May 27, 1998

 To:Chairman and Members

Etobicoke Community Council

 From:Karen V, Bricker, MCIP

Commissioner of Urban Development

 Subject:Public Meeting - Scarlett Gate Developments

542 Scarlett Road

 File No: Z-2262 (Kingsway-Humber)

  Purpose:

 To review a proposal to amend the Zoning Code with respect to the property located on the west side of Scarlett Road, north of La Rose Avenue from Limited Commercial (CL) to Fourth Density Residential Group Area (R4G) to permit the development of 12 freehold townhouses.

 Funding Sources, Financial Implications and Impact Statement:

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

 Recommendation:

 It is recommended that the application by Scarlett Gate Developments be the subject of a Public Meeting to obtain the views of interested parties and, if approved, that the conditions outlined in this report be

fulfilled.

 Background:

 In 1964, By-law No. 14,583 was passed which rezoned the property from Second Density Residential (R2) to Limited Commercial (CL) which limited development to a neighborhood gasoline service station. The site was most recently occupied by a Petro Canada Station which was demolished in October, 1992. The site is vacant.

In December, 1997, an application was submitted by Scarlett Gate Developments for the development of 14 townhouse units. In an attempt to address the concerns of staff, the applicant has submitted numerous revised plans. In May, 1998, a revised plan for 12 townhouse units was submitted to the City for review. These plans are the subject of this report.

 Site Description and Surrounding Uses:

 The rectangular site is located on the west side of Scarlett Road, north of La Rose Avenue (Exhibit No. 1). The grade of the site rises approximately 5.5 m (18.0 ft) from the street, up towards the rear property line. The rear yard of the residential properties backing onto the site are supported by a gabion retaining wall.

 Surrounding lands to the north, south, east and west are zoned Second Density Residential (R2) and are all occupied by single detached dwellings, with the exception of the lands adjacent to the westerly portion of the northerly lot line, which are vacant. The property situated at the northwest corner of Scarlett Road and La Rose Avenue is zoned Sixth Density Residential (R6) and is occupied by a 13 storey apartment building (Exhibit No. 1).

 Proposal:

 Scarlett Gate Developments has requested a rezoning from Limited Commercial (CL) to Fourth Density Residential Group Area (R4G) to permit the development of 12 condominium townhouse units with a single level underground garage.

 The project would consist of three townhouse blocks. Block >A=, containing five units, would be oriented towards Scarlett Road. Blocks >B= and >C=, containing four and three units, respectively, would be situated towards the rear of the property. Vehicular access to the site would be provided via a single driveway from Scarlett Road at the north portion of the frontage. The driveway would lead directly into the underground garage, for access to parking areas. A service area and visitor parking for two cars would be provided at-grade to the south of the garage ramp and driveway. Walkways would provide pedestrian access to each of the units at-grade. The driveway and all walkways would be heated to reduce snow removal requirements (Exhibit No. 2).

 Each dwelling would be approximately 217 m² (2,340 sq. ft.) in size and contain three levels of living space plus a basement level. The basement of each unit would have access to two tandem parking spaces in the underground garage. Block >A= would be approximately 10.7 m (35 ft.) in height and Blocks >B= and >C= would be approximately 9.7 m (32.ft.) in height (Exhibit Nos. 3 and 4).

 The following is a summary of information relevant to this application:

 Official Plan:High Density Residential

Zoning:

ExistingLimited Commercial (CL) as amended by By-law No. 14,583

ProposedFourth Density Residential Group Area (R4G)

Site Area 0.25 ha (0.61 ac)

Units 12

Density 48 uph 19.4 upa

G.F.A.:2 608.6 m² 8,079.6 sq. ft. (excluding basement)

F.S.I. 1.0

Coverage 869.5 m² 9,359.5 sq.ft.34%

LOS1 344.0 m²14,467.1 sq.ft.53%

Paved Area 323.5 m² 3,482.2 sq.ft.13%

 Parking:

Required: owner: 23 spaces Provided:owner: 24 spaces

visitor: 5 spacesvisitor: 2 spaces

total: 28 spaces total: 26 spaces (shortfall 2 spaces)

  Comment:

 Official Plan:

 The site is designated High Density Residential in the Etobicoke Official Plan. This designation permits all housing types, including apartments and townhouses. Development is limited to a maximum density of 185 uph (75 upa) with a floor space index of 2.5. The proposal would result in a density of 48 uph (19.4 upa) and corresponding floor space index of 1.0. Staff have evaluated the application based on the criteria established for considering High Density Residential proposals, as contained in Section 4.2.19 of the Plan, and are of the opinion that the proposed use generally satisfies those criteria. A review of the Metropolitan Official Plan has not identified any City-wide issues.

 Zoning Code:

 The property is zoned Limited Commercial (CL), as amended by By-law No. 14,583, which limits use of the property to a neighbourhood gasoline service station only. In the event of approval, staff suggest that By-law No. 14,583 be repealed and that the site be rezoned to Fourth Density Residential Group Area (R4G) which would provide for the proposed townhouse dwelling type. Site specific development standards should be incorporated into the amending by-law to reflect the approved plans.

 Land Use and Site Design Considerations:

 The site is located in an area designated for High Density Residential development with direct access to Scarlett Road which has been identified as a Metropolitan Arterial Roadway in the Etobicoke Official Plan. Public transit is available on Scarlett Road. The Works Department has not identified any concerns with respect to the capacity of the local roadway system to support the development. The Health Department, Fire Department and Parks and Recreation Services have not identified any concerns with providing services to the project.

 Comments have not been received from the Toronto Public School Board or the Toronto Separate School Board.

 The three storey height of the proposed townhouses, up to a maximum of 10.7 m (35 ft.), would be only slightly greater than the maximum building height of 9.5 m (31 ft.) permitted for the adjacent single detached dwellings. In addition, the proposed minimum sideyard setback of 1.3 m (4.2 ft.) would be comparable with the 1.2 m (3.9 ft.) minimum sideyard setback required for detached dwellings. Block >A= would maintain a setback of 11.7 m (38.3 ft.) from Scarlett Road which would be in line with the street wall established by the adjacent detached dwellings. Blocks >B= and >C= would be situated at the rear of the property. In order to prevent the opportunity for views and overlook into the adjacent rear yards and to reduce the mass of the end walls, it is recommended that no windows be provided on the end wall elevations of the units and that hipped roofs be incorporated into the design of the project (Exhibit Nos. 3 and 4).

 The applicant is proposing internal walkways to provide at-grade pedestrian access to each of the units, allowing for approximately 53% of the site, including walkways and areas occupied by retaining walls, to be devoted to landscape open space. A children=s play area would be located adjacent to the northerly lot line, between the waste enclosure and the ramp to the underground garage.

 The units in Blocks >B= and >C= would be provided with a reduced rear yard of approximately 4.5 m (14.7 ft.) in depth, directly adjacent to retaining walls approximately 4.57 m (15.0 ft.) in height. In addition, a 1.8 m (6 ft.) privacy fence is located on the top of the retaining wall, along the rear yard of the abutting residential properties to the west, for a combined height of 6.4 m (21 ft.). Staff have anticipate that these areas would receive limited amounts of sunlight and have limited useability.

 The location of the children=s play area, adjacent to the northerly lot line, between the garbage room and the underground garage ramp, will be reviewed during the Site Plan Control process.

 A truck turn around and visitor parking area is proposed adjacent to Scarlett Road. This would result in over 50% of the site frontage being devoted to paved driveway, parking and service areas with no opportunity to screen service functions from the street. Pedestrian access to a number of the units in Block >A= would require individuals to cross the service/parking area. In addition, a 1.5 m (4.9 ft.) wide pedestrian walkway leading to Blocks >B= and >C= would be located directly adjacent the loading area and waste enclosure.

 The proposal for a townhouse development on the site is considered satisfactory from a land use perspective, however, staff have concerns that the limited size of the property in combination with the number of units proposed, would result in a less than desirable site layout with respect to walkway connections, private rear yard amenity space, suitable children=s play area and the location of parking and service areas.

 The applicant is aware of staff=s concerns and has submitted a number of revised plans in an attempt to address these outstanding issues. Further review of these elements will be undertaken as part of the Site Plan Approval process.

  Agency/Department Circulation:

 In response to the circulation of plan submitted in support of this application, no objections have been expressed by the following departments:

 Fire DepartmentToronto Hydro

Toronto Transit CommissionBell Canada

Health Department

  Comments from The Toronto Public School Board and The Toronto Separate School Board remain outstanding.

 The Transportation Planning Section of the Works Department has verbally advised that they are satisfied with the parking supply and driveway layout subject to compliance with City standards with respect to corner radii. It is anticipated that formal written comments would be made available at the time of the public hearing.

 The Development Engineering section of the Works Department has advised that the applicant would be required to address storm water management and may be subject to a cash-in-lieu contribution. The site plan as submitted does not contain sufficient grading information to evaluate the proposal adequately. In the event of approval, a separate grading plan is to be submitted indicating existing and proposed elevations, drainage patterns and facilities, deed restrictions to convey surface drainage, and major storm overflow facilities. All driveways and boulevard areas are to be reinstated in accordance with City standards . Access to waste management facilities as proposed is satisfactory. The applicant has submitted an environmental report for peer review to determine the suitability of the site for residential purposes (Exhibit No. 5).

 Parks and Recreation Services has advised that design details for the children=s play should be submitted for review. In the event that a satisfactory design can not be implemented, a contribution of $7,500.00 would be required to upgrade facilities in a local park. The applicant would also be subject to the payment of 5% cash-in-lieu of parkland, prior to the issuance of a building permit, and provide boulevard planting to the satisfaction of the Forestry Division (Exhibit No. 6).

 Given the limited number of units, Urban Development staff are of the opinion that the provision of an affordable housing component is not warranted.

 Tenure

 In April, 1998, the applicant advised that, given the proposed common elements and facilities, the project would be developed as a condominium. In recent discussions the applicant has expressed an interest in developing the project as a freehold development. Staff of the Urban Development and Works Departments continue to have concerns regarding the long term suitability of freehold developments utilizing common facilities such as roadways and underground services. In particular, the degree of common elements and services that would be involved in the development of the subject project, such as an underground garage, waste enclosure, heated driveway and walkways and a children=s play area, does not lend itself to the freehold style of ownership. Staff recommend that the proposal would more appropriately be dealt with under the provisions of the Condominium Act through the registration of a condominium corporation.

  Community Meeting

 On May 12, 1998, seven area residents attended a community meeting to review the proposed plans. Those in attendance supported the proposed townhouses. Concerns were raised following the meeting regarding the adequacy of school accommodation.

  Conclusions:

 It is the opinion of Urban Development staff that the application for townhouses would generally satisfy the Official Plan criteria for considering development in a High Density Residential designation. However, staff have concerns that the limited size of the property in combination with the number of townhouse units proposed would result in a less than desirable site design. Staff are of the opinion that a redesign of the project would be required to adequately address these issues which may result in a reduction in the number of units.

 However, in the event of approval the following conditions should apply:

  Conditions to Approval:

 1.Fulfilment of the following conditions prior to the enactment of an amending by-law:

 (i)Submission of revised plans indicating a redesign of the site layout and a reduced number of units to the satisfaction of the Staff Advisory Committee on Development Control.

(ii)Receipt of favourable comments from the Transportation Planning Section of the Works Department.

 (iii)Confirmation of the condominium tenure of the application.

 (iv)Confirmation from the Works Department that the environmental report submitted by the applicant is satisfactory.

 (v)Signing of a Development Agreement and the payment of the necessary fees associated with the preparation execution and registration of same, if required by the Works Department.

 2.The amending by-law shall repeal By-law No. 14,583 and rezone the lands from Limited Commercial (CL) to Fourth Density Residential Group Area (R4G) and shall provide development standards to include: floor space index, building height, setbacks, coverage, parking, landscaping, internal sidewalks and a maximum number of units.

 3.Further detailed consideration of the proposal under Site Plan Control to include inter alia:

 (i)Signing of a Site Control Agreement, which may include indemnity clauses, and payment of necessary fees associated with the preparation, execution and registration of same, to the satisfaction of the City Solicitor.

 (ii)Submission of a landscaping plan detailing fencing, curbing, grading, retaining walls, street trees, planting, and tree preservation methods for trees on abutting properties, to the satisfaction of the Staff Advisory Committee on Development Control, and posting of an appropriate financial guarantee to ensure compliance with the approved plans.

 (iii)Provision of on-site services, including storage of waste and recyclable materials, the provision of stormwater management facilities or cash-in-lieu payment, submission of a grading plan, the signing of agreements, and the posting of financial guarantees, if required by the Works Department.

 (iv)Confirmation that the site decommissioning and cleanup has been carried out to the satisfaction of the Works Department in accordance with Ministry of Environment and Energy guidelines, if required.

 (v)Submission of building elevations incorporating a hipped roof design and no windows on the exterior end walls.

 (vi)The developer to pay the prevailing development charges in effect at the time of issuance of building permits and five percent cash in lieu of parkland dedication.

 (vii)A construction site management plan to the satisfaction of the Staff Advisory Committee on Development Control.

 (viii)Details of garage illumination and security measures to the satisfaction of the Staff Advisory Committee on Development Control and the Toronto Police.

 (ix)Submission of design details for a children=s play area to the satisfaction of Parks and Recreation, or the payment of $7,500.00 to upgrade facilities in a local park, if required.

 (x)Confirmation that the site plan is satisfactory to the Transportation Planning Section of the Works Department.

Contact Name:

Jacquelyn DaleyTel: (416)394-8229

Planner, Development and DesignFax: (416)394-6063

Karen V. Bricker, MCIP

Commissioner of Urban Development