"That an amendment to Zoning By-law 8600 BE APPROVED changing the zoning of Part Lot 15, Concession 5, situated on the south side of Cabana Road East, known municipally as 525-535 Cabana Road East, by deleting Section S.20(1)223and replacing it with the following:

“223. For the lands comprising part of Lot 15, Concession 5, described as PIN 01298-0080 LT and 01298-0081 LT, situated on the south side of Cabana Road East, east of Howard Avenue, that a medical office, business office, pharmacy, professional studio, health studio, restaurant and take-out restaurant shall be additional permitted uses and that the following regulations shall apply:

  1. All parking spaces shall be located in the front yard and side yard. Parking spaces are prohibited in the rear yard.

  2. Maximum building height - one storey

  3. Maximum net floor area - 474 square metres

  4. Minimum rear yard setback - 3.0 metres

  5. Minimum west side yard width - 0.0 metres

  6. Minimum east side yard width - 3.7 metres”

Discussion:

Adding Personal Service Shop use:

Between the time of the preparation of Report S88/2020 and the DHSC meeting, the Owner determined that a personal service shop could provide additional benefit to the commercial development and the residents of the area. As such, the Owner requested that DHSC add "Personal Service Shop” as an additional permitted use. As a result of consultations with neighbours the Owner also requested that no drive through restaurant or restaurant patio should be allowed. The DNSC agreed to these requests and they are reflected in the above recommendation to Council.

Discussions with Neighbouring Land Owners:

During the Planning Act notification period prior to the DHSC meeting, the Owner undertook discussions with the neighbours with the goal of ensuring the adjacent landowners would be satisfied with the development restrictions or mitigation measures proposed by the Owner to minimize the impact the development might have on them. The result of those discussions took the form of an agreement that the Owner proposed to register on title as restrictive covenants and also add some provisions to the Site Plan Control agreement to mitigate impacts on adjacent properties.

Site Plan Control: