May 4, 1999

To:North York Community Council

From:Rob Dolan

Acting Director, Community Planning, North District

Subject:FINAL REPORT

Zoning Amendment Application UDZ-98-23

Site Plan Application UDSP-98-159

The Urban Design Workshop

139 to 147 Doris Avenue

Ward 10 - North York Centre

Purpose:

The purpose of this report is to recommend approval of a proposed development of the properties at 139 to 147 Doris Avenue, located east of Yonge Street and north of Sheppard Avenue East. The applicant is seeking to amend the Zoning By-law to permit a 24 unit 4 storey condominium townhouse development.

Recommendation(s):

It is recommended that:

(1)The zoning be amended in accordance with an implementing zoning by-law which generally complies with the draft by-law attached as Schedule "G" and the by-law be perfected prior to enactment.

(2)Prior to enactment of the zoning by-law, site plan approval be granted generally in accordance with the conditions described in Appendix "B".

(3)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)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,

(b)the Owner has made arrangements satisfactory to the Economic Development Culture and Tourism Department (Parks and Recreation Division) and Acting Director of Community Planning North District to fulfill the conditions as set out in Schedule "H";

(c)the Owner has agreed to seek condominium registration of this development and enter into the necessary agreements to ensure future access amongst the abutting properties, if required.

Background:

1.0Proposal:

The application proposes an amendment to the zoning by-law and site plan approval to permit a 4 storey 24 unit condominium townhouse development on the east side of Doris Avenue between Greenfield Avenue and Spring Garden Avenue (Schedule "C"). Two of the units will front onto Doris Avenue and vehicular access for all the units will be from a private road which will form part of the common element of a condominium description. The pertinent site statistics are shown below.

2.0Location and Existing Site:

The site is located on the east side of Doris Avenue just north of Greenfield Avenue and has an area of 0.32 hectares. The lands comprise four residential lots with a single detached dwelling on each lot. On the lands to the north fronting Spring Garden Avenue are single detached homes. Directly west of the site on the other side of Doris Avenue is a 22 storey residential building. To the south is the headquarters of the Toronto Catholic School Board.

3.0Planning Controls:

3.1Official Plan:

The site is located in the Downtown of the North York Centre. The lands are designated Downtown Residential-1 (DR-1) which permits residential, recreational, institutional uses and public parks at a maximum density of 1.5 FSI (Schedule "A"). The lands are also subject to site specific policy 12.6 of Official Plan Amendment No. 447 (North York Centre Secondary Plan) which permits a maximum building height of 12 storeys or 35 metres, whichever is less. The proposal conforms with the Official Plan and can be accommodated within the long range development levels (see Schedule "P") and no Official Plan amendment is required.

3.2Zoning:

The site is zoned R4 One Family Detached Dwelling Fourth Density Zone (Schedule "B") which permits single detached dwellings. The applicant has requested a zoning change 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 in the context of the environment and urban design objectives of OPA 447. The approval of site plans has been delegated and approval can be granted upon Community Council consideration of this report. Urban design considerations are outlined in Appendix "A" and the recommended conditions of Site Plan approval are listed in Appendix "B".

Discussion:

4.0Other Department Comments:

This section summarizes the pertinent 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 applicant is to convey to the City for use as public parkland an area of approximately 160 square metres across the entire Doris Avenue frontage as well as pay $32,000 for landscaping costs of the City parkland. In addition, the applicant will be required to execute a Tree Preservation Agreement. The comments are outlined in Schedule "H".

The Works and Emergency Services Department (Public Works) has indicated that interim trunk capacities are available for future development. The allocation of the Interim Sanitary Trunk capacity for this development is subject to Council approval of this application. Available municipal services for this development include water, sanitary sewer and storm sewer. All conditions of approval (Schedule "I") are being fulfilled through conditions of site plan approval.

The Works and Emergency Services Department (Transportation) has indicated that the minimum on site parking requirement is 24 spaces to a maximum of 33 parking spaces of which 2 spaces are for visitor use. There are several comments regarding site plan issues which are outlined in Schedule "J". 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 soil contamination on this site. Their comments are attached as Schedule "K".

The Toronto District School Board has advised that the anticipated students from the proposed development can currently be accommodated at the elementary and middle schools serving this development, however they cannot be accommodated at Earl Haig Secondary 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 secondary schools serving this development. Their comments are attached as Schedule "N".

5.0Community Consultation:

A community consultation meeting was held on November 11, 1998 attended by approximately 15 people. The notes for this meeting are attached as Schedule "O". There was general support for the townhouse proposal and the 4 storey building height. The residents who attended the meeting raised the following issues:

• Coordination of development plans to deal with traffic and access.
• Potential to reopen Greenfield Avenue and extend it northward to Spring Garden Avenue.
• Status of the Spring Garden Avenue cul-de-sac.

These matters are discussed below.

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 1.5 FSI. The proposed development is at a density of 1.4 FSI.

6.3Height:

The site specific policy in the Official Plan (Section 12.6) permits a maximum height for this site of 12 storeys or 35 metres, whichever is less. The proposal for 4 storey townhouses represents a lower height than the maximum permitted under the Official Plan. Across from this site on the west side of Doris Avenue is a 22 storey residential building.

6.4Development Concept for Block

Lands on the south side of Spring Garden Avenue between Doris Avenue and Kenneth Avenue are owned by several different landowners. The potential exists for this development to form part of a larger future development to the north and east that would create a coordinated development of the block. This is encouraged as it would allow for a better road connection through the block to Spring Garden Avenue.

The Ontario Municipal Board has approved a development on the east half of the block (comprising a 6 storey residential building with 3 storey height along the Spring Garden frontage and 3 storey townhouses along Kenneth Avenue). Access to this development is to be from Spring Garden Avenue. The applicant for these lands is required to submit a revised site plan. No development applications have yet been submitted for the remaining lots on the south side of Spring Garden Avenue to Doris Avenue, however discussions with the owner of the lands on the south-east corner of Spring Garden and Doris Avenues indicate that he is also considering townhouses.

Based on the recent OMB development approval for the east half of the block, the maximum density of 1.5 FSI, and the nature of the land ownership of the west half of the block, the remaining lands on the south side of Spring Garden Avenue are likely to be redeveloped for townhouses. The Official Plan stipulates that the maximum height along the Spring Garden frontage is to be 3 storeys or 11 m. Tenure of development could take the form of freehold and condominium units. The Official Plan also requires that the existing cul-de-sac on Spring Garden Avenue is to be relocated from the Doris Avenue end of the block to the Kenneth Avenue end of the block.

It has been suggested that in order to provide for coordinated block development, Greenfield Avenue be extended eastward from Doris Avenue and then northward to connect to Spring Garden Avenue. On September 29, 1980 North York Council passed by-law 27924 closing the section of Greenfield Avenue east of Doris Avenue. The City then sold this land. We have been advised that PenYork Properties owns this closed road allowance. Staff have contacted representatives of PenYork Properties and discussed the possibility of the City entering into an easement agreement to provide access to the proposed townhouse development. Staff have also discussed suggestions that the City consider acquiring land to extend Greenfield Avenue east of Doris Avenue. A representative of Pen York indicated that the company would not want to limit its future options by entering into an access easement agreement or giving up some of its land to the City for a road extension.

There is an opportunity to provide for future integrated access arrangements which can coordinate vehicular access from Doris Avenue and Spring Garden Avenue. The applicant has submitted a development concept showing how the remaining lands could be redeveloped (see Schedule "D"). This concept includes coordination of vehicular access from Doris Avenue and Spring Garden Avenue which would connect this development with future development to the east. This arrangement would minimize road access from Doris Avenue and Spring Garden Avenue.

It is recommended that the applicant enter into an agreement with the City to be registered on title which could provide for a future connection and vehicular access between this site and future development on the adjacent lands to the east. This is achieved through the conditions of site plan approval and a site plan agreement. The undertaking to provide future access to abutting properties should also form part of the condominium approval and be included in the condominium declaration. Proposed changes to the Condominium Act enable common elements such as a common private driveway to be registered as a common elements condominium. If the changes to the Condominium Act are in force at the time of approval of this application, than the common elements condominium should be used.

The applicant has prepared two site plan options. Option 1 shows the private road ending in a hammer head but which can be extended to connect to the lands to the east. Option 2 provides for connection to the lands to the east and to the north. By providing this connection to the lands to the north, access provisions to Doris Avenue have been limited to one entrance. This complements the Parks and Recreation initiative to green the Service Road by limiting the number of access points on Doris Avenue. The site plan agreement will require the owner of this site to make all reasonable efforts with the owner of the lands to the north to pursue Option 2. The owner of the lands to the north has verbally advised staff that he is preparing a site plan for his lands to reflect such an access arrangement and will be submitting a rezoning application in the near future. The site plan conditions stipulate that if at the time of building permit for Block 4 the landowners have entered into an access agreement and the private road has been extended northward to connect to Spring Garden Avenue, than the site shall be developed in accordance with Option 2. Otherwise, the site shall be developed in accordance with Option 1.

6.5Parking:

The City Centre Parking Policy for residential uses is a minimum 1 parking space to maximum 1.4 parking spaces per dwelling unit of which 0.1 spaces per dwelling unit is for visitors. For this development application 24 to 33 parking spaces are required of which 2 spaces are for visitors. The applicant is providing 24 parking spaces (each unit having its own attached garage) plus 2 visitor spaces.

6.6Community Services and Facilities:

6.6.1Parkland

The Parks and Recreation Division has indicated that the applicant is to convey to the City for use as public parkland an area of approximately 160 square metres across the Doris Avenue frontage. This conveyance will enhance the Service Road buffer area. In addition, prior to by-law enactment, the applicant has agreed to deposit with the City a letter of credit in the amount of $32,000 to be used to landscape the City parkland fronting onto Doris Avenue.

6.6.2Private Amenity Space

The applicant proposes to provide each unit with a small rear yard as well as provide a small children's play area. This outdoor recreational space totals 540 square metres and will be reviewed through the site plan approval process.

Conclusions:

The proposal to develop the lands on the east side of Doris Avenue just north of Greenfield Road with a 24 unit 4 storey condominium townhouse development is appropriate development which is consistent with the policies of the North York Centre Secondary Plan. The proposal provides for integrated access for other lands on the south side of the Spring Garden block. The applicant is providing an on-site parkland dedication.

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 Official Plan.

Contact Name:

Nimrod Salamon, Senior Planner

Telephone: (416) 395-7134

Rob Dolan

Acting Director

Community Planning, North District

Appendices:

A.Urban Design Considerations

B.Site Plan Recommendations

Schedules:

A.Official Plan Map

B.Zoning Map

C.Site Plan - Option 1 and Option 2

D.Context Plan

E.Elevations

E1.Elevations

F.Landscape Plan

G.Draft Zoning By-law

H.Parks and Recreation comments

I.Public Works comments

J.Transportation comments

K.Public Health Department comments

L.Fire Department comments

M.Toronto District School Board comments

N.Toronto Catholic School Board comments

O.Notes from Community Consultation Meeting

P.Summary of estimated residents in the Downtown

ns\reports\z9823.rp3

APPENDIX "A":URBAN DESIGN CONSIDERATIONS

The applicant has submitted drawings which are of sufficient detail to evaluate the proposed development with respect to the environment and urban design policies of OPA 447. It is recommended that the site plan application be approved subject to the submission of the revised drawings as well as the execution of a site plan agreement (refer to Appendix "B"). For ease of review, the proposed development is discussed under the headings, site plan, landscape plan, and building elevations.

Site Plan:

As illustrated on Schedule "C", two townhouse units front onto Doris Avenue and the other units have been located along a proposed private road with access off of Doris Avenue. Each unit has a driveway which accesses the private road. The applicant has provided two site plan options, Option 1 which includes the private road ending in a hammer head but which can be extended eastward, and Option 2 which provides for extensions of the private road to the east and north.

By providing this connection to the lands to the north, access provisions to Doris Avenue have been limited to one entrance. This complements the Parks and Recreation initiative to green the Service Road by limiting the number of access points on Doris Avenue. The site plan agreement will require the owner of this site to make all reasonable efforts with the owner of the lands to the north to pursue Option 2. The owner of the lands to the north has verbally advised staff that he is preparing a site plan for his lands to reflect such an access arrangement and will be submitting a rezoning application in the near future. The site plan conditions stipulate that if at the time of building permit for Block 4 the landowners have entered into an access agreement and the private road has been extended northward to connect to Spring Garden Avenue, than the site shall be developed in accordance with Option 2. Otherwise, the site shall be developed in accordance with Option 1.

Landscape Plan:

The landscape plan (refer to Schedule "F") provides for a small rear yard for each unit with a porch as well as a common children's play area. The applicant has been requested to provide for enlarged areas in front of each dwelling unit for soft landscaping and the planting of new trees. The plan also provides for a 2.5 metre strip of parkland dedication along the Doris Avenue frontage with landscaping to be paid for by the applicant.

Building Elevations:

As illustrated on Schedule "E", the townhouses are traditional in design and are to be finished with stucco. The front of the units include stone balustrades and stone mouldings and trim. The two end units abutting Doris Avenue have been oriented so that they address the public street with a high level of architectural finish including windows and a front entrance off of Doris Avenue. The steps to the front door of each unit should not exceed 1.6 metres. In addition, the face of each garage entrance should recede from the front elevation of the dwelling in order to de-emphasize the view of the garage from the road.

APPENDIX "B":SITE PLAN RECOMMENDATIONS

1.0That this application be approved subject to the following conditions:

1.1The lands shall be developed and maintained in accordance with the approved drawings and the conditions of this approval. The Owner acknowledges that notwithstanding this approval, the lands shall be developed in accordance with the zoning by-law and that it is the responsibility of the Owner to ensure that the development is in conformity with the zoning by-law to the satisfaction of the Chief Building Official.

1.2All of the work shown on the approved drawings and all the work required by the conditions of this approval shall be completed within 3 years of the date of this approval failing which this approval shall require an extension by the Director of Community Planning (North District) prior to the issuance of any building permit.

1.3All existing trees to remain shall be maintained as shown on the landscape plan in accordance with the "North York Standards For The Protection And Care Of Trees". Any tree that is removed in contravention of this approval, or that is severely damaged, shall be replaced with a tree or trees of similar value to the satisfaction of the Economic Development, Culture and Tourism Department.

1.4All site illumination shall be designed to prevent the spread of light onto adjacent lands.

1.5Drainage shall be directed to ensure that no drainage problems are created on adjacent lands.

1.6All refuse and recycling storage shall be contained within the building. Refuse and recycling materials shall be transported to collection areas on collection days only.

1.7All work on the adjacent boulevards shall be to the satisfaction of the Works and Emergency Services Department. All work on the adjacent park shall be to the satisfaction of the Economic Development, Culture and Tourism Department.

1.8All driveways shall be constructed of a water permeable surface. The private road shall be constructed to the satisfaction of the Works and Emergency Services Department.

1.9New above-grade electrical transformers, gas regulators and other equipment are not permitted in any yard abutting a public street. The owner shall make arrangements to the satisfaction of the affected Utility, for the installation, relocation and protection of all utilities. All clearances from Toronto Hydro-Electric Commission facilities shall be maintained to the satisfaction of Toronto Hydro-Electric Commission or successor.

1.10Signage, satellite dishes, cellular telephone antennae or associated equipment are not permitted on the roof of the buildings. All rooftop mechanical equipment enclosures shall be integrated into the overall design of the building to the satisfaction of the Director of Community Planning (North District).

1.11The municipal address of the building shall be well-illuminated, provided in a prominent location on the lands and designed to be easily readable from the adjacent streets.

1.12Prior to enactment of the zoning by-law, the applicant shall submit confirmation, in the form of an initial study, from a qualified microclimatic specialist that the proposed development will not create any pedestrian comfort concerns.

1.13The Owner shall submit the following to the satisfaction of the Director of Community Planning (North District) prior to the issuance of any building permit:

1.13.13 copies of a revised site plan (Options 1 and 2) which incorporates:

1.13.1.1the technical requirements of the commenting departments;

1.13.1.2the detailed grading of the site including a maximum height of approximately 1.4 m for the perimeter retaining walls;

1.13.1.3the location of all exterior lighting for the site including the private road and children's play area;

1.13.1.4 the garages recessed from the building face; and

1.13.1.5for Option 1 only, a 6 m wide hammer head at the east end of the private road.

1.13.23 copies of a revised detailed landscape plan which incorporates:

1.13.2.1items noted in condition 1.13.1;

1.13.2.2additional trees along the private road wherever possible;

1.13.2.3the landscape plan for the Option 2 site plan; and

1.13.2.5landscaping relating to the 6 m wide hammer head as set out in condition 1.13.1.5.

1.13.33 copies of all revised building elevations which indicate:

1.13.3.1the steps to the front door of each unit do not exceed a height of 1.6 m.

1.13.43 copies of the detailed design of all site amenities including but not limited to exterior lights, ground signs, fencing, retaining walls, paving, and planting details which demonstrate that adequate topsoil is to be provided for trees, shrubs and groundcovers. Large on-site deciduous trees shall have a minimum caliper of 80 mm. Large on-site coniferous trees shall have a minimum height of 1.8 m. Street trees shall have a minimum caliper of 100mm.

1.13.5Confirmation that arrangements have been made to the satisfaction of the Works and Emergency Services Department for items set out in their memoranda dated:

1.13.5.1February 19, 1999 from Transportation Services;

1.13.5.2January 7, 1999 from Technical Services; and

1.13.5.3January 20, 1999 from Fire Services - North Command.

1.13.6Confirmation that arrangements have been made to the satisfaction of the Economic Development, Culture and Tourism Department for items set out in their memorandum dated April 1, 1999.

1.13.7A cost estimate and letter of credit to the satisfaction of the Acting Director of Community Planning (North District) for the installation of the approved landscaping including but not limited to plant material, decorative paving, and fencing.

1.13.8An executed site plan agreement registered on title for the approved drawings and conditions of approval, to the satisfaction of the Director of Community Planning (North District) and the City Solicitor. The site plan agreement shall stipulate that:

1.13.8.1the owner shall agree to provide a common access from Doris Avenue to any future redevelopment of the lands which are immediately north and the lands immediately east of the site and shall agree to pay the costs for implementation of this common access for the portion of the lands on their site;

1.13.8.2if at the time of building permit for Block 4 the owners of this site and the site to the north have entered into an access agreement to connect the private road north, and the private road has been extended northward to connect to Spring Garden Avenue, than the site shall be developed in accordance with Option 2; and

1.13.8.2if at the time of building permit for Block 4 the owners of this site and the site to the north have not entered into an access agreement to connect the private road north, and the private road has not been extended northward to connect to Spring Garden Avenue, than the site shall be developed in accordance with Option 1.

SCHEDULE "G" Draft Zoning By-Law

Authority: North York Community Council Report No.

As adopted by the City of Toronto Council on

Enacted by Council on

CITY OF TORONTO

BY-LAW No.

To amend City of North York By-law No. 7625

in respect of lands municipally known as 139 to 147 Doris Avenue

WHEREAS authority is given to Council by Section 34 of the Planning Act, R.S.O. 1990, c.P. 13, as amended, to pass this By-law; and whereas Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act;

The Council of the City of Toronto HEREBY ENACTS as follows:

1.Schedules "B" and "C" of By-law No. 7625 of the former City of North York are amended in accordance with Schedule "1" of this By-law.

2.Section 64.16 of By-law No. 7625 of the former City of North York is amended by adding the following subsection:

"64.16(29)RM1(29)

EXCEPTION REGULATIONS

(a)The maximum number of dwelling units shall be 24.

(b)The provisions for minimum lot area and minimum street frontage shall not apply.

(c)The maximum lot coverage shall be 43% for the lot as shown on Schedule RM1(29).

(d)The minimum yard setbacks shall be as shown on Schedule RM1(29).

(e)Exterior stairways, wheelchair ramps, and porches and decks 4.3 square metres or less in area, shall be permitted to project into the minimum side yard setbacks not more than 2 metres.

(f)The maximum gross floor area shall be 4,375 square metres.

(g)The maximum building height shall be 4 storeys or 12 metres, whichever is the lesser.

(h)The minimum distance between buildings shall be as shown on Schedule RM1(29).

(i)A minimum landscaped area of 525 square metres shall be provided.

(j)Landscaping shall not be required in areas between parking lots and One Family Detached Dwelling Zones (R).

(k)A total of 26 parking spaces shall be provided of which 2 parking spaces shall be for the use of visitors.

(l)A parking aisle leading to a parking space (excluding visitor parking spaces) for each dwelling unit shall have a minimum width of 3 metres.

(m)The provisions of this exception shall apply collectively to the lands zoned RM1(29) notwithstanding their future severance, partition or division for any purpose.

3.Section 64.16(29) of By-law No. 7625 of the former City of North York is amended by adding Schedule RM1(29), attached to this by-law.

ENACTED AND PASSED this day of , A.D. 1999.

MayorCity Clerk