CITY CLERK

Clause embodied in Report No. 7 of the North York Community Council, as adopted by the Council of the City of Toronto at its meeting held on July 8, 9 and 10, 1998.

45(f)Recommendation Report - Zoning Study UD43-KIR - South Side of Kirby Road - North York Humber.

The North York Community Council reports having received the following report and having authorized staff to schedule a public meeting:

(June 11, 1998) from the Acting Commissioner of Planning, North York Civic Centre, reporting on a zoning by-law amendment to change the zoning designation for the lots on the south side of Kirby Road and submitting recommendations with respect thereto.

June 11, 1998

To:North York Community Council

From:Bryan Tuckey

Acting Commissioner of Planning

Subject:RECOMMENDATION REPORT

ZONING STUDY

South Side of Kirby Road.

Ward 6 - North York Humber

UD43-KIR

Purpose:

The purpose of this report is to recommend a zoning by-law amendment for the lots on the south side of Kirby Road. On April 1, 1998 North York Community Council passed a motion directing Planning staff to "prepare a report regarding the zoning on the south side of Kirby Road, considering options to make the zoning on the south side of the street consistent with the rest of the street".

Recommendations:

It is recommended that:

(1)The lands fronting on the south side of Kirby Road, shown on Schedule A, be rezoned from RM5 to R5.

Background

Location:

The study area is north of Wilson Avenue, east of Highway 400, and west of Jane Street. This area is in the Oakdale Acres neighbourhood. Within the block facing Wilson Avenue are three and four storey apartment house dwellings zoned RM5 and designated RD-3 in the Official Plan On the north side of Kirby Road, and extending north over most of the rest of Oakdale Acres are single family dwellings zoned R5 and designated RD-1 in the Official Plan.

Along the outlying edges of this residential area is an industrial area (between Jethro Road and Torbarrie Road next to Highway 400) and commercial (on the south side of Wilson, and on the north side between Dallner Road and Jane Street is the Sheridan Mall).

History:

When By-law 7625 was passed in 1952, the two blocks between Wilson Avenue and Kirby Road were zoned RM4. In 1953, as part of a by-law that made numerous text and site specific amendments to By-law 7625, the two blocks were zoned RM5. The Official Plan designated this area "one family dwellings" from 1947. Since 1967 the south side of Kirby has been designated RD-1. The zoning of these two blocks is not in conformity with the Official Plan.

On February 5, 1998, the Committee of Adjustment considered a variance application to permit a semi-detached dwelling at 31 Kirby Road. The variances requested were not granted by the Committee of Adjustment. The applicant has appealed the refusal to the Ontario Municipal Board. The Ontario Municipal Board will begin a hearing on June 24, 1998 to consider the appeal.

Stable Residential Neighbourhoods:

Section 4.1 of the Official Plan requires that there be policies to conserve, protect and enhance stable residential neighbourhoods. For RD-1 lands, only limited intensification will be considered. There is very little evidence of new replacement housing being built in this residential community. It would appear that there have been numerous renovations and additions made to the housing in the area. This area is appropriately described as a stable residential neighbourhood.

Built Form Compatibility:

Comparing the potential size of new single family dwellings with the potential size of new semi-detached dwellings, it can be shown that new semi-detached dwellings are slightly higher (0.4 m), have longer dwelling widths (3.0 m), resulting in larger potential building massing.

However, semi-detached dwellings built to current by-law standards are out of scale and character with the existing housing stock. Development of these lands for semi-detached dwellings would require either a land assembly or significant changes to the current standards for semi-detached dwellings.

Attached as Schedule C is an analysis of the application of the Official Plan policies, and the implications for built form compatibility in the study area.

Community Consultation:

A community meeting was held on June 10, 1998 with 21 people attending. Councillors Judy Sgro and George Mammoliti also attended. The people who attended felt that new single family dwellings would be more compatible with their existing homes than semi-detached dwellings and duplexes. After discussing the potential size of new single family dwellings built to the R5 standards and new semi-detached dwellings built to RM2 standards, they showed a strong preference for an R5 zoning for the study area.

Conclusion:

The RM5 zoning of the study area is inappropriate, and not in conformity with the Official Plan.

The RM2 zone permits semi-detached dwellings. The development of semi-detached dwellings, in conformity with the RM2 standards, requires land assembly or a reduction of current zoning standards. If such development is to be considered, it should be by rezoning.

The R5 zoning applies to the rest of the neighbourhood, which shares the built form and age of the study area. It is the appropriate zoning for the study area.

Contact Name

David J. Douglas

By-law Review

Phone:395-7136fax:395-7155

Bryan Tuckey

Acting Commissioner of Planning

Schedules

AOfficial Plan Map

BZoning Map

COfficial Plan

DCommunity Consultation Notes

RCS# UD43-HSK/DJD/7625/ud43-hsk.rep

Schedule C

Official Plan Policy Analysis

Zoning Regulations:

The following chart compares the zoning requirements that apply to the various dwelling types in the RM5 zone:

RM5 Zone

Building Type and Zone Regulations

The lots on the north side Kirby Road and further north, are all zoned R5. The R5 zone permits primarily single family dwellings on 15 m wide lots. The lots on the south side of Kirby Road are built with single family dwellings built to comply with most of the R5 zone standards.

Issues:

The following issues have been identified as being relevant in analysing the various zoning option for the study area:

Zoning History and Lot Patterns:

When By-law 7625 was passed in 1952, the two blocks between Wilson Avenue and Kirby Road were zoned RM4. In 1953, as part of a by-law that made numerous text and site specific amendments to By-law 7625, the two blocks were zoned RM5.

The subject lots on the south side of Kirby Road have the same basic lot pattern as on the north side, which is lots that are 50 feet wide and 120 feet long (15 m x 36.5 m). The houses on both sides of Kirby Road were built between 1950 and 1952. These houses pre-date the passage of the first comprehensive zoning by-law for North York. This possibly explains the fact that the front yard setback and one side yard on most lots do not comply with the R5 zone regulations. The side yards on the other side are generally19 feet (5.8 m) wide; they greatly exceed the minimum side yard setback. The houses to the north of Kirby Road were generally built from 1950 to 1953 .

Official Plan Conformity:

For lands designated RD-1, a zoning that permits single family dwellings such as R5 would be in conformity, as would a designation that permits semi-detached dwellings such as RM2. Uses such as row dwellings, triplexes and apartment house dwellings do not comply and are not consistent with RD-1 designated lands.

When considering the appropriate zoning for the subject area the Official Plan provides the following policies that should be considered:

Stable Residential Neighbourhoods:

One of the stated general intents of the housing policy is explained in Section 2.1. It is as follows:

To achieve this dual intent, residential land use policies focus upon:

2) limiting change in stable residential neighbourhoods to changes necessary to reinforce the stability of residential neighbourhoods and to allow such neighbourhoods to regenerate, . . . .

This neighbourhood is regenerating in a positive way. Additions and renovations are very much in evidence for many of the single family dwellings throughout the residential community. The maintenance level of the dwellings is very high. Considerable attention is paid to landscaping; other forms of property improvement are also very much in evidence.

Since 1953, semi-detached dwellings, row dwellings, and apartment house dwellings have been permitted yet no new development has taken place on this street since that time. In order to build any of the multiple family dwellings that are permitted in the RM5 zone, a land assembly of some sorts is required, or change to the zoning to permit development on a smaller lot must be approved. The increased lot size requirement has been a factor in the maintenance of the existing house form for this area.

Use and Density:

Both Single Family Dwellings and Semi-Detached Dwellings are building forms that can be built in a manner consistent with the Official Plan Housing Policies for RD-1 designated lands.

Section 3.3 of the Housing Policy states that "when the lot proposed for semi-detached use abuts a single-family zone, the provisions of the single family zone will be a basis for evaluating the bulk, height and massing of a proposed semi-detached dwelling.

Built Form Compatibility:

In the chart below the density and built form, characteristics of the single family dwelling on Kirby Road and a typical semi-detached dwelling area are compared. The comparable semi-detached dwelling area is along Habitant Crescent which is in the area of Finch and Weston Road. In addition maximum bulk and massing figures are provided for both single family dwellings built to the R5 zone regulations and semi-detached dwellings built to the RM2 zone regulations:

Existing Character

The overall density of the study area is 6.74 units per net acre. If the south side of Kirby were redeveloped as semi-detached dwellings on lots that are 18 m wide, the density would increase to 8.27 units per net acre. While the density of the study area could be increased if the whole street were redeveloped as sem-detached dwellings, the increase is well within 12 units per net acre which is the maximum net unit density set for semi detached dwellings in RD-1 designated lands.

The permitted building envelope and the resulting built form of new semi-detached dwellings is very similar to that of the building envelope of the R5 zone, and the resulting built form of new single detached dwellings. The chart above demonstrates that for new semi-detached dwellings there is a 0.4 m difference in building height, and a 3 m difference in dwelling width. The spacing between buildings would be similar.

When the bulk and massing of both new single detached and semi-detached dwellings is compared to the existing built form, there are significant differences in overall size, and differences in spacing and building width.

It should also be noted that there are no below grade garages in this area. If any of the lots are redeveloped in the future as replacement single family dwellings, due to lot size, no below grade garages would be permitted. For semi-detached dwellings there are no regulations that limit below grade garages based on lot size. Below grade garages would be out of character with the single family dwellings in the neighbourhood.

Schedule D

Community Consultation Notes

On June 11, 1998, William Hollo and David Douglas attended a community meeting called by Councillors Mamolliti and Sgro, to discuss options for the block. It was attended by 21 persons, who reside in homes along Kirby Road.

The members present discussed the current zoning requirements, and options. The south side of Kirby Road has the same character as the balance of the single family neighbourhood. The concerns expressed by the Community were that the neighbourhood is stable, the character established, and they do not want that to change.

There was a general consensus that when considering redevelopment, compatibility with the existing homes was important. Semi detached dwellings were regarded by those attending of being out of scale and character with the neighbourhood. The character of the area as a single family neighbourhood would be best protected by a single family residential zone.