Public Meeting Held Under Section 34 of the Planning Act
with Respect to Zoning By-Law Amendment Application
Submitted by Invar Building Corporation Regarding
7 Overlea Boulevard
The East York Community Council after considering the deputations and the report
(March 4, 1998) from the Commissioner of Development Services, East York, recommends the
adoption of the aforementioned report subject to also permitting a convenience store on the
ground floor of the mixed use residential - commercial building at 7 Overlea Boulevard for the
reason that the proposal is an appropriate use of land.
The East York Community Council reports having held a statutory public meeting on April 1, 1998,
in accordance with Section 34 of the Planning Act, and appropriate notice of this meeting was given
in accordance with the Planning Act regulations thereunder.
The East York Community Council submits the following report (March 4, 1998) from the
Commissioner of Development Services, East York:
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