March 4, 1998
To:East York Community Council
From:Richard Tomaszewicz
Commissioner of Development Services
East York Office
Subject:ZONING BY-LAW AMENDMENT APPLICATION
Invar Building Corporation
7 Overlea Boulevard
Ward 1 - East York Community
Purpose:
The purpose of this report is to provide the East York Community Council with a staff opinion and recommendations on
an application to amend Zoning By-law No. 1916 to permit retail commercial uses, a video store and personal service shops
on the ground floor of the 7-storey mixed use residential and commercial building at 7 Overlea Boulevard.
The report is for the Community Council's consideration at the public meeting on April 1, 1998.
Recommendations:
It is recommended that City Council:
(1)Approve the application by Invar Building Corporation to amend Zoning By-law No. 1916 to permit retail stores and
personal service shops on the ground floor of the mixed use residential-commercial building at 7 Overlea Boulevard, and to
permit 5 parking spaces on the east side of the property, adjacent to Leaside Park Drive;
(2)That Council enact an amendment to Zoning By-law No. 1916 to permit the uses described in Recommendation (1)
above.
Background:
Site Description:
The site is a 1.05 ha (2.6 acres) property located at the southeast corner of Overlea Boulevard and Millwood Road. It is
developed with a seven-storey, 14,128 m2 (152,078 sq. ft.) building, formerly used for offices. The owners, Invar Building
Corporation, are in the process of converting the building to a mixed use, residential-commercial building, with 144-unit
condominium apartment units and ground floor commercial uses.
Proposal:
Vincent Planning and Development Consultants Inc. submitted an application on behalf of the owners to amend Zoning
By-law No. 1916 to permit retail stores and personal service shops on the ground floor of the building. The purpose of the
application is to allow the owners to lease space to a convenience store and service uses that would primarily serve the
residents of the apartments in the building. The zoning by-law currently permits various office and service commercial
uses, but retail uses and personal service shops are not permitted.
The applicant also requested an amendment to change Schedule "2" to By-law No. 68-97 (the site plan attached to the
site-specific zoning by-law) to permit 5 parking spaces with access from Leaside Park Drive, for parking for a proposed
convenience store.
Official Plan:
The site is designated East York Centre - Mixed Use Area in the Official Plan. Section 3.2.2 permits land in this
designation to be developed for a mix of retail, service and office commercial, residential, public educational and
institutional land uses.
The property is also designated as Special Policy Area 8. Section 3.15.8 permits land in Special Policy Area 8 to be used
for residential and freestanding retail commercial uses only if a site specific Zoning By-law amendment is approved.
Zoning By-law:
The property is zoned Commercial Centre - CC(3) Site Specific Zone in Zoning By-law No. 1916. The site specific by-law
(By-law No. 68-97) was passed by Council on May 20, 1997 to allow the owners to construct 144 residential units in the
building. The by-law also permits the following commercial uses on the ground floor of the building:
a)Offices:
i)Business and Professional Office
ii)Government Office
b)Service Commercial:
i)Hotel with ancillary retail uses limited to a tuck shop and gift and boutique stores only;
ii)bank and financial institution;
iii)Clinic (including a drug dispensing facility limited to a Gross Floor Area of not more than 50 m2);
iv)Day Nursery;
v)Restaurant;
vi)Restaurant Take-Out, limited to a Gross Floor Area of not more than 100 m2;
vii)Commercial School;
viii)Places of Assembly (excluding a Church or a church hall);
ix)Places of Amusement;
x)uses Accessory to the foregoing.
Permitted commercial uses must be located within a wholly enclosed building, and are permitted on the ground floor only.
The applicants are now requesting an amendment to the zoning by-law to permit retail uses, a video store, and personal
service shops (such as a barber shop, hairdressing shop, shoe repair and similar service establishments) on the ground floor,
in addition to the uses listed above.
Comments:
Circulation:
The application was circulated to the usual commenting departments and agencies. No comments or concerns were
received.
Notice of the Public Meeting:
Notice of the Public Meeting was circulated to every owner of land within approximately 400 feet of the site.
Planning Comments:
Land Uses:
The proposed uses are permitted by the Official Plan, subject to a rezoning for the proposed retail use. Retail uses are not
new to the area. Council recently permitted retail uses on the 4 Corners properties on the north side of Overlea Boulevard,
at 26, 28, 60 and 62-66 Overlea Boulevard, and on the south side of the street at 25 Overlea Boulevard.
The proposed uses will complement the new residential uses in the building. The uses will be subject to the current
restrictions that require permitted commercial uses to be located on the ground floor of a wholly enclosed building. Staff
support the continuation of this restriction, because it will contain any impacts on businesses in the area, and help maintain
the image of the area.
Parking:
Adequate parking is provided on the site, however, the applicants are proposing 5 new parking spaces with access from
Leaside Park Drive to provide convenient parking for the proposed convenience store. Transportation and Engineering staff
have no concerns about the impact of the parking spaces on traffic flow on Leaside Park Drive.
Staff have no objection to this change, and can ensure through site plan approval that the parking spaces are appropriately
designed and suitably landscaped.
City Wide Issues:
None.
Conclusions:
The proposed uses are permitted by the Official Plan, and are similar to uses that are being established on other properties
in the area. The requirement that permitted commercial uses be located on the ground floor within a wholly enclosed
building will ensure that the uses have minimal impact on the business uses and image of the surrounding area.
Staff are recommending that the application be approved, and that City Council pass an amendment to the by-law to permit
the proposed changes.
Contact Name:
Paul Galvin, Planner
(416) 778-2043
(416) 466-9877 Fax
planning@borough.eastyork.on.ca
Respectfully submitted,
Richard Tomaszewicz
Commissioner of Development Services
East York Office
