Preliminary Evaluation Report - Principles of Land Use
Report - Zoning Amendment and Plan of Subdivision Application
UDZ-97-36 and UDSB-1233 - Elderbrook Developments Ltd. -
Northwest Corner of Finch Avenue West and
York Gate Boulevard - Black Creek
The North York Community Council recommends that:
(1)the following report (July 7, 1998) from the Acting Commissioner of Planning be adopted;
(2)the Commissioner of Economic Development, Culture and Tourism be requested to:
(a)consult with the appropriate officials of the provincial Ministry of Natural Resources; the Ministry of
Community and Social Services; and the Ministry of Citizenship, Culture and Recreation; and the appropriate
officials of the federal Ministry of Canadian Heritage/Parks Canada; and
(b)report back to the Community Council meeting to be held on September 16, 1998, on grants and programs
which may be available through these agencies that would enable the acquisition of these lands for parks and
community related purposes; and
(3)if this property is developed under any Arterial Corridor Area (ACA) designation, opportunities be
provided for employment uses on the Finch frontage lands.
The North York Community Council submits the following report (July 7, 1998) from the Acting Commissioner
of Planning:
Purpose:
The purpose of this report is to establish principles of development which provide the basis for considering a rezoning
application and re-subdivision of the lands at the northwest corner of Finch Avenue West and York Gate Boulevard
(Schedule "A"). The application as submitted, is to permit 220 freehold townhouse units and 775 condominium
apartment units on the lands west of York Gate Boulevard near Jane Street between Finch Avenue and the hydro
corridor. A new public street off York Gate Boulevard serves the townhouses.
Existing property rights have been previously established by the Official Plan but have only partially been
implemented through zoning. In revising this development plan, the main objective of this report is to come forward
with a strategy which:
(i)redistributes density in an appropriate built form in keeping with the low density neighbourhood to the north;
(ii)may provide for limited intensification along the Finch Avenue frontage; and
(iii)seeks to balance the development potential upon which investment has been made in the past with the
development potential which realistically can be supported as good planning at the present time.
To achieve these objectives, it will be necessary to reduce the overall development level for the lands.
Recommendation:
It is recommended that:
(1)development of the lands bounded by Finch Avenue West, Norfinch Drive, the hydro corridor and York Gate
Boulevard be evaluated on the basis of the following principles of development:
Official Plan
(a)the RD4 designation of the site be amended based on the following:
(i)the entire site be redesignated to RD2 or RD3 with site specific densities which permit a wide variety of lower
density freehold residential and institutional uses and community facilities; and
(ii)consideration be given to redesignate the lands along the Finch Avenue frontage to Arterial Corridor Area (ACA)
to permit a mix of residential, commercial, institutional, medical and health care uses with a fall back base that would
permit those uses in a RD2 or RD3 designation as above;
(b)the Official Plan be amended to delete site specific policy C.9.114 which permits 1,296 dwelling units on the site to
be replaced with a policy with density provisions adequate to permit a wide variety of small lot single detached
dwellings, semi-detached dwellings or multiple attached grade related dwellings;
Zoning By-law
(c)the zoning by-law and the zoning on the site be amended as follows:
(i)rezone the entire site including the Finch frontage lands to an RM1 exception zone to permit a broad mix and range
of residential uses such as small lot single detached dwellings, semi-detached dwellings, and 2-3 storey townhouses or
similar built form freehold units, and recreational uses and community facilities;
(ii)consideration be given to rezoning the lands along the Finch Avenue frontage to an ACA (Arterial Corridor Area)
zone permitting a mix of residential, commercial, medical and health care related uses, recreational uses and
community facilities with building heights of 3 to 6 storeys. The density should be regulated through a holding zone
and base density permissions be included; and
(iii)The performance standards used in the zoning should provide maximum flexibility to develop the site with single
detached, semi-detached and multiple attached built form within comparable building envelopes;
Urban Design
(d)development of the site be guided by the following urban design principles:
(i)a public road network should divide the site into smaller development blocks to accommodate freehold
development and provide for street connectivity so as to increase accessibility and safety;
(ii)an articulated built form massed to support pedestrian scale development along Finch Avenue and other streets is
encouraged;
(iii)there should be a variety of low density residential building types including single detached dwellings,
semi-detached dwellings, and 2 to 3 storey townhouses or similar multiple attached grade related dwelling units;
(iv)a variety of small lot configurations should be permitted, including wider lot frontages with shallower lot depths
and/or narrower lot frontages with greater lot depth;
(v)there should be no parking in the front yard for development along Finch Avenue; parking should be provided
underground or at the rear accessed from the internal street network;
(vi)development along the Finch Avenue frontage should complement and implement the Finch Avenue Streetscape
Design Concept; and
(vii)along the Finch Avenue frontage, consideration should be given to the following additional guidelines for any
ACA built form development:
(a)provide for maximum building heights of 6 storeys.
(b)encourage retail and commercial uses at grade to address the arterial road frontage and provide animation at the
street level; and
(c)provide service access to development through a new public road;
General
(e)the joint venture public acquisition of lands for consolidated and shared community and recreational facilities and
parkland between one or both school boards and the City is encouraged;
(f)a traffic impact study be required with terms of reference satisfactory to the Commissioner of Transportation taking
into account an expanded Humber River Regional Hospital;
(g)the applicant consult with the Works and Emergency Services staff to prepare all necessary engineering and
technical reports to support the application for draft plan of subdivision approval. At the time of the statutory public
meeting on the subdivision, staff report on the status of sewer allocations within the Black Creek Drainage area as part
of any report on the subdivision;
(2)the applicant update the information of the 1975 Klein and Sears study (A Review of Planning Policies re Lands
bounded by Finch Avenue, Highway 400, the H.E.P.C. Right-of-Way and Jane Street), with terms of reference
established by the Acting Commissioner of Planning. Further planning studies may be required as a consequence of
this update at the discretion of the Acting Commissioner of Planning;
(3)staff, in consultation with the local Councillors, schedule a community consultation meeting; and
(4)staff prepare a final report evaluating a revised proposal and provide notice of the statutory public meeting at the
appropriate time.
Council Reference/Background/History:
1.0Proposal:
The application is to amend the zoning by-law and re-subdivide the lands west of York Gate Boulevard between Finch
Avenue and the hydro corridor to permit 220 freehold townhouse units and 775 condominium apartment units. A new
public street off York Gate Boulevard would serve the townhouses (Schedule "C"). A statistical breakdown of the
proposal is set out below:
Site Statistics |
Site Area |
82,250 square metres (8.225 ha) |
Total Gross Floor Area |
110,500 square metres (to be confirmed) |
Total Number of Residential Units |
townhouses 220 units
apartments 775 units |
Proposed Density |
2.48 FSI for apartment area
0.65 FSI for townhouses
Total: 1.34 FSI |
Parking Required |
townhouses: 440 spaces
apartments: 1,162 spaces
Total: 1,602 spaces |
Building Height |
townhouses: 2 storeys
apartments: information not provided |
2.0Location and Existing Site:
The site is located on the north side of Finch Avenue West between York Gate Boulevard and Norfinch Drive and is
bounded on the north by a hydro corridor (Schedule "B"). The site is currently vacant land. To the north-west is
Regina Pacis Catholic Secondary School. On the west side of Norfinch Drive are industrial lands developed with
commercial uses. On the east side of York Gate Boulevard is York Gate Mall. Fronting on the south side of Finch
Avenue is a 5 storey office-medical building and a 3 storey retirement home with semi-detached dwellings located at
the corner of Elana Drive. At the south-west corner of Finch Avenue and Jane Street is a commercial plaza. Further
west on the south side of Finch Avenue between Oakdale Road and Highway 400 is Humber River Regional Hospital.
3.0Previous Applications:
The site has been the subject of several previous applications, approvals and Ontario Municipal Board decisions dating
back to 1975 which include the commercial lands east of York Gate Boulevard. A summary of the main applications
relating to the site can be found in Appendix "A". While past applications have been for 1,296 residential units and
school sites, Council and OMB decisions have only approved implementing zoning for 436 dwelling units and 2
school sites.
4.0Planning Controls:
4.1Official Plan:
The site is designated Residential Density 4 (RD4) which permits townhouses and high rise apartment buildings,
public facilities and amenities, community institutions and minor commercial uses ancillary to or serving the local
population. The maximum density is 1.5 FSI. The site is also subject to site specific policy Part C.9.114 which permits
a total of 1,296 dwelling units on the lands between York Gate Boulevard and Norfinch Drive south of the hydro
corridor (Schedule "A").
The lands east of York Gate Boulevard are generally designated Commercial and developed with a shopping centre. A
portion of the land abutting the hydro corridor east of York Gate Boulevard is designated RD4 with a site specific
policy C.9.111 permitting the land to also be used for non-required parking for the shopping centre on the adjacent
lands and permitting community centre uses in the shopping centre. Both the RD4 and Commercial lands are identified
as a sub-centre on Schedule "A".
4.2Zoning:
The lands adjacent to the hydro corridor and York Gate Boulevard are zoned RM6 while the remainder of the site is
zoned RM2 (Schedule "B"). The site as well as the lands east of York Gate Boulevard are subject to By-law 30200 (as
amended by by-law 32765). By-law 30200 as amended sets out the following for the site:
- on the RM6 zoned lands, the only uses permitted are 2 apartment buildings of 26 and 29 storeys with 436 units, and
a recreation centre, with a maximum gross floor area of 279% of RM6 land area.
- the remainder of the site is zoned RM2. The RM2 zone permits single detached, semi-detached and duplex
dwellings, recreational uses such as parks and community centres, and institutional uses such as schools and places
of worship subject to the requirements of the RM2 zone.
By-law No. 30200 as amended, also applies to the lands east of York Gate Boulevard (see Appendix "B").
4.3Release of Part Lot Control
In 1981, Council passed By-law No. 28073 releasing part lot control on the site comprising Registered Plan M-1994.
This enables the lots to be conveyed without obtaining land division approval from the City. Each new lot or block
created would be required to comply with its zoning and to have frontage on a street. The land could be conveyed for
single detached, semi-detached or duplex dwellings.
Comments and/or Discussion and/or Justification:
5.0Other Department Comments:
Comments on the current development application have been received from a number of departments and agencies. A
summary of the comments is attached as Appendix "C". Generally, there are transportation, community facility and
school services matters that should be addressed. We anticipate receiving further comments from these departments
and agencies based on a revised development concept for this site.
6.0Planning Issues:
6.1Previous Planning Study
In 1975, the City retained the firm of Klein and Sears to undertake a review of the planning policies for the site. The
major findings of the study were as follows:
- The area has experienced a high rate of growth, however, public facilities and services have not developed at the
same rate as the population has increased.
- The park provisions do not meet the recreation needs of the area and there is a lack of commercial recreation
facilities in the area.
- There is a need for additional school facilities in the area and a park should be located adjacent to the proposed
school facilities.
- The proposal for 1,296 residential units would severely overload the major road intersections along Finch Avenue
in the vicinity of the site The study also concluded that intensive redevelopment of the site would require major
improvements to Highway 400 such as additional interchanges. The study concluded that "the traffic conditions in
the area are serious enough to require major traffic improvements before major development could take place on the
lands".
In order to provide for a suitable gradation between the existing low rise residential area to the north, the study
suggested that high rise condominium development be located along the Finch Avenue portion of the site and low rise
row housing adjacent to the hydro corridor. This would provide a better physical relationship with the housing to the
north and provide an opportunity for integrating the family portion of the development with the residential
neighbourhood to the north. This would also help link the parts of the community divided by the hydro corridor
providing for a visual link to the north.
The study concluded that while residential development on the lands is desirable and should be encouraged, no
intensive development should occur until major improvements are made to the traffic, school and recreation situations
in the area.
Development of the site has not proceeded and these findings have not been revisited for 23 years.
In 1986, the City entered into an agreement with Elderbrook Developments Ltd. which states that the City is to
undertake a planning study prior to the approval of any new development beyond the 436 dwelling units. The study is
to review the land use policies in the area and compare the results with the 1975 Klein and Sears study. An
independent City Planning Department study of this area is not a current budget item. So as to enable a development
proposal to be reviewed at this time, it is important that the applicant update the information of the 1975 Klein and
Sears study (dealing with such areas as development and population growth, schools, social services, recreation and
traffic) with terms of reference established by the Acting Commissioner of Planning. Any further analysis which the
update recommends, should be done at the discretion of the Planning Department as may be required for a final report.
6.2Land Use and Density:
It is now 23 years since the first application was submitted for the lands for residential development. Since that time, a
number of changes have occurred in the planning context for the area. Part of the site was sold to the Metro Separate
School Board and developed with a secondary school. Commercial uses including an office building and hotels have
developed to the west along Norfinch Drive. The lands to the east between York Gate Boulevard and Jane Street have
developed with a shopping centre. The lands at the four corners of Jane Street and Finch Avenue are designated as a
Sub-Centre. It is appropriate to review the planning policies for this site.
While the Official Plan policy permits a total of 1,296 dwelling units, the as-of-right zoning only permits 436 dwelling
units. The proposal for 995 dwelling units is less than the 1,296 dwelling units permitted under the Official Plan, but is
a significant increase above the existing zoning permission. The development proposal is for an overall density of 1.34
FSI which is within the general limit of 1.5 FSI permitted by a RD4 designation.
Since the adoption of the site specific policy for this property, the City has adopted new housing policies in its Official
Plan. The Official Plan includes housing objectives for the development of residential areas:
- intensified development should occur where it can be accommodated by hard and soft services and should be
compatible with surrounding development.
- new housing should achieve a high standard of urban design and enhancement of streetscape through the avoidance
of excessive size, scale or mass.
- the scale and density of new development should be contingent upon the physical capability of the lands to support
the development and on the impact upon transportation and community services and facilities and the establishment
of satisfactory physical and functional relationships with adjacent land uses.
While past plans for these lands proposed six high rise apartment buildings, the 1979 OMB decision provided an
opportunity to weigh the success of the first intensification proposal as built before further rezonings are considered.
Since no development of the lands has occurred, the appropriate tests to apply are the current housing policies of Part
C.4 of the Official Plan.
The Official Plan acknowledges that it is desirable to encourage a shift from high rise towers to a more balanced mix
of housing types. The Plan directs major residential development to those areas in the City identified as potential
reurbanization areas. This site is not identified as a potential reurbanization area.
The site is located in the Black Creek Residential Community. On the north side of the hydro corridor is a low density
residential neighbourhood comprised of single detached and semi-detached dwellings and low rise apartments. This
provides a context which works well in which to reconsider the residential extension to this site.
The type of housing appropriate for this site should be reconsidered. This report recommends lower density residential
development which can be pre-zoned to an appropriate exception zone to permit a broad range of housing. This could
complement the low density residential community to the north and knit the lands north and south of the hydro
corridor together.
The zoning should provide certainty that the development is low density built form but provide flexibility to respond
to the market demand for privately owned single detached, semi-detached or townhouse development. Similar zoning
strategies have recently been approved on the Wittington site along Avondale Avenue frontage. The City recently also
approved zoning for small lot residential development on the old Bridgehome site providing for lot frontages of 7
metres (23 ft.) for semi-detached and townhouse units, and 9 metres (30 ft.) for detached homes, as well as shallower
lot depths of about 23 metres (75 ft.). A similar approach can be designed with the applicant for this site.
Finch Avenue is a major arterial road with lands at the intersection of Jane and Finch designated as a sub-centre for a
mix of uses. Redevelopment of the Finch Avenue frontage with a broader range of uses including medium rise
apartments, commercial uses, medical and health care related uses would support a pedestrian environment along the
street, would be in keeping with the mixed use nature of the lands in the vicinity of the site, and capitalize on the
reinvestment potential that will accompany the expansion of the Humber River Regional Hospital. A mix of uses along
Finch Avenue would promote animation and vitality in the area providing places for people to live and work. Under
this option, the Finch Avenue frontage would be designated Arterial Corridor Area and pre-zoned with holding zone
regulations as set out in the official plan.
Community facilities are an integral part of a successful residential area. Past studies have noted the need for
additional community facilities. With the potential for residential infill of this large site, it is appropriate to encourage
the provision of public and private community facility uses. This could be oriented along the Finch Avenue frontage or
incorporated within a new residential subdivision.
Encouraging a mix of low rise residential and community uses will result in a lower number of dwelling units than the
1,296 units permitted by the Official Plan.
6.3Built Form:
A reduction in the number of dwelling units will enable a reduction in the height of buildings to a more desirable level.
It provides for a pedestrian scale of development along Finch Avenue. The heights of two permitted residential
buildings of 26 and 29 storeys is the product of a suburban style of towers in the field reflecting a different time and
context. Today, it is recognized that a more ground oriented built form along public roads with a more sensitive
pedestrian scale is safer, and more attractive. When combined with pedestrian intensive uses on the ground floor along
main streets, this form results in an enriched public realm.
For these reasons, a maximum height of 2 storeys for single detached and semi-detached dwellings and 2 to 3 storeys
for townhouses or other multiple attached grade related units should apply across the site. If an Arterial Corridor Area
option is selected for the Finch frontage, a maximum height of 6 storeys should apply to the frontage lands in keeping
with the Arterial Corridor Area policies of the Official Plan.
6.4Jane and Finch Streetscape Design
In June 1997, Council adopted in principle the Jane and Finch streetscape preliminary design concept. The streetscape
design pertains to the public boulevards along Finch Avenue West adjacent to this site. The proposed streetscape
design includes elements that would break the monotony of the large flat surfaces and provide some vertical features
that will give the area a stronger edge. Tree planting, wider and decorative sidewalks, seating areas and pedestrian
lights are elements that are proposed for the public space. A consultant is to be hired this fall to develop an
implementation strategy, do a detailed design, and produce drawings of the streetscape design. Any development along
the Finch Avenue frontage of this site should complement and support the streetscape design concept.
6.5Transportation
A traffic impact study is required which accounts for:
- traffic operations at the major road intersections in the area;
- traffic operations along Finch Avenue, York Gate Boulevard and Norfinch Drive;
- the requirements of access to the site in the context of the arterial road network;
- traffic operations of any new streets proposed to serve the development; and
- the traffic generated by future development within the area including the implications of the Humber River
Regional Hospital expansion along Finch Avenue.
The applicant is encouraged to meet with transportation staff prior to commencement of the study to determine the
terms of reference of the traffic impact study.
6.6Community Services and Facilities:
The Official Plan includes policies encouraging residential intensification provided there are community services and
facilities to support the development. In the past, a concern raised with the proposal for 1,296 dwelling units on this
site was the lack of sufficient community services, school and recreational facilities. The development proposal once
revised will be assessed to determine its impact on existing community facilities including parkland, schools, libraries,
emergency services, child care and recreational facilities. A change in the type of residential development proposed for
this area to low rise residential units could affect the demands placed for additional community services and facilities.
The Toronto Catholic School Board has indicated that they would like to acquire additional lands for Regina Pacis
School for outdoor play space. There may be opportunities for public acquisition of lands which encourage
consolidated and shared community and recreational facilities and parkland between one or both school boards and the
City.
Staff will work with the Parks and Recreation staff, the School Boards and other community agencies to develop ways
in which to address community facility and school desires.
6.7Development Principles:
Based on the above discussion, the following urban design principles should be applied in guiding any new
development of these lands:
(i)a public road network should divide the site into smaller development blocks to accommodate freehold
development and provide for street connectivity so as to increase accessibility and safety;
(ii)an articulated built form massed to support pedestrian scale development along Finch Avenue and other streets is
encouraged;
(iii)there should be a variety of low density residential building types including single detached dwellings,
semi-detached dwellings, and 2 to 3 storey townhouses or similar multiple attached grade related dwelling units;
(iv)a variety of small lot configurations should be permitted, including wider lot frontages with shallower lot depths
and/or narrower lot frontages with greater lot depth;
(v)there should be no parking in the front yard for development along Finch Avenue; parking should be provided
underground or at the rear accessed from the internal street network;
(vi)development along the Finch Avenue frontage should complement and implement the Finch Avenue Streetscape
Design Concept;
(vii)along the Finch Avenue frontage, consideration should be given to the following additional guidelines for any
ACA built form development:
(a)provide for maximum building heights of 6 storeys;
(b)encourage retail and commercial uses at grade to address the arterial road frontage and provide animation at the
street level;
(c)Provide service access to development through a new public road.
7.0Community Consultation
Staff are committed to working with the community in an effort to resolve issues related to redevelopment of this site.
Plans for community consultation are being coordinated with the two local Councillors with the community
consultation meeting to be held in the fall prior to a final recommendation report. In 1987, Council approved a motion
that a 1,000 ft. notice circulation area be used for any future rezoning of the RM2 lands. Based on this Council
approved motion, rather than use the standard 400 feet notice area, we will use the 1000 ft. radius for any notices
relating to this application.
Conclusions:
This report recommends principles to guide the development of the lands at Finch Avenue West and York Gate
Boulevard based on low density residential uses including small lot single detached and semi-detached dwellings and
townhouses with possible consideration for a broader range of uses and intensified development along the Finch
Avenue frontage. The principles of development for this site should be agreed upon now to set the stage for a more
detailed development application recommendation report. The applicant should revise their proposal so that it
implements the principles set out in this report. Community consultation will be coordinated with the two local
Councillors prior to a final report.
Contact Name:
Nimrod Salamon, Senior Planner
Phone: 395-7134Fax: 395-7155
(A copy of the schedules, appendices, draft official plan amendment, draft zoning by-law amendment and site plan
referred to in the foregoing report is on file in the office of the City Clerk, North York Civic Centre.)
The North York Community Council reports, for the information of Council, having had before it during the
consideration of the foregoing matter, the following communications:
(i)(July 21, 1998) from Ms. Lindsay Dale-Harris, Bousfield, Dale-Harris, Cutler and Smith Inc., Planning Consultant
on behalf of the applicant requesting the Community Council to direct that no further studies will be required,
provided that the total number of units does not exceed 436; and
(ii)(July 20, 1998) from Ms. Ruth Morris, Executive Director, Black Creek Focus, advising of her concerns with the
proposed application.
Ms. Lindsay Dale-Harris, Bousfield, Dale-Harris, Cutler and Smith Inc., Planning Consultant on behalf of the
applicant, appeared before the North York Community Council in connection with the foregoing matter.