TO:North York Community Council

FROM:Roberto Stopnicki

Director, Transportation Services

District 3

DATE:September 1, 1998

RE:The Impact of the Environmental Study Report Addendum, April 1998 on the Elihu Pease House at 34 Avondale Avenue - Response to Donalda and Louis Badone.

North York Centre

Purpose

The purpose of this report is to address concerns raised by Donalda and Louis Badone, the owners of the Elihu Pease House located at No. 34 Avondale Avenue on the effect of the widening of Avondale Avenue as identified in the Environmental Study Report Addendum, April 1998 of the Downtown Plan, South of Sheppard Avenue, Environmental Study Report - Transportation Infrastructure Requirements September, 1996.

Specifically, North York Community Council at its meeting of April 9, 1998, requested a report on the following:

1)review the decision of the Ontario Municipal Board on the Elihu Pease House;

2)develop a supplementary report as an Addendum to the Environmental Study Report specifically with respect to the Elihu Pease House; and

3)in cooperation with the Heritage Committee, develop a plan for dealing with the Elihu Pease House.

Funding

N\A

Recommendations

It is recommended that:

1.Donalda and Louis Badone be advised that:

i)the implications of the widening of the roadway will not result in a physical impact on the Elihu Pease House at No. 34 Avondale Avenue;

ii)should the Elihu Pease House be incorporated into a land assembly for the purposes of redevelopment, the owner has the ability to relocate the building elsewhere on site or to relocate the house to a suitable location that would enhance its preservation;

iii)if the Elihu Pease House continues in its present location indefinitely, the House shall be permitted to encroach within the road right of way.

2.any transportation or development proposals that may require the relocation of the Elihu Pease House be referred to the North York Heritege Committee for its review and comment; and,

3.this report be adopted in its entirety to form an addendum to the Addendum Report (April 1998) of the Environmental Study Report of the Downtown Plan, South of Sheppard Avenue, Environmental Study Report - Transportation Infrastructure Requirements September, 1996.

Background

In September of 1996, the Environmental Study Report (ESR), entitled "Downtown Plan South of Sheppard Avenue - Transportation Infrastructure Requirements" was completed and filed with the City Clerk of the former City of North York to satisfy the required 30 day public review provision of the Class Environmental Assessment process. The purpose of the ESR was to identify the transportation infrastructure needed to support the land use and development levels associated with the City's Official Plan Amendment No. 393 (OPA 393) of the Downtown Plan, south of Sheppard Avenue.

In a letter dated November 29, 1996, the Minister of the Environment advised the City Clerk of being in receipt of several "bump-up" requests of the ESR, but he decided to reserve his decision on the grounds of prematurity. It was his position that the land use issues associated with OPA No. 393 must first be resolved by the Ontario Municipal Board (OMB). The OMB hearing commenced on April 29, 1997, concluded on June 5, 1997, with the Board's decision released on September 29, 1997. (Ms. D.L. Santo, Vice-Chair)

In the ESR, the widening of Avondale Avenue to accommodate a five lane cross section was shown to be fully on the south side of the road as these properties had already been assembled by Wittington Properties Limited. The properties on the north side of Avondale Avenue, east of Bales Avenue, which include the Elihu Pease House, were not contained within the plan boundary (OPA No.393) and therefore, were not to be redeveloped for other than single dwelling uses. Therefore, the improvements along Avondale Avenue which supported both Wittington's development as well as the City's development objectives of OPA 393 could occur without displacing the existing residential homes on the north side of the street.

Review of the Ontario Municipal Board Decision

One of the principal implications of the OMB decision was that the boundary of the Downtown Plan was moved from Bales Avenue east to Tradewind Avenue, allocating a density of 3.5 f.s.i. on the lands on the north side of Avondale Avenue, including the Elihu Pease site. By virtue of the decision, the Board not only granted approval to the Wittington and Oakburn Apartment developments, and gave development rights to the properties on the north side of Avondale Avenue, which includes the Elihu Pease House. In doing so, the Board directed that any widening of Avondale Avenue would be taken from both the north and south sides of the road allowance. The intent was that the widening of Avondale Avenue should occur about the centre line of the road allowance. This principle was reiterated by Ms. D. Santo on March 2, 1998, at a meeting to discuss issues arising out of the OMB Sepember 29, 1997, decision.

The Board, in its decision, acknowledged that Mr.and Mrs. Badone were participants in the hearing in order to protect their home at 34 Avondale Avenue. In its decision, the Board directed the City to draft a site specific policy that "deals with the historic nature of the Elihu Pease House and provides policies for bonusing for its preservation within a development proposal or for the relocation of it to a suitable location that would enhance its preservation." The Board went on to note that the house had been moved from its original location and consists of only a portion of the original Pease Homestead .

The 'specific policy' to address the Elihu Pease House is attached to this report. The policy is expected to be approved by the Board shortly.

Discussion

In order to provide the road network to reflect the OMB decision, it was first necessary to undertake further transportation analysis and to evaluate the road requirements under interim and ultimate scenarios. The interim scenario considered and addressed the traffic impact associated with the approval of the Wittington and Oakburn proposals and concluded that these developments could proceed without further property acquisitions from the north side of Avondale Avenue.

For the interim scenario, the north curb line will be established as close to its present location as possible with all the widening of Avondale Avenue taking place towards the south. This is identified in the Addendum to the ESR. Consequently, the Elihu Pease House is not impacted in the interim road network requirements.

The ultimate scenario will occur when property assemblies on the north side of Avondale Avenue come forward with development proposals, within the context of the 'plan', which may or may not include the Elihu Pease site, or possibly if City Council should determine to proceed with the ultimate road improvements in advance of development. In either case, Council would have to opportunity address the appropriate issues and give direction accordingly.

The Addendum to the Environmental Study Report

The Addendum addresses the impact of the widening on both sides of Avondale Avenue, reflecting the Board's decision. To shift the road right-of-way south around 34 Avondale Avenue cannot be achieved within sound or safe design principles. The road at this location forms the westbound approach to the Bales Avenue intersection and has to return to a centre roadway alignment for the approach to the Yonge Street intersection within a very short distance.

Given the Board's decision which contemplated the use of bonusing incentives to secure the preservation of the House, in either its current location or a new location in order to accommodate redevelopment, it is unreasonable to consider a permanent alignment to swerve the roadway in an inappropriate and unsafe manner, around 34 Avondale Avenue.

However, it is reasonable to allow the Elihu Pease House to remain at its present location, permanently or until development requires its relocation, by permitting an encroachment (approximately 1.3 metres) into the 6 metre municipal boulevard.

North York Heritage Committee

In accordance with the direction of Community Council, staff met with the North York Heritage Committee on July 9, 1998, to discuss the implications of the road improvements of Avondale Road on the Elihu Pease House as recommended in the Addendum to the ESR.

The Committee was advised that the OMB has made specific reference to the Elihu Pease House in its September 29, 1997, decision and that a specific policy has been prepared and placed in the Official Plan Amendment No. 393. The policy has been approved by the OMB as a modification to OPA 393 being an amendment to Part D.2. Section 3.14 with the addition of Section 3.14.24 (policy attached).

Staff went on to illustrate how the Elihu Pease House could be retained by way of an easement within the road right-of-way without having a physical impact on the building.

After due deliberation, the North York Heritage Committee accepts the recommendations of the Addendum to the Environmental Study Report subject to certain conditions which have been inserted into the recommendations of this report.

Conclusion

By acknowledging that the "Environmental Study Report Addendum, April 1998," of the "Downtown Plan, South of Sheppard Avenue, Environmental Study Report - Transportation Infrastructure Requirements, September, 1996," was prepared to reflect the Ontario Municipal Board's decision, and given the fact that the special policy for the Elihu Pease House contemplates the possibility of relocating the house at some future time, it is not considered reasonable to design an inappropriate road configuration for what may well be a temporary situation.

Consequently, the option of allowing the Elihu Pease House to encroach into the new road right-of-way or to relocate the house with a redevelopment proposal, in keeping with the special policy, is consistent with the conclusions of the Environmental Study Report Addendum (April 1998).

Contact Name:

Colin Couper, Transportation Services

Works and Emergency Services, District 3 .

Telephone 395- 7470, Fax 395-7482, E-mail cwcouper@city.north-york.on.ca.

Roberto Stopnicki

Director, Transportation Services

District 3

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