II That as part of any amendment to the existing approved site plan for the property,

Council DIRECTS the Site Plan Control Officer to take the following items into consideration:

  1. Along the shared east property line, remove the existing fence and install a privacy fence at least 2.4m in height with boards on both sides so that there is no visibility through the fence. The first 9.15m of the fence south of Cabana will beup to 1m high so as not to obstruct views for cars exiting from the property;

  2. 2.4 m high privacy fencing will be installed along the rear of the property;

  3. Developer to remove the 3 pines trees along the east property line (including the one on the neighbour’s property) and install on the property at least 4 (four) Cedar trees at least 3.048 m high so as to block the view to the raised patio at 539 Cabana Road East;

  4. Developer to install 1.83m high black cedars every 1.2m on center along the shared property line; and

  5. all restaurant garbage to be stored in the building.

Executive Summary:

Background:

At the July 13, 2020 meeting of the Development and Heritage Standing Committee (DHSC) the Committee considered Report S88/2020 concerning the application of the Rosati Group (“Owner”) to rezone the property at 525-535 Cabana Road East to allow additional permitted uses on the site. The Owner’s original application was to add Restaurant and Take-Out Restaurant to the limited number of uses (medical office, business office, pharmacy, professional studio, health studio) currently allowed on the site. No changes to the site regulations were requested. During the DHSC meeting the Owner requested that the Committee agree to s further additional use being permitted, and other uses being prohibited and advised that It was prepared to implement various development restrictions such as buffering and screening improvements for the benefit of the adjoining neighbours. DHSC recommended in principle the additional use and prohibited uses and development restrictions with a direction to Administration to provide a fulsome report and Recommendations on this matter when it is scheduled to come before Council. This is the requested report.

The Planning Department recommended approval of the original application, as described in S88/2020.