Item - 2019.TE10.8

The Toronto and East York Community Council recommends that:

1. City Council amend Zoning By-law 438-86, as amended, substantially in accordance with the draft Zoning By-law amendment attached as Attachment 4 to the report (October 15, 2019) from the Director, Community Planning, Toronto and East York District.

2. City Council amend Zoning By-law 569-2013 substantially in accordance with the draft Zoning By-law amendment attached as Attachment 5 to the report (October 15, 2019) from the Director, Community Planning, Toronto and East York District.

3. Within three years of the restaurant size restriction of the attached by-laws coming into force and effect, City Council direct the Director, Community Planning, Toronto and East York District, in collaboration with other relevant divisions, to report back to Toronto and East York Community Council on the effectiveness of the by-laws.

4. City Council support the establishment of a steering committee comprised of residents, businesses, and relevant City staff, including Municipal Licensing and Standards and Toronto Building that would meet regularly to address community concerns regarding the City's by-laws and its enforcement, and to keep an open dialogue between the City and the local community.

5. City Council request the Chief Planner and Executive Director, City Planning to study and analyze strategies to regulate chain store retail in Kensington Market and to report back on his findings Q4, 2020.

At its meeting on February 26, 2019, City Council directed City Planning staff, in consultation with appropriate staff in Municipal Licensing and Standards, Toronto Building, Economic Development and Culture and Legal Services, to conduct an analysis of restaurant and bar uses in Kensington Market and to report back on actions to protect the mix of uses in Kensington Market and control the impacts of restaurant and bar uses.

City staff are recommending a multifaceted approach to protecting the retail mix and mitigating the impact of restaurants and bars that includes a planning intervention and a community-based solution. The planning intervention recommends amending the zoning by-laws to limit the size of restaurants and bars in Kensington Market to 100 square metres. The recommended community solution is the establishment of a steering committee comprised of residents, businesses and relevant City staff, that would meet on a regular basis with the aim of improving communication, co-ordination and incident responses. This report also highlights and summarizes concurrent City initiatives and studies that are related to small scale businesses and the impacts of restaurants and bars in Kensington Market.

Based on the feedback staff received during the consultation process, and as part of further study for the mix of uses, staff are also recommending that that a separate study be conducted on strategies to regulate chain store retail in Kensington Market.