CITY CLERK. Consolidated Clause in North York Community Council Report 8, which was considered by City Council on October 26, 27 and 28, 2004.

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1 CITY CLERK Consolidated Clause in Report 8, which was considered by City Council on October 26, 27 and 28, Request for Direction Report - Site Plan Approval Application NNY 24 SA - Marek Dzikowski, Dzikowski Architects Inc Leslie Street (Ward 24 - Willowdale) City Council on October 26, 27 and 28, 2004, amended this Clause by adding the following: That: (1) City Council instruct City Planning staff to again request the applicant to submit a revised site plan showing the drive-through lane exiting to the north; and (2) if the applicant does not comply with the above-noted request, that: (a) (b) the Ontario Municipal Board be advised that City Council does not support the drive-through at this location; and the City Solicitor appear before the Ontario Municipal Board in opposition to the site plan, and that authority be granted for the retention of an outside planning consultant, if required. This Clause, as amended, was adopted by City Council. Council also considered additional material, which is noted at the end of this Clause. The recommends that City Council adopt the staff recommendations in the Recommendations Section of the report (October 5, 2004) from the Director, Community Planning, North District, Urban Development Services. Action Taken by the Committee: The requested the Director, Community Planning, North District, Urban Development Services, to continue to negotiate with the applicant regarding the relocation of the driveway for the proposed drive through restaurant and report to City Council for its meeting on October 26, 27 and 28, 2004.

2 2 The submits the following report (October 5, 2004) from the Director, Community Planning, North District, Urban Development Services: Purpose: This report reviews and recommends that staff finalize a site plan application for a drive through restaurant on the property known as 5955 Leslie Street. This matter has been appealed to the Ontario Municipal Board, therefore, this report recommends that the City Solicitor be authorized to bring forward City Council s position on the application at the hearing. Financial Implications and Impact Statement: There are no financial implications resulting from the adoption of this report. Recommendations: It is recommended that: (1) Staff be directed to finalize the site plan details based on the site layout shown in the September 2004 submission in consultation with Works & Emergency Services; (2) The City Solicitor be directed to attend the Ontario Municipal Board hearing in support of a site plan approval based on the September submission; (3) The City Solicitor and appropriate City staff be authorized to take such actions as necessary to give affect to the above recommendations. Background: Proposal The applicant proposes to construct a new free standing restaurant with a drive through facility on an existing plaza site located at 5855 Leslie Street. The restaurant would replace an existing restaurant located on the property and have a gross floor area of approximately 251 m2. The applicant is also proposing landscaping improvements along the Leslie Street frontage south of the proposed restaurant and a landscaped walkway to the main plaza. Application History On December 13, 2003 the applicant submitted an application for Site Plan approval in order to construct a new restaurant with a drive through.

3 3 Further to the circulation of the application, a number of concerns and issues were raised by Works and Emergency Services (WES) and Community Planning staff. The concerns focused on the layout of the plan in particular site traffic circulation, pedestrian access to the proposed restaurant and existing plaza from Leslie Street, location of new parking spaces and landscaping. Numerous discussions were held with the applicant, WES and Planning staff to discuss layout options with the objective of addressing many of the concerns. Many of the options explored included relocating the restaurant and drive through further south on the property and further west adjacent to Leslie Street. The options also included eliminating parking spaces adjacent to the south and west side of the restaurant, relocating the drive through egress to the north of the site via the gas station site, improving pedestrian access to the restaurant and the existing plaza, increasing the landscaping on the proposed site as well as the existing property and the inclusion of safety measures such as raised walkways over driveways and clear pedestrian access routes to the plaza from Leslie Street. On May 11, 2004 the applicant appealed to the Ontario Municipal Board pursuant to Section 41(12) of the Planning Act on the basis that the site plan was not approved within 30 days. After considering a number of design options and possible alternative locations of the restaurant on the site, in May 2004 a revised draft site layout was presented. The proposed layout addressed the major concerns of the Departments. The plans were circulated, at which time WES and Planning staff provided further detailed comments dealing with the treatment of the pedestrian walkways, traffic circulation, landscaping and the enhancement of the building s elevations. By notice dated September 3, 2004, the Ontario Municipal Board appointed a hearing dated for November 22, This report seeks Council direction. On September 28, 2004 the applicant submitted a revised site plan application. Site Description The site is located on the east side of Leslie Street north of Finch Avenue East. The lands contain a number of retail outlets (Pickle Barrel Plaza) on the east side, a gas station on the north side and an unoccupied freestanding restaurant in the centre. The area of the site is approximately 25,600m2. The existing restaurant will be demolished. Abutting Uses: North: East: South: West: Gas station (on property) and Dexter Boulevard Existing Plaza (on property) Parking lot for Plaza and Public Library Cummer Park Fitness Centre across Leslie Street, Public School

4 4 Comments: On September 28, 2004 a revised site plan, elevations drawings and landscaping plan were submitted for approval based on the revised layout and comments from City staff. The plans were circulated to WES and Community Planning staff for comment. The revised plan incorporates the removal of the parking area on the west side of the building to allow for more landscaping, a more dominant and accessible landscaped pedestrian walkway to the plaza from Leslie Street, increased and improved landscaping along the drive through and along the existing Leslie Street boulevard to the south, the use of signage and pavement markings to direct access and egress of traffic, increased safety measures on the pedestrian walkways including safety rails, marked pavement crossings and wider walking areas. The site plan submitted addresses the majority of staff concerns, however, there are minor issues which still need to be addressed. These include alterations to the elevations (including the provision of overhangs) and landscaping (ie. additional trees and fencing). Further detailed plans will need to be submitted for final approval. Conclusions: The site plan application was appealed to the Ontario Municipal Board on the basis that the municipality failed to approve the plans within 30 days. Since the appeal the applicant has submitted revised plans addressing concerns of staff. Subject to certain site plan details being satisfactorily addressed, staff are satisfied that the revised site plan layout is acceptable. This report evaluates the proposal and recommends that it be approved once all details have been finalized. Contact Ellen Standret, Planner Ph: (416) ; Fax: (416) ; estandre@toronto.ca List of Attachments: 1 Site and Landscape Plan 2 Elevations (Attachments referred to in the foregoing report were forwarded to all Members of the North York Community Council with the agenda for its meeting on October 12, 2004; and copies are on file in the office of the City Clerk, North York Civic Centre). City Council October 26, 27 and 28, 2004 Council also considered the following report (October 26, 2004) from the Commissioner of Urban Development Services:

5 5 Subject: Report for Information Site Plan Approval Application NNY 24 SA Applicant/Architect: Marek Dzikowski Leslie Street Ward 24 - Willowdale Purpose: This report provides further information as requested by, Report 8, Clause 28. Financial Implications and Impact Statement: There are no financial implications resulting from the adoption of this report. Recommendation: It is recommended that City Council receive this report for information. Background: Proposal The applicant proposes to construct a new free-standing restaurant with a drive through facility on an existing plaza site located at 5855 Leslie Street. The restaurant would replace an existing restaurant located on the property and have a gross floor area of approximately 251 m2. The applicant is also proposing landscaping improvements along the Leslie Street frontage south of the proposed restaurant and a landscaped walkway to the main plaza. Site Description The site is located on the east side of Leslie Street north of Finch Avenue East. The lands contain a number of retail outlets (Pickle Barrel Plaza) on the east side, a gas station on the north side and an unoccupied freestanding restaurant in the centre. The area of the site is approximately 25,600 m2. The existing restaurant will be demolished. Background On October 12, 2004, adopted the staff recommendations in the report (October 5, 2004) from the Director, Community Planning, North District, Urban Development Services. The Planning staff report recommended that the details of the site plan

6 6 attached to the report be finalized in consultation with Works & Emergency Services. The Community Council also requested the Director, to continue to negotiate with the applicant regarding the relocation of the driveway for the proposed drive through restaurant and report to City Council for its meeting on October 26, 27 and 28, This report is being submitted in response to this request. Comments: In December 2003, the applicant submitted a site plan for a restaurant with a drive through facility. The drive through was located in the front of the restaurant adjacent to the public sidewalk. Numerous concerns were raised by staff, in particular, the location of the drive through and pedestrian access to the proposed restaurant. Given staff do not generally support drive throughs located between the building and the public sidewalk, numerous meetings were held with the applicant to discuss a number of alternatives which did not have the drive through in the front. Alternatives included designs on this site and in other locations in the plaza. The applicant did not find any of the alternatives acceptable. Although the plan in the October 5, 2004 report (Attachment 1) maintained the drive through in the front, staff felt that through the use of enhanced landscaping and the provision of safety measures for pedestrians, the plan is acceptable. As directed by, Planning staff, the applicant and the Ward Councillor met on October 19, 2004, to discuss relocating the driveway. Staff again discussed site plan options which would eliminate the drive through from the front of the restaurant. Plannng staff presented a plan which would have the drive through exit to the north via the gas station. This would allow for an enhanced landscaped area on the lands fronting onto Leslie Street. While this alternative is preferred by staff, it was rejected by the applicant due to limitations under the gas stations s property lease agreement. At the meeting with the applicant discussions also included the enhancement of the plan discussed in the Directions Report of October 5, Elevations of the building will be amended to include the provision overhangs on the south and west side for weather protection for pedestrians, the façades of the restaurant will be elevated and re-designed to create a better architectural element and the west side of the building will be redesigned to provide a better pedestrian friendly entrance and exit point. In addition, the walkway to the plaza will have additional landscaping elements consisting of lighting along the walkway and the addition of more trees and shrubs and the straightening of the walkway at the rear to allow for direct access to the plaza. Elements were also added addressing the need for the safety of the pedestrians circulating on the site. These include safety railings being provided along the driveway to avoid pedestrians crossing in unmarked areas, alternative paving stones being used on the driveway alerting drivers to be cautious and pedestrian driveway crossings being clearly marked alerting drivers of possible pedestrians.

7 7 Conclusions: Planning staff has examined a number of options with the applicant in order to relocate the driveway away from the front of the restaurant. Each option discussed was not acceptable to the applicant due to constraints and restrictions on the site. The site plan with the drive through in the front is an option which is not restricted by the site. Given that the Zoning By-law permits a drive through facility on the site, the site plan with its enhanced landscaping, walkways and safety elements is an acceptable plan in this instance. Contact: Ellen Standret, Planner Ph: (416) ; estandre@toronto.ca Attachment: 1 Site and Landscaping Plan presented in October 5, 2004 Directions Report

8 8 Attachment 1 Site and Landscaping Plan

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