Request to Lay-out and Dedicate for Public

Highway Purposes - City-owned Reserve Strip

abutting the north limit of Lorindale Avenue

(North Toronto)

The Toronto Community Council recommends that

(1)Council layout and dedicate, for public highway purposes, the 0.3 metre wide City owned reserve strip at the north limit of Lorindale Avenue as shown hatched on the print of Plan SYE2926, dated June 25, 1999 attached to the report (July 5, 1999) from theDirector, Transportation Services District 1 to enable access to the parking garage of Premises No. 3130 Yonge Street; and

(2)That the appropriate City Officials be authorized to take whatever action is necessary to give effect thereto, including the introduction in Council of any bills that might be necessary.

The Toronto Community Council reports, for the information of Council, having requested the Commissioner of Works and Emergency Services to provide support to the Ward Councillors to enable them to have a community meeting and report thereon directly to Council.

The above recommendation and request to the Commissioner of Works and Emergency Services was carried on the following division of votes:

Yeas:Councillors McConnell, Adams, Bossons, Chow, Disero, Fotinos, Jakobek, Korwin-Kuzynski, Layton, Pantalone, Rae and Silva - 12

Nays:Councillor Walker - 1

The following motion placed by Councillor Walker was lost on the following division of votes:

"That consideration of this matter be deferred until the meeting of the Toronto Community Council to be held on September 14, 1999, to permit the Ward Councillors to have a community meeting."

Yeas:Councillors Adams and Walker - 2

Nays:Councillors McConnell, Bossons, Chow, Disero, Fotinos, Jakobek, Korwin-Kuzynski, Layton, Pantalone, Rae and Silva - 11

 The Toronto Community Council submits the following report (July 5, 1999) from the Director of Transportation Services, District 1, Works and Emergency Services:

Purpose:

To respond to an application made on behalf of Lawrence Park Residences Corp., with respect to the proposed development at Premises No. 3130 Yonge Street, to lift the 0.3 metre-wide City-owned reserve strip at the north limit of Lorindale Avenue and to lay-out and dedicate this land for public highway purposes.

Funding Sources:

Not applicable.

Recommendations:

(1)That Council decide whether to layout and dedicate, for public highway purposes, the 0.3 metre wide City owned reserve strip at the north limit of Lorindale Avenue as shown hatched on the attached print of Plan SYE2926, dated June 25, 1999 to enable access to the parking garage of Premises No. 3130 Yonge Street; and

(2)That the appropriate City Officials be authorized to take whatever action is necessary to give effect thereto, including the introduction in Council of any bills that might be necessary.

Background:

Ms. Cynthia MacDougall of McCarthy Tetrault, Barristers and Solicitors, has applied, on behalf of Lawrence Park Residences Corp., the owners of Premises No. 3130 Yonge Street, in a letter dated February 25, 1999, for the 1 foot reserve (0.3 metres) located at the north limit of Lorindale Avenue to be laid out and dedicated as public highway. This would permit vehicular and pedestrian access to the proposed development on the subject site from Lorindale Avenue.

Comments:

By-law No. 13466 passed on December 14, 1931, established a one-foot reserve strip (0.3 metres) across the north end of Lorindale Avenue which is to be held by the City "until required for the further northerly extension of said Lorindale Avenue".

The proposed development at Premises No. 3130 Yonge Street was approved by the Ontario Municipal Board at a hearing in 1997. The approved development comprises a 6-storey apartment with retail at-grade fronting Yonge Street and a 4-storey apartment building, stepping up to 5 storeys, located centrally on the site. A maximum of 80 units is permitted in these 2 buildings. An additional 9 townhouse units are proposed at the west end of the site. The project will be served by a single below-grade parking garage with approximately 100 parking spaces.

The location of the vehicular access to the below-grade parking garage has been an ongoing issue related to this project. Both an access from Lorindale Avenue and an access from Yonge Street have been considered at various stages of the development review process, and both locations have been demonstrated to operate adequately, from strictly a traffic capacity perspective. Residents on Lorindale Avenue and local Councillors have continually expressed concern with access from Lorindale Avenue because of the impact of the traffic which would be generated by this development. The applicant's traffic consultant has estimated that this development would generate approximately 25 two-way vehicle trips during the peak hours.

In the February 6, 1998 OMB decision with respect to this development proposal, it was indicated that:

"The Board does not have jurisdiction to compel the City to lift the one foot reserve, nor does the Board have the authority to compel Metropolitan Toronto to permit access from Yonge Street. That is a decision which will have to be made elsewhere, and this decision will only assess the alternate access proposals from the perspective of which proposal is better planning."

It should be noted that access to the loading space of the project is intended to be from Lorindale Avenue. It is access to the parking garage that remains in question.

With respect to the two access options, staff conducted traffic counts and gap surveys on Yonge Street which demonstrated that the operations of a Yonge Street access would be manageable, although some delays would be experienced. The traffic generated by the development would be similar in magnitude to the traffic previously using the existing driveway at this location serving a car dealership.

The developer and its solicitor and traffic consultant are recommending the Lorindale access, based on the policy framework and traffic safety and operations. They note that Yonge Street is an important pedestrian corridor and safety would be enhanced if there were no direct vehicular access. From a planning and urban design perspective, a continuous Yonge Street facade, which would enable the planting of trees, is preferable to a garage ramp. In terms of operations, the minor additional traffic volumes would be accommodated more effectively with a Lorindale access. It is indicated that the parking entrance is proposed at the northerly end of the lands and will be removed from the sight of the existing residents. They note that from a policy perspective, both related to direct access to arterials, and the City's main streets policies, the Lorindale access is appropriate and preferable.

Conclusion:

The provision of vehicular and pedestrian access from Lorindale Avenue to serve this development, by laying out and dedicating the 0.3 metre-wide reserve strip as public highway is workable. The impact of this access on the residents of Lorindale Avenue is a qualitative matter, having more to do with quality of life issues. There are also urban design issues and, in this regard, staff of the Urban Design section of Urban Planning and Development Services have indicated that an access to Lorindale Avenue is preferable in order to achieve a continuous building frontage on Yonge Street.

Contact Name and Telephone Number:

John Mende

Manager, Traffic Planning, District 1

392-7713

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The Toronto Community Council reports, for the information of Council, having also had before it during consideration of the foregoing matter, the following communications, and copies thereof are on file in the office of the City Clerk:

-(July 14, 1999) from Ms. Cynthia Macdougall, McCarthy Tétrault, Barristers and Solicitors.

-(July 14, 1999) from Mr. Michael Opara, Co-Chair, Bedford Park Residents Association.