July 7, 1998
To: North York Community Council
From: Bryan Tuckey, Acting Commissioner of Planning
Subject: RECOMMENDATIONS REPORT
Zoning Amendment Application UDZ-98-04
Site Plan Application UDSP-98-015
Oxford Hills Developments (Horsham) Inc.
24, 26, 36, 38 and 44 Horsham Avenue
Lot 6 and Part of Lot 10, R.P. 2057
Ward 10 - North York Centre
Purpose:
The purpose of this report is to recommend the approval of the proposed development of
the properties at 24 to 44 Horsham Avenue. The applicant is seeking to amend the Zoning
By-law to permit a 16 unit 3 storey freehold townhouse development.
Recommendations:
It is recommended that the application be approved subject to the following:
(1)Staff be directed to do all things necessary to ensure that at the time of the enactment of
any zoning by-law, the following conditions have been satisfied:
(a)an implementing zoning by-law which generally complies with the draft by-law attached
as Schedule "F" to this report has been perfected,
(b)the Owner has paid to the City in cash or certified cheque, the Yonge Centre
Development Charges in accordance with Council policy as amended from time to time,
(c)a 6 metre strip of land at the west end of the site as shown on Schedule "C" has been
conveyed to the City free and clear of all encumbrances; all necessary easements as may be
required to provide access to the development site shall be granted to the satisfaction of the
City Solicitor until such time as the Uptown Service Road is constructed;
(d)the Owner has made arrangements satisfactory to the Economic Development Culture
and Tourism Department (Parks and Recreation Division) and Acting Commissioner of
Planning to fulfill the conditions as set out in Schedule "G";
(e)the Owner has acknowledged and agreed that prior to the issuance of any building
permit, the following condition will be required to have been met:
(i)that they shall pay to the City in cash or certified cheque, on or before building permit
issuance, the City-wide and Hydro Development Charges, the Sewer and Water Services
Development Charge, and the Sheppard Subway Development Charge, in accordance with
Council policy as amended from time to time.
(f)the Owner has submitted a letter of undertaking stating that the new townhouse lots will
not be conveyed until the zoning by-law is in force.
(2)Prior to enactment of the zoning by-law, the Acting Commissioner of Planning shall
have granted site plan approval with the conditions generally described in Appendix "B".
(3)At the appropriate time, a by-law releasing part lot control on the site shall be brought
forward.
(4)Prior to releasing part lot control on the site, the applicant shall have
(a)submitted a letter of undertaking stating that upon the sale or transfer of the last parcel of
land, the City will be advised in order that the part lot control exempting by-law may be
revoked.
(b)prepared a maintenance agreement for the common features of the development,
satisfactory to the City Solicitor, all of which will form part of the undertaking to the City.
Council Reference/Background/History:
1.0Proposal:
The application proposes an amendment to the zoning by-law and site plan approval to
permit the construction of a 16 unit, 3 storey freehold townhouse development. A statistical
breakdown of the proposal is set out below:
Site Statistics |
Site Area |
2,815 square metres (.28 ha) |
Total Gross Floor Area |
3,211.78 square metres |
Total Number of Residential Units |
16 |
Proposed Density |
1.1 FSI |
Parking Spaces |
21 plus 4 visitor spaces |
Building Height |
3 storeys |
2.0Location and Existing Site:
The site is located on the north side of Horsham Avenue just west of Canterbury Place and
has an area of 0.28 hectares. The lands comprise 5 residential lots with a single detached
dwelling on each lot.
On the abutting lands to the north fronting Hounslow Avenue is a townhouse development
of 15 units. To the west and south of this site are single detached dwellings. Directly east of
the site is a 2 storey children's aid facility and church. To the north-east at the corner of
Horsham Avenue and Yonge Street is a 22 storey apartment building and 4 storey stacked
townhouses.
3.0Planning Controls:
3.1Official Plan:
The site is located within the Uptown of the North York Centre. The site is designated
Uptown Residential 2 which permits residential uses at a maximum density of 2.6 FSI as
shown on Schedule "A". Commercial uses are not permitted. The proposal conforms with
the Official Plan and no Official Plan amendment is required.
3.2Zoning:
The site is zoned R4 (One Family Detached Dwelling Fourth Density Zone) which
generally permits single detached dwellings as shown on Schedule "B". The applicant has
requested a zoning change to RM1 exception to permit townhouses.3.3Site Plan:
The Site Plan approval proceeds concurrently with the rezoning process for the North York
Centre development applications. The applicant has submitted a Site Plan application and
has provided detailed drawings to enable evaluation of the application. The Acting
Commissioner of Planning is delegated authority to approve site plan drawings and
conditions of approval and is prepared to do so with Community Council consideration of
this report. Site plan considerations are outlined in Appendix "A" and the recommended
conditions of Site Plan approval are listed in Appendix "B".
Comments and/or Discussion and/or Justification:
4.0Other Department Comments:
This section summarizes significant comments received from the departments and agencies
to which the application was circulated.
The Economic Development Culture and Tourism Department (Parks and Recreation
Division) has indicated that the application is subject to an on site parkland dedication of
170 square metres. The Division is discussing with the applicant opportunities to acquire
off site land for parks in the area. In addition, the applicant will be required to execute a
Tree Preservation Agreement prior to the enactment of the by-law. The comments are
outlined in Schedule "G".
The Works and Emergency Services Department (Public Works) has indicated that this
application will form part of the sanitary sewer allocation upon enactment of the zoning
by-law. The applicant is to convey to the City lands for the future Uptown Service Road. A
number of Public Works conditions are discussed in Schedule "H". All conditions of
approval are being fulfilled through conditions of site plan approval.
The Works and Emergency Services Department (Transportation) has recommended a
parking mix of 21 resident parking spaces plus 4 visitor spaces. There are several
comments regarding site plan issues which are outlined in Schedule "I". All conditions of
approval are being fulfilled through the draft zoning by-law and conditions of site plan
approval.
The Public Health Department has advised that there are no outstanding Public Health
requirements pertaining to this site. Their comments are attached as Schedule "J".
The Toronto District School Board has advised that the anticipated students from the
proposed development can be accommodated at the elementary and secondary schools
serving this development, however they cannot be accommodated at Willowdale Middle
School and alternative accommodation arrangements will be required for those students.
Their comments are attached as Schedule "M".
The Toronto Catholic School Board has indicated that while the Board does not object to
the proposal, it has concern regarding the lack of permanent facilities and overcrowding at
the two secondary schools serving this development. Their comments are attached as
Schedule "N".
5.0Community Consultation:
A community consultation meeting was held on April 22, 1998 attended by approximately
45 people. The following is a summary of the key issues that arose from the meeting:
- Need for visitor parking spaces on the site to alleviate concerns of on-street parking.
- Safety concerns relating to the Horsham/Canterbury intersection due to the speed of cars
as well as the unusual road configuration.
- Impacts during construction - work hours and truck parking.
- How to ensure maintenance and upkeep of common areas.
- Construction of the Service Road is uncertain.
- Provide for a well articulated building.
- Ensure that houses to the west do not need to change their street address due to the
proposed infill development.
A further meeting was held with residents, planning and transportation staff on June 4,
1998 to address the above concerns. Key questions that were addressed at that meeting, in
addition to those expressed previously, were:
- There was a consensus among the residents that 25 parking spaces should be provided
of which 6 would be for visitors.
- The City should examine intersection improvements at Horsham Avenue and
Canterbury Place in order to address safety concerns.
- The location of truck parking during construction should be determined.
This report discusses ways in which the overall supply of parking has been increased to
meet these community concerns. In addition, the Works and Emergency Services
(Transportation and Public Works staff) are in the process of preparing a report on the
improvement of the Horsham and Canterbury intersection as a local road improvement.
Also arising out of the community meeting, the owner of 50 Horsham Avenue and the
applicant have entered into discussions with respect to the fencing of this property during
the construction period and until such time as their property is acquired for construction of
the service road. Conditions of site plan approval have addressed the requirements for 1.8m
construction fencing and the applicant and the property owner are discussing more
permanent fencing options that may be desirable.
The question of the implementation of the Uptown Service Road was raised at this
community meeting and also at the June 14, 1998 meeting of Community Council during
its consideration of UDZ 96 30 (Harry Snoek). At that meeting, Community Council
directed that staff bring forward a plan for the service road. This report is scheduled for the
July 22, 1998 Community Council agenda.
6.0Planning Issues:
6.1Land Use:
The proposed townhouses are in keeping with the permitted uses of the Official Plan
designation on the site.
6.2Density:
The maximum permitted density on the site is 2.6 FSI. The proposed development is at a
density of 1.1 FSI.
6.3Site Context:
The Official Plan permits a maximum height equal to 70% of the distance from the
Relevant Residential Property Line (RRPL) for the east half of the site, and equal to 50%
of the distance from the RRPL for the west half of the site. The proposal for 3 storey
townhouses represents a lower height than the maximum permitted under the Official Plan
and would have a similar height to the existing townhouses on the abutting lands to the
north (Schedule "E"). The proposed townhouses complement the existing development to
the north with the townhouse units located along the front and garages and a driveway
along the rear of the property. Final site plan drawings will also coordinate the grade
considerations of the two development sites and the way in which both can effectively
access the Uptown Service Road in the future.
6.4Urban Design
The applicant has provided detailed drawings to enable evaluation of the application in the
context of the environment and urban design objectives of OPA 447. The proposal
generally conforms to the urban design policies of the Official Plan. The proposed
townhouses provide a good transition to the stable residential area to the west. The
proposal also provides a positive streetscape and built form treatment.
6.5Transportation:
6.5.1Service Road:
The Uptown Service Road is planned to accommodate the ultimate levels of development
permitted by the North York Centre Plan for the Uptown. The applicant will be required to
pay Yonge Centre Development Charges, a portion of which is allocated for the
construction of the Service Road.
Part of the site is located in the Uptown Service Road. The Transportation Department has
advised that the applicant is required to convey a 6 metre wide strip of land along the west
side of the site to the City, as shown on Schedule "C". The lands will be held by the City
until such time as the remainder of the lands to the west are obtained for the Service Road.
The owner is to enter into an easement agreement with the City permitting temporary
driveway access to this development from Horsham Avenue until the Service Road is
constructed after which the temporary driveway will be removed and access obtained off
the Service Road. The Transportation Department has recommended that the proposed
future driveway be not less than 6.0 metres from the north property line so that adequate
driveway spacing is attained along the Service Road.
6.5.2Parking:
The City Centre Parking Policy for residential uses is minimum 1 space to maximum 1.4
spaces per dwelling unit of which 0.1 spaces per dwelling unit is for visitors. For this
development application, this parking rate results in a maximum of 22 parking spaces of
which 1 space is for visitors. At the community meetings, residents expressed concern that
a lack of sufficient visitor parking might result in on-street parking. Some of the concerns
stem from the existing townhouse development to the north on Hounslow Avenue where it
appears that some of the units were occupied before all the garages and visitor spaces were
completed.
The North York Centre Parking standard applies to all residential units without
differentiation as to the type of residential development. The proposed development is for
freehold townhouses and there are no opportunities for shared parking between uses.
Transportation staff is recommending that a total of 25 parking spaces be provided of
which a minimum of 4 spaces are for visitors. This is reflected in the draft by-law
(Schedule "F"). The consensus of the residents at the community meeting was that a total
of 25 parking spaces should be provided of which 6 spaces should be set aside for visitors.
In order to ensure that no townhouse unit receives occupancy prior to the unit's parking
space and garage being constructed, a condition has been included in the Site Plan
Recommendations (Appendix "B") that sets this out.
6.5.3Intersection Improvements
At the community meetings, residents raised questions surrounding the road configuration
at Horsham Avenue and Canterbury Place (Schedule "B"). Their concerns relate to the
design of the intersection and the speed of traffic.
It should be noted that the road configuration has been in existence for quite some time.
The application has little bearing on the road operation at this location. Notwithstanding, in
light of the residents bringing their concerns to the attention of staff, a review of the
collision records has been undertaken. There is only one incident reported over a three year
period. This does not necessarily warrant the redesign of the intersection. However, as the
area will be undergoing construction associated with the development, staff of the Works
and Emergency Services Department are reviewing the possibility of a redesign of the
intersection which, if approved, could occur within the 1999 construction year.
6.6Release of Part Lot Control and Maintenance of Common Areas
The applicant is requesting release of part lot control in order that the proposed townhouse
development may be conveyed into 16 separate dwelling units.
On October 18, 1995 Council adopted policy recommendations regarding the approval
requirements for part lot control exemption. The policy requires that the applicant submit a
letter of undertaking stating that upon the sale or transfer of the last parcel of land the City
will be advised in order that the exempting by-law may be revoked. The letter of
undertaking shall also state that the new townhouse lots will not be conveyed until the
zoning by-law is in force.
A number of residents questioned how common areas are to be maintained on the site. The
proposed development is freehold townhouses but to be served by a common driveway.
The applicant will be required to enter into an agreement with the City requiring the unit
owners to jointly maintain the common elements (mutual driveway, drainage, hard
services) and requiring mutual easements giving mutual rights-of-way to again access over
other unit owners lands. This agreement is to be registered on title guaranteeing that the
owners and their successors will be responsible for the provision, construction,
maintenance and repair of the common elements. The applicant has indicated that an
association will be created for this development of 16 owners with an agreement registered
on title as to its operation and maintenance of common driveway areas of the development.
It is recommended that prior to release of part lot control on the site, the applicant shall
have prepared a maintenance agreement for the common features of the development,
satisfactory to the City Solicitor. This has been included in the recommendations of this
report.
6.7Community Services and Facilities:
6.7.1Parkland
The Parks and Recreation Division has calculated the parkland dedication requirement
using the OPA 447 standard of .6 hectares per 560 dwelling units which results in an on
site parkland conveyance of 170 square metres. Parks staff are working with the applicant
to acquire an off-site parkland dedication. In the absence of an off-site dedication, the City
retains the right of 5% cash-in-lieu. This site is adjacent to the West Willowdale
Community which is indicated in the Parkland Acquisition Strategy as having a parkland
supply of 1.32 hectares per 1,000 population, which is above the 1 hectare per 1,000
population parks standard.
6.7.2Private Amenity Space
The applicant proposes to provide a small private outdoor recreational space area for each
of the 16 proposed freehold townhouses. The private and common outdoor recreational
space will be perfected through the site plan approval process.
Conclusions:
The proposal to develop the lands on the north side of Horsham Avenue just west of
Canterbury Place with a 16 unit 3 storey townhouse development is appropriate
development which is consistent with the policies of the North York Centre Plan. The
proposal complements the existing townhouse development on the abutting lands to the
north and provides a good transition to the residential lands to the west. The applicant is
contributing lands for the future Service Road.
Works and Emergency Services Department staff are examining options for improvements
to the Horsham and Canterbury intersection that will address existing traffic concerns
brought forth by area residents.
In accordance with Council policy, a Site Plan application has been processed concurrently
with the rezoning application. The applicant has provided detailed plans and drawings that
demonstrate the proposal satisfies the urban design policies of the North York Centre Plan.
Contact Name:
Nimrod Salamon, Senior Planner
Phone: 395-7134Fax: 395-7155
APPENDIX "A":SITE PLAN CONSIDERATIONS
The applicant has submitted drawings which are of sufficient detail to evaluate the
proposed development with respect to the environment and urban design policies of OPA
447. It is recommended that the site plan application be approved subject to the submission
of the revised drawings as well as the execution of a site plan agreement (refer to Appendix
"B"). For ease of review, the proposed development is discussed under the headings, site
plan, landscape plan, and building elevations.
Site Plan:
As illustrated on Schedule "C", the townhouses have been located along the Horsham
Avenue frontage. Vehicular access to the site is to be provided via a two-way driveway off
Horsham Avenue at the west periphery of the site. The driveway extends along the rear of
the townhouses and provides access to the visitor parking spaces as well as the enclosed
garages. Vehicular access to the site is to be provided from Horsham Avenue until such
time as the service road extension is implemented. Upon completion of the service road
extension, the driveway entrance will be relocated to access the service road.
Recommendations include shifting the north townhouse unit westwards to allow for an area
of landscape emphasis at the northeast corner of the site.
Landscape Plan:
The landscape plan (refer to Schedule "Q") provides for a significant amount of
landscaping throughout the site including, the preservation of mature trees along the street
frontage, decorative paving on the driveways, private rear yards and a decorative privacy
fence along the west property line. It is recommended that the landscape plan be revised to
indicate the site plan as revised as well as a mass planting of trees and shrubs at the
northeast corner of the site.
Building Elevations:
As illustrated on Schedule "D", the townhouses are traditional in design with have well
defined entrances as well as 'towers' to define the northeast and southwest corners of the
building. To ensure that the building presents an appropriate frontage onto the future
service road, the architect has incorporated additional articulation on the west elevation of
the townhouse block. It is recommended that the building elevations be modified to
indicate additional articulation on the west elevations of the garages. The additional
articulation is necessary to ensure an appropriate frontage along the future service road.
APPENDIX "B":SITE PLAN RECOMMENDATIONS
1.0That this application be approved subject to the following conditions:
1.1The lands shall be developed and maintained in accordance with the approved drawings
and the conditions of this approval. The Owner acknowledges that notwithstanding this
approval, the lands shall be developed in accordance with the zoning by-law and that it is
the responsibility of the Owner to ensure that the development is in conformity with the
zoning by-law to the satisfaction of the Chief Building Official.
1.2All of the work shown on the approved drawings and all the work required by the
conditions of this approval shall be completed within 2 years of the date of this approval
failing which this approval shall require an extension by the Commissioner of Planning or
his/her successor prior to the issuance of any building permit. The future site and landscape
treatments which are to accommodate the service road extension shall be completed within
1 year of substantial completion, as deemed by the Works and Emergency Services
Department, of the adjacent service road extension.
1.3All existing trees to remain shall be maintained as shown on the landscape plan in
accordance with the "North York Standards For The Protection And Care Of Trees". Any
tree that is removed in contravention of this approval, or that is severely damaged, shall be
replaced with a tree or trees of similar value to the satisfaction of the Commissioner of
Planning or his/her successor.
1.4All site illumination shall be designed to prevent the spread of light onto adjacent lands.
1.5Drainage shall be directed to ensure that no drainage problems are created on adjacent
lands.
1.6All refuse and recycling storage shall be contained within the building. Refuse and
recycling materials shall be transported to collection areas on collection days only.
1.7All work on the adjacent boulevards shall be to the satisfaction of the Works and
Emergency Services Department.
1.8All driveways, loading and parking areas shall be paved with asphalt, concrete or
concrete unit pavers.
1.9New above-grade electrical transformers, gas regulators and other equipment are not
permitted in any yard abutting a public street. The owner shall make arrangements to the
satisfaction of the affected Utility, for the installation, relocation and protection of all
utilities. All clearances from Toronto Hydro-Electric Commission facilities shall be
maintained to the satisfaction of Toronto Hydro-Electric Commission or successor.
1.10Signage, satellite dishes, cellular telephone antennae or associated equipment are not
permitted on the roof of the building. All rooftop mechanical equipment enclosures shall be
integrated into the overall design of the building to the satisfaction of the Commissioner of
Planning or his/her successor.
1.11The municipal address of the building shall be well-illuminated, provided in a
prominent location on the lands and designed to be easily readable from the adjacent
streets.
1.12The Owner shall submit the following to the satisfaction of the Commissioner of
Planning or his/her successor prior to the issuance of any building permit:
1.12.13 copies of a revised site plan which incorporates:
1.12.1.1the technical requirements of the commenting departments and agencies;
1.12.1.2the north townhouse unit relocated approximately 2.5m westwards; and
1.12.1.3a minimum building setback of 1.5m from the street frontage.
1.12.23 copies of a revised detailed landscape plan which incorporates:
1.12.2.1items noted in condition 1.12.1; and
1.12.2.2an area of landscape emphasis (i.e., mass planting of trees, shrubs) at the northeast
corner of the site.
1.12.33 copies of revised building elevations which indicate additional articulation on the
west elevations of the garages.
1.12.43 copies of the detailed design of all site amenities (including but not limited to
exterior lights, ground signs and fencing) and the construction hoarding. The perimeter
fence shall be solid wood.
1.12.5Confirmation that arrangements have been made to the satisfaction of the Works and
Emergency Services Department items set out in their memorandum dated June 15, 1998.
1.12.6Confirmation that arrangements have been made to the satisfaction of the Works and
Emergency Services Department for items set out in their memorandum dated April 7,
1998.
1.12.7Confirmation that arrangements have been made to the satisfaction of the Economic
Development, Culture and Tourism Department for items set out in their memorandum
dated March 2, 1998.
1.12.8A letter of credit for the installation of the approved landscaping (i.e., plant material,
fencing) as well as the construction hoarding around the site perimeter.
1.12.9An executed site plan agreement, shall be registered on title for the approved
drawings and conditions of approval, to the satisfaction of the Commissioner of Planning
or his/her successor and the City Solicitor. The site plan agreement will stipulate that:
-1.8m high solid wood construction hoarding shall be provided along the site perimeter
prior to the issuance of any building permit including a demolition permit; and
-no townhouse unit is to receive occupancy until the parking space and garage of that unit
is constructed.
1.13Prior to enactment of the zoning by-law, the applicant shall submit confirmation, in the
form of a initial study, from a qualified microclimatic specialist that the proposed
development will not create any pedestrian comfort concerns.
SCHEDULE "F" Draft Zoning By-Law
Authority: North York Community Council Report No.
Intended for first presentation to Council:
Adopted by Council:
CITY OF TORONTO
BY-LAW No.
To amend City of North York By-law No. 7625
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.Schedules "B" and "C" of By-law No. 7625 of the former City of North York are
amended in accordance with Schedule "1" of this By-law.
2.Section 64.16 of By-law No. 7625 of the former City of North York is amended by
adding the following subsection:
"64.16(23)RM1(23)
EXCEPTION REGULATIONS
(a)The maximum number of dwelling units shall be 16.
(b)There shall be no minimum lot area requirement.
(c)The maximum lot coverage shall be 52%.
(d)The minimum yard setbacks shall be as shown on Schedule RM1(23).
(e)The maximum gross floor area shall be 3,212 square metres.
(f)The maximum building height shall be 3 storeys or 11 metres, whichever is the lesser.
(g)A total of 25 parking spaces shall be provided of which a minimum of 4 parking spaces
shall be for the use of visitors."
3.Section 64.16(23) of By-law No. 7625 of the former City of North York is amended by
adding Schedule RM1(23), attached to this by-law.
ENACTED AND PASSED this day of , A.D. 1998
MayorCity Clerk
(Copies of Schedules A.Official Plan Map, B.Zoning Map, C.Site Plan, D.Proposed,
Elevations, E.Context Plan, G.Parks and Recreation comments, H.Public Works comments,
I.Transportation comments, J.Public Health Department comments, K.Fire Department
comments, L.By-law Enforcement Section comments, M.Toronto District School Board
comments, N.Toronto Catholic School Board comments, O.Bell comments, P.Public
Submissions, Q.Landscape Plan and R.Planning Department (Metro) comments, are on file
in the office of the City Clerk.)
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