Amendment to the Zoning Code - Lavington Properties

5 Lavington Drive - File No. Z-2250

The Etobicoke Community Council after considering the deputations, written submissions filed and the report of the Commissioner of Urban Development, Etobicoke District(May6,1998) and the supplementary report of the Director of Community Planning, West District (September 16, 1998) and for the reason that the proposal is an appropriate use of the lands, recommends that

(1)the application submitted by Lavington Properties, regarding a zoning by-law amendment for 5 Lavington Drive, be approved as amended by the following:

(i)minimum square footage of the rental units to be 650 sq. ft.; and

(ii)as lease renewals occur for business units on the second floor, the tenants be relocated to the ground floor;

(2)the following report (i) from the Commissioner of Urban Development, Etobicoke District (May 6, 1998) with respect to the application be adopted; and

(3)the following supplementary report (ii) from the Director of Community Planning, West District (September 16, 1998) be received for information:

The Etobicoke Community Council reports having held a statutory public meeting on May6,1998, in accordance with Section 34 of the Planning Act, and that appropriate notice of this meeting was given in accordance with the Planning Act and the regulations thereunder; at which time the Etobicoke Community Council:

(1)deferred consideration of the following report (May 6, 1998) to a future evening meeting of the Etobicoke Community Council for a continuation of the statutory public meeting;

(2)requested that the Staff Inspector at No. 22 Division, Toronto Police Service, be invited to attend at that time with respect to various issues raised by the area residents;

(3)requested the Property Use Division of the Urban Development Department to report on complaints about the condition of the subject property; and

(4)requested a further report from the Urban Development Department on whether the property presently complies with parking standards:

The Etobicoke Community Council submits the following report (May 6, 1998) from the Commissioner of Urban Development, Etobicoke District:

Purpose:

To consider a proposal to amend the Zoning Code to legalize 8 existing apartment units located above the plaza at 5 Lavington Drive, and to permit four additional units in a 403 m² (4,340sq.ft.) addition to the plaza, for a total of 12 apartment units.

Funding Sources, Financial Implications and Impact Statement:

City funding is not required. There are no impacts on capital or operating budgets.

Recommendation:

It is recommended that the application by Lavington Properties be the subject of a Public Meeting to obtain the views of interested parties and, if approved, that the conditions outlined in this report be fulfilled.

Background:

The subject property is located at the south west corner of Lavington Drive and Celestine Drive and was developed as a neighbourhood plaza in 1958. The current owners, Lavington Properties, acquired the site in 1988. During a review of building permit plans submitted for Fire Code retrofits in 1997, it was determined that the second floor offices of the plaza had been converted into residential apartment units. The applicants were advised that the Planned Commercial Preferred (CPL) zoning of the property does not permit residential uses and that the units should be legalized.

In August 1997, an application for rezoning was submitted to recognize the existing apartments and permit an addition to the plaza to accommodate four additional units for a total of 12 units.

Site Description and Surrounding Uses:

The site is approximately .38 ha (0.9 ac) in size with frontage on Lavington Drive and Celestine Drive (Exhibit No. 1). The plaza is centrally located on the site with surface parking available around the building; vehicular access is provided from both Celestine Drive and Lavington Drive. There are no landscaped areas on site. Seven commercial units are located at grade with two commercial units below grade. A partial second storey over the easterly half of the plaza contains eight existing residential apartment units.

Surrounding lands on the north and east sides of Lavington Drive and Celestine Drive are zoned Second Density Residential (R2) and have been developed with single detached dwellings. MartinGrove Gardens Park, zoned Public Open Space (OS), is located immediately to the west and EcoleElementaire Felix-Leclerc (formerly Martin Grove Gardens Junior Public School), zoned Second Density Residential (R2), is immediately to the south.

Proposal:

Lavington Properties are requesting permission to amend the Planned Commercial Local (CPL) provisions of the Zoning Code to legalize eight existing apartment units and permit the construction of a 403 m² (4,340 sq. ft.) addition to house four additional residential units for a total of 12 rental units in connection with the existing plaza (Exhibits Nos. 2 and 3).

Exhibit No.1 is a map showing the location of the property. Exhibits Nos. 2 and 3 are reductions of the site and elevation plans submitted by the applicant. A summary of site statistics is as follows:

Official Plan:Neighbourhood Retail

Zoning:

ExistingPlanned Commercial Local (CPL)

ProposedPlanned Commercial Local (CPL), site specific

Site Area0.38 ha(0.94 ac)

Units12

Density66.6 uph26.6 upa (based residential portion of site area)

F.S.I.0.52

G.F.A.:

Commercial1 031 m²11,097 sq. ft.

Residential 957 m²10,300 sq. ft.

Total1 988 m²21,397 sq. ft.

Coverage 957 m²10,300 sq. ft. (25%)

Landscape Area 550 m² 5,925 sq. ft. (14%)

Paved Area2 313 m²24,900 sq. ft. (61%)

Parking Required:commercial61 spaces (5.5 spaces per 93 m²)

residential12 spaces

total 73 spaces

Parking Provided:commercial37 spaces

residential12 spaces

total49 spaces

shortfall 24 spaces

The existing apartments are located above the grade related retail units in a partial second storey over the easterly portion of the plaza. The applicants propose to introduce a second storey addition over the single storey westerly portion of the plaza to accommodate the additional four apartment units (Exhibit No. 3). The units would be a mix of one and two bedrooms with an average unit size of 65.7m² (708sq. ft.).

Comment:

Official Plan:

The site is designated Neighbourhood Retail in the Etobicoke Official Plan which permits retail/service commercial uses and residential units above commercial developments within the range of 35 to 75 units per hectare (14 to 30 units per acre) based on the proportion of the site attributable to the residential use. Based on the required proportional calculations, the proposal would exhibit a density of 66.6 uph (26.6 upa) which would be within the range permitted by the Plan. Staff have evaluated the application based on the criteria for permitting residential intensification in commercial designations, as contained in Section 4.3.16 of the Plan, and are of the opinion that the proposal meets the criteria and an amendment to the Official Plan is not required. Further, the proposal would conform to the policies of the Metro Official Plan.

Zoning Code:

The site is zoned Planned Commercial Local (CPL) which does not permit residential uses and requires parking to be provided at a ratio of 5.5 spaces for every 93 m² (1,000 sq. ft.) of commercial floor space. In the event of approval, staff recommend that a site specific by-law be introduced to permit a maximum of 12 residential apartment units and a parking ratio of 3 spaces for every 93 m² (1,000sq.ft.) of commercial floor area with development standards to reflect the approved plans.

Land Use and Site Design Considerations:

The existing plaza is immediately flanked by a public school and parkland to the south and west. The limited size of the proposal in combination with the separation distance between the plaza and the single detached homes to the north and east on the opposite side of Lavington Drive and CelestineDrive, would be sufficient to prevent any adverse impacts on the surrounding neighbourhood. Further, the proposed second storey addition, containing four units, would be located on the westerly portion of the plaza with the units oriented towards the public park. It is anticipated that future residents would have access to social and recreational facilities within the established residential community with little impact on the capacity of local schools. The limited size of the proposal would not significantly impact on the operation of the adjacent roadway system. As a result, the proposal would be compatible with surrounding properties and would be an acceptable land use.

With respect to site design, the project would provide adequate space for parking, traffic circulation and garbage/service areas. In response to comments made by staff and area residents during a community meeting held on March 26, 1998, (for details see section on Community Meeting) the applicant has reduced the area of asphalt around the building, introduced a landscaped strip adjacent to the public boulevard and provided a garbage enclosure.

Staff have visited the site and suggest that a number of further upgrades be made to property, to include formal curbing of the driveway and parking areas, additional landscape material and tree planting, the introduction of a low wall to screen the parking areas from surrounding residential properties, the provision of additional refuse containers, and a review of safety and security measures such as lighting. In the event of approval, staff suggest that revised plans be submitted to the satisfaction of the Staff Advisory Committee on Development Control and that a financial guarantee be posted prior to the enactment of an amending by-law to ensure compliance with the approved plans.

Agency/Department Circulation:

In response to the circulation of plan submitted in support of this application, no objections have been expressed by the Fire Department, Toronto Hydro or the Health Department. Comments from Parks and Recreation Services remain outstanding.

The Development Engineering Section of the Works Department has advised that the applicants are required to provide environmental information to the City for peer review (Exhibit No. 4).

The Transportation Planning Section of the Works Department has indicated that the parking supply and vehicular site circulation is satisfactory (Exhibit No. 5). Transportation staff recommend that the northerly access driveway onto Celestine Drive be closed and replaced with landscaping. The applicant would be required to provide details of the refuse enclosure and recycling to the Co-ordinator of Waste Management Programming.

In March, 1998, the applicants submitted a revised plan indicating the requested driveway closure and an increase in the number of parking spaces from 44 to 49 spaces. Transportation staff are satisfied with the revised parking supply and site layout (Exhibit No. 6). It is recommended that the driveways be increased to 7.2 m (23.6ft.) in width and 12 parking spaces be individually signed for the exclusive use of tenants between 6:00 p.m. and 9:00a.m.

Community Meeting:

On March 26, 1998, approximately eight people attended a community meeting to review the proposal. The majority of persons in attendance did not object to the apartment units, however, strong concerns were expressed regarding site conditions and on-going maintenance of the property including the lack of trash cans on site, blowing and or loose garbage on-site, poor grass cutting, boulevard parking, tire ruts in the boulevard and the lack of snow removal, particularly on the City sidewalk.

To address these concerns, staff have recommended a number of upgrades to the property as outlined earlier in this report.

Conclusions:

The form and density of the proposal would generally comply with the policies for the residential intensification of commercial properties as contained in the Etobicoke Official Plan. The limited scale and location of the proposal, immediately adjacent to a neighbourhood park and public school, would have limited impact on the surrounding low density residential community. No City-wide issues have been identified.

In order to improve site conditions and address certain issues with respect to site maintenance, staff recommend that a number of modifications be made to the site including upgrades to landscaping, paving, curbing, garbage enclosures, site lighting and refuse containers. In addition, the applicants should be requested to post a financial guarantee prior to the enactment of the amending by-law to ensure compliance with the approved plans.

In the event of approval, the following conditions should apply:

Conditions to Approval:

l.Fulfillent of the following conditions by the applicants prior to the enactment of an amending by-law:

(i)Submission of plans and details outlining proposed garbage enclosure and refuse containers, additional landscape material and tree planting, closure of the northerly driveway access on Celestine Drive, formal curbing around driveways and parking areas, site lighting and the provision of a low screen wall around parking areas to the satisfaction of the Staff Advisory Committee on Development Control. The posting of an appropriate financial guarantee will be required.

(ii)Submission of environmental information for peer review to the satisfaction of the Works Department.

2.The amending by-law shall provide for the necessary amendments to the Planned Commercial Local (CPL) zone to permit a maximum of 12 residential apartment units, a parking ratio of 3 per 93 m² (1,000 sq. ft.) of floor area and development standards to reflect the approved plans.

Contact Name:

Jacquelyn Daley, Tel: (416)394-8229

Planner, Development and DesignFax: (416)394-6063

The Etobicoke Community Council also submits the following report (September 16, 1998) from the Director of Community Planning, West District:

Purpose:

To respond to a request from the Etobicoke Community Council for a further report to verify whether or not the Property Use Section of the Urban Development Department has received any complaints about the condition of the subject property; and, to address questions raised during the public meeting regarding the ability of the plaza to comply with parking standards and comments from the Toronto Police Department.

Funding Sources, Financial Implications and Impact Statement:

City funding is not required. There are no impacts on capital or operating budgets.

Recommendation:

It is recommended that the following report be received for information.

Background:

On June 24, 1998, a public meeting was held to obtain the views of surrounding residents and property owners regarding a rezoning application, submitted by Lavington Properties, to permit 12 residential apartment units and a second floor addition in connection with the existing commercial plaza located at 5 Lavington Drive (Exhibit No.1).

During the meeting area residents expressed strong concerns regarding the lack of property maintenance, particularly with respect to loose garbage on-site, graffiti, snow removal, boulevard parking, after-hours activity and lack of parking. Those residents in attendance generally felt that the proposal to introduce residential units onto the site would only aggravate these concerns. The Etobicoke Community Council requested staff to report on the complaints received by the Property Use Division on the condition of the property and to confirm if the plaza presently complies with parking standards. Staff were also requested to contact the Toronto Police Department for comment on the application

Comment:

The applicant, Lavington Properties, purchased the plaza in 1988. Since that time, the Property Use Division of the Urban Development Department has received one complaint. In January, 1991, a complaint was received regarding the storage of an inoperative vehicle on site. A Notice of Violation was sent to the applicant and the vehicle was removed within seven days. No further complaints regarding site maintenance have been received.

With respect to parking, the property is zoned Planned Commercial Local (CPL) which requires parking to be provided at the rate of 5.5 spaces per 93 m² (1,000 sq.ft.) of commercial floor area. Therefore, the amount of parking required for the existing commercial plaza, based on 1 585 m² (17,061 sq.ft.) of commercial floor space, is 94 parking spaces. The plaza is currently striped to provide a total of 61 spaces, a shortfall of 33 spaces.

Transportation Planning staff are of the opinion that the parking ratio of 5.5 spaces per 93 m² of commercial floor area is onerous for a facility of this size and suggest that a requirement of 3 spaces per 93 m² would be more appropriate. The current proposal would result in a 403 m² (4,340 sq.ft.) addition to the plaza residential purposes and the conversion of the existing second floor commercial areas into residential units. As a result, the parking breakdown for the proposal would be as follows:

Parking Requiredcommercial31 spaces (based on 3 spaces/93m²)

residential12 spaces

total43 spaces

Parking Proposedcommercial37 spaces

residential12 spaces

total49 spaces

surplus 6 spaces

Staff note that, although the plaza is currently providing 61 parking spaces, a number of these spaces are substandard with respect to stall size and drive aisle access. The 49 parking spaces proposed in connection with the proposed addition and residential uses would comply with zoning code requirements.

The Toronto Police Department has verbally advised that they are aware of the existing residential units in the plaza and have no concerns with the proposed expansion of the plaza and additional residential units. A member of the Police Department will be in attendance at the public meeting to answer any additional questions.

Conclusions:

That this report be received for information.

Contact Name:

Jacquelyn Daley, Tel: (416)394-8229

Planner, Development and DesignFax: (416)394-6063

(Copies of the Exhibits referred to in the foregoing report were forwarded to all Members of Council with the agenda of the Etobicoke Community Council meeting of September 16, 1998, and copies thereof are on file in the office of the City Clerk.)

_____

The following person appeared before the Etobicoke Community Council on behalf of the applicant in connection with the foregoing:

-Mr. D. Cusimano, Architect.

The following persons appeared before the Etobicoke Community Council in opposition to the proposal, citing the generally run-down condition of the existing plaza, poor maintenance, garbage, noise, etc.; the impact of extra traffic on Celestine Drive as a result of closing one entrance to the site; the undesirable effect of introducing apartments and transient tenants into a single family neighbourhood; the potential for increasing the existing loitering, undesirable behaviour and apparent drug dealing that takes place, of concern to residents because of the close proximity of schools; depreciation of property values, etc.;

-Mr. G. O'Brien;

-Mrs. M. Stephens;

-Mr. M. Chan;

-Mrs. G. Gallant;

- Mrs. J. Pollard; and

-Mr. F. Samek.

The following persons attended the continuation of the public meeting on September 16, 1998:

-Mr. G. O'Brier;

-Mrs. G. Gallant; and

-Representatives of the Toronto Police Department.

The Etobicoke Community Council reports having had before it the following communication:

-(June 24, 1998) from Mrs. J. Samek, objecting to the proposal.