Zoning Study UD43-KIR - South Side of Kirby Road -

North York Humber

The North York Community Council, after considering the written submissions and based on the findings of fact, conclusions and recommendations contained in the following report (June 11, 1998) from the Acting Commissioner of Planning, North York Civic Centre, recommends that the lands fronting on the south side of Kirby Road, shown on Schedule A of the aforementioned report, be rezoned from RM5 to R5.

The North York Community Council reports having held a statutory public meeting on September 16, 1998, with appropriate notice of this meeting, in accordance with the Planning Act.

The North York Community Council submits the following report (June 11, 1998) from the Acting Commissioner of Planning, North York Civic Centre:

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".

Recommendation:

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 No. 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: 395-7136

Fax: 395-7155

(A copy of the schedules referred to in the foregoing report is on file in the office of the City Clerk, North York Civic Centre.)

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The North York Community Council also reports having had before it during the consideration of the foregoing matter, a communication dated September 2, 1998, signed by 9 property owners on Kirby Road, requesting that Kirby Road be rezoned to R5.

No individuals appeared before the North York Community Council in connection with the foregoing matter.