Official Plan and Zoning Amendment Application

UDOZ-96-38 - Joseph Sahar - 31 and 33 Wilmington Avenue

North York Spadina

The North York Community Council, after considering the deputations and based on the findings of fact, conclusions and recommendations contained in the following report (June 23, 1997) from the Commissioner of Planning, and for the reasons that the proposal is an appropriate use of the lands, recommends that the application submitted by Joseph Sahar regarding Official Plan and Zoning Amendment Application for 31 and 33 Wilmington Avenue be approved, subject to the recommendations contained in the following report (June 23, 1997) from the Commissioner of Planning, with the following additional conditions:

(1) that the rear deck be appropriately screened;

(2) the abutting property owners be consulted prior to the site plan being finalized;

(3) that Recommendation 2.3 dealing with the conditions of the Transportation Department attached as Schedule "C" be imposed provided that the overall site plan regarding parking does not preclude any changes agreed upon by the applicant and neighbouring property owners;

(4) Recommendation 2.4 be amended by including the following:

"A mechanism to vent kitchen odours away from neighbours be included in the site plan deliberations."

The North York Community Council reports having held a continuation of the statutory public meeting on April 1, 1998, with appropriate notice of this meeting, in accordance with the Planning Act.

The North York Community Council submits the following report (June 23, 1997) from the Acting Commissioner of Planning:

Summary:

The application proposes an official plan and zoning amendment to permit the existing retirement home and accessory place of worship within the two existing single family dwellings municipally known as 31 and 33 Wilmington Avenue.

In order to provide long term reinvestment in the area, it is recommended that 35 Wilmington Avenue be rezoned as part of this application to permit a semi-detached dwelling.

The proposed official plan and zoning amendment for the subject lands and 35 Wilmington Avenue is appropriate and is consistent with the policies of the Official Plan.

Recommendation:

It is recommended the following be approved:

Official Plan

2.1 The RD1 designation for 35, 33 and 31 Wilmington Avenue be amended to permit a retirement home in addition to the other permitted residential uses.

Zoning By-law

2.2 The R4 zoning for 35, 33 and 31 Wilmington Avenue be amended to an RM2 exception zone with the following specific provisions:

Permitted Uses

(a) A retirement home and an accessory place of worship In addition to all of the permitted uses in the RM2 zone.

(i) For the purpose of this exception, retirement home shall mean a multiple family dwelling containing bedrooms with a common dining area. The dining area shall be available to all residents of the retirement home on a daily basis and shall not function as a public dining facility. The bedrooms shall be used as the principal residence of the occupants and shall not be provided on a transient basis.

Retirement home shall exclude a boarding or lodging house and a hotel.

(b) A retirement home and an accessory place of worship shall only be permitted within the existing buildings located on the lots municipally known as 31 and 33 Wilmington Avenue.

Zone Regulations

(c) The minimum lot area shall be 550m² for each semi-detached dwelling and 225m² for each semi-detached dwelling unit.

(d) The minimum lot frontage shall be 15m for each semi-detached dwelling and 7.5m for each semi-detached dwelling unit.

(e) The minimum yard setbacks for the main building on a lot shall be as follows:

(i) Front yard - 7.5m;

(ii) Side yard - 1.8 m each side;

(iii) Rear yard - 7.5 m.

(f) The minimum number of parking spaces for the retirement home, required on site shall be eight (8).

(g) The maximum height of the retirement home shall be two storeys or 8.8m whichever is the lesser.

(h) The minimum parking space length shall be 5.5m.

(i) The maximum amount of gross floor area devoted to an accessory place of worship shall not exceed 20.9m² .

(j) The maximum number of bedrooms shall not exceed 20 within the existing buildings municipally known as 31 and 33 Wilmington Avenue.

2.3 The conditions of the Transportation Department attached as Schedule "D".

2.4 Prior to the enactment of the by-law for the zoning amendment, the applicant shall apply for and receive site plan approval. Specific consideration should be given to the proposed parking layout, signage, buffering around the perimeter of the site and front yard landscaping.

2.5 Prior to the enactment of the by-law for the zoning amendment, the applicant shall undertake a building audit demonstrating any deficiencies required to meet Building and Fire Code requirements for a retirement home at 31 and 33 Wilmington Avenue. The applicant will ensure that any deficiencies are rectified prior to the enactment of the Zoning By-law . The applicant will also ensure that upon commencement of any construction, all of the elderly residents will be relocated until such time as the construction work is signed off as complete by the Building Inspector.

3.0 Proposal:

The applicant is requesting an amendment to the Official Plan and Zoning By-law to permit the existing retirement home and accessory place of worship within the two existing single family dwellings at 31 and 33 Wilmington Avenue.

4.0 Location and Existing Site:

The site fronts on the east side of Wilmington Avenue. The site consists of two of the three lots in the block between Codsell Avenue and Cocksfield Avenue. These lands are developed with two single family detached dwellings. Wilmington Avenue is designated as a minor arterial road under the Official Plan and Zoning By-law.

The property is located in the Bathurst Manor community. The area consists of one and two storey single family dwellings along Codsell Avenue and Cocksfield Avenue, semi-detached dwellings on the west side of Wilmington Avenue and apartment buildings just south of Cocksfield Avenue on both sides of Wilmington Avenue.

5.0 Background and History:

Prior to the use as a retirement home, 33 Wilmington Avenue was used as a place of worship. While there is still a small area devoted to worship (20.9m²) the primary use is the retirement home with the place of worship being used almost solely by the residents of the retirement home.

Previously 33 Wilmington Avenue was subject to three Committee of Adjustment applications for additions to the existing building.

In 1968 while the building was being used as a place of worship, an approval was granted by the Committee for a reduced easterly side yard setback under application CA-68-211.

In 1994 under application UDCA-94-513, the Committee refused this application to reduce the minimum required rear yard setback for a two storey rear addition to the retirement home which was being assessed as a residential dwelling.

In 1994 under application UDCA-95-169, the Committee approved the application for the reduced rear yard requirement as previously applied for, therefore allowing the two storey rear extension to the building.

6.0 Planning Controls:

Official Plan:

The lands are designated RD1 (Residential Density One) (Refer to Schedule A). The RD1 designation permits single detached and semi-detached dwellings. The RD1 designation presently applying to the property does not permit a retirement home. Retirement homes are generally permitted in the Residential Density Three designation (RD3). An official plan amendment is required for this proposal.

Zoning By-law:

The site is zoned R4 (One-family Detached Dwelling Fourth Density Zone) which permits single family detached dwellings, places of worship and accessory buildings incidental and accessory thereto (see attached Schedule B). An amendment to the zoning by-law is necessary because the R4 zoning does not permit a retirement home.

7.0 Other Department Comments:

Comments from relevant departments and agencies are attached. A summary of the comments from the North York Transportation Department are outlined below.

The North York Transportation Department advises that they concur with the conclusions of the parking study prepared by Grant Bacchus dated June 6, 1997 (Refer to Schedule E). The Transportation Department recommend that the applicant provide a revised site plan indicating the new parking layout at the site plan approval stage.

8.0 Public Consultation:

A community meeting was held on May 1, 1997 at William Lyon MacKenzie Secondary School. The local Councillor was in attendance. There were a number of issues raised at the meeting which are outlined below and summarized in Schedule "E".

• The next door neighbour at 35 Wilmington Avenue (Refer to Schedule G) spoke of the noise emanating from the subject site during the day as a result of residents of the retirement home participating in activities outside on the deck. Apparently during the day when the weather permits, the residents go out on the deck in the rear yard to participate in various activities including singing. The applicant has indicated that they would work with the neighbours to try and find an appropriate time to run their programs outside that would have the least impact on the surrounding community. In addition, appropriate buffering along the side and rear property lines would help to reduce the level of noise emanating from the subject site.



• Traffic has increased in the area since the introduction of the retirement home. There are no studies that support this observation.



• The frequency of emergency vehicles visiting the subject site. According to the records of Metro Ambulances, an ambulance has been called to the subject site seven times within the last two years.



• The subject site does not have sufficient parking on site. The parking study completed by Grant Bacchus and dated June 6, 1997 (Refer to Schedule F) states that there is sufficient parking on the site to accommodate the parking demand for the retirement home.

9.0 Planning Issues:

9.1 Land Use

The existing retirement home is an appropriate use for this site. This proposal represents an opportunity to provide much needed housing for seniors. Council encourages the provision of a variety of dwelling types and forms designed to meet the housing needs of current and future senior citizens. Retirement homes and homes for the aged are residences providing accommodation for seniors where common dining facilities are provided. Council encourages retirement homes to be located on arterial roads or minor arterial roads such as Wilmington Avenue. The existing retirement home provides accommodation for seniors including a common dining facility, recreational area, sitting areas, outside deck and an accessory place of worship.

The retirement home being located in a predominately residential area provides seniors who live in the area with an opportunity to continue to reside in the community. This is not a new concept. Many municipalities across Ontario permit retirement homes to be located in residential areas.

The retirement home can take advantage of existing infrastructure, community facilities and transportation facilities without undue expense to the City. The retirement home can be adequately served by existing community facilities such as libraries, recreational facilities and parks. The existing roads and sewers adequately serve the demands of the existing retirement home without requiring any improvements to them. The accessory place of worship in 33 Wilmington Avenue will provide a service to the residents of the retirement home without increasing on site traffic. The site is well suited for access to public transit and the minor (Wilmington Avenue) and arterial (Sheppard Avenue) road system.

9.1.1 Compatibility with Adjacent Uses

The existing retirement home is compatible with the surrounding area. The site is located on the edge of an area predominately made up of single family dwellings and fronts on a minor arterial road. There are semi-detached dwellings located on the west side of Wilmington Avenue opposite the site. There are also apartment buildings just south of the site on both sides of Wilmington Avenue between Cocksfield Avenue and Sheppard Avenue.

This proposal conforms to General Development Criteria set out in the Housing Policies. The scale, massing and built form of the existing retirement home is sensitive to, and does not negatively impact upon, the adjacent stable residential neighbourhood. The existing retirement home being housed in two single family dwellings has little impact on the abutting residential properties in terms of overview, shadowing and loss of privacy. However, the North York Transportation Department is requiring that parking spaces be located in the rear yard of 33 Wilmington Avenue. This parking area should be properly screened from the adjacent properties to reduce any potential impact on them. The parking spaces in front of 33 Wilmington Avenue should be defined. The design and layout of the parking area can be addressed at the site plan approval stage. Matters relating to signage should also be addressed at the site plan approval stage.

9.1.2 35 Wilmington Avenue

The adjacent owner to the north of the site at 35 Wilmington Avenue, shown on Schedule G, has expressed concerns with the retirement home given the increase in activity. This lot is the last remaining one in the block. The owner of this site has tried to sell his property but has had difficulty due to the retirement home being located next door. It is unlikely that 35 Wilmington will ever be rebuilt as a single family dwelling in the future. To provide for long term reinvestment in the area, 35 Wilmington Avenue should be rezoned to RM2 to allow the flexibility of this site to be redeveloped with semi-detached dwellings. The semi-detached dwellings would be compatible with the area given that they are semi-detached dwellings located on the west side of Wilmington Avenue.

9.2 Zoning

RM2 exception zones is an appropriate way to implement this application. The proposed RM2 exception zone legalizes the existing retirement home on 31 and 33 Wilmington Avenue while providing long term reinvestment for 35 Wilmington Avenue and maintaining the long term perspective on these lots as low density residential in built form. The existing place of worship should be permitted as an accessory use within 33 Wilmington Avenue. The place of worship should be limited to a maximum gross floor area.

For the proposed RM2 exception, to implement the zoning there will need to be exceptions to requirements for yards, parking, maximum number of beds, lot area and lot frontage.

9.3 Conformity to the Building and Fire Codes

The existing retirement home operates within two single family dwellings. Both of these dwellings have not been reviewed against the Building Code or Fire Code in context of a retirement home. The Fire Department has informed us that there are a number of alterations that need to be done to 33 Wilmington Avenue to bring the building into compliance with the Fire Code regulations (Refer to Schedule "H"). The owner has been notified of the required alterations. Therefore, the applicant should be required to submit a building audit application for 31 and 33 Wilmington Avenue prior to the enactment of the amending zoning by-law identifying all deficiencies. Prior to the enactment of a zoning by-law the deficiencies should be completed.

10.0 Conclusion

The existing retirement home and the accessory place of worship is an appropriate use for this site and conforms to the Housing Policies of the Official Plan. The abutting property to the north at 35 Wilmington Avenue should be rezoned to RM2 to permit semi-detached dwellings in order to provide long term reinvestment in the area.

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A staff presentation was made by Randy Jones, Planner, Planning Department (North York Civic Centre).

The North York Community Council also reports having had before it the following communications:

(April 1, 1998) from Mr. Barry Horosko, Bratty and Partners, Barristers and Solicitors;

(February 16, 1998) from Mr. and Mrs. Lino Vitorio;

(February 9, 1998) from Chief J. Jordan, Fire Prevention Division, North York Civic Centre, addressed to Mr. Joseph Sahar, Ahavath Achim Retirement Home, 33 Wilmington Avenue, M3H 5J1, confirming that all of the requirements of the modified Fire Marshal's order (Appeal No. FM 7032) have been met;

(undated) from Mr. Robert Rosenbaum, 38 Sandale Gardens, North York; and

Extract from the minutes of the Planning Committee meeting held on September 10, 1997.

The following individuals appeared before the North York Community Council:

a) Mr. Murray H. Chusid, Solicitor, on behalf of Joseph Sahar

Mr. Chusid indicated that this application has been deferred on several occasions in order to address the concerns expressed by staff and to conduct the work necessary to comply with the Building and Fire regulations. That work has now been completed and the applicant will be able to satisfy the conditions outlined in the staff report.

He explained the merits of the application and agreed with planning staff that the proposal is an appropriate use for this site and conforms to the Housing Policies of the Official Plan.

Mr. Chusid also made reference to the conditions being recommended by the solicitor for the property owners of 198 Cocksfield Avenue and stated that while he had no objection to community consultation prior to final site plan approval, he did have concerns with the imposition of those conditions.

In his opinion, many of the concerns expressed are site plan issues which can be addressed at the site plan approval stage.

b) Mr. Andrew Salem, Solicitor, of the firm of Bratty & Partners, on behalf of Alfredo and Maddelena Grossi

Mr. Salem indicated that his clients were initially opposed to this application. They are now prepared to withdraw their opposition provided the conditions outlined in the communication dated April 1, 1998, from Barry Horosko, Solicitor, Bratty & Partners, are imposed. These conditions would address his clients' concerns and he therefore requested that these three conditions be incorporated into any decision by the Community Council.

c) Mr. Murray Kline

Mr. Kline supports the application for the existing retirement home.

d) Mr. Murray Hahn

Mr. Hahn commented in support of the existing retirement home and the type of care provided by its operators.

e) Mr. Nathan Shapiro

Mr. Shapiro supports the application. He also commented on the type of operation and care provided by the owners of this retirement home.

f) Ms. Freda Justiz

Ms. Justiz commented in support of the existing retirement home. The type of care and environment allows individuals in this home, her mother being one of them, to live a happy life and to be amongst other people in their community.

g) Ms. Wendy Isenberg

Ms. Isenberg indicated that she works in this facility. As such she has been able to see the type of care provided to these senior citizens. She believed it would be a terribly tragedy if this facility is closed especially since it fulfils a great need and it allows the senior citizens to stay in the area in which they lived most of their lives.

h) Ms. Jennifer Aquilino

Ms. Aquilino indicated that she works in many retirement homes and the care and environment in this particular home is commendable.

I) Ms. Gloria Hutman

Ms. Hutman spoke in support of the existing retirement home. Her father-in-law is currently in this home and the type of care he receives is truly remarkable. She further indicated that she visits her father-in-law frequently and during those times she has never experienced traffic or parking problems.

j) Ms. Susan Rosenthal, Solicitor, on behalf of Mr. and Mrs. Vitorio, property owners of 193 Codsell Avenue

Ms. Rosenthal commented in opposition to the application. She indicated that her clients' primary objections are with respect to loss of privacy, overview, noise and odours.

She requested a deferral of the application so that the impact on her client's property can be considered. In the event a deferral cannot be granted, and the application is recommended for approval, she requested that conditions be imposed to require the applicant to provide adequate buffering, some type of noise barrier and a mechanism to control odour.

Ms. Rosenthal also requested that the amending by-law be drafted in such a manner so that any further expansion to the existing retirement home is discouraged.

j) Mr. Daryn Mandle

Mr. Mandle indicated that he is a physiotherapist and provides physiotherapy to the residents in this home. In his opinion the existing retirement home is congruous with the community and the quality of care provided to its residents is quite high. He also indicated that he has never had a problem in finding a parking space.

k) Rabbi David Cooper

Rabbi Cooper commented in support of the application. He stated that the quality of care is commendable and having visited the site on a weekly basis, he has never experienced any problems with parking, traffic or odours.

l) Mrs. Jessie Silver

Mrs. Silver spoke in opposition to the application. Her primary concerns were with respect to the incremental manner in which this residential dwelling has been converted into a retirement home. The home in her opinion, is not properly licenced, does not comply with fire and health regulations and it is an intrusion to the residents in this area.

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(Copies of the schedules, draft official plan amendment and zoning by-law amendment referred to in the foregoing report are on file in the office of the City Clerk, North York Civic Centre.)