4 Venn Crescent and 2409 Eglinton Avenue West

Ward 27, York Humber

The York Community Council recommends that based on the findings of fact, conclusions and recommendations contained in the report dated December 21, 1999 from the Executive Director and Chief Planner, and for the reason that the proposal is an appropriate use of lands, that the application by Joseph Stepien for a Zoning By-law Amendment to permit commercial and residential uses on the subject lands, be approved.

The York Community Council reports, for the information of Council, having held a statutory public meeting on February 1, 2000, 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 regulations thereunder.

The York Community Council submits the following report (December 21, 1999) from the Executive Director and Chief Planner:

Purpose:

To consider a proposal to amend Zoning By-law No. 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 Ve-nn Crescent, to permit commercial and residential uses on the subject lands.

Financial Implications and Impact Statement:

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

Recommendations:

It is recommended that:

(1) the application by Mr. Joseph Stepien to amend Zoning By-law No. 1-83 to permit commercial and residential uses be approved; and,

(2) Zoning By-law No. 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 23.3 m 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 No. 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 No. 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: 132.62 (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 West.

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 8.23 m to 6.0 m;

(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

ATTACHMENT 4

DRAFT DEVELOPMENT AGREEMENT

THIS AGREEMENT made this day of , 2000.

BETWEEN: TERESA CIECIARA AND JOSEPH STEPIEN.

(Hereinafter called the "Owner")

OF THE FIRST PART

THE CORPORATION OF THE CITY OF TORONTO (Formerly York)

(Hereinafter called the "City")

OF THE SECOND PART

WHEREAS the Owner is the registered owner in fee simple of the lands on the north side of Eglinton Avenue West, east of Venn Crescent, in the City of York, municipally known as 2409 Eglinton Avenue West and 4 Venn Crescent (hereafter called the "site"); and

WHEREAS the Owner has applied for a Zoning By-law amendment to change the zoning of the site; and

WHEREAS the proposed Zoning By-law amendment will permit a residential use and a range of commercial uses including a retail store; and

WHEREAS the York Community Council on adopted a report recommending that the proposed Zoning By-law amendment be approved subject to the owner executing a Development Agreement with The City prior to the By-law's enactment; and

WHEREAS the Owner is desirous of entering into the agreement to expedite consideration of the enactment of the Zoning By-law amendment by Toronto City Council on ;

NOW THEREFORE in consideration of the premises and of Council enacting the Zoning By-law amendment, the Owner covenants and agrees with the City as follows:

Grading and Drainage

1. The Owner agrees to provide facilities for the proper and controlled disposal of stormwater runoff by way of a catchbasin, to the satisfaction of the Commissioner of Works and Emergency Services or their designate.

Access Ramps, Parking Areas and Driveways

2. The Owner agrees to treat all access ramps, driveways and parking areas to and on the site with a proper hard impervious surface and to provide curbing in accordance with the floor plans and site plan noted in Schedule "A" and attached hereto, all to the satisfaction of the Commissioner of Works and Emergency Services or their designate.

3. The Owner agrees that the provision of any new access ramps, driveways, parking areas and related curbing as shown on the approved plans shall be completed by the owner, at its expense.

4. The Owner shall not permit motor vehicles to be parked on any part of the site unless all areas on which parking is permitted are surfaced with a hot mix asphalt.

Landscaping

5. The Owner agrees to landscape the lands in accordance with the landscape concept illustrated on the floor plans and site plan noted in Schedule "A" and attached hereto.

6. All landscaping work, including fencing, shall be done to the satisfaction of the Director of Urban Design, West District, or their designate.

7. The Owner shall maintain all trees and plant material for a one-year period from the date of certification of the completion of the landscape development works. The Owner agrees to replace all trees and plant material failing to establish a healthy growth within the said period.

Financial Security

8. As security for the covenants of the Owner as contained in this Agreement, the Owner agrees, prior to February 29, 2000 to furnish the City with Financial Security in the form of a certified cheque, or an Irrevocable Letter of Credit in a form satisfactory to the Solicitor of the City, in the amount of $ to cover the landscape development works, as required by paragraph 5 of this Agreement within the prescribed period.

9. If the Financial Security required by Paragraph 8 is provided in the form of a certified cheque, the amount shall be deposited in an interest-bearing account or in the discretion of the Commissioner of Finance and Treasurer for the City of Toronto in some other form of interest-bearing instrument issued by a chartered bank, and all interest earned thereon will be credited and stand to the account of the Owner.

10. Any Letter of Credit furnished pursuant to this agreement shall be in favour of the City from any chartered bank in Canada for the amounts set out. The Letter of Credit shall be in such terms that the bank shall pay to the City, upon demand from the City's Commissioner of Finance and Treasurer, such sums as may be requested from time to time to the maximum limit of credit without recourse.

11. The Letter of Credit shall be valid for at least one year from the date of delivery and subject to automatic extension unless thirty (30) days prior to expiration written notice is given to the City that the Letter of Credit will not be extended. The Letter of Credit shall be in such form that it cannot be revoked unless authorized by the said Commissioner of Finance and Treasurer and cannot be transferred to any other account.

12. The City agrees to reduce from time to time the amounts received as Financial Security referred to in Paragraph 10 herein by an amount equal to eighty percent (80%) of the value of the works completed to the satisfaction of the Commissioner of Development Services for the York Civic Service Centre in the case of landscape development works, upon receipt and acceptance by the Commissioner of a statutory declaration that all amounts relative to the installation of the completed works have been paid, and provided that the City has not received any notice of claim or lien under the Construction Lien Act or any similar document. Upon expiration of all guaranteed maintenance periods provided for herein the remaining twenty percent (20%) of the Financial Security to guarantee the respective works shall be released provided that the works have been completed to the satisfaction of the respective Commissioner, that the deficiencies identified during the guaranteed maintenance period have been corrected to the satisfaction of the Commissioner of Development Services, and upon receipt and acceptance by the Commissioner of a statutory declaration that all amounts relative to the installation of the completed works and correction of any deficiencies have been paid.

13. It is understood and agreed that if the Owner should fail to provide or to complete to the satisfaction of the City any of the items referred to in this Agreement within the time limit therein stipulated, then the City may at its discretion and on not less than 14 days prior notice to the Owner, specifying with reasonable particularity the nature of such default, use all or any part of the said financial securities to rectify such default and/or to satisfy any outstanding lien claims or other remedial measures considered advisable by the City.

Insurance

14. The Owner agree to indemnify and save the City harmless against all loss, injury or damage or claims for loss, injury or damage in connection with work done by or on behalf of the Owner. The Owner shall obtain public liability insurance with an insurance company satisfactory to the City. Such policy or policies shall be issued in the joint name of the Owner and the City and shall be deposited with the City prior to the commencement of any work on the Site and remain in the custody of the City during the life of this agreement. The policy shall be to the satisfaction of the City Solicitor. The minimum limit of such policy shall be $2,000,000.00 per occurrence. The policy shall be effective for an initial period of one year, shall be maintained in force until the expiration of the guarantee and maintenance periods set out in paragraph 9, herein and shall contain no exclusion for blasting. Premiums on such policies shall be paid by the Owners for at least one year from the date on which the policy is deposited with the City and all such policies shall contain a provision that they will not be cancelled except on thirty days written notice to the City. The issuance of such a policy of insurance shall not be construed as relieving the Owners from the responsibility for other larger claims, if any, for which it may be held responsible. The Owner shall prove to the satisfaction of the City, if required, that all premiums on such policy or policies have been paid and that the insurance is in full force and effect and in any event the Owners shall file a renewal certificate with the City not later than one month before the expiry date of any policy provided pursuant to this agreement. In the event that such renewal certificate is not received, the City shall be entitled to either renew the policy at the expense of the Owner or order that all work on the lands within the plan cease until the policy is renewed.

Failure to Complete Work

15. In the event that the Owner fails to provide to the satisfaction of the City the various works and improvements referred to in this Agreement, then the City may on fourteen (14) days written notice to the Owner specifying with reasonable particularity the nature of such default and requiring same to be remedied, enter on the site and effect the improvements required by this Agreement and deduct the cost of such improvements from the Financial Security provided under this Agreement and in the event that the said Financial Security is insufficient to reimburse the City for its labour, material and overhead costs in completing the works under this Agreement, then the Owner shall pay to the City such excess costs forthwith upon demand and the provisions of Section 326 of the Municipal Act, R.S.O. 1990, Chapter M.45 shall apply.

16. The Owner hereby irrevocably authorizes the City, its servants, agents and contractors, to enter on the site with all necessary equipment and material to complete the said improvements. The Owner hereby covenants and agrees to always indemnify and save harmless the City and keep it indemnified against all actions, suits, claims and demands which may be brought against the City or made upon the City and arising out of the City, its servants, agents and contractors entering on the site to complete the said improvements.

Minor Variations

17. Upon the application of the Owner and without obtaining the prior approval of the Council of the City, minor variations from the requirements of this Agreement including the plans and drawings listed in Schedule "B" hereto may be consented to by the Commissioner of Development Services for the York Civic Service Centre, provided that, in the opinion of the said Commissioner, the general intent and purpose of the Agreement is maintained.

Expiry of Agreement

18. If the Zoning By-law amendment referred to in the recitals is not passed by City Council or is not in full force and effect, with or without amendments, following the outcome of any appeal to the Ontario Municipal Board of the By-law amendment, this agreement shall become null and void and the financial securities shall be returned to the Owner.

Address for Service

19. Any notice given by the City to the Owner pursuant to this Agreement will be sufficiently given if sent by prepaid first class mail addressed to the Owners at the address shown on the assessment rolls of the City for the Owner or on any application for building permit, in which case the notice will conclusively be deemed to have been received on the third business day following mailing.

Registration of Agreement

20. The Owner hereby consents to the registration of this Agreement on the title of the Site. The Owner agrees to pay to the City One Hundred Dollars ($100.00) for the cost of registering the Agreement.

Binding Agreement

21. This Agreement shall be binding upon the parties hereto and their respective successors and assigns.

General Provisions

22. Except where otherwise noted, wherever in this agreement the word "Owner" and the pronoun "it" is used, they shall be read and construed as "Owner or Owners" and "his, her or their", respectively, as the number and gender may require and the number of the verb agreeing therewith shall be construed accordingly.

23. Where any provision of this Agreement makes reference to a particular City Official, and that City Official is unable to for whatever reason to exercise the function or functions under this Agreement, Council for the City may exercise the function or functions directly or may by resolution delegate the function or functions to another City Official.

24. Schedule "A" attached hereto shall form part of this Agreement.

IN WITNESS WHEREOF the Party of the First Part has hereunto affixed its corporate seal, attested by the hands of its duly authorized officers.

SIGNED, SEALED and DELIVERED

in the presence of:

TERESA CIECIARA AND JOSEPH STEPIEN.

Signature

Name

Title

I have authority to bind the corporation.

SCHEDULE "A"

Last Revision Date or Date

Received by Development

Plan No. Plan Type Prepared by Date prepared Services Department

1 of 2 Floor Plans VELHO December 1999 December 14, 1999

& Site Plan Designs

ATTACHMENT 5

DRAFT ZONING BY-LAW

Authority : York Community Council Report No.____ Clause___,

As adopted by Council on______, 2000

Enacted by Council:

CITY OF TORONTO

BY-LAW No.

To amend former City of York By-law No.1-83

Re: 4 Venn Crescent and 2409 Eglinton Avenue West

WHEREAS authority is given to Council by Section 34 of the Planning Act, R.S.O. 1990, c.P. 13, as amended, to pass this By-law, and whereas Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act.

The Council of the City of Toronto HEREBY ENACTS as follows:

1. That Section 16 of By-law No. 1-83, as amended, of the former City of York, be further amended by amending the last clause of Subsection (222), to include the words "and Subsection (396)" so that the clause reads as follows:

" provided that this Subsection shall not apply to the lands described in Subsection (223), Subsection (344) and Subsection (396) of this section."

2. That Section 16 of By-law No. 1-83, as amended, of the former City of York, be further amended by adding a new Subsection (396) as follows:

"(396) LANDS - 4 Venn Crescent and 2409 Eglinton Avenue West

Notwithstanding any provisions of this By-law, the lands municipally known as 4 Venn Crescent and 2409 Eglinton Avenue West, more particularly described in Schedule "A" and zoned LCR, shall not be used for the following uses, a Retirement Lodge; a Nursing Home; a Theatre; or a Public garage, and shall comply with the provisions of Section 11.3, save and except for Section 11.3.1 (3), and with the following provisions:

(a) parking for commercial uses shall be provided and restricted to the north half of the lands; and,

(b) access to parking for commercial uses shall be restricted solely to Eglinton Avenue West.

3. All other provisions of this By-law shall continue to apply except in the case where provisions of this Subsection are in conflict in which case the provisions of this Subsection shall prevail.

4. Subject to the provisions of Section 34 of the Planning Act, R.S.O. 1990, c.P. 13, this By-law shall come into force and effect on the date of the passing.

ENACTED AND PASSED this day of A.D. 2000.

________________________ _______________________

MAYOR CLERK

SCHEDULE "A" TO BY-LAW No._______

AND TO SECTION 16(396)

LEGAL DESCRIPTION TO FOLLOW

The York Community Council also submits the following communication (December 28, 1999) from Mr. Russ Brown, 416 Gilbert Avenue:

I am the previous owner of this property which was used as 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 West.

Accordingly, I have no objection.

The following persons appeared before the Community Council in connection with the foregoing matter:

Mr. Joseph Stepien, owner - expressed support for the proposal.

Ms. Laureen Ellis, 34 Venn Crescent - also indicated support for the proposed mixed use development.