May 13, 1998

 To:Toronto Community Council

From:Commissioner of Urban Planning and Development Services

 Subject:Refusal Report - 14 Prince Arthur Avenue - Application (197033) for Official Plan and Zoning By-law amendments and Site Plan Approval to permit a two-storey addition to an existing commercial-office building. (Midtown)

 Purpose:

 To recommend refusal of a proposal to add two office floors to an existing commercial-office building at 14 Prince Arthur Avenue.

 Source of Funds:

 Not applicable.

 Recommendations:

1.That Application 197033 for Official Plan and Zoning By-law amendments and Site Plan Approval for 14 Prince Arthur Avenue, as revised by plans dated stamped as received May 4, 1998, be refused.

 2.That, subject to the adoption of Recommendation 1 above, City Council request the City Solicitor, the Commissioner of Urban Planning and Development Services and staff of Heritage Toronto to appear before the Ontario Municipal Board to defend City Council=s refusal of Application 197033, and to oppose the applicant=s related appeal of the Committee of Adjustment=s refusal of minor variances.

 Background:

(1)Site and Surrounding Area:

No. 14 Prince Arthur Avenue is located in the East Annex on the north side of Prince Arthur Avenue, between Bedford Road and Avenue Road. The lot is 1291.5 m2 in size, with a street frontage of 18.6 metres and a depth of 70.4 metres. The property contains a 2.2 times density, 3.5-storey (11 metre) commercial-office building, which was originally constructed in 1956 as an apartment building. The existing building contains 1854.6 m2 of office uses, and a 996.3 m2 restaurant located partially below-grade and in the basement area. The building has 15 below-grade parking spaces.

 The low-scale residences of the East Annex are located to the north of the site. Nos. 8 and 10 Prince Arthur Avenue, which are two historic house-form buildings, are situated immediately east of the subject property. No. 20 Prince Arthur Avenue, a 22-storey, 193-unit apartment building is located to the immediate west. Low-scale and historic house-form buildings, which are primarily in commercial use, are located to the south across the street and further west.

 (2)Proposal:

 The owner proposes to add two floors for office uses on top of the existing building, each floor having a gross floor area of 506 m2. The proposed 4th and 5th floors are smaller in size than the floors of the existing building. The addition is set back 8.0 and 10.3 metres from the rear elevation of the existing building (see Maps 5 and 6). The addition results in a building which would be 3.0 times density, and would have a height of 17.8 metres, excluding a 1.8 metre tall mechanical equipment room on the roof.

 The application for Official Plan and Zoning By-law amendments for the two-storey addition was received December 31, 1997. With the revised plans, received May 4, 1998, the applicant proposes to:

-relocate the windows in the proposed addition to align with the windows in the existing building;

-stucco the exterior of the building;

-relocate mechanical equipment, currently located at-grade at the rear of the property, to a mechanical equipment room on the roof; and

-improve the landscaping at the rear of the site.

 (3)History:

 Last summer, the owner applied to the Committee of Adjustment to permit a similar, but slightly larger, two-storey addition to the existing building. The Committee of Adjustment refused the application. I concur with the Committee=s refusal. The applicant=s solicitor appealed the Committee of Adjustment=s refusal to the Ontario Municipal Board. An OMB hearing was scheduled to commence on April 14, 1998.

 On December 31, 1997, the applicant filed the subject application for amendments to the Official Plan and Zoning By-law. The Department completed a Preliminary Report, dated January 30, 1998, which outlined the preliminary planning issues. A Supplementary Report, dated February 16, 1998, recommended that, in the event that the applicant appealed the Official Plan and Zoning By-law amendments, and requested that such appeals be consolidated with their hearing on the earlier refusal of the minor variances, then the City Solicitor request the Ontario Municipal Board to adjourn the hearing. If the Board did not agree to adjourn the hearing, then the City would appear in opposition, on the grounds that the planning issues set out in the Preliminary Report had not been resolved. Both reports were submitted to the February 18, 1998 meeting of the Toronto Community Council, and the recommendations were adopted.

 A public meeting was held in the community to discuss the application on March 13, 1998. Approximately 20 people attended the meeting, including several residents of Lowther Avenue. The area residents in attendance did not support the proposal for several reasons, including the following:

-the building and addition will greatly exceed the density and height limits;

-loss of sky views from out of the back of existing houses on Lowther Avenue;

-increased shadow impacts; and

-worsened intrusion on adjacent properties.

 On April 8, 1998, the applicant=s solicitor appealed their application for Official Plan and Zoning By-law amendments, and requested that the Board consider the appeals with the refusal of the minor variances. At the Board, on April 14th, the appellant advised that the plans which would be the subject of the hearing would include modifications to the then current plans on file with the City, dated December 27, 1997. The City=s solicitor requested an adjournment of the hearing on the grounds that all appeal matters, including an appeal pursuant to Section 44 of the Ontario Heritage Act, should be consolidated and heard together at a date in the future to allow for the completion of the planning review process and to enable City Council to take a position. The OMB agreed, and adjourned the consolidated hearing to July 6, 1998.

 Revised plans, together with the owner=s application for alterations pursuant to Section 43 of the Ontario Heritage Act, were received May 4, 1998.

 Comments:

(4)Planning Controls:

 Applicable Official Plan policies:

 No. 14 Prince Arthur Avenue is designated a Special Commerce Area and is located within the Prince Arthur Area of Special Identity in the Annex Part II Plan, which permits a maximum non-residential density of two times the area of the lot.

Applicable Zoning:

 The City=s Zoning By-law (438-86, as amended) zones the site CR T2.0 C2.0 R1.0. This zoning permits a non-residential building with a maximum density of two times coverage. The governing Height Limit is 12 metres.

 East Annex Heritage Conservation District:

 The site is located within the East Annex Heritage Conservation District. The District was approved by the Ontario Municipal Board in 1995, as required by the Ontario Heritage Act. The East Annex Heritage Conservation District is one of three such districts in the former City of Toronto, the others being Wychwood Park and Fort York. Pursuant to Part V of the Ontario Heritage Act, no person shall alter a building located in a Heritage Conservation District, unless the City issues a permit to allow such alteration. If the City refuses to issue a permit, an applicant may appeal the decision to the Ontario Municipal Board.

 All buildings within the East Annex Heritage Conservation District have been added to the City=s Inventory of Heritage Properties, and are subject to General Guidelines to ensure that any physical changes in the area contribute to and strengthen the character of the East Annex.

 (5)Planning Considerations:

 (5.1)Policy context:

 The Special Commerce Area designation and the applicable zoning limit the density to two times coverage and the height to 12 metres. The existing building, at 2.2 times coverage, already exceeds the maximum density for the site. At 11 metres in height, the existing building is only one metre below the current height limit. The proposed addition will increase the density on this site by 40 percent and the height by 6.8 metres. These increases are significant, and not within the intent of the governing planning provisions.

 In accordance with the Official Plan, Areas of Special Identity are intended to conserve and strengthen areas and streets with unique and significant built form or landscape qualities, and have regard for, among other things, consistent size, scale, massing, spacing and setbacks, and the presence of buildings of historic significance. All properties within the Prince Arthur Area of Special Identity, which includes all buildings facing Prince Arthur Avenue, between Bedford and Avenue Roads, exclusive of the apartment building at 20 Prince Arthur Avenue, are similar in scale and height. Most buildings in the Area are either 11 metres or 12 metres in height, and the street is characterized by generally consistent setbacks. The two-storey addition proposed for 14 Prince Arthur Avenue would not conserve or strengthen the qualities of the street.

While the data sheet in the Preliminary Report noted that the property is located within the East Annex Heritage Conservation District, the report did not discuss the relevance of the matter. I have since consulted with staff of Heritage Toronto and the City Solicitor respecting this issue. Also, with the revised plans, submitted May 4, 1998, the applicant has now formally applied to alter a building in a Heritage Conservation District, pursuant to the requirements of the Ontario Heritage Act.

 The Guidelines for Additions and Alterations in the Final Report of the East Annex Heritage Conservation District states, among other things, that alterations or additions to the street facade should not be made, except where such alterations are intended to restore the original appearance of the building. Neighbouring buildings and the existing building on site should be used as guides, for employing similar scale, proportion and detail, including clay brick as the predominant exterior material. Further, additions should be made to the rear of properties and not exceed the existing ridge (or parapet) of the roof. The height of the proposal would exceed the heights of neighbouring properties within the Heritage Conservation District.

 Heritage Toronto advises me that the proposal does not meet the Guidelines for the East Annex Heritage Conservation District.

 (5.2)Physical context:

 As mentioned earlier, the revised plans, dated May 4, 1998, realign the windows in the proposed addition, relocate mechanical equipment to the roof, and provide for new landscaping. These changes improve the proposal. However, the size and siting of the two-storey addition remains unchanged.

 I have examined the Shadow Study which the architect forwarded to me. The rear setback of the proposal reduces potential shadow impacts. Notwithstanding, the two-storey addition will create shadows on adjacent properties.

 The prevailing height context is three storeys. No. 20 Prince Arthur Avenue, a 22-storey apartment building located immediately west of the site, is an anomaly within the Area of Special Identity, in terms of its massing. Except for a rear setback, the proposed addition is not set back on either its east or west elevations, and most importantly, it is not set back from the front elevation. The 5.5 storey scale of the proposal will be inconsistent with the prevailing built form context.

 Also, Heritage Toronto advises me that the applicant=s proposal to cover the yellow brick exterior of the existing building with stucco is not in keeping with the prevailing masonry features of the area.

 Conclusions:

 I am recommending that City Council refuse Application 197033, for reasons which include that the height of the addition will contravene the objectives of the East Annex Heritage Conservation District, and that civic staff appear before the Ontario Municipal Board to defend Council=s refusal.

Contact Name:Michael Mizzi

City Planning Division, North Section

Telephone: 392-1324

Fax: 392-1330

E-mail: mmizzi@city.toronto.on.ca

Beate Bowron

Acting Director, City Planning, Toronto Community

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APPLICATION DATA SHEET

Confirmed Municipal Address:14 Prince Arthur Avenue

 PLANNING CONTROLS (For verification refer to Chief Building Official)

 PROJECT INFORMATION