited

Site Plan amendment application to permit a restaurant and additional parking

7355 Woodbine Avenue

SC 07 129351

PREPARED BY: Anna Henriques, Planner – Central District

RECOMMENDATION:

That the report dated April 22, 2008, entitled: “Recommendation Report, Nivlog Investments Limited. Site Plan amendment application to permit a restaurant and additional parking at 7355 Woodbine Avenue (SC 07 129351)” be received;

That the site plan amendment application to permit a restaurant and additional parking at 7355 Woodbine Avenue, be endorsed in principle, subject to revisions to the site plan to realign parking stalls in the vicinity of the proposed building to introduce an additional landscape strip adjacent to the Woodbine Avenue frontage, including the deletion of one parking space adjacent to the Woodbine entrance in favour of landscaping; and, the following conditions:

That the Owner submit a landscape plan addressing landscape screening measures along Woodbine Avenue and opportunities to enhance landscaping on-site for review and approval by staff, to the satisfaction of the Director of Urban Design and Planning;

That the Owner enter into a site plan agreement (amendment) with the Town containing all the standard provisions and requirements of the Town, the Region of York and other public agencies, including providing any financial securities required;

That the Owner continue to work with staff on finalizing outstanding site plan issues including exterior elevations, the incorporation of a white reflective roof and a rain garden alternative for roof drainage, and internalization of garbage and cooler rooms, to the satisfaction of the Director of Urban Design and Planning;

That the Owner apply for and obtain any minor variances that may be required;

That site plan approval be delegated to the Director of Planning and Urban Design or her designate, to be issued following execution of an amendment to the site plan agreement. Site Plan approval is issued only when the Director has signed the site plan;

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

EXECUTIVE SUMMARY:

Not applicable

FINANCIAL CONSIDERATIONS:

Not applicable

Proposal

The Owner is requesting an amendment to the existing site plan agreement to accommodate a potential tenant, South Street Burgers, for restaurant Building ‘B’ (Figure 4). Specifically, the Owner is seeking an amendment to delete the previously approved (July 2003) drive thru feature for restaurant Bldg ‘B’, to decrease the total GFA of the restaurant building by approximately 24.3 square metres (261.1 square feet); to increase the total number of parking spaces on the property by 8; and, to increase the building set back from Woodbine Avenue. The additional parking spaces have been added in the front yard, between the proposed restaurant Bldg ‘B’ and the front lot line, along Woodbine Avenue (Figure 4)

Official Plan and Zoning

The subject property is designated “Industrial – Business Corridor Area” in the Official Plan. This designation provides for a mix of high quality business uses in corridors along major road frontages, primarily adjacent to industrial areas. A high standard of Urban Design is required to maintain the quality business image of the area. Land uses permitted in Business Corridor Areas include offices, light industrial, banks and hotels.

Free-standing restaurants are only permitted in Business Corridor Areas through the review of a site specific development application and a zoning amendment.

The property is zoned “Business Corridor” (BC) under by-law 108-81, as amended. The zone category permits a range of commercial and light industrial uses including restaurants, banks, offices and health centres. A site specific amending by-law (By-law 2001-92) zones the subject property “Business Corridor”, introduces the free-standing restaurant permission and limits the permitted uses for Building ‘E’ to offices only.

Site plan issues to be resolved

Woodbine Avenue Road Widening

Staff note that York Region has previously acquired the 3.7 metres immediately abutting Woodbine Avenue (landscape strip) for future road widening purposes. Through this acquisition, the Region has agreed to permit a 1.0 metre landscape encroachment within the 3.7 metre widening. It is the opinion of staff that additional landscape screening along Woodbine Avenue is recommended to screen the additional parking spaces proposed immediately in front of the restaurant building.

Siting of building

The Owner is proposing the addition of 8 parking spaces between the proposed restaurant building “B” and the Woodbine Avenue lot line. These parking spaces will be located immediately adjacent to the proposed building’s west wall, followed by a driveway aisle and another 7 parking spaces which were approved as part of the original site plan in July 2003. (Figure 6). To accommodate this additional parking in front of the building, the Owner is proposing to move the restaurant building further away from Woodbine Avenue (approximately 23 metre setback) with 2 rows of parking with a total of 15 parking spaces in the front yard. The 2003 approved site plan contemplated the restaurant building at an approximate setback of 18 metres from Woodbine Avenue and 1 row of parking with a total of 7 parking spaces in the front yard, including 3.7 metres of landscaping.

Consistent with the Business Corridor Area policies, staff requested the applicant consider locating the proposed building to the street edge with all parking placed behind the building (Figure 7). Alternatively, staff suggested that the restaurant building (Bldg “B”) remain in the originally approved location, closer to Woodbine Avenue, with the proposed 8 additional parking spaces located behind the restaurant building. These suggestions are consistent with the intent of the previously approved site plan which was to site the buildings as close to the street edge as possible with parking areas generally located behind buildings (within the interior of the lot), making them less visible from the street. The Owner has advised staff that they are not in a position to make the suggested changes due the cost that would be incurred as a result of existing soil conditions (engineered fill for building “B” already in place) and the need for additional on-site parking.

As a further compromise to address concerns with the proposed building and parking locations, staff suggested that the Owner re-configure the parking area in vicinity of Buildings ’C’ and ‘A’ (Figure 4) in order to take advantage of a potential 0.8 -1.0 metres to be gained by adjusting parking stall depths (to the minimum required 5.8 metres rather than the existing 6.0 metres provided). This will add an additional 0.8 – 1.0 metres on site, immediately abutting the 1.0 metre landscape encroachment with the Region, for a total 1.8 – 2.0 metre landscape strip along Woodbine. This will allow for more space to incorporate plant material and/or a low screen fence along Woodbine Avenue. The Owner has advised staff that they are not prepared to reconfigure the parking layout to increase the landscape area or construct the fence.

Staff have further suggested that in place of the fence, that additional landscaping be provided within the enhanced 1.8 – 2.0 metres along Woodbine Avenue, or elsewhere on site. The Owner has indicated in a letter dated April 1, 2008 that there would be no significant benefit obtained with the addition of landscaping on site. The Owner did suggest that they would be willing to add additional landscaping within the daylight triangle (Woodbine and Denison), subject to Region approval.

Staff note that the proposed additional 8 parking spaces are not required parking spaces under by-law 28-97, as amended. The parking spaces are being proposed by the Owner in an attempt to deal with the current on-site parking demands particularly during the peak lunchtime period.

Internalize garbage and cooler rooms

The Owner originally proposed a garbage room and a pre-fabricated cooler room at the north end of the building with a 1.5m wood screen fence enclosing a portion of the side yard area (See Figure 4). Staff requested that the Owner completely internalize the garbage and cooler room within the building and remove the wood fencing along the north side of the building. The Owner is willing to make the requested changes and has been advised that a minor variance for the side yard setback may be required as a result of these changes.

Proposed building elevations

The Owner is proposing a west building elevation, facing Woodbine, consisting primarily of double glazed windows with brick veneer and stucco with simulated “board concrete” finish accents. The south elevation will be treated in a similar manner as the west elevation and it will provide the main entrance to the building. The east and north elevations will consist of mainly brick veneer and stucco finish (eggshell) with stucco with simulated “board concrete” finish accents. Staff are generally satisfied with the building elevations and will continue to work with the Owner on refining the plans.

Overall Parking Supply

Under the current proposal, a total of 174 parking spaces are required whereas 201 spaces are provided. Although the site contains more parking spaces than what is required in the by-law, the site has parking constraints, particularly during the lunch time peak period. It is for this reason that the Owner is seeking to add additional parking on site.

Minor variances required

A minor variance will be required to permit the proposed restaurant building “B” with a GFA of 261.54 square metres whereas the by-law requires a minimum GFA of 900 square metres for an individual building. Staff note that a minor variance for the subject property was approved in October 2003 (A/212/03) permitting a minimum GFA of 286 square metres for an individual building, to accommodate the previously approved restaurant.

As discussed earlier, a minor variance may also be required to accommodate a small expansion to the building to facilitate internalizing the garbage and cooler rooms.

Conclusion

Staff are of the opinion that moving the proposed restaurant building closer to Woodbine Avenue and eliminating the parking in the front yard would better meet the intent and objectives of the Business Corridor Area, while creating a more attractive and active pedestrian environment. Staff have met with the Owner on several occasions and have made suggestions at how the site plan can be revised to address staff concerns. The owner, for various reasons, has not responded favorably to these suggestions. Notwithstanding staff concerns with the proposed building location, staff are comfortable that with the introduction of appropriate landscape elements along Woodbine Avenue, including landscape screening at parking grade level, that the location of the proposed restaurant and additional front yard parking, as proposed by the Owner can be accommodated. Staff will continue to work with the Owner to finalize outstanding site plan issues relating to enhanced landscaping on site, elevations and the introduction of the reflective roof and alternative roof rain garden.

FINANCIAL TEMPLATE (external link):

The applications have been circulated to applicable departments and agencies for comment, and their requirements have been included as conditions of approval.