Zoning Amendment and Site Plan Application

UDOZ-98-04 and UDSP-98-015 -

Oxford Hills Developments (Horsham) Inc. -

24, 26, 36, 38 and 44 Horsham Avenue - North York Centre

The North York Community Council, after considering the deputations and based on the findings of fact, conclusions and recommendations contained in the following reports (July 7, 1998) from the Acting Commissioner of Planning, North York Civic Centre, and Supplementary Report No. 1 (September 23, 1998) from the Director, Community Planning, North District, and for the reasons that the proposal is an appropriate use of the lands, recommends that the application submitted by Oxford Hills Developments (Horsham) regarding Zoning Amendment and Site Plan Application for 24, 26, 36, 38 and 44 Horsham Avenue, be approved subject to the conditions outlined in the referenced supplementary report and subject to the following:

(1)that Recommendation (1) (b) of the supplementary report be amended to read as follows:

"the Owner has paid to the City in cash or certified cheque or other means acceptable to the Chief Financial Officer and Treasurer, the Yonge Centre Development Charges in accordance with Council policy as amended from time to time.";

(2)that the requirement relating to the 6 metre strip of land referred to in Recommendation (1) (c ) of the supplementary report be incorporated as part of the site plan agreement; and

(3)that the requirements of the Park and Recreation Division of the Economic Development, Culture and Tourism Department, referred to in Recommendation (1) (d) of the supplementary report be fulfilled prior to final approval of the site plan by the the Director, Community Planning, North District.

The North York Community Council reports having held a statutory public meeting on October 14, 1998, with appropriate notice of this meeting, in accordance with the Planning Act.

The North York Community Council submits the following Supplementary Report No. 1 (September 23, 1998) from the Director, Community Planning, North District:

Purpose:

The purpose of this report is to table a revised draft by-law for the Public Meeting on the Horsham application and to report on revised recommendations from the Economic Development, Culture and Tourism Department with respect to park requirements . The applicant is seeking zoning on the lands located at 24, 26, 36, 38 and 44 Horsham Avenue, which would allow for redevelopment of the site for 16 townhouses. A report on this proposal was received by the North York Community Council on July 22, 1998. The public meeting is scheduled for the October 14, 1998 North York Community Council meeting.

Financial Implications:

Not applicable.

Recommendation:

It is recommended that the application be approved with the revised conditions attached as Appendix 1 to this report.

Background:

Technical modifications have been made to the draft by-law consistent with the intent of the report considered at the July 22, 1998 meeting of North York Community Council. A revised by-law has been prepared which clarifies the recommended parking standard and revises the building envelope to reflect the revised building setbacks from Horsham Avenue.

Revised comments have been received from the Economic Development, Culture and Tourism Department (see Schedule "B") which recommend the acceptance of cash in lieu of parkland.

Discussion:

The draft by-law which was appended to the staff report which was received by Community Council on July 22, 1998, has been revised by making a minor clarification to the parking standard so that it reads "A total of 25 parking spaces shall be provided of which 4 parking spaces shall be for the use of visitors". In addition, the applicant has submitted a revised site plan to reflect the building setback conditions of site plan approval.

Conclusions:

The revised by-law attached as Schedule "A" to this report reflects minor revisions to the by-law for this application. This by-law, along with the report received by Community Council on July 22, 1998, should be considered at the statutory public meeting for this application on October 14, 1998.

Contact Name:

Nimrod Salamon, Senior Planner

North York Civic Centre

Telephone: (416)395-7134

The North York Community Council also submits the following report (July 7, 1998) from the Acting Commissioner of Planning, North York Civic Centre:

Purpose:

The purpose of this report is to recommend the approval of the proposed development of the properties at 24 to 44 Horsham Avenue. The applicant is seeking to amend the Zoning By-law to permit a 16 unit 3 storey freehold townhouse development.

Recommendations:

It is recommended that the application be approved subject to the following:

(1)staff be directed to do all things necessary to ensure that at the time of the enactment of any zoning by-law, the following conditions have been satisfied:

(a)an implementing zoning by-law which generally complies with the draft by-law attached as Schedule "F" to this report has been perfected;

(b)the Owner has paid to the City in cash or certified cheque, the Yonge Centre Development Charges in accordance with Council policy as amended from time to time;

(c)a 6 metre strip of land at the west end of the site as shown on Schedule "C" has been conveyed to the City free and clear of all encumbrances; all necessary easements as may be required to provide access to the development site shall be granted to the satisfaction of the City Solicitor until such time as the Uptown Service Road is constructed;

(d)the Owner has made arrangements satisfactory to the Economic Development, Culture and Tourism Department (Parks and Recreation Division) and Acting Commissioner of Planning to fulfill the conditions as set out in Schedule "G";

(e)the Owner has acknowledged and agreed that prior to the issuance of any building permit, the following condition will be required to have been met:

(i)that they shall pay to the City in cash or certified cheque, on or before building permit issuance, the City-wide and Hydro Development Charges, the Sewer and Water Services Development Charge, and the Sheppard Subway Development Charge, in accordance with Council policy as amended from time to time; and

(f)the Owner has submitted a letter of undertaking stating that the new townhouse lots will not be conveyed until the zoning by-law is in force;

(2)prior to enactment of the zoning by-law, the Acting Commissioner of Planning shall have granted site plan approval with the conditions generally described in Appendix "B";

(3)at the appropriate time, a by-law releasing part lot control on the site shall be brought forward; and

(4)prior to releasing part lot control on the site, the applicant shall have

(a)submitted a letter of undertaking stating that upon the sale or transfer of the last parcel of land, the City will be advised in order that the part lot control exempting by-law may be revoked; and

(b)prepared a maintenance agreement for the common features of the development, satisfactory to the City Solicitor, all of which will form part of the undertaking to the City;

Council Reference/Background/History:

1.0Proposal:

The application proposes an amendment to the zoning by-law and site plan approval to permit the construction of a 16 unit, 3 storey freehold townhouse development. A statistical breakdown of the proposal is set out below:

2.0Location and Existing Site:

The site is located on the north side of Horsham Avenue just west of Canterbury Place and has an area of 0.28 hectares. The lands comprise 5 residential lots with a single detached dwelling on each lot.

On the abutting lands to the north fronting Hounslow Avenue is a townhouse development of 15 units. To the west and south of this site are single detached dwellings. Directly east of the site is a 2 storey Children's Aid facility and church. To the north-east at the corner of Horsham Avenue and Yonge Street is a 22 storey apartment building and 4 storey stacked townhouses.

3.0Planning Controls:

3.1Official Plan:

The site is located within the Uptown of the North York Centre. The site is designated Uptown Residential 2 which permits residential uses at a maximum density of 2.6 FSI as shown on Schedule "A". Commercial uses are not permitted. The proposal conforms with the Official Plan and no Official Plan amendment is required.

3.2Zoning:

The site is zoned R4 (One Family Detached Dwelling Fourth Density Zone) which generally permits single detached dwellings as shown on Schedule "B". The applicant has requested a zoning change to RM1 exception to permit townhouses.

3.3Site Plan:

The Site Plan approval proceeds concurrently with the rezoning process for the North York Centre development applications. The applicant has submitted a Site Plan application and has provided detailed drawings to enable evaluation of the application. The Acting Commissioner of Planning is delegated authority to approve site plan drawings and conditions of approval and is prepared to do so with Community Council consideration of this report. Site plan considerations are outlined in Appendix "A" and the recommended conditions of Site Plan approval are listed in Appendix "B".

Comments and/or Discussion and/or Justification:

4.0Other Department Comments:

This section summarizes significant comments received from the departments and agencies to which the application was circulated.

The Economic Development, Culture and Tourism Department (Parks and Recreation Division) has indicated that the application is subject to an on site parkland dedication of 170 square metres. The Division is discussing with the applicant opportunities to acquire off site land for parks in the area. In addition, the applicant will be required to execute a Tree Preservation Agreement prior to the enactment of the by-law. The comments are outlined in Schedule "G".

The Works and Emergency Services Department (Public Works) has indicated that this application will form part of the sanitary sewer allocation upon enactment of the zoning by-law. The applicant is to convey to the City lands for the future Uptown Service Road. A number of Public Works conditions are discussed in Schedule "H". All conditions of approval are being fulfilled through conditions of site plan approval.

The Works and Emergency Services Department (Transportation) has recommended a parking mix of 21 resident parking spaces plus 4 visitor spaces. There are several comments regarding site plan issues which are outlined in Schedule "I". All conditions of approval are being fulfilled through the draft zoning by-law and conditions of site plan approval.

The Public Health Department has advised that there are no outstanding Public Health requirements pertaining to this site. Their comments are attached as Schedule "J".

The Toronto District School Board has advised that the anticipated students from the proposed development can be accommodated at the elementary and secondary schools serving this development, however they cannot be accommodated at Willowdale Middle School and alternative accommodation arrangements will be required for those students. Their comments are attached as Schedule "M".

The Toronto Catholic School Board has indicated that while the Board does not object to the proposal, it has concern regarding the lack of permanent facilities and overcrowding at the two secondary schools serving this development. Their comments are attached as Schedule "N".

5.0Community Consultation:

A community consultation meeting was held on April 22, 1998 attended by approximately 45 people. The following is a summary of the key issues that arose from the meeting:

• Need for visitor parking spaces on the site to alleviate concerns of on-street parking.

• Safety concerns relating to the Horsham/Canterbury intersection due to the speed of cars as well as the unusual road configuration.

• Impacts during construction - work hours and truck parking.

• How to ensure maintenance and upkeep of common areas.

• Construction of the Service Road is uncertain.

• Provide for a well articulated building.

• Ensure that houses to the west do not need to change their street address due to the proposed infill development.

A further meeting was held with residents, planning and transportation staff on June 4, 1998 to address the above concerns. Key questions that were addressed at that meeting, in addition to those expressed previously, were:

• There was a consensus among the residents that 25 parking spaces should be provided of which 6 would be for visitors.

• The City should examine intersection improvements at Horsham Avenue and Canterbury Place in order to address safety concerns.

• The location of truck parking during construction should be determined.

This report discusses ways in which the overall supply of parking has been increased to meet these community concerns. In addition, the Works and Emergency Services (Transportation and Public Works staff) are in the process of preparing a report on the improvement of the Horsham and Canterbury intersection as a local road improvement.

Also arising out of the community meeting, the owner of 50 Horsham Avenue and the applicant have entered into discussions with respect to the fencing of this property during the construction period and until such time as their property is acquired for construction of the service road. Conditions of site plan approval have addressed the requirements for 1.8m construction fencing and the applicant and the property owner are discussing more permanent fencing options that may be desirable.

The question of the implementation of the Uptown Service Road was raised at this community meeting and also at the June 14, 1998 meeting of Community Council during its consideration of UDZ 96 30 (Harry Snoek). At that meeting, Community Council directed that staff bring forward a plan for the service road. This report is scheduled for the July 22, 1998 Community Council agenda.

6.0Planning Issues:

6.1Land Use:

The proposed townhouses are in keeping with the permitted uses of the Official Plan designation on the site.

6.2Density:

The maximum permitted density on the site is 2.6 FSI. The proposed development is at a density of 1.1 FSI.

6.3Site Context:

The Official Plan permits a maximum height equal to 70 percent of the distance from the Relevant Residential Property Line (RRPL) for the east half of the site, and equal to 50 percent of the distance from the RRPL for the west half of the site. The proposal for 3 storey townhouses represents a lower height than the maximum permitted under the Official Plan and would have a similar height to the existing townhouses on the abutting lands to the north (Schedule "E"). The proposed townhouses complement the existing development to the north with the townhouse units located along the front and garages and a driveway along the rear of the property. Final site plan drawings will also coordinate the grade considerations of the two development sites and the way in which both can effectively access the Uptown Service Road in the future.

6.4Urban Design

The applicant has provided detailed drawings to enable evaluation of the application in the context of the environment and urban design objectives of OPA 447. The proposal generally conforms to the urban design policies of the Official Plan. The proposed townhouses provide a good transition to the stable residential area to the west. The proposal also provides a positive streetscape and built form treatment.

6.5Transportation:

6.5.1Service Road:

The Uptown Service Road is planned to accommodate the ultimate levels of development permitted by the North York Centre Plan for the Uptown. The applicant will be required to pay Yonge Centre Development Charges, a portion of which is allocated for the construction of the Service Road.

Part of the site is located in the Uptown Service Road. The Transportation Department has advised that the applicant is required to convey a 6 metre wide strip of land along the west side of the site to the City, as shown on Schedule "C". The lands will be held by the City until such time as the remainder of the lands to the west are obtained for the Service Road. The owner is to enter into an easement agreement with the City permitting temporary driveway access to this development from Horsham Avenue until the Service Road is constructed after which the temporary driveway will be removed and access obtained off the Service Road. The Transportation Department has recommended that the proposed future driveway be not less than 6.0 metres from the north property line so that adequate driveway spacing is attained along the Service Road.

6.5.2Parking:

The City Centre Parking Policy for residential uses is minimum 1 space to maximum 1.4 spaces per dwelling unit of which 0.1 spaces per dwelling unit is for visitors. For this development application,

this parking rate results in a maximum of 22 parking spaces of which 1 space is for visitors. At the community meetings, residents expressed concern that a lack of sufficient visitor parking might result in on-street parking. Some of the concerns stem from the existing townhouse development to the north on Hounslow Avenue where it appears that some of the units were occupied before all the garages and visitor spaces were completed.

The North York Centre Parking standard applies to all residential units without differentiation as to the type of residential development. The proposed development is for freehold townhouses and there are no opportunities for shared parking between uses. Transportation staff is recommending that a total of 25 parking spaces be provided of which a minimum of 4 spaces are for visitors. This is reflected in the draft by-law (Schedule "F"). The consensus of the residents at the community meeting was that a total of 25 parking spaces should be provided of which 6 spaces should be set aside for visitors.

In order to ensure that no townhouse unit receives occupancy prior to the unit's parking space and garage being constructed, a condition has been included in the Site Plan Recommendations (Appendix "B") that sets this out.

6.5.3Intersection Improvements

At the community meetings, residents raised questions surrounding the road configuration at Horsham Avenue and Canterbury Place (Schedule "B"). Their concerns relate to the design of the intersection and the speed of traffic.

It should be noted that the road configuration has been in existence for quite some time. The application has little bearing on the road operation at this location. Notwithstanding, in light of the residents bringing their concerns to the attention of staff, a review of the collision records has been undertaken. There is only one incident reported over a three year period. This does not necessarily warrant the redesign of the intersection. However, as the area will be undergoing construction associated with the development, staff of the Works and Emergency Services Department are reviewing the possibility of a redesign of the intersection which, if approved, could occur within the 1999 construction year.

6.6Release of Part Lot Control and Maintenance of Common Areas

The applicant is requesting release of part lot control in order that the proposed townhouse development may be conveyed into 16 separate dwelling units.

On October 18, 1995 Council adopted policy recommendations regarding the approval requirements for part lot control exemption. The policy requires that the applicant submit a letter of undertaking stating that upon the sale or transfer of the last parcel of land the City will be advised in order that the exempting by-law may be revoked. The letter of undertaking shall also state that the new townhouse lots will not be conveyed until the zoning by-law is in force.

A number of residents questioned how common areas are to be maintained on the site. The proposed development is freehold townhouses but to be served by a common driveway. The applicant will be required to enter into an agreement with the City requiring the unit owners to jointly maintain the common elements (mutual driveway, drainage, hard services) and requiring mutual easements giving mutual rights-of-way to again access over other unit owners lands. This agreement is to be registered on title guaranteeing that the owners and their successors will be responsible for the provision, construction, maintenance and repair of the common elements. The applicant has indicated that an association will be created for this development of 16 owners with an agreement registered on title as to its operation and maintenance of common driveway areas of the development.

It is recommended that prior to release of part lot control on the site, the applicant shall have prepared a maintenance agreement for the common features of the development, satisfactory to the City Solicitor. This has been included in the recommendations of this report.

6.7Community Services and Facilities:

6.7.1Parkland

The Parks and Recreation Division has calculated the parkland dedication requirement using the OPA 447 standard of .6 hectares per 560 dwelling units which results in an on site parkland conveyance of 170 square metres. Parks staff are working with the applicant to acquire an off-site parkland dedication. In the absence of an off-site dedication, the City retains the right of 5 percent cash-in-lieu. This site is adjacent to the West Willowdale Community which is indicated in the Parkland Acquisition Strategy as having a parkland supply of 1.32 hectares per 1,000 population, which is above the 1 hectare per 1,000 population parks standard.

6.7.2Private Amenity Space

The applicant proposes to provide a small private outdoor recreational space area for each of the 16 proposed freehold townhouses. The private and common outdoor recreational space will be perfected through the site plan approval process.

Conclusions:

The proposal to develop the lands on the north side of Horsham Avenue just west of Canterbury Place with a 16 unit 3 storey townhouse development is appropriate development which is consistent with the policies of the North York Centre Plan. The proposal complements the existing townhouse development on the abutting lands to the north and provides a good transition to the residential lands to the west. The applicant is contributing lands for the future Service Road.

Works and Emergency Services Department staff are examining options for improvements to the Horsham and Canterbury intersection that will address existing traffic concerns brought forth by area residents.

In accordance with Council policy, a Site Plan application has been processed concurrently with the rezoning application. The applicant has provided detailed plans and drawings that demonstrate the proposal satisfies the urban design policies of the North York Centre Plan.

Contact Name:

Nimrod Salamon, Senior Planner

Phone: 395-7134Fax: 395-7155

(A copy of the Schedules and Appendices referred to in the foregoing reports 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 communications (October 13, 1998 and September 29, 1998) from Mr. Eli Levy, the most recent of which indicated that his concerns with the builder had been resolved and he was withdrawing his objections to the project.

The following persons appeared before the North York Community Council in connection with the foregoing matter:

-Mr. Steve Mullins, who expressed concern with respect to the future extension of the ring road. In his opinion, the City must insist that the developers acquire the necessary lands for the extension of the service road otherwise this service road will never be completed. At the present time traffic is increasing primarily because the flow of traffic is northerly. The service road is needed in order to facilitate this flow of traffic to Finch Avenue. The service road also re-confirms and re-establishes the boundary between the residential area and the redevelopment area.

-Ms. Joanne Barnett, Planning Consultant, on behalf of the applicant, who addressed the concerns raised. During her submission she pointed out that one of the conditions of approval is that the applicant convey a 6 metre strip of land at the west end of the site to the City until such time at the Uptown Service Road is constructed.