September 2, 1998

To:North York Community Council

From:Bryan W. Tuckey

Director, Community Planning, North District

Subject:OMB Referral No. 1 of Official Plan Amendment No. 381

Specific Development Policy for 88 to 102 Ellerslie Avenue

North York Official Plan Part C.9.140

Ward 10 - North York Centre

UDOP-38

Purpose:

This report provides background information for the public meeting scheduled for September 16, 1998 on Part C.9.140 of the Official Plan, which is the Specific Policy from Official Plan Amendment No. 381 (the Uptown Plan) regarding 88 to 102 Ellerslie Avenue. The site specific Official Plan amendment, and application UDZ-98-08, which seeks to implement the policy, have both been appealed to the Ontario Municipal Board.

Financial Implications:

Not Applicable.

Recommendation:

It is recommended that North York Community Council receive this report for information.

Background:

88 to 102 Ellerslie Avenue has an area of approximately 0.58 hectares, and is in the stable residential area next to the west boundary of the Uptown redevelopment area. The subject site is bounded on the east by the proposed Service Road and, in the interim, Willowdale Presbyterian Church, on the west by the St. Edwards Church lands, and on the south by Ellerslie Avenue. Most of these lands overlook the recently completed park on the south side of Ellerslie Avenue, which includes the relocated Dempsey House. Two single family dwellings at 98 and 100 Ellerslie are across the street from the western portion. To the north, the site is bounded by the side yards of single family dwellings at 1 and 2 Basswood Road, and the rear yard of 69 Churchill Avenue.

The specific official plan policy C.9.140 deals with these lands, and reads as follows:

"Notwithstanding the Residential Density One designation . . . development of these lands for residential purposes is permitted provided that the maximum density on the lands is FSI=1.0, and the maximum height of any permitted residential or accessory building shall be 11 metres or three storeys, whichever is the lesser. If these lands are to be redeveloped, vehicular access for this use shall be taken from the Uptown Service Road, and not from Ellerslie Avenue."

The policy was established by Item D.2.17 of Official Plan Amendment No. 381, originally inserting it as a new paragraph in Part II, Section 1, D (b) "Other Specific Development" in the District 11 Plan. OPA 381 was adopted by Council on May 19, 1993. When Official Plan Amendment No. 377 consolidated residential policies of the District Plans into the Comprehensive Official Plan, this policy was relocated to Part C.9.140 of the Official Plan. OPA 377 was adopted on May 25, 1995.

This item in OPA 381 was referred to the Ontario Municipal Board by the Ministry of Municipal Affairs and Housing on July 11, 1996 in response to concerns expressed by the Yonge Street Area Ratepayer Associations (YSARA). Local residents also filed objections to this item, represented by Mr. Donald Gray of 69 Churchill Avenue. North York and Ministry staff facilitated mediation attempts, but were unsuccessful. No OMB Hearing has been held on this matter yet.

An application has been filed (UDZ-98-08) seeking to implement the policy with a zoning bylaw amendment that would enable development of a 66-unit 3-storey townhouse project on the subject lands and properties directly to the east (70 to 84 Ellerslie Avenue). The applicant for the proposed rezoning wrote to the OMB on April 27, 1998, requesting that the Board schedule a Hearing on the OPA 381 referral.

The preliminary staff report on the rezoning application, dated June 9, 1998, was received by Community Council on June 24, 1998. At its meeting of July 8, 9 and 10, 1998, Council adopted the June 24 recommendations of Community Council, that:

"site specific Official Plan Policy part c9.140 of Official Plan Amendment No. 381 be re-opened . . . and . . . staff be authorized to schedule a public meeting to determine whether the subject lands should be included in the development area."

Schedules A, B and D from the June 9 preliminary report on the application are also attached to this report. They show the location of the lands covered by the specific policy C.9.140, the official plan designations and current zoning of the subject lands and vicinity; and the properties that are part of the rezoning application.

Schedule E to this report contains an annotated chronology outlining the steps leading to the inclusion of this specific policy in OPA 381 and the subsequent referral to the OMB. Written submissions from the public on this matter are attached in Schedule F.

Discussion:

Early in the Uptown Plan process, conflicting positions on the designation of these lands were apparent. A group of owners of some of these lands made submissions noting the potential of the site, and requested to be included in the Uptown redevelopment area. Other submissions opposed the extensions of the Uptown boundaries.

In an October 1992 report responding to submissions on the second draft of the Uptown Plan, staff indicated that development of the subject lands is not necessarily be dependent on them being included within the boundary of the Uptown Plan. Staff recognized that the lots are very deep and, if assembled, have redevelopment potential. They lie between the location of the proposed Uptown Service Road and the St. Edwards Church property. Staff did not support redesignating the properties to be within the Uptown, but instead advised that development could be considered under official plan policies applying to residential areas.

This opinion was reiterated in a December 1992 report responding to submissions on the third draft of the Uptown Plan, and a specific policy was proposed for the District 11 Plan that is generally similar to the policy which was ultimately adopted in 1993. That report also noted the properties are situated between a large parcel containing a place of worship and lands identified as part of the Buffer Area within the Uptown Plan. The report included the following staff comment:

"If the owners ... filed a joint application for redevelopment, the redevelopment of these lands, in conjunction with or separately from lands within the Uptown, could be considered. A low rise form of development, consistent with that proposed in the Buffer Area, may be appropriate. The inclusion of a special policy in the District 11 Plan ... would foster redevelopment of an appropriate type, without establishing a precedent by moving the Uptown boundaries."

The specific policy permits modest intensification of residential use of these deep lots, at a lower density than could be developed within the Uptown Buffer Area. Their redevelopment together with the adjacent lands within the Uptown is permitted, but they do not have to contain an identical building form. The specific policy also addresses concerns about traffic impact in the stable residential area, by requiring redevelopment to take access solely from the Service Road.

In the time since the adoption of the site specific policy in the D11 plan, lands across Ellerslie Avenue from the subject lands have been developed as a park, including the relocated Dempsey House. The connection from Ellerslie Avenue to the Service Road has been severed as well.

Conclusions:

During the drafting of the Uptown Plan, staff recommended a specific policy to permit some intensification of residential use of the subject lands, at a lower density than could be developed within the Uptown Buffer Area. The site specific policy also addressed traffic infiltration concerns through its requirement that access for new residential uses be taken from the Service Road only.

The policy is based on the concept of limited intensification in stable residential areas enunciated in the District Plan and subsequently in the Official Plan, while maintaining a defined and stable boundary of the major redevelopment area of the North York Centre.

Since the adoption of the original site specific policy, the site has been further buffered from other residential uses. The site specific policy is consistent with the principles of the Official Plan permitting limited redevelopment in stable residential areas, and concentrating major redevelopment projects in the North York Centre.

Contact Name:

Alan Theobald

Telephone: (416) 395-7166

Reviewed by: William S. Hollo

______________________________

Bryan W. Tuckey

DIRECTOR, COMMUNITY PLANNING, NORTH DISTRICT

CITY PLANNING DIVISION

Schedules:

A - Official Plan Designations

B - Zoning Map

C - Copy of Public Meeting Notice sent August 17, 1998

D - Property ownership of parcels in rezoning application.

E - Chronology regarding Specific Development Policy C.9.140.

F - Letters / Submissions

G - Letter from D. Gregory Flude and Dr. Inese Flude, 88 Ellerslie Avenue, and W. J. Withrow, C.M.,

SCHEDULE E

CHRONOLOGY

regarding Specific Development Policy C.9.140 for 88-102 Ellerslie Avenue

January 27, 1992First Draft of the Uptown Plan

July 24, 1992Second Draft of the Uptown Plan

October 5, 1992Petition from each of the owners of the five parcels comprising 88-102 Ellerslie requesting that consideration be given to treating their lands as one large development block together with 70-84 Ellerslie. (in Schedule F)

October 26, 1992Report: "Response to Submissions and Recommendations for Additional Changes, Second Draft of the Uptown Plan" -- Appendix 3 addresses the above-noted petition but recommends no change to the Plan in this regard.

October 26, 1992Third Draft of the Uptown Plan

November 24, 1992Letter from Andris Cernavskis, owner of 80 Ellerslie, commenting on the Uptown Plan as it relates to 72-102 Ellerslie, and proposing various policy alternatives that would enable townhouse development. (in Schedule F)

December 17, 1992Report: "Uptown Plan, Response to Submissions, Third Draft and Submissions Received Following the October 28, 1992 Meeting of the Planning Advisory Committee" -- Appendix A addresses the above-noted letter from Mr. Cernavskis and recommends inclusion of a special policy in the District 11 Plan addressing 88-102 Ellerslie.

December 17, 1992Report: "Uptown Secondary Plan, Fourth Draft" includes the following reference to 88-102 Ellerslie:

"An amendment to the District 11 Plan is included, that permits redevelopment of these lands for residential purposes with a maximum density of FSI=1.0, and a maximum height of 3 storeys or 11 metres, whichever is the lesser. It also encourages the consolidation of individual lots into redevelopment parcels, and also encourages comprehensive development in conjunction with the redevelopment of 70 to 84 Ellerslie, which lie within the Uptown Area and which are in the Buffer Area."

December 17, 1992Fourth Draft of the Uptown Plan (includes above-noted policy)

January 19, 1993Letter from Timothy Kean, 94 Betty Ann Drive, expressing concern about the above-noted policy and requesting that 88-102 Ellerslie be restricted to the existing density and designation. (in Schedule F)

January 19, 1993Letter from Donald Gray, owner of 69 Churchill Avenue, writing for himself and acting as solicitor for Stella Wong, owner of 71 Churchill, objecting to the inclusion of the above-noted policy. (in Schedule F)

January 20, 1993Eight separate but generally identical letters in support of the above-noted policy, from the following: (one sample in Schedule F)

(1)Paul Cernavskis, owner of 88 Ellerslie

(2)William Withrow, owner of 90 Ellerslie

(3)June Withrow, owner of 90 Ellerslie

(4)Ian Searle, owner of 96 Ellerslie

(5)Eleanor Searle, owner of 96 Ellerslie

(6)Mr. P. Fahnenbruch, owner of 100 Ellerslie

(7)Mrs. P. Fahnenbruch, owner of 100 Ellerslie

(8)Mr. and Mrs. A. Lerch, owner of 102 Ellerslie

January 21, 1993Report: "Revisions to the Fourth Draft of the Uptown Plan" addresses concerns that have been raised with respect to the above-noted policy, and recommending addition of the following in the specific policy:

"If these lands are to be developed for a permitted use other than single family dwellings, vehicular access for this use shall be taken from the Uptown Service Road, and not from Ellerslie Avenue."

January 26, 1993Letter from Alan Young Consulting Planners Ltd., on behalf of Yonge Street Area Ratepayer Associations, commenting on several aspects of the Fourth Draft of the Uptown Plan, including a request that the specific policy be deleted. (pages 1 and 8 of letter excerpted and attached in Schedule F)

February 8, 1993Petition from five parties on Basswood Road and two on Churchill Avenue opposing "the rezoning of 88-102 Ellerslie to allow for Medium Density Housing." (in Schedule F)

February 10, 1993North York City Council directs that the policy be revised to read as follows:

"Development of these lands for residential purposes is permitted, provided that the maximum density on the lands is FSI=1.0, and the maximum height of any permitted residential or accessory building shall be 11 metres or 3 storeys, whichever is the lesser. If these lands are to be redeveloped vehicular access for this use shall be taken from the Uptown Service Road, and not from Ellerslie Avenue."

May 13, 1993Report: "Official Plan Amendment No. 381, Uptown Plan and Related Amendments" forwards technically finalized version of Uptown Plan reflecting above-noted direction of Council and including the phrase, "Notwithstanding the Residential Density One designation," at the start of the specific policy.

May 19, 1993North York City Council adopts Official Plan Amendment No. 381.

May 21, 1993Letter to Ministry from Donald Gray, 69 Churchill Avenue, requesting that the specific policy "be referred in due course". (in Schedule F)

June 8, 1993Letter to Ministry from Sharolyn Vettese, Chair, Yonge Street Area Ratepayer Associations, objecting to the specific policy. (in Schedule F)

July 21, 1993Letter to Ministry from Donald Gray, 69 Churchill Avenue, advising that the following should also be considered as parties to any Ontario Municipal Board Hearing regarding the specific policy: (in Schedule F)

(1)Mr. E. Laurini, 1 Basswood Road

(2)Mr. and Mrs. G. Armstrong, 2 Basswood Road

(3)Ms. H. Wehrle, 3 Basswood Road

(4)Mr. N. Cowan, 4 Basswood Road

(5)Ms. S. Wong, 71 Churchill Avenue

July 27, 1993Letter to Minister from Sharolyn Vettese, Chair, Yonge Street Area Ratepayer Associations, formally requesting referral of the specific policy, among other things, to the Ontario Municipal Board. (in Schedule F)

November 3, 1995Letter to Minister from Ernesto Laurini, 1 Basswood Road, requesting that there be a "green zone" as a buffer south of his property. (in Schedule F)

November 3, 1995Letter to Mayor from Ernesto Laurini, 1 Basswood Road, forwarding copy of above-noted letter to Minister, copy of 1990 letter to Mayor, copy of maps from two earlier drafts of Uptown Plan, and copy of some conceptual sketches of possible buildings on lands south of his property. (in Schedule F)

November 24, 1995Letter to Mr. Laurini from Commissioner of Planning responding to above-noted letters. (in Schedule F)

February 13, 1996Letter to Minister from Sharolyn Vettese, Chair, Yonge Street Area Ratepayer Associations, discussing mediation process and reiterating request for referral of the specific policy to OMB. (in Schedule F)

July 11, 1996Ministry formally refers the specific policy to Ontario Municipal Board.

March 25, 1998Rezoning application by 1205373 Ontario Ltd. (Peter Freed) received by staff. (File No. UDZ-98-08; encompassing 70-102 Ellerslie)

April 27, 1998Applicant for rezoning (UDZ-98-08) requests OMB to schedule a Hearing on the referral of the specific official plan policy, and to consider combining this with a Hearing on the rezoning application.

May 7, 1998Letter from Gary Lang, 78 Ellerslie, regarding the rezoning application, expressing opposition to townhouse development. (in Schedule F)

May 7, 1998Letter from Carol and Bonnie Gold, 72 Ellerslie, regarding the rezoning application expressing opposition to townhouse development. (in Schedule F)

May 26, 1998Letter from Anne Galilee, 130 Park Home Avenue, expressing concern about the proposed rezoning. (in Schedule F)

June 2, 1998Letter from Willowdale Presbyterian Church, 70 Ellerslie, stating they do not oppose the proposed rezoning. (in Schedule F)

June 9, 1998Preliminary Report on rezoning application UDZ-98-08.

June 10, 1998Letter from Helen Tyson, 136 Betty Ann Drive, expressing concern about the proposed rezoning. (in Schedule F)

June 24, 1998North York Community Council receives of Preliminary Report on rezoning application UDZ-98-08, and recommends re-opening the specific policy C.9.140 and holding a public meeting on the specific policy.

June 29, 1998Letters from Nadine Armstrong, 2 Basswood Road, and Petition from 39 parties on Ellerslie, Basswood, Churchill and other streets, expressing several concerns about the proposed rezoning. (in Schedule F)

July 8-10, 1998Toronto Council adopts June 24 recommendations of Community Council.

NOTICE OF PUBLIC MEETING

To be held by the North York Community Council

(Under the Planning Act)

Reconsideration of a Specific Development Policy in the Official Plan

for 88, 90, 96, 100 and 102 Ellerslie Avenue

(Item D.2.17 of Official Plan Amendment No. 381; File No. UDOP-381)

Ward 10 - North York Centre

DATE: , Wednesday, September 16, 1998

TIME: 200 p.m.

PLACE: North York Civic Centre, Council Chamber

ISSUE:

A Specific Development Policy for the lands located at 88 to 102 Ellerslie Avenue was adopted by the City of North York Council as Item D.2.17 in Official Plan Amendment No. 381 (known as the Uptown Plan) on May 19, 1993. The specific policy was later consolidated in the Comprehensive Official Plan as Part C.9.140.

The lands are situated outside of the boundary of the Uptown Plan, abutting the boundary. The specific policy indicates that, despite their Residential Density One land use designation in the official plan, the lands could be redeveloped for residential use at a maximum density of one times the land area (FSI=1.0), and with a maximum height of 11 metres or 3 storeys (whichever is lower). The specific policy also indicates that if the lands are redeveloped, then vehicular access must be from the future Uptown Service Road rather than directly from Ellerslie Avenue.

After Official Plan Amendment No. 381 was adopted by the City, objections to the Specific Development Policy for 88 to 102 Ellerslie Avenue were filed with the Ministry of Municipal Affairs and Housing. The Ministry referred this specific policy to the Ontario Municipal Board. On June 24, 1998, the North York Community Council recommended, and City Council later agreed, that the specific policy should be re-opened and that this public meeting should be held "to determine whether the subject lands should be included in the development area."

Detailed information regarding this issue may be obtained by contacting Alan Theobald at 395-7166. Background information is available between the hours of 8:30 a.m. and 4:30 p.m., Monday to Friday at the Planning Department, North York Civic Centre at the above address.

PURPOSE OF PUBLIC MEETING:

You are invited to attend the public meeting to make your views known regarding the matter. To assist in scheduling, if you wish to address the North York Community Council, please notify the City Clerk, Attention: Barbara Liddiard at 395-7361 by no later than Monday, September 14, 1998. If you wish to submit written comments, please forward them to the City Clerk, Attention: Barbara Liddiard, by no later than Wednesday, September 2, 1998 at the address set out in this notice or at FAX 395-7337, in order to be included in the agenda. Every effort will be made to forward any correspondence received after that date to the meeting.

North York Community Council will review the Specific Development Policy and any other material placed before it, in order to make recommendations on the issue. These recommendations will then be forwarded to Toronto City Council for its consideration.

FURTHER INFORMATION:

If you wish to be notified of the adoption of any further Official Plan Amendment that may arise with respect to this matter, you must make a written request to the City Clerk, Attention: Barbara Liddiard, at the address above, telephone number 395-7361 and fax number 395-7337.

Official Plan Amendment Appeal: If a person or public body that files a notice of appeal of a decision of the City of Toronto, in respect of any further official plan amendment that may arise from this matter, does not make oral submissions at this or any subsequent public meeting regarding the issue or make written submissions to the City Clerk at the above noted address before any further official plan amendment that may arise from this matter is adopted, the Ontario Municipal Board may dismiss all or part of the appeal.

All written and oral submissions received by the City of Toronto are collected under the authority of the Planning Act, will be used to consider the issue, and may become part of a public record.

Dated, August 17, 1998

Novina Wong

City Clerk