1 Application for Site Plan Approval by Manresa Investments Ltd. Re: 832 Eglinton Avenue East

(City Council on September 28 and 29, 1999, adopted this Clause, without amendment.)

The East York Community Council recommends that City Council approve the application for Site Plan Approval submitted by Manresa Investments Ltd. regarding the property at 832 Eglinton Avenue East, subject to the following conditions:

(1) that the approval apply to the following drawings:

(a) the "Site Concept" plan (Sheet No. SP:1), prepared by Brown Consulting and Design, date stamped received by the East York Planning Office on September 13, 1999, subject to redline revisions deleting the rear exit door;

(b) the "North/East Elevations" plans (Sheet No. A:5), prepared by Brown Consulting and Design, date stamped received by the East York Planning Office on August 3, 1999;

(c) the "South/West Elevations" plans (Sheet No. A:4), prepared by Brown Consulting and Design, date stamped received by the East York Planning Office on August 3, 1999;

(2) that the Owner be required to enter into a Site Plan Development Agreement incorporating the following conditions of approval:

(a) the Owner shall ensure that all signs are in conformance with the East York Sign By-law, to the satisfaction of the Director of Building, East District notwithstanding the Applicant's right to apply for a variance to the East York Sign By-law at a future date;

(b) the Owner shall be responsible for providing and maintaining signage on the private driveway prohibiting outbound left turn movements at the Eglinton Avenue East access, to the satisfaction of the Manager of Traffic Planning, District 1;

(c) the Owner shall be responsible for providing and maintaining a minimum driveway width of 6.0 metres including a 2.5 metre by 2.5 metre flare/taper on each side of the driveway at the entrance from/exit to Eglinton Avenue East for a total curb cut of 11.0 metres, to the satisfaction of the Manager of Traffic Planning, District 1;

(d) the Owner shall be responsible for submitting a separate application to, and obtaining the approval of the Commissioner of Works and Emergency Services for any work within the street allowance and public lane, including any work to accommodate the proposed vehicular entrances and exits to/from the site, to the satisfaction of the Director of Building;

(e) the Owner shall be responsible for obtaining building location and streetscape permits, and other permits which may be required for hoarding, piling/shoring or other construction activities, to the satisfaction of the Director of Building;

(f) the Owner shall ensure that garbage is stored in sealed containers inside the building until the designated pick up day, to the satisfaction of the Commissioner of Works and Emergency Services; and

(g) the Owner shall ensure that all units of waste and recyclable material are placed for collection in a manner specified by the City, to the satisfaction of the Commissioner of Works and Emergency Services.

The East York Community Council submits the following report (September 23, 1999) from the Director of Community Planning, East District:

Purpose:

The purpose of this report is to review an application for site plan approval for a proposed commercial building at 832 Eglinton Avenue East.

Financial Implications:

The developer would assume the costs associated with this proposal.

Recommendation:

It is recommended that the East York Community Council refuse the application for site plan approval by Manresa Investments Ltd. for the property at 832 Eglinton Avenue East.

Background:

Manresa Investments Inc. applied for site plan approval on June 15, 1999 for a proposed 870.0 square metre (9,365.0 square feet) one-storey commercial building.

Discussion:

(1) Site Description:

The site, which is vacant, is located on the north side of Eglinton Avenue, between Laird Drive and Sutherland Drive, in the Eglinton Avenue East commercial strip. The property has a lot frontage of 30.48 metres (100.0 feet) on Eglinton Avenue, and a lot area of 1,022.0 square metres (11,000.0 square feet). The property has access to the public lane at the rear, which also provides access to the other commercial properties in the block.

The commercial block on the north side of Eglinton Avenue, between Laird Drive and Sutherland Drive, is developed consistently with one and two-storey commercial buildings with storefront commercial units. The block is uninterrupted by vehicular driveways. Parking is located at the rear of the buildings, with access from the public lane. There are on-street metered parking spaces on Eglinton Avenue.

(2) Proposal:

The applicants are proposing to construct an 870.0 square metre (9,365.0 square feet) commercial building. The proposed building would have a one-storey façade with pedestrian access from Eglinton Avenue, and a split-level profile at the rear. The prospective tenants, Enbridge Consumers Gas, propose to use the building for a natural gas appliance showroom and sales centre.

The applicants are proposing 9 parking spaces on the west side of the property, with access from Eglinton Avenue through to the public lane at the rear.

Drawings showing the site plan and building elevations are attached.

(3) Official Plan:

The property is designated Main Streets Commercial/Residential in the Official Plan for the former Borough of East York. Policy 3.9.1 of the Official Plan permits the land to be used for pedestrian-related commercial uses, together with multiple unit housing in the form of medium rise structures. The following policies of Section 3.9 of the Official Plan also apply to the site:

3.9.7 On-site parking shall generally be located to the rear of commercial establishments to preserve and enhance the street edge and pedestrian character of the main street.

3.9.8 Council shall, through the site plan control process, encourage the creation of alleyways behind main streets buildings. Such alleyways will be used for: the delivery of goods; access for the parking of vehicles; and fire access.

The urban design policies in Section 2.10 of the Official Plan are intended to promote a high level of urban design, including the enhancement of the quality of public streets. The following policies of Section 2.10 are particularly pertinent to this proposal:

2.10.2 Council shall promote an attractive and comfortable pedestrian environment and streetscape by:

(a) encouraging building design and siting which provide weather protection and an interesting and attractive design along public sidewalks;

(b) encouraging site designs which minimize the disruption to pedestrian movement by vehicular access points; and

(c) ensuring that, in general, surface parking lots are located at the rear of buildings.

(4) Zoning By-law:

In April 1997, the applicant applied to change the zoning on the property from Commercial-Local C2 Zone to a site specific commercial zone to permit a three storey mixed-use development comprised of 663.0 square metres (7,144.0 square feet) of ground floor commercial space and ten two-bedroom apartments above. On October 7, 1997, East York Council passed By-law No. 145-97 to permit the development. The site is zoned "Commercial - Local C2.1 Site Specific Zone". The same commercial uses permitted in the C2 zone are permitted on this site, including a retail store and a service shop.

The Zoning By-law sets out site-specific development standards for the site. On June 8, 1999, the Committee of Adjustment approved minor variances to allow the following:

(a) a front yard setback of 2.2 metres (7.2 feet), whereas the Zoning By-law requires a minimum front yard of 3.0 metres (9.8 feet);

(b) a zero-rear yard setback, whereas the By-law requires a rear yard setback of 6.7 metres (21.9 feet);

(c) no loading spaces, whereas the By-law requires one loading space;

(d) a retail commercial unit size of 870 square metres (9,365.0 square feet), whereas the By-law permits a maximum retail commercial unit size of 334.4 square metres (3,600.0 square feet);

(e) commercial uses in the basement, whereas the By-law prohibits commercial units in the basement; and

(f) the building to be used exclusively for commercial uses, whereas the By-law allows only a mixed-use commercial and residential building.

Variance (c) applies only as long as Enbridge Consumers Gas occupies the premises. A loading space will be required for any successive tenants. The Committee of Adjustment also required the applicant to provide a door on the west side of the building suitable for loading merchandise into the building. The purpose of this requirement is to discourage loading from the street, which would disrupt traffic and pedestrian movement.

The Committee of Adjustment also prohibited any window or door openings on the rear wall facing the laneway.

(5) Circulation:

The application was circulated to the usual commenting departments and agencies. The following comments were received:

(a) the Fire Prevention Division had no objections, but noted that the building must meet the design requirements of Group "E" major occupancies of the Ontario Building Code; and

(b) the Urban Design Division made the following comments:

(i) the access from Eglinton Avenue should be one-way in only, for reasons of pedestrian and vehicular safety;

(ii) a planting area and walkway should be created at the vehicular entrance, to separate vehicle traffic from pedestrians walking from the parking area to the front entrance of the building; and

(iii) the front windows of the building should remain free and clear of signs or merchandise in order to achieve the urban design goal of viewing the interior animation of the store from the streetscape.

Comments:

Staff have the following concerns about the application:

(1) The proposed two-way vehicle access does not meet the urban design objectives of the Official Plan. The Main Streets Commercial/Residential policies in Section 3.9 and the urban design policies in Section 2.10 promote the creation of attractive, comfortable, inviting and safe pedestrian environments on East York's main streets by encouraging the siting of buildings at the street edge; by requiring parking at the rear of commercial establishments; by encouraging the creation and use of rear laneways; and by discouraging any site design that could disrupt pedestrian movement with vehicle access points.

In the opinion of planning staff, the proposed two-way access offends these principles. The commercial uses on the block are uses that can be expected to cater primarily to the local neighbourhood. There is an existing public lane at the rear of the property with access to Laird Drive and Sutherland Drive that is well utilized by the other properties on the block. There are signalized intersections at each end of the block on Eglinton Avenue that would accommodate vehicle flow from the laneway onto Eglinton Avenue safely and efficiently. The applicant has not provided any compelling reason for a departure from this pattern of vehicle and pedestrian flow.

When East York Council adopted the Official Plan in 1994, they endorsed a clear vision for the development of main streets in the community. Staff have been successful in implementing these policies on main streets through rezoning applications and site plan control. Recent successes include the mixed-use projects at Bayview Avenue and McRae Drive, Woodbine Avenue and Cosburn Avenue, and at Pape Avenue and Mortimer Avenue. In these cases and others, vehicle access was not allowed from the main street. In each case, parking is located at the rear of the property, with vehicle access from the flankage street.

Staff are advocating similar traffic and parking principles for 832 Eglinton Avenue, and are concerned about the message that the approval of this application will send to other prospective applicants. This is not an isolated case. Such a precedent may encourage other similar applications on main streets, and the cumulative impact of similar development would be detrimental to the creation of safe and attractive pedestrian environments, as advocated by the Official Plan policies.

(2) The most recent version of the applicant's site plan does not safely accommodate pedestrian movement from the parking area to the front door. Customers would be required to cross the driveway to the front of the building. Staff discussed options with the applicant that included a sidewalk and landscaping, but these were omitted from the site plan.

(3) The plan does not comply with the Committee of Adjustment decision that prohibits any window or door openings on the rear wall facing the laneway. A door is shown on the applicant's floor plan.

Staff recognize that this site has been vacant for several years, and that there is a strong desire in the community to see the site developed. Staff also want to encourage the redevelopment of the site to promote the health and vitality of the commercial strip, however, staff cannot support this application because it does not adhere to the principles of the Official Plan.

If Council approves this application with a two-way driveway access, staff recommend that the approval be subject to the conditions appended to this report.

Conclusion:

In the opinion of staff, this application for site plan approval offends the policies of the Official Plan. Staff are recommending that Council refuse the application. Furthermore, the plans do not comply with the decision of the Committee of Adjustment, which prohibits window or door openings on the wall facing the lane. The plans show a doorway facing the lane.

In the event that Council approves the application, staff recommend that the approval be subject to the conditions in the attached Appendix A. Further, in order for the plans to comply with the decision of the Committee of Adjustment, the plans will have to be revised by removing the door from the rear wall facing the laneway. Staff recommend the plans be a redline revised, as described in Appendix A.

Contact

Paul Galvin, Planner

Phone (416) 397-4648

Appendix "A"

If Council approves the application by Manresa Investments Ltd. regarding 832 Eglinton Avenue, staff recommend the following conditions of approval:

(1) that the approval apply to the following drawings:

(a) the "Site Concept" plan (Sheet No. SP:1), prepared by Brown Consulting and Design, date stamped received by the East York Planning Office on September 13, 1999, subject to a redline revision deleting the rear exit door;

(b) the "North/East Elevations" plans (Sheet No. A:5), prepared by Brown Consulting and Design, date stamped received by the East York Planning Office on August 3, 1999; and

(c) the "South/West Elevations" plans (Sheet No. A:4), prepared by Brown Consulting and Design, date stamped received by the East York Planning Office on August 3, 1999.

(2) that the Owner be required to enter into a Site Plan Development Agreement incorporating the following conditions of approval:

(a) the Owner shall ensure that all signs are in conformance with the East York Sign By-law, to the satisfaction of the Director of Building, East District;

(b) the Owner shall be responsible for providing and maintaining signage on the private driveway prohibiting outbound left turn movements at the Eglinton Avenue East access, to the satisfaction of the Manager of Traffic Planning, District 1;

(c) the Owner shall be responsible for providing and maintaining a minimum driveway width of 6.0 metres including a 2.5 metre by 2.5 metre flare/taper on each side of the driveway at the entrance from/exit to Eglinton Avenue East for a total curb cut of 11.0 metres, to the satisfaction of the Manager of Traffic Planning, District 1;

(d) the Owner shall be responsible for submitting a separate application to, and obtaining the approval of the Commissioner of Works and Emergency Services for any work within the street allowance and public lane, including any work to accommodate the proposed vehicular entrances and exits to/from the site, to the satisfaction of the Director of Building;

(e) the Owner shall be responsible for obtaining building location and streetscape permits, and other permits which may be required for hoarding, piling/shoring or other construction activities, to the satisfaction of the Director of Building;

(f) the Owner shall ensure that garbage is stored in sealed containers inside the building until the designated pick up day, to the satisfaction of the Commissioner of Works and Emergency Services; and

(g) the Owner shall ensure that all units of waste and recyclable material are placed for collection in a manner specified by the City, to the satisfaction of the Commissioner of Works and Emergency Services.

The East York Community Council also had before it the following communications in support of the application for site plan approval:

(i) (Undated) from Mr. Jeff Barlow, East York, and

(ii) (September 26, 1999) from Ms. A. Vermes, President, Leaside Property Owners' Association Incorporated.

Mr. Adam Brown, solicitor for the Applicant, appeared before the East York Community Council in connection with the foregoing matter.

Respectfully submitted,

JANE PITFIELD

Chair

Toronto, September 27, 1999

(Report No. 10 of The East York Community Council was adopted, without amendment, by City Council on September 28 and 29, 1999.)