August 26, 1999

To:Chair and Members, Etobicoke Community Council

From:Karen V. Bricker, MCIP, Director of Community Planning, West District

Subject:Amendments to the Zoning Code

Scarlet Gate Development Inc.

200 Royal York Road

File: Z-2292(Lakeshore-Queensway)

Purpose:

To consider an application to amend the Zoning Code to permit the development of a 2 ½ -storey, 9-unit, freehold townhouse project at the north-west corner of Vanevery Street and Royal York Road.

Funding Sources, Financial Implications and Impact Statement:

City funding is not required. There are no impacts on capital or operating budgets.

Recommendation:

It is recommended that the application by Scarlet Gate Development Inc. be subject to a Public Meeting to obtain the views of interested parties and, if approved, that an amending by-law be presented to Council for adoption.

Proposal:

The applicant proposes to construct a 9-unit, 2 ½ -storey freehold townhouse project on the 0.17 ha site. The units would contain 3 bedrooms and would average 150.5 m² (1,620 sq ft) in size. The project would be located up to 1.63 m from the Royal York Road frontage, with 16 parking spaces (required and visitor) being provided at-grade, at the rear of the site and accessed via a 6.0 m wide private lane off of Vanevery Street. Separate stairs originally proposed at the front of the units to access the individual basements, have been eliminated. Access to the basements, however, would still be available at the rear of the units.

Landscaping would occur in the front yard, within the Vanevery Street boulevard and within the private rear yards of the individual units. Solid screen fencing is also proposed along the rear (west) and portions of the north property lines. The ends of the 9-unit (43.3 m/142 ft) long block would feature a hipped-roof design.

In addition to the zoning amendments, the applicant has applied for Site Plan Control approval for the project and eventually intends to seek the lifting of Part-lot Control to construct the townhouses.

Site Description And Surrounding Land Uses:

The property is located on the west side of Royal York Road at Vanevery Street, in the former Town of Mimico. The vacant site was formerly occupied by a public garage which was demolished in 1990, and is zoned Commercial, C-Mimico.

To the north of the site is the Mimico Valu-Mart food store. The front of the store is located behind the applicant's rear (westerly) property line, with parking for the store located in front of the store, up to Royal York Road. The food store is zoned Commercial, C-Mimico, as is a service station located to the north of it.

A 2 ½ -storey commercial building with residential above is located to the south of the site, along with a 2-storey commercial building and semi-detached dwellings facing Royal York Road. These properties are also zoned Commercial C-Mimico. Lands to the rear of the site, fronting onto Vanevery Street are zoned R-2 Mimico and consist of a 2 ½ -storey apartment building and a mix of one and two storey single, detached dwellings. On the opposite of Royal York Road, the lands are also zoned R-2 and C, and include the Mimico Presbyterian Church and grade-related, commercial units with residential uses on the second floor.

The adjacent mix of uses all demonstrate different relationships to the street, with the food store, and to a lesser extent, the service station having a significant setback from the street. The church and the semi-detached dwellings, also feature different setbacks.

Exhibit No. 1 is a map showing the location of the subject property and surrounding zoning. Exhibits Nos. 2, and 3 are reductions of the site plan and elevations, respectively. A summary of the site data is listed below in Table 1.

Table 1

* Based on condominium standards appended to Etobicoke Official Plan

Comments:

Official Plan:

The site is designated Commercial-Residential Strip in the former Etobicoke Official Plan, which permits a wide range of commercial and residential uses. The Plan also provides for the introduction of residential buildings on separate sites within Commercial-Residential Strips, provided the residential use does not interrupt the continuity of the commercial frontage to a significant degree.

Staff note that the existing pattern of development along this portion of Royal York Road represents a mix of separate commercial and residential uses, with no uniform street edge or definition of character. The introduction of grade-related townhouse units, located up to the streetline, would serve to enhance the street edge, implement Urban Design objectives and provide a greater degree of continuity in this area. Staff are satisfied that the proposed townhouse units would be consistent with the intent of the Official Plan policies at this location.

Zoning Code:

The site is zoned Commercial (C-Mimico) in the Etobicoke Zoning Code, which permits a range of commercial uses, as well as dwelling units over a commercial use. To permit the proposed townhouse units, a site-specific by-law amendment would be required to reflect the applicant's proposal. Any amending by-law should include standards for parking, building setbacks, floor space index and landscaped open space.

Site Plan Issues:

The massing, building placement and access are acceptable. Issues identified with respect to street trees, fencing, landscaping and sidewalk improvements would appropriately be addressed during the Site Plan review stage.

Community Planning staff discussed with the applicant possible options to introduce a commercial mix into the project, possibly consisting of at-grade retail or office related functions. The applicant's response was to introduce a second set of stairs off of Royal York Road which would lead directly to the basement of the individual units and facilitate their use as an office or other similar purpose. Given the limited opportunities for additional on-site parking, staff were concerned that this arrangement could lead to the introduction of additional residential units into the project. In addition, the recently adopted Second Suites By-law, would not allow second suites within townhouses. Consequently, the applicant has deleted the second set of stairs at the front of the units. Staff note that the Zoning Code contains policies which allow for business office uses within townhouse units, provided that they are conducted solely by means of telecommunications equipment.

With respect to tenure, staff would normally encourage such projects to be developed as Condominiums. Given that each of the units would have frontage on a public street, and the limited common elements associated with the project (rear lane and parking pad), Planning staff have no objections to the proposed freehold form of tenure for these units. It is noted that the project would comply with the recently adopted guidelines for Private Roads and Freehold Development within the City of Toronto.

Agency Comments:

Realty Services, Health Services and Canada Post have expressed no concern with the proposal.

Toronto Fire Services advises that hydrant coverage must be in accordance with Ontario Building Code requirements.

Toronto Hydro has no objection to the application, but they have identified a number of conditions to approval that the applicant will be required to meet.

Parks and Recreation Planning indicate that the project will be subject to a five percent cash-in-lieu of parkland dedication payment, prior to the issuance of a building permit. The location and number of street trees will be addressed as part of the Site Plan review.

The Technical Services Division of Works and Emergency Services advises that water, storm and sanitary services are available and separate connections will be required for each unit. A grading plan and storm water management report is required for their review and approval, and storm water quality may be addressed through a cash-in-lieu payment. As a condition of site plan approval, they require confirmation that the proposed waste/recycling facilities are acceptable, and that the applicant enter into appropriate agreements with the City, including bonding, to ensure completion of the grading and other services. Works also recommends condominium registration for the units, in the event that an alternative arrangement is approved, then a mutual use and maintenance agreement must be entered into to the satisfaction of Works and Emergency Services and the City Solicitor (Exhibit No. 4).

The applicants have submitted environmental information to Works and Emergency Services for a peer review. This review has indicated that there are a number of environmental issues which remain to be addressed, and which must be resolved prior to the enactment of an amending by-law.

The Transportation Services Division of Works and Emergency Services has advised that the proposed parking supply is acceptable. Transportation Services also recommends that the visitor spaces be appropriately signed at the applicant's expense. These matters will be addressed as conditions of site plan approval (Exhibit No. 5). The Division has also identified some minor modifications to the site layout, which should be reflected on a revised site plan, and the driveway should be constructed to accommodate waste collection vehicles.

The Toronto District School Board advises that the students anticipated from this development can be accommodated, but that alternate arrangements may be required once the local schools reach their capacity. The Toronto Catholic District School Board has expressed concern that regarding the overcrowding and lack of permanent facilities at Bishop Allen Academy. They advise however, that elementary students can be accommodated at St. Leo Catholic School.

Community Meeting:

A community meeting was not held in connection with this application.

Conclusions:

The townhouse project conforms to the relevant Official Plan policies for a Commercial-Residential Strip designation, and the introduction of grade-related townhouse units would serve to enhance the street edge, without interrupting the continuity of the commercial frontage, to a significant degree. The proposal is compatible with surrounding land uses and could be accommodated from a design and transportation perspective.

Conditions to Approval:

Prior to the enactment of an amending by-law, the applicant shall address the outstanding environmental issues identified in the peer review.

(1)The amending by-law shall confirm the existing Commercial (C-Mimico) zoning of the site and incorporate site-specific provisions addressing matters including parking, front, side and rear setbacks, landscaped open space and floor space index. As well, the by-law would permit use of the ground floors of the units for live/work space as well as uses currently permitted by the Commercial zoning.

(2)Further consideration of the proposal under Site Plan Control to include:

(i)signing of a Site Control Agreement and payment of the necessary fees associated with the preparation, execution and registration of same;

(ii)submission of a landscape plan detailing planting, lighting, curbing, fencing, grading and street trees, and the posting of a financial guarantee to ensure compliance with the approved plans, to the satisfaction of the City Planning Division of Urban Planning and Development Services;

(iii)submission of a stormwater management report, grading plan and construction management plan to the satisfaction of the Technical Services Division of Works and Emergency Services;

(iv)Provision of on-site services, including storage of waste and recyclable materials, the treatment and provision of stormwater management facilities (including payment of stormwater quality cash-in-lieu, if required), and the posting of adequate bonding to ensure completion of the grading and services, and compliance with the construction management plan, to the satisfaction of the Technical Services Division of Works and Emergency Services;

(v)payment of a five percent cash-in-lieu of parkland contribution to the satisfaction of the Policy and Development Division of Parks and Recreation Planning; and

(vi)payment of applicable development charges in effect at the time of the issuance of building permits.

(vii)provision of facilities to the satisfaction of Toronto Hydro; and

(viii)submission of a revised site plan to the satisfaction of Transportation Services.

Contact Name:

Richard Kendall, Principal Planner

Community Planning, West District

Telephone: (416) 394-8227; Fax: (416) 394-6063