FINAL REPORT ON ZONING BY-LAW AMENDMENTS APPLICATION

4 VENN CRESCENT AND 2409 EGLINTOAN AVENUE WEST

OWNER; TERESA CIECIARA AND JOSEPH STEPIEN

APPLICANT: JOSEPH STEPIEN

Ward 27, York Humber

A. Executive Director and Chief Planner, Urban Development Services

(December 21, 1999)

Purpose:

To consider a proposal to amend Zoning By-law 1-83 with respect to the property located on the south side of Eglinton Avenue West, west of Venn Crescent, municipally known as 2409 Eglinton Avenue West and 4 Venn Crescent to permit commercial and residential uses on the subject lands.

Recommendations:

It is recommended that:

(1) the application by Mr. Joseph Stepien to amend Zoning By-law 1-83 to permit commercial and residential uses be approved; and,

(2) Zoning By-law 1-83 be amended generally in accordance with the draft Zoning By-law attached as attachment 5 to this report and worded to the satisfaction of the City Solicitor, subject to the following conditions:

a) the owner executing a Development Agreement with the City in general accordance with the draft Development Agreement (attachment 4), worded to the satisfaction of the City Solicitor, prior to the introduction of the By-law for enactment by City Council: and,

b) a public meeting be held to obtain the views of interested parties.

3) Staff be authorized to take the necessary action to give effect to the aforementioned recommendations.

Background:

Site Description and Context

The parcel of land is presently occupied by a retail store fronting Eglinton Avenue West with a residential use above within a residential bungalow style building. The commercial component was formerly used as an Auto Glass Repair shop. The site grading slopes down to Eglinton Avenue West resulting in a residential bungalow façade on Venn Crescent, while the lower retail level (the basement of the bungalow) has access at grade onto Eglinton Avenue West with the residential main level above. The lot has a frontage of 20.6m and a depth of 23.3m and is located on the southwest corner of Eglinton Avenue West and Blackthorn Avenue, with frontage also provided on Venn Crescent to the south. The subject site is abutted to the west and south by residential uses. The West Side Mall is situated immediately north of the subject lands, fronting the north side of Eglinton Avenue West. An auto collision and retail tire sales operation exists on the east on the opposite side of Blackthorn Avenue. The subject site is also abutted by a Mediacom billboard parallel to the east side property line.

Official Plan and Zoning Context

The property is designated Mixed Use in the City of York Official Plan, which fosters a positive neighbourhood and community focus within the public realm by encouraging pedestrian oriented and transit supportive neighbourhood institutional, and commercial activity. A focus increasing residential activity in mixed use areas along arterial roads that are serviced by public transit is also encouraged.

The property is zoned Local-Residential Commercial (LCR) and is subject to site-specific zoning provisions under Section 16(222) of Zoning By-law 1-83. This section limits the range of commercial uses permitted and does not permit a retail store use or residential units, notwithstanding the broad range of commercial and residential uses permitted by the LCR zoning. Section 16 (222) applies to a number of properties along the south side of Eglinton Avenue West and is a zoning provision that preceded the revisions to the commercial land use policies recently introduced by Official Plan Amendment No. 145 and approved by the Minister of Municipal Affairs on September 24, 1997. Section 16(222) also preceded the revisions to the former City of York's commercial zoning provisions introduced by By-law 3507-97 enacted on June 25, 1997 to implement Official Plan Amendment No. 145. For administrative reasons, By-law 3286-79 which introduced Section 16 (222) was not repealed as is applies to a number of properties on the south side of Eglinton Avenue West, including the subject property.

The Proposal

An application to amend Zoning By-law 1-83 was submitted on July 28, 1999, to permit an expanded existing retail store use and a full one storey addition with two (2) residential units, resulting in a two storey façade on Venn Crescent and a three storey façade on Eglinton Avenue West.

On December 7, 1999, the owner amended his application by reducing the proposed one storey addition to a two storey addition on the Eglinton Avenue West frontage to expand the reatil store and the existing residential unit. This revision lessens the parking requirements associated with the revised proposal from five spaces required for the original proposal, to three. The applicant is proceeding with a 39.02m² ground floor addition to create a total commercial gross floor area of 96.24m². The proposed addition will also result in a corresponding increase of 39.02m² in additional gross floor area for the existing residential unit. The amended application results in an opportunity for the provision of a greater amount of open landscaped amenity space, and a physical separation of the proposed residential and commercial parking spaces. The parking separation will also serve to restrict vehicular through-traffic from Eglinton Avenue West to Venn Crescent.

Project Statistics:

Existing Use: Legal non-conforming dwelling house and illegal retail store

Official Plan: Mixed Use

Zoning: LCR - Local Commercial-Residential, and site specific zoning under Section 16(222)

Total Gross Floor Area: 265.24m2 (including addition, no exclusions)

Residential Floor Area: 132.62m2 (no exclusions)

Commercial Floor Area: 132.62m2 (no exclusions)

No. of Residential Units: 1 (existing)

Height: 2 storeys off Eglinton Ave. W. (1 storey off Venn Cres.)

Parking Required: 3

Parking Proposed: 3

Comments:

Agency Review

All departments and agencies circulated, with the exception of Toronto Hydro, have submitted comments indicating that they have no objections to the proposal.

Development services is requesting that the applicant apply and receive approval from the Road Allowance Control Section of Works and Emergency Services Department, for a reduction of the Eglinton Avenue West curb cut from 8.23m to 6m, and to provide and maintain a paved area along the Eglinton Avenue West frontage as a turnaround area for vehicles using the commercial parking spaces. The owner will also be required to install a catchbasin to the satisfaction of the Commissioner of Works and Emergency Services.

The Urban Design Section of the West District has requested that landscape improvement be required, and that the existing chain link fence off Venn Crescent be removed, and a wood privacy fence be installed in an area in the east sideyard to separate the commercial parking spaces from the residential amenity space.

Conformity with Official Plan and Zoning By-law

The Official Plan goals and objectives for Mixed Use areas are satisfied through this application. The property is well serviced by public transit along Eglinton Avenue West, and pedestrian oriented and accessible as envisioned through its designation. The permitted uses in a Local-Residential Commercial zone include both the retail store and residential uses, which reinforce the increased residential activity objective of the Official Plan. The result of the application will be a development within the general intent of the Official Plan and Zoning By-law.

Desirability of the Proposal

The proposal itself would maintain the residential character of the community along Venn Crescent, while not resulting in any adverse impacts to the existing commercial operations along Eglinton Avenue West. The proposal will serve to improve the existing streetscapes along both frontages by introducing an upgraded commercial façade along Eglinton, an increase of open landscaped area along Venn Crescent. The required reduction in the curb cut along Eglinton Avenue West will also serve to improve vehicular movements from the property onto Eglinton Avenue.

Required Improvements

Site plan approval is not warranted given the minor nature of the proposed addition. However, as a result of negotiations with planning staff, the following are required:

i) submit to and receive approval of a landscape plan from the Director of Urban Design or his designate;

ii) submit securities to guarantee provision of landscape works as per the approved landscape plan;

iii) apply for and receive approval from the Road Allowance Control Section of the Works and Emergency Services Department, for a reduction of the Eglinton Avenue West curb cut from 8.23m to 6.0m;

iv) provide and maintain a paved area along the Eglinton Avenue West frontage as a turnaround area for vehicles using the commercial parking spaces;

v) restrict vehicular through access to Venn Crescent from Eglinton Avenue West;

vi) confirm with the Works and Emergency Services Department whether a stormwater catch basin is required and secure provision of such a stormwater control measure if required; and,

vii) relocate the existing chain link fence and gate located on the Venn Crescent frontage of the property to an area within the east sideyard between the residential and commercial parking spaces.

These improvements will be secured by requiring that the owner enter into a development agreement worded to the staisfaction of the City Solicitor, with the City prior to the Zoning By-law to permit the retail store and residential use being introduced for Council enactment. A draft development agreement is attached as attachment 4.

Proposed Zoning and Exemptions

All permitted uses in the LCR district will be permitted with the exception of a retirement lodge, nursing home and theatre as the subject lands do not have critical mass necessary to implement these uses. A public garage will also be exempted from the permitted uses as it is deemed to be incompatible with the proposed residential use. The applicant is in agreement with the exclusion of these uses in the proposed site specific Zoning By-law for the subject property. Provisions have also been included in the draft zoning By-law (attachment 5) to restrict commercial parking spaces to the north half of the property abutting Eglinton Avenue West, and to restrict access to the commercial parking spaces solely from Eglinton Avenue West.

Conclusions:

The application to amend the Zoning By-law for the subject property is considered to be reasonable and appropriate. The intent of both the Official Plan and Zoning By-law are satisfied through the application. The proposal will also provide greater opportunity for an improved streetscape both on Eglinton Avenue West and Venn Crescent.

Contact:

Philip Carvalhinho, Assistant Planner Tel: (416) 394-2618

Community Planning, West District Fax: (416) 394-2782

e-mail: pcarval@city.toronto.on

Paul J. Bedford

Executive Director and Chief Planner

City Planning

List of Attachments:

Attachment 1: Location Map

Attachment 2: Floor Plans and Site Plan

Attachment 3: Elevations

Attachment 4: Draft Development Agreement

Attachment 5: Draft Zoning By-law

FINAL REPORT ON ZONING BY-LAW AMENDMENTS APPLICATION

4 VENN CRESCENT AND 2409 EGLINTOAN AVENUE WEST

OWNER; TERESA CIECIARA AND JOSEPH STEPIEN

APPLICANT: JOSEPH STEPIEN

Ward 27, York Humber

A. Mr. Russ Brown

(December 28, 1999)

I am the previous owner of this property which was used as a residence and an auto glass replacement shop.

The new owner wishes to use it as a residence and a retail store.

This seems quite suitable, less noxious, and certainly compatible with the use of the majority of properties along Eglinton Avenue.

Accordingly, I have no objection.