Chair and Members of Committee of Adjustment Toronto and East York Panel. A0596/16TEY Yonge St New 5 Storey Non-residential Building

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1 Armando Barbini Planning and Permit Services Inc Armando Barbini 30 Brixham Terrace Toronto, On, M3M 2S1 (647) To: From: Chair and Members of Committee of Adjustment Toronto and East York Panel Armando Barbini MCIP, RPP Date: October 13, 2016 Application References: A0596/16TEY Yonge St New 5 Storey Non-residential Building 1.0 Proposal It is proposed to construct a new 5 storey non-residential building with retail on the ground and second floors and offices on the 3 rd, 4 th and 5 th floors. Variances to the by-law are requested with respect to non residential gross floor are (NRGFA) / floor space index (FSI), building height, parking, setback and first floor ceiling height. 2.0 The Property The property is located on the south-west corner of Yonge St and Birch Ave. has a frontage of 7.6m along Yonge St, a flankage of 14.58m along Birch Ave, an area of 146m 2 and is currently vacant. Directly adjacent to the south of the property is the Canadian Pacific Rail line and to the rear (west) is a Hydro transformer substation. There is a grade separation of approximately 3m from the Yonge St sidewalk to the rear (west) of the property. There currently exists a retaining wall inside the property adjacent to the Yonge St frontage. 3.0 Background / The Process This property is subject to a previous minor variance application whereby in 1998 the Committee of Adjustment approved the construction of a 4 storey non-residential building. Under that application variances were approved with respect to a density of 3.35 times the lot area, a height of 13.9m and a non-residential gross floor area for a personal grooming shop of 365 m 2 whereas 100m 2 was permitted (see decision attached Appendix #1). The building was never constructed and the current proposal has been submitted by a new proponent.

2 The proponent of this application originally met with the area planner to discuss the merits of a 6 storey non-residential building. The planner recommended that the 6 th floor be eliminated as the 45% angular plane from the Yonge St frontage was being penetrated. The plans were revised to reflect a 5 storey building (current proposal) which eliminate the 45% angular plane variance and reduced the density, height and parking deficiencies originally proposed. A site plan approval application was submitted earlier this year and the first round of comments have been received. 4.0 Planning Opinion After a review of the City s official plan, zoning by-law and other planning documents, I have concluded that this proposal meets the 4 tests set out in the Planning Act and represents good planning. This opinion is based on the following analysis. 4.1 Official Plan The property, is designated Mixed Use Areas in the City s Official Plan. The Official Plan envisions that a majority of the anticipated retail, office and service employment increases will occur within Mixed Use Areas. This proposal would add 550m 2 of non-residential floor area, which contributes to a balance of high quality commercial floor area. Many of the Mixed Use Area policies are being met by this proposal, including creating new jobs, massing buildings to reduce shadowing on adjacent neighbourhoods and framing the edges of streets as well as taking advantage of transit services. The official plan states that growth is to be steered to areas which are well served by transit, including rapid transit routes. The Summerhill subway entrance is steps away on the east side of Yonge St. making this area one where the official plan envisions growth to occur. The property is located within an Avenue at the southerly end of the Yonge St. Clair Secondary Plan. A number of the policies in the Yonge-St Clair Secondary Plan are being met by this proposal. The Secondary Plan states that in Mixed Use Areas new development will provide massing transition, meet the sunlight and step-back objectives of the Plan, provide the same architectural quality and detail on the rear as the front facades and place entrances on Yonge St at the level of the sidewalk. This development meets all those criteria. The Plan further states that, in this section of Yonge St, developments in excess of the height limits will be considered on the basis of design requirements and intent of this Secondary Plan and impacts on the pedestrian environment and the adjacent residential area. In this case the design of the building meets the design requirements (including the mid-rise design guidelines), with slight modifications due to the size of the existing lot. The impacts to the pedestrian environment is being affected in a positive manner with the introduction of a building directly beside the railway underpass and with some limited commercial activity adding animation and lighting occurring in front of the property. The impacts on the adjacent residential neighbourhood will be minimal as this property does not directly abut residential properties Yonge St Planning Rationale Page 2

3 The Secondary Plan goes on to indicate that this area is regarded as a transition area where office uses will be encouraged, and limited service retail uses will be permitted provided that such uses do not, by reason of odour, noise, or other nuisance factors, adversely affect the amenity of neighbouring properties. In reviewing this policy, the intent is to permit office uses and so long as the service retail uses do not adversely affect the neighbouring properties, they too would be a use envisioned in the Official Plan. The uses proposed by the applicant will meet the intent and purpose of the Secondary Plan. This proposal is in conformity with many of the various development policies in the City s Official Plan. 4.2 Zoning By-law This property is designated CR T2.0 C2.0 R1.05 with a height limit of 12m under by-law and CR 2.0 (c2.0; r1.0) SS2 (x2428) with a height limit of 12m under by-law The deficiencies to zoning by-law are with respect to non residential gross floor are (NRGFA) / floor space index (FSI), building height, parking, setback and first floor ceiling height Non-residential Gross Floor Area (NRGFA) / Floor Space Index (FSI) The proposed FSI of 3.8 times the lot area represents an increase of 0.45 (65.7m 2 ) beyond the previously approved 4 storey building for this site. The NRGFA represents a slightly larger number than the FSI (0.8 time the lot area) due to the manner in which the by-law defines the calculation of NRGFA/FSI in the 2 by-laws. Due to the shape and overall floorplate of the building, complying with the Ontario Building Code requirements to have 2 means of egress from the upper floors to the outside, results in the usable or leasable floor plate being reduced substantially Building Height The building height variance under by-law is 19.35m in lieu of the permitted 12m while under by-law the building height id 20.09m. Roof top mechanical rooms are exempt from the calculation of overall height subject to several qualifications. The proposed roof top mechanical room is of a normal size, but due to the shape and floorplate of the proposed building, it doesn t meet all the qualifications and therefore has to be included in the height calculation. The height of the building to the roof level is 16.65m under by-law The mechanical room is setback as far back from Yonge St and Birch Ave as possible (7.5m and 5.4mmrespectively) thus mitigating the impacts of the height attributed to the mechanical room. It is noted that the properties on the east and west sides of Yonge St just north of this property have a height limitation of 16m. The proposed height increase on this lot is not excessive, not out of character for the area and meets the general intent of the by-law First Storey Height By-law requires the height of the first storey between the floor and ceiling to be 4.5m. The building designs calls for a 4.5m height between the floor levels of the first and second storeys along the Yonge St resulting in a deficiency of 0.3m. As a result of the grade rising towards the west, the secondary lobby entrance along Birch Ave, will has a floor to ceiling height of 3.2m. As a result of the physical constraints of the property and 1190 Yonge St Planning Rationale Page 3

4 the 45-degree angular plane restrictions along the Yonge St frontage, it is not possible to comply with this provision. The general intent and purpose of the by-law are being maintained Parking Under by-law a total of 6 parking spaces are required while under by-law spaces area required. Due to the site constraints, no parking can be provided for this site. A parking demand study dated June 17, 2016 has been prepared by Nextrans Consulting concludes that it is our opinion that the provision of no on-site parking supply is supportable for the proposed commercial development given the excellent transit service, coupled with the pedestrian-oriented neighbourhood, as well as the existing public accessible parking lots. The report goes on to identify the proposed on-site provision 22 bicycle parking spaces which is 10 greater than the minimum required under the by-law. (See Appendix #2) Rear Yard Setback By-law requires a rear yard setback of 7.5m, while under by-law there is no rear yard setback required. In this instance, as was the case under the originally approved development, the rear yard setback is 0.071m. Located directly to the rear is the Hydro transformer substation and the nearest building to the proposed 5 storey building is 30m (15 Birch Ave) Retail and Office Uses This area is subject to a restrictive exemption by-law [12(2) 260] which places some restrictions to the uses normally permitted in CR zones. When reviewing the map associated with this area by-law (see Appendix #3), the subject property is adjacent to the south of area C which permits a full range of commercial uses including retail and office uses with no added restrictions. The area which the subject property is found ( F ) is mapped together with properties which front onto Birch Ave. The subject property has frontage onto Yonge St similar to other properties within area C which also have flankage onto a street with residential uses (Birch Ave, Alcorn Ave, Walker Ave Woodlawn Ave and Farnham Ave). Given the properties Yonge St frontage and the permitted uses of other properties on Yonge St, this requested variance will be in keeping with the intent of the zoning by-law. The requested variances meet the general intent and purpose of the by-law. 4.3 Minor The property is in a location which does not have buildings directly adjacent to it and the proposed non-residential building has been designed in a manner which is very sensitive to the neighbourhood. A sun / shadow study has been prepared which illustrates that no adverse shadowing impacts on neighbouring properties will occur. Appendix#4 are illustrations of the shadowing during March 21 at 9:18am, 11:18am, 1:18pm and 3:18pm. The parking demand study supports the parking deficiencies requested and given the alternative modes of transport in the area such as subway and other transit as well as bicycle parking together with the public parking lots in the area, the shortfall in parking will not create adverse impacts. The requested variances can be considered minor in nature Yonge St Planning Rationale Page 4

5 4.4 Appropriate and Desirable Development The proposed development will introduce additional non-residential floor area in a mixed use area providing additional employment opportunities. The development proposes a solution to the existing site restrictions related to parking and will encourage alternative modes of transportation. The redevelopment is considered appropriate and desirable for the development of the property. 5.0 Conclusion The proposed expansion of the existing non-residential building is in keeping with the City s policies, objectives and development criteria. The requested variances meet the 4 tests set out in the Planning Act and represents good planning. Armando Barbini MCIP, RPP 1190 Yonge St Planning Rationale Page 5

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10 A Division of NextEng Consulting Group Inc. June 17, 2016 Mr. Theo Kelaiditis, OAA, MRAIC, LEED AP Detail Architect Inc. 69 Binswood Avenue Toronto ON, M4C 3N8 Re: Parking Study 1190 Yonge Street, Toronto Our Project No. NT NexTrans Engineering was retained by Detail Architect Inc. to undertake a Parking Study for a Minor Variance application. The site is located in the south-west quadrant of the Yonge Street and Birch Avenue intersection, municipally known as 1190 Yonge Street in the City of Toronto. Based on the site plan prepared by Detail Architect Inc., dated June 8, 2016, the proposed commercial building consists of m² (1,453.4 ft²) of ground floor retail space and m² (6,154.1 ft²) of office floor area. Due to a small footprint of the subject site, it is determined that providing on-site parking spaces are unpractical, thus, the proposed site plan does not include on-site parking accommodation. The proposed site plan is shown in Figure 1.

11 Parking Study Figure 1 Proposed Site Plan The City current Zoning By-law No was reviewed, the site falls under Policy Area 3 and the associated parking rates for the proposed commercial development are: Retail no parking required if the total retail GFA is less than 200 m² Office 1.00 spaces per 100 m² Based on the above noted parking rates, the parking requirement for the proposed development is 6 parking spaces. Detailed calculations are provided in Table 1. Table 1 Vehicle Parking Requirements Land Use GFA Source Parking Rates Parking Requirement Retail m² ZBL No Office m² space per 100 m² 6 Total 6 The proposed development is situated in a transit supportive neighbourhood and it is located within steps from Summerhill Subway Station. The transit routes currently servicing the immediate area are illustrated in Figure 2. NT June 2016 / Page 2 of 4

12 Parking Study Figure 2 Existing Transit Routes In addition, there are existing public parking lots located within comfortable walking distance from the subject site. These lots are managed and operate by the Toronto Parking Authority ( Green P ) and offers overnight and all-day parking. They are shown in Figure 3 Figure 3 Existing Public Parking Facilities and Transit Services Given the supporting information contained in this letter, it is our opinion that the provision of no on-site parking supply is supportable for the proposed commercial development given the excellent transit service, coupled with the pedestrian-oriented neighbourhood, as well as the existing public accessible parking lots. NT June 2016 / Page 3 of 4

13 Parking Study The site is located within Bicycle Zone 1 of the City of Toronto Zoning By-law , and the applicable bicycle parking rates are provided in Table 2. Table 2 Bicycle Parking Requirements Land Use GFA Short Term Long Term Rates Spaces Rates Spaces Retail m² 3, plus 0.3 bicycle parking 0.2 bicycle parking 4 spaces for each 100 m² spaces for each 100 m² 1 Office m² 3, plus 0.2 bicycle parking 0.2 bicycle parking 5 spaces for each 100 m² spaces for each 100 m² 2 Total Short Term 9 spaces Long Term 3 spaces The proposed development will require 12 bicycle parking spaces, including 9 short-term spaces and 3 long-term spaces. The site proposes a total of 22 bicycle parking spaces (4 located on the surface and 18 located on the lower level), of which satisfies the bicycle parking requirements outlined in the Zoning By-law. We trust the enclosed sufficiently addresses your needs. Should you have any questions, please do not hesitate to contact the undersigned. Yours truly, NEXTRANS ENGINEERING Richard Pernicky, CET, MITE Principal NT June 2016 / Page 4 of 4

14 Appendix #3 Area C Lands with no restrictions on office or retail uses Area F With more restrictive use permissions

15 Appendix #4 Sun / Shadow Illustrations March Yonge St