August 20, 1999

To:Chair and Members, Etobicoke Community Council

From:Karen Bricker, Director of Community Planning, West District

Subject:Official Plan and Zoning Code Amendment

Harvey Sawh

63 and 65 Winterton Drive

File No: Z-2296 (Markland-Centennial)

Purpose:

To consider an application to amend the Residential (R1) zoning and the Official Plan (Utilities) of a site at 63/65 Winterton Drive to permit a 10 unit retirement home.

Funding Sources, Financial Implications and Impact Statement:

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

Recommendations:

1. It is recommended that the application by Harvey Sawh be approved subject to a public meeting to obtain the views of interested parties and the fulfillment of conditions outlined in this report.

2.Subject to the conditions set out in this report, that by-laws to implement the Official Plan and Zoning Amendments to permit the proposed development be introduced at Council.

Background:

Over a two year period, Mr. Sawh has submitted a number of proposals to the City to develop the formerly surplus hydro property. In 1997, a proposal for a 24 bed retirement home was withdrawn, and revised to request rezoning to First Density Residential (R1) to permit two single family dwellings, which was approved by Council on September 1997. More recently (in February 1998) an application to permit a 40 unit retirement residence, was refused by the Ontario Municipal Board, as being too intense for this site.

In its decision, the Board indicated that a retirement home in the range of 10-12 units could potentially be accommodated, subject to submission of a site plan which provides for significant set-backs separating the retirement home from neighbouring houses; provision of a significant front and rear yard with generous usable outdoor amenity area, significant landscaping including berming to reduce visual impact, and submission of a design resembling a single family dwelling to achieve a consistent streetscape on Winterton Drive.

Proposal:

The applicant has now submitted a revised application to amend the Official Plan and zoning to permit a 10 unit retirement residence in response to the findings stipulated by the Ontario Municipal Board, in its decision of November27, 1998.

The applicant proposes to construct a one and a half split level building accessed by a single driveway off of Winterton Drive.

The project includes 10 suites and a manager suite, served by a common dining lounge, kitchen, and general office on the main floor (upper level). The lower level would contain 4 rooms, the manager suite, storage room, and exercise room. Parking for 7 cars is located in front of the building. Landscaping is provided along the Winterton Drive frontage, the side yard abutting existing single family dwellings which front onto Streatham Place, and the entire rear yard of the project.

A comparison of the main difference between the earlier proposal considered by the OMB, and the present revised submission are summarized as follows (See Table No. 1):

A reduction in the number of units from 40 to 10, and corresponding decrease in the overall gross floor area from 2 306 m2 (24,888 sq.ft.) to 700 m2 (7,535 sq.ft.);

The elimination of a substantive portion of the rear of the building, and replacement with landscaped open space. As a result landscaped open space ration is increased from 40% to 66%;

The elimination of all of the front yard parking and paved area which formerly abutted single family residences adjacent to the property, and replacement with a landscaped berm buffer;

An increase in the side yard set-back from 3.0 metres to 4.61 metres.

Table No. 1	Original Submission Considered by OMB	Current Proposal
Site Area	.32 ha (.78 ac)	.32 ha (.78 ac)
Gross Floor Area	2 306 m2 (24,888 sq ft)	700 m2 (7,535 sq ft)
Number of Rooms	40 + 1 manager suite	10 + 1 manager suite
Building Height	8.84 m (29 ft.)	Same
Floor Space Index	.73	.30
Building Coverage	1 182 m2 (12,722 sq ft) 37 %	454 m2 (4,887 sq ft) 14 %
Paved Area	703 m2 (7,567 sq ft) 22 %	(6,763.9 sq ft) 20 %
Landscaped Area	1 283 m2 (13,815 sq ft) 41 %	2 086 m2 (22,453 sq ft) 66 %
Parking: Required - Provided -	14 spaces 16 spaces	4 spaces 7 spaces

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 for the proposal recently considered by the Ontario Municipal Board, and the current submission is listed in Table No. 1.

Comments:

Official Plan:

The property is designated for utility purposes in the Official Plan. An amendment to low density residential, which permits a range of grade-related housing including lodging houses, would be appropriate to reflect the intended use, and would be consistent with the existing First Density Residential (R1) zoning.

Although lodging houses are preferably located in higher density multiple occupancy areas of the City, they are permitted in all residential areas subject to the criteria regarding use and standards set out in the Official Plan Policy Section 4.2.2.0.

Staff are satisfied that the revised proposal generally meets the criteria set out in Section 4.2.2.0 of the Official Plan (Exhibit No. 4) with respect to the use, location and development standards for lodging houses; the exception being Section (a) which prescribes that such uses be located on arterial roads. Notwithstanding the above, the Ontario Municipal Board in their findings on the previous application, concluded that the retirement facility at this location would not result in any noticeable traffic or parking problems for the area; nor was the site's location on a local road raised as an issue in the Board's consideration of appropriate use for the site. Staff note that the site is located only one block south of Eglinton Avenue West, a major arterial road, which can be readily accessed by Martin Grove Road.

Zoning:

The site is zoned First Density Residential (R1) which limits use of the property to two single family dwellings only. The proposed senior=s residence is classified as a lodging house in the Etobicoke Zoning Code. In residentially zoned areas, lodging houses are permitted uses only in the Fourth or Fifth (R4, R5) zones subject to supplementary regulations for lodging house which restrict use locations and development standards. Therefore, in order to permit the current Aretirement home,@ a site specific amendment will be required to permit this facility in an R1 zone and exempt the facility from certain supplementary regulations for lodging houses.

The current proposal generally complies with the supplementary regulations for lodging houses with staff=s evaluation contained in Exhibit No. 5. In particular, it is noted that the revised proposal meets or exceeds all of the criteria related to intensity of use, landscaped area, amenity area, side yard and rear yards, all of which are critical in achieving a suitable buffer from the adjacent single family community.

One area, which does not appear to completely respond to the Board=s comments, relates to the easterly side yard setback. In this regard, staff note that the side yard abutting the front portion of the proposed retirement residence has been increased from 3 metres to 4.61metres. The rear portion of the easterly side yard however, has actually been reduced from 4.68 metres to 4.61 metres. Staff have requested that as a condition to this report, the building be shifted westerly as far as technically feasible toward the hydro right-of-way to maximize the separation between the retirement home and the abutting single family dwellings on Streatham Place.

Staff note that there is also an opportunity to shift some of the parking currently located along the westerly lot line further toward the building thereby significantly increasing the landscape buffer on Winterton Drive.

It would be appropriate for the implementing zoning by-law to tie down the details of the current proposal including use, number of residents, setbacks based on the footprint of the building. It would also be appropriate for a more detailed version of the site plan to be submitted, illustrating the particulars of the landscaped area, fencing, as well as the previously noted recommendations related to increased buffer on Winterton Drive and the shifting of the building to the east as far as possible.

Prior to enactment of an amending by-law a revised plan detailing landscaped area and details, lot grading and fencing as well as revised parking layout to achieve more landscaping on Winterton Drive and the shifting of the building to the east to achieve a better buffer between adjacent residential on Strathearn Place will be required.

Agency Comments/Department Circulation

Toronto Health Services, Toronto Fire Services, Canada Post, Bell Canada, Toronto Police Services, Park Services West District, the Toronto District School Board, the Toronto District Catholic School Board have expressed no concern with the proposal.

The Transportation Services Division of Works and Emergency Services has advised that the level of vehicle traffic generated by this development during actual weekday a.m. and p.m. peak hours is not expected to impact on the operation or level of service of the abutting road network.

The proposed driveway location and design is acceptable, with the applicant being financially responsible for removal and/or relocation of any utilities in order to introduce the proposed driveway.

The proposed parking supply and layout are generally acceptable. However, it has been recommended that the parking area along the west lot line be shifted toward the building by approximately 4.0m, to permit additional landscaping on Winterton frontage and increased clear throat distance for the main entrance driveway. A revised plan reflecting the above is condition to by-law approval.

The Technical Services Division of Works and Emergency Services advised that water, storm and sanitary are available to service the site. Storm water management, both quality and quantity measures in a requirement to the satisfaction of the Works Department. The driveway and reconstruction of the sidewalk on Winterton Drive is to be in accordance with Std 220-225 and Std 249 respectively.

To ensure that the development of the subject property does not create a drainage problem to this or the abutting lands, the applicant will be required to submit a lot grading plan showing existing and proposed grades for Works Department approval. The Works Department have also advised that the plan of survey shows an encroachment along a portion of the east side of the property, and that a resolution of the matter must be reached prior to the approval of a grading plan.

All of the above will be addressed as conditions to site plan approval. Finally, it has been noted that a minor adjustment to the ground floor plan is required to accommodate the necessary recycling equipment, and garbage set-out area, also required as a condition to site plan approval. The applicant has also been requested to submit environmental information for peer review (soil, groundwater) which is a condition to be satisfied prior to the enactment of an amending by-law.

The Toronto Hydro has advised that relocation of the existing Toronto Hydro Plant to accommodate this project will be at the applicant's expense. The proposed development will be supplied from the existing Toronto Hydro distribution system, and services to buildings shall be underground at the owner's expense. The above noted requirements are included as conditions to site plan approval.

Community Meeting

A community meeting attended by 16 residents was held on June 24, 1999. The residents remain firmly opposed to the concept of a retirement facility at this location, and prefer that the developer develop the site for two single family dwellings in accordance with recently approved variances. They also remain concerned about traffic congestion, and speculated that further applications to add more space to the facility would likely occur in the future.

Staff reiterate that neither the use of the site for retirement home or traffic impact were considered an issue when the Ontario Municipal Board rendered its decision for this site. As noted earlier, if approved the by-law should restrict the lodging house to a retirement home facility, detailing maximum number of residence, set-backs, landscaped area, and the footprint of the building. No additions or alterations should be permitted to this use without amendment to the by-law.

Conclusion:

The proposed retirement facility as revised, is in conformity with the relevant Official Plan policy, and supplementary regulation for lodging houses. The proposal has also been revised to meet the intent of the requirements of the Municipal Board, in their decision on the previous proposal, including a substantial increase in landscaping, reduction in units from 40 to 10, and a significant increase in setbacks to provide an adequate buffer from adjoining single family uses.

Although the site being developed with two single family dwellings as originally proposed would form a more logical integration with the existing community, it is evident that the retirement home is an acceptable alternative which can be adequately buffered from the Community and is in accordance with the Ontario Municipal Board requirements with respect to this site. It should be understood that should Council approve this application, it would be a site-specific amendment based on the present submission, with any additions or alterations subject to a further by-law amendment application.

Conditions to Approval

1. Enactment of an amendment to the Official Plan from Utilities to Low Density Residential in accordance with Draft Official Plan attached as Exhibit No. 6.

2. Prior to the enactment of an amending by-law the applicant shall submit:

(i) A revised site plan, including redesign of parking area in front of the building and the introduction of additional landscaping, and shifting of the building as far as technically feasible to the West property boundary.

(ii) Submission of a detailed landscaping plan including fencing, lot grading, and landscape details to the satisfaction of Staff Advisory Committee.

(iii) Submission of environmental information (soil and groundwater) for peer review.

3. The Amending By-law shall confirm the existing First Density Residential (R1) zoning of the site and permit a lodging house subject to the following conditions:

(i) The lodging house use shall be restricted to a retirement home for seniors and the elderly.

(ii) A maximum of 10 residents and one manager suite may be accommodated.

(iii) Set-back, height, Ground Floor Area, shall be in accordance with the approved site plan.

(iv) No exterior alterations or additions to the facility shall be permitted, except as required to comply with other municipal and provincial regulations.

Contact Name:

Michael McCart, Senior PlannerTel: (416) 394-8228

Community Planning, West DistrictFax: (416) 394-6063

Karen V. Bricker, MCIP

Director of Community Planning

West District

Mmc/nt

h:\dev2\z-2296\report3.doc

Exhibit No. 4

Official Plan Criteria (Section 4.2.20) for Consideration of Site-Specific By-law Amendments to Permit Lodging Houses in Low Density Residential Designation

Location on arterial road

The site is located on a local street, one block south of Eglinton Avenue West, a major arterial road, which can be readily accessed by Martin Grove Road. Transportation Planning staff have advised that the level of traffic generated by this development is not expected to impact on the operation or level of service of the abutting road net-work.

Intensity of use to be regulated by a ratio of minimum floor area per resident, to a maximum of 10 residents.

The floor area per resident would be 70 metres square (753.5 sq.ft.) well in excess of the 23 metres square minimum required in the zoning code.

Minimum lot size to accommodate this use

The site is 3 197 metres square (34,412 sq.ft.) which is sufficiently large to accommodate the proposed retirement home, as well as the associated parking and outdoor amenity areas. The lot area exceeds the applicable minimum lot size of 460 metres square (4,952 sq.ft.) in the zoning code.

Use of a fully detached residential building

The proposed residence is fully detached.

Provision of adequate landscaping

The revised proposal has resulted in the elimination of a substantial portion of the rear of the building, and replacement with landscaped open space. Parking and paved area which formerly abutted the single family dwelling on Winterton Drive has been replaced with a substantial landscaped buffer exceeding 10 m (33 ft.) in width. The overall landscaped open space ratio has been increased in the current submission from 40% to 66% which is reviewed as adequate for the intended use.

Provision of adequate parking

The site plan illustrates a parking supply of 7 spaces, including one for the physically disabled. Transportation Planning advise that the proposed supply is adequate and exceeds the 4 spaces required in the by-law.

Minimum distance separation between lodging houses or between a lodging house and a group home or any other similar type of residential care facility

The proposed lodging house is over 300 metres from the nearest existing residential care facility, a group home (4 residents) at 22 Kuhl Avenue. The proposal does not contribute to an undue concentration of such facilities in the vicinity and exceeds the 300 metre minimum separation required in the Zoning Code.

Exhibit No. 5

Evaluation of the proposal within the context of Section 320-24 (Supplementary regulations for lodging houses) of the Etobicoke Zoning Code

Dwelling type. The dwelling type shall be a fully detached residential building occupied wholly by the lodging house use

Comment: The proposed residence is fully detached. It has been designed as a low profile building within the height limit of a normal single family dwelling, and at .3 FSI floor space index is substantially below the prescribed requirement (.45) for residential development in this area.

B.Minimum lot area. Minimum lot area shall be four hundred sixty (460) square metres

Comment: The lot area is 700 metres square far in excess of the minimum requirement.

C.Minimum lot frontage. Minimum lot frontage shall be twelve and zero-tenths (12.0) metres

The lot frontage is 27.04 (89 ft.).

General zoning requirements. The building shall comply with the requirements for residential development within the zone category in which the lodging house is located

Comment: The proposal would meet the (R1) standards with respect to lot frontage, area, rear yard, side yard.

Occupancy. A lodging house shall be owner-occupied

Comment: The applicant has indicated the retirement home will be owner occupied.

Intensity of use. There shall be a minimum floor area per resident of twenty-three (23) square metres, up to a maximum of ten (10) residents per dwelling

Comment: At 700 metres square (7 535 sq.ft.) in gross floor area the building would meet the minimum floor area requirement of 230 m2 . It also meets the maximum occupancy requirement of 10 residents.

Minimum rear or side yard. For retirement homes or rest-homes, the minimum side or rear yard area shall be fourteen (14) square metres for each resident but not less than one hundred sixteen (116) square metres in total

Comment: The total minimum requirement for 10 residents would be 140 square metres (1,506 sq.ft.). In this case the combined side and rear yard is 1 624 square metres (17,480 sq.ft.). located mostly in an extensive rear yard landscaped area which is far in excess of the minimum requirement.

Minimum landscaped area. A minimum landscaped area of seventy-five (75) square metres shall be provided in either the rear or side yard

Comment: The proposed landscaped rear yard of 1 497 square metres (16,113 sq.ft.) is far in excess of the minimum requirement.

Distance between lodging houses. There shall be a minimum separation radius of three hundred (300) metres measured from property line to property line between any two (2) lodging houses or between a lodging house and a group home or any other similar type of residential care facility

Comment: The proposal meets this requirement.

All licensed lodging houses in existence prior to passage of this section shall continue to be deemed permitted uses, provided that said uses are in conformity with Borough of Etobicoke By-Law No. 1978-41

Comment: not applicable.

DRAFT OFFICIAL PLAN AMENDMENT TEXT

PART ONE - PREAMBLE

1.1PURPOSE/LOCATION

Official Plan Amendment No. 73-99 applies to a .32 hectares (.78 acre) parcel of land located on Winterton Drive, south of Eglinton Avenue and east of Martin Grove Road.

The purpose of this amendment is to redesignate the lands from Utility to Low Density Residential to permit the development of a 10-unit lodging house (retirement home).

1.2BASIS

The property is designated Utility in the Official Plan. Section 4.10.4 of the Plan provides that where Utility designations become available for development they may be zoned in accordance with the adjacent land use designation without amendment to the Plan. Notwithstanding, it would be appropriate to amend the Official Plan from Utility to Low Density Residential to reflect the existing First Density Residential (R1) zoning of the site.

The Urban Planning and Development Services report of July 14, 1999, concluded that the proposed amendments be based on the project in compliance with the Plan in performance criteria for permitting a lodging house (retirement home) in a low density residential area.

At the Public Meeting held on September 15, 1999, Etobicoke Community Council recommended that the application YY

NOTE:

AS REQUIRED UNDER S. 17 (16) OF THE PLANNING ACT (BILL 20), THIS CONSTITUTES A DRAFT OF THE PROPOSED AMENDMENTS TO BE AVAILABLE PRIOR TO THE PUBLIC MEETING BEING HELD. THE COMPLETED AMENDMENT WILL BE PRESENTED TO COUNCIL FOR ADOPTION, IN THE EVENT THAT THE APPLICATION IS APPROVED.

PART TWO - THE AMENDMENT

2.1INTRODUCTION

All of this part of the Amendment, consisting of the following text and attached map designated Schedule >A=, constitute Amendment No. 73-99 to the Official Plan for the Etobicoke Planning Area. The Plan is hereby amended as follows:

2.2MAP CHANGE (SCHEDULE >A=)

The area affected by Official Plan Amendment No. 73-99 is hereby added to Map 4 ALand Use@ as shown on Schedule >A= of this Amendment.

3.IMPLEMENTATION

The policy established by this Amendment will be implemented through a site-specific amendment to the Zoning Code, Council=s conditions to approval, and signing and registering of appropriate agreements.

4.INTERPRETATION

The provisions of the Official Plan as they may be amended from time to time with respect to the interpretation of the Plan shall apply with respect to this Amendment.

PART THREE - APPENDICES

Appendix INotice of Public Meeting of Planning and Development Committee held on September 15, 1999.

Appendix IIClause No. __ of the _____ Report of the Etobicoke Community Council, 1999, adopted by Council Resolution No. xx on xx approving the application for Official Plan and By-law Amendment.

Appendix IIIKey Plan

Appendix IVSite Plan