Official Plan and Zoning Amendment Application and

Part Lot Control Exemption By-law Application

UDOZ-98-01 and UD 54 98 11 REL - B.Y. Group Ltd. -

111 Barber Greene Road - Don Parkway

The North York Community Council, after considering the deputations and based on the findings of fact, conclusions and recommendations contained in the following report (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 B.Y. Group Ltd. regarding Official Plan and Zoning Amendment for 111 Barber Greene Road, be approved subject to the conditions outlined in the report:

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 report (September 19, 1998) from the Director, Community Planning, North District:

Purpose:

The purpose of this report is to recommend approval of the Official Plan, Zoning By-law and Part Lot Control Exemption applications to permit 29 townhouses at the corner of Barber Greene Road and Overland Drive, as shown on Schedule C.

Recommendations:

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

Official Plan Amendment

1)the North York Official Plan be amended to:

a)redesignate the site from Industrial to Residential Density Two (RD2); and

b)include the site within the Don Mills Residential Community;

Zoning By-law Amendment

2)the Zoning By-law be amended to zone the site RM1(24) to permit only multiple attached dwellings units and accessory uses, subject to the following exceptions:

a)maximum of 29 multiple attached dwelling units shall be permitted;

b)maximum lot coverage for all buildings shall be 30 percent;

c)the minimum yard setbacks and minimum distance between buildings shall be as shown on Schedule C;

d)maximum building heights shall be 8.8 metres and 9.2 metres for 2 and 3 storey units respectively in the locations, as shown on Schedule C;

e)a minimum of two parking spaces shall be provided per dwelling unit;

f)the minimum lot area, lot frontage and landscaping provisions shall not apply;

g)the front wall of the multiple-attached dwelling units facing Barber Greene Road and the Private Lane may project a maximum of 1.5 metres into the required front yard, provided that the projection has a maximum width of 4 metres; and

h)the Neighbourhood Map (Schedule Q) shall be amended to include the site within the Overland neighbourhood;

Part Lot Control Application

3)a by-law for the release of part lot control shall be enacted when the following conditions have been met:

a)the applicant has deposited a reference plan reflecting this proposal with the Registry Office; and

b)the applicant has agreed to advise the City upon the sale or transfer of the lands so that the exempting by-law can be repealed; and

General Conditions

4)during the site plan review, the applicants shall ensure that the conditions listed on Schedule P to this staff report are resolved.

Background:

Proposal

The applicant has proposed 29 townhouse units as shown on Schedule C. The development would consist of a combination of 2 and 3 storey units. Along the Barber Greene frontage, 12 units with driveway access are proposed to access directly onto the street, 5 units would front onto Overland Drive and the remaining 12 units would front onto a private lane. The applicant has indicated that they will be proceeding with a condominium application for the 12 units which front onto the private lane. The remaining units which are proposed to front onto existing public streets are to be freehold with the lots being created by a release of part lot control. Site statistics are as follows:

The applicant has referred both the Official Plan and Zoning Bylaw amendments to the Ontario Municipal Board for a hearing on the basis that Council did not make a decision on the applications within 90 days. The application was originally submitted on January 20, 1998.

Official Plan and Zoning:

The site is designated Industrial by the North York Official Plan and is zoned M2, MOF(H) by By-law No. 7625. A recent City-wide industrial review applies new industrial policies and rezones the lands to M1. The recent Official Plan Amendment and zoning by-law amendment are awaiting approval by the Ontario Municipal Board. The proposal requires an amendment to both the Official Plan and the Zoning By-law to permit residential uses.

The lands also lie adjacent to the Central Don Mills Secondary Plan which includes the residential community of Don Mills and divides the area into four discrete low density residential neighbourhoods.

Comments For Other Departments and Agencies:

The following is a summary of relevant comments received from City departments and outside agencies received for the Official Plan and Zoning By-law applications:

Works and Emergency Services (Works) advise they have no objection to the proposal provided that their conditions attached as Schedule F are complied with.

Parks and Recreation Division advise that a 5 percent-lieu payment will be required at the time of building permit application. The applicant will be required to execute a Tree Preservation agreement prior to by-law enactment (Schedule G).

Works and Emergency Services (Transportation) advise that the traffic generated by the townhouse proposal would have a minimal impact on the existing roadway network, and that the change from industrial to residential would eliminate industrial truck traffic (Schedule H).

Public Health have no objections to the proposal provided their conditions as set out in Schedule I are met.

Canadian National Railway has indicated that they require a minimum 15 metre setback from the railway in conjunction with a safety berm (Schedule J).

GO Transit commented that if a connection between its Richmond Hill line and the CP North Toronto Subdivision line is developed, then the adjoining track could be used. However, this is only an alternative route and North York has already identified lands in the for this purpose at 39 and 45 Greenbelt Drive.

The School Boards have indicated that students from the proposed development can be accommodated (Schedule K).

Community Consultation:

A community consultation meeting was held on May 4, 1998, which approximately 50 persons attended. Following the Open House, two working group meetings were held in which specific issues and revisions to the plans were discussed. In general, the issues expressed by the group were as follows:

Density the proposed density of development was too high and the setbacks were not reflective of the existing community.

Building Heightshould be restricted to 2 storeys, reflecting the surrounding development.

Traffic and Parkingthe proposal would result in increased traffic congestion and on-street parking problems.

Streetscapetoo many driveways on Barber Greene Road.

Parklandparkland should be provided within the community to serve the increase in units.

Soil Restorationcould the soil be cleaned to an appropriate level for residential development?

A summary of comments from that meeting is appended to this report (Schedule L) as are written comment forms and letters received from the residents (Schedules M and N).

As a result of the open house and working group sessions, the applicant revised the proposal as follows:

• reduced the number of townhouse units from 31 to 29;
• redesigned the building layout so 5 units now face Overland Boulevard so that the number of units fronting onto Barber Greene is reduced from 15 to 12;
• reduced the height of the buildings to 9.2 metres in accordance with the applicable RM1 zone standards;
• reduced the number of 3 storey buildings from 17 to 12 with the 3 storey units mainly located along the private lane;
• twinned the driveways to reduce the number of connections to Barber Greene Road and increase green space;
• reduced Floor Space Index (Gross Floor Area/Lot Area) from .6 to .55, resulting in a unit density of 37.4 units per hectare (15.1 units per acre); and
• narrowed the entrances of the private laneway and the added decorative brick on that laneway to signify it is for private, not for public use and to allow for more landscaping area.

Discussion

Land use

Based upon a review of the relevant Official Plan policies, a change from Industrial to Residential is appropriate for this site for the following reasons:

• a logical and defined edge separating the proposed development from the existing office use to the south will be created by the private lane, fencing and buffer strip;

• the viability of the remaining employment lands will not be impacted given the location of the site on the periphery of the industrial area and the creation of a new boundary at the south edge of the site; and

• parkland and hard services, such as transportation and sewer capacity are available to serve this proposal.

Density, Coverage, and Setbacks

With respect to density, coverage and setbacks, the proposal complies with the standards of the applicable official plan policies and is generally consistent with the zoning standards of the RM1 zone as described below:

• the density of the proposed townhouses (.55 FSI/15.1 units per acre) complies with the official plan designation (RD2) on the adjacent lands, which permits up to 18 upa. This is also similar to the density of development existing in the area (.35 to .45 FSI);

• the proposed development has similar coverage per unit (34.7 percent) to the RM1 Zone requirements which permit 25 percent lot coverage per unit, excluding garages. The total lot coverage of the proposed development is 28.3 percent which is less than the existing warehouse which has a total lot coverage of approximately 35 percent;

• the RM1 setbacks have been maintained, or, reduced so as to be sensitive to the surrounding neighbourhood, as follows:

-7.5 metre frontyard setbacks as required in the RM1 zone have been preserved for the units which directly face the existing residential located on the north side of Overland Drive;

-reduced 6.0 metre frontyard setbacks are proposed on the Barber Greene frontage where existing residential is separated by a wider roadway. This represents a 1.5 metre reduction from the by-law requirement. As well, some minor building wall encroachments are proposed to accommodate variation in the building facades along Barber Greene Road; and

-other setback reductions are within the interior of the proposal, or face the private lane (reduced rear yards, side yards and front yards) should not impact surrounding residential. They include the following exceptions:

i)front yard (for units facing the Private Lane) - reduced from 7.5 metres to 5.5 metres with some minor building wall encroachments to accommodate variation in the building facades;

ii)rear yards - reduced from 7.5 metres to 6.5 and 6.0 metres

iii)side yards - changed from 8m to 2.7, 2.4, 1.5 and over 10 metres (exterior side yard on Barber Greene Road); and

iv)distance between buildings - reduced from 9.2 metres to 7.5 and 6.0 metres.

The above proposed yard reductions are also generally consistent with recently approved townhouse projects in the District.

Building Heights

The building heights will comply to the applicable official plan policies. Seventeen of the proposed townhouses are two storeys which is the same as development existing in the area. The three storey units have been limited to the centre of the development and along the private lane, away from existing residential. The three storey height at 9.2 metres is consistent with the RM1 zone.

Parking

Adequate parking can be provided for this proposal which meets the zoning bylaw requirements. Four parking spaces are proposed for the 3 storey units and two parking spaces for all other units. Additional visitor parking will be available on the private lane for the condominium units.

Urban Design

The private lane, open space areas and Barber Greene street frontage have been redesigned to fit within the surrounding neighbourhood as follows:

• to address neighbourhood concerns, the applicant proposes to narrow the driveway widths for the private lane at Overland Drive and Barber Greene Road from 8.5 metres to 6.0 metres. Landscaping and decorative paving would then be provided at the entrances to the development to signify it is a private roadway and to screen the roadway from view. Details of the landscaping and paving treatment will be finalized at the time of site plan approval;

• the applicant reduced the number of units from 31 to 29 to provide more open space. The development proposal now has less total lot coverage (28.3 percent) than the existing warehouse (approximately 35 percent) so more open space may be maintained within the new development. To emphasize the open space on the corner of Barber Greene and Overland Drive, substantial plantings are to be provided. The landscaping treatment of this corner will be specifically addressed as part of the site plan application; and

• to create a streetscape which reflects the open space nature of the area, the applicant reduced the number of units facing onto Barber Greene by orienting some of the units onto Overland Drive. Also, a number of driveways that access onto Barber Greene Road have been twinned to create more green space and reduce the amount of hard surfacing.

Soil Contamination

The applicant has submitted a soil's investigation report prepared by a consultant. A peer review of the report and a Record of Site Condition acknowledged by the Ministry of the Environment and verifying that the property is suitable for the proposed residential will be required at part of the site plan approval process.

Conclusions

The redesignation of the subject site from industrial to residential is therefore appropriate and the site design will fit within the context of the area.

Contact Name:

Mavis Urquhart, Planner (North York District)

Phone: 395-7106Fax: 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 a communication (October 6, 1998) from Mr. Ken Dunsmore, President, Don Mills Residents Inc. and Mr. Karl Frank, Chairman, Don Mills Residents Inc. Planning Review Committee, advising of their concerns with the application.

Mr. Julius DeRuyter appeared before the North York Community Council on behalf of the applicant and indicated that the applicant concurred with the recommendations contained in the staff report.