Item - 2024.SC12.4

The Scarborough Community Council recommends that:

1. City Council enact the temporary use zoning by-law amendment with respect to temporary public spaces substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 1 to the report (March 14, 2024) from the Director, Zoning, and Secretary-Treasurer, Committee of Adjustment and the Director, Community Planning, Scarborough District.

2. City Council direct the Interim Chief Planner and Executive Director, City Planning, to report back to the Planning and Housing Committee prior to the expiration of the temporary use zoning by-law amendment on potential permanent city-wide modifications of zoning regulations for public spaces on private property.

3. City Council direct the City Solicitor to make such stylistic and technical changes to the temporary use zoning by-law amendment as may be required.

4. City Council direct the City Solicitor and appropriate staff to attend and support the temporary use by-law in its current form, should it be appealed to the Ontario Land Tribunal within the statutory timeframe of the Planning Act.   

The Scarborough Community Council held a statutory public meeting on April 4, 2024, and notice was given in accordance with the Planning Act.

PlazaPOPS, a not-for-profit organization, supports the transformation of parking lots and other under-utilized spaces into free, safe and accessible gathering places for the community and are proposing several public spaces on both public and private property in the Wexford Heights Business Improvement Area (BIA). However, Zoning By-law 569-2013 does not permit the reduction of lawfully existing parking spaces to accommodate these public spaces.

This report recommends a temporary use by-law pursuant to Section 39 of the Planning Act for three years to permit public spaces to occupy parking spaces or drive aisles leading directly to those parking spaces adjacent to commercial uses in the Wexford Heights Business Improvement Area (BIA). This will support planned public spaces to be installed and maintained in Wexford by plazaPOPS, a not-for-profit organization.

The proposed temporary use by-law will apply to all lots in the Commercial Residential (CR) Zone abutting Lawrence Avenue East between Victoria Park Avenue and Canlish Road. The by-law will also limit the size of these public spaces to 400 square metres per lot and permit entertainment such as performance, music or dancing, subject to a maximum size of 10% of the lot area and a minimum distance requirement of at least 10 metres from the Residential or Residential Apartment Zone categories.

Enabling public spaces on private property creates opportunities to support and animate the public realm, contribute to complete communities by providing places for rest, recreation and socialization, revitalize commercial main streets, and to be an asset for local businesses. Enacting a temporary use by-law will provide temporary permission for public spaces in Wexford as a pilot project, where staff can monitor the impacts of these spaces and consider potential amendments to zoning regulations on a city-wide basis.

The proposed temporary use by-law is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe and the Official Plan.