February 3, 1999

To:North York Community Council

From:Bryan W. Tuckey

Director, Community Planning, North District

Subject:STATUS REPORT

Zoning Amendment Application

1205373 Ontario Limited (Peter Freed)

70, 72, 76, 78, 80, 84, 88, 90, 96, 100 and 102 Ellerslie Avenue

Part of Blocks 2 and 3, R.P. 2097

Ward 10 - North York Centre

UDZ-98-08

Purpose:

The applicant is seeking to amend the zoning by-law for the properties at 70 to 102 Ellerslie Avenue to permit a 66 unit 3 storey freehold townhouse development. This report sets out the planning considerations relating to this application which will be before the Ontario Municipal Board and the matters that are still outstanding in the evaluation of this application.

The lands at 70 to 102 Ellerslie Avenue have been the subject of 5 reports to Council and 3 appeals to the Ontario Municipal Board:

(i)June 9, 1998 Preliminary Evaluation report on an application to rezone the lands to permit a 66 unit 3 storey freehold townhouse development.

(ii)September 2, 1998 report on the OMB referral of the Official Plan C9.140 site specific policy applying to Nos. 88 to 102 Ellerslie Avenue.

(iii)November 5, 1998 report on the appeal to the Ontario Municipal Board of Official Plan Amendment No. 467 which rescinded the site specific development policy C9.140.

(iv)January 4, 1999 report from the City Solicitor requesting authority to retain an outside planning consultant for the pending Ontario Municipal Board hearing.

(v)January 5, 1999 report on the appeal by the applicant of their rezoning application to the Ontario Municipal Board on the basis that Council has either refused or neglected to make a decision on their application.

(vi)The applicant has appealed the following policies of OPA 447, North York Centre Secondary Plan:

• Uptown location boundary principles;
• relationship between lands in the Uptown and the adjacent residential neighbourhoods; and
• acquisition of lands for the Service Road.

Official Plan Amendment No. 447 was adopted by North York Council on September 17, 1997. The Ministry of Municipal Affairs and Housing has issued a Decision approving OPA 447 subject to a number of modifications and non-decisions.

Recommendation(s):

It is recommended that this application be deferred sine die pending a decision by the Ontario Municipal Board on the Official Plan matters before it which affect this rezoning application.

Background:

1.0Preliminary Evaluation Report:

A June 9, 1998 Preliminary Report on this application, adopted by Council, outlined a number of issues which the applicant was requested to address which included the following:

(i)Comprehensive land assembly

Provide a comprehensive land assembly for all the lands which are subject to the rezoning application. The applicant has provided the Department with executed offers of purchase and sale for Nos. 76, 80, 84, 88, 90, 96 and 100 Ellerslie Avenue but not for Nos. 70, 72, 78 and 102 Ellerslie Avenue.

The Department has written to the owners of these latter properties asking if they consent to the application made for rezoning of their property. We have received letters from the owners of Nos. 72, 78 and 102 Ellerslie Avenue indicating that they do not authorize or consent to the rezoning of their property. Trustees of Willowdale Presbyterian Church (70 Ellerslie Ave.) have indicated that they do not oppose the rezoning of the church's property.

Of the six lots within the Uptown Residential designation (Nos. 70, 72, 76, 78, 80 and 84 Ellerslie Ave.), the applicant does not have control of three, Nos. 70, 72 and 78 Ellerslie Avenue (Schedule "D"). Nos. 70 and 72 are needed for the Service Road. This application represents an incomplete land assembly within the context of the Uptown Residential 2 designation.

(ii)Site Plan Application

Submit a concurrent site plan application. The applicant has not included a site plan application, although it is Council policy that in the North York Centre, site plan applications be processed concurrent with rezoning applications.

(iii)Plan of Subdivisio

Submit a draft plan of subdivision for the laying out of any new public road. The proposal includes a new public road within its development to connect with the future Service Road. Past practices require submission of a plan of subdivision for the laying out of a new public road.

(iv)Other Studies

Complete appropriate studies as required by municipal departments including an engineering strategy for providing access to the proposed development which can be coordinated with the acquisition and construction of the Uptown Service Road in this location.

These matters have not yet been settled.

2.0Proposal:

The application proposes an amendment to the zoning by-law to permit the construction of a 66 unit, 3 storey freehold townhouse development as shown on Schedule "C". A statistical breakdown of the proposal is set out below.

On August 27, 1998 the applicant's solicitor submitted a revised application excluding some of the lots which were part of the original application. Since that time, the applicant's new solicitor has written to the City withdrawing the revised application and confirming that they wish to proceed with the original application (Appendix "A").

3.0Site Context:

The east part of the site is located in the Uptown of the North York Centre and the west part is located in the stable residential area (Schedule "A"). On the south side of Ellerslie Avenue is Dempsey Park. Directly north of the site are single detached homes and to the west is St. Edward's Church. To the east is Canterbury Place Park and Willowdale Presbyterian Church.

4.0Planning Controls:

4.1Official Plan:

Nos. 70 to 84 Ellerslie Avenue are designated Uptown Residential 2 which permits residential uses at a maximum density of 1.5 FSI and a maximum height of 3 storeys or 11 metres.

Nos. 88 to 102 Ellerslie Avenue (which are located outside the boundary of the Uptown), are designated Residential Density 1 which permits single detached and semi-detached dwellings.

4.2Zoning:

The site is zoned R4 (One Family Detached Dwelling Fourth Density Zone) which generally permits singled detached dwellings as shown on Schedule "B". Townhouses are not permitted in the R4 zone.

Discussion:

5.0Planning Issues:

5.1Official Plan Policy:

Two Official Plan land use designations apply to this site. Nos. 70 to 84 Ellerslie Avenue are designated Uptown Residential 2 which permits the proposed townhouses. Nos. 88 to 102 Ellerslie Avenue are designated Residential Density 1.

In 1993 North York Council adopted Official Plan Amendment No. 381 which included a site specific policy in the Plan (C9.140) for the lands at Nos. 88 to 102 Ellerslie Avenue. The C9.140 policy indicated that despite their Residential Density 1 land use designation, the lands could be redeveloped for residential uses to a maximum density of 1.0 FSI and a maximum height of 3 storeys or 11 metres provided that vehicular access is taken from the Uptown Service Road and not from Ellerslie Avenue. This site specific policy was not approved by the Minister at the time of the approval of OPA 381 and has been referred to the Ontario Municipal Board pending a date of hearing.

On October 2, 1998 Council adopted Official Plan Amendment No. 467 which deletes the C9.140 policy for these lands. With the elimination of this policy, the lands are subject to the existing in effect RD1 designation and policies which permit single detached and semi-detached dwellings. The proposed townhouses are not permitted in the RD1 designation.

5.2Density:

This application conforms with the Official Plan density limits for the Uptown portion of the site but not with the density limits for the RD1 designated lands in the absence of the C9.140 policy.

The maximum permitted density on the UR2 designated lands is 1.5 FSI. The proposed development on this portion of the site is at a density of 0.75 FSI.

For the RD1 lands comprising the site, the Official Plan permits a maximum density for single detached dwellings of 20 units per net residential hectare. Semi-detached dwellings are permitted at a density of 30 units per net residential hectare. This application is for 66 townhouses of which 33 units are in the RD1 designated lands. This translates to a density of approximately 70 units per net residential hectare (excluding land for the proposed public road). This exceeds the density limit of the RD1 designation and is dependent on amendments to the Official Plan.

5.3Height:

The maximum permitted height on the UR2 designated lands is 3 storeys or 11 metres, whichever is less. The applicant has not provided detailed plans and elevations for the original application to demonstrate that their application complies with these height limits.

In the absence of the C9.140 policy, the RD1 designation states that the maximum height permitted is specified in the zoning by-law. For the RD1 designated lands, the proposal for 3 storeys exceeds the maximum 2 storey height limit of the R4 zone.

6.0Issues - City Wide:

At its meeting of July 29, 1998, City Council considered a report dealing with private roads and freehold development. Council adopted a recommendation that "development of freehold housing on private roads generally be discouraged". This application is for a freehold townhouse project with long term access to the Service Road by way of a new public road and in the interim private road access to Ellerslie/ Beecroft pending construction of a useable portion of the Uptown Service Road at this location. Council's recent private road policy discourages this type of freehold development.

Conclusions:

The applicant is requesting an amendment to the zoning by-law to permit the construction of a 66 unit 3 storey freehold townhouse development. On October 2, 1998 Council passed Official Plan Amendment No. 467 deleting the C9.140 site specific policy which applied to the west part of the site. By eliminating this policy, the west part of the site is now subject to the RD1 designation and policies which permit single detached and semi-detached dwellings. The proposed townhouses are not permitted in the RD1 designation.

This application does not conform with the Official Plan as amended by OPA 467. The applicant has appealed OPA 467 to the Ontario Municipal Board. The applicant has also appealed their rezoning application to the OMB on the basis that Council has either refused or neglected to make a decision on their application. This application should be deferred pending a decision by the Ontario Municipal Board on the Official Plan matters before it which affect this rezoning application.

Contact Name:

Nimrod Salamon, Senior Planner

Telephone: (416) 395-7134

Bryan W. Tuckey

Director, Community Planning, North District

Appendices:

A.Letter from applicant's lawyer withdrawing revised application.

Schedules:

A.Official Plan.

B.Zoning By-law.

C.Site Plan.

D.Property Ownership

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