September 22, 1999

To:North York Community Council

From:Rob Dolan

Director, Community Planning, North District

Subject:FINAL REPORT

OFFICIAL PLAN AND ZONING AMENDMENT APPLICATION

Weston Consulting Group for 1333955 Ontario Inc.

1723 Finch Avenue West

UDOZ-99-11

WARD 7 - Black Creek

Purpose:

The purpose of this report is to make final recommendations regarding the official plan and zoning amendment applications for the development of 24 condominium townhouses on a private road at 1723 Finch Avenue West.

Recommendations:

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

Official Plan

(1)Part C.1 of the Official Plan be amended by changing the land use designation on Map C.1 Land Use Plan for the site from General Institutional and Valley Open Space to Residential Density Three in accordance with Draft Official Plan Amendment 480 attached as Appendix "A";

Zoning By-law

(2)The RM6 zoning on the property be amended to RM1 exception, subject to the following provisions:

Exception Regulations

(a)the maximum number of multiple attached dwelling units shall be 24,

(b)the maximum permitted gross floor area for all uses shall be 4,938 m²,

(c)the maximum building height shall be 3 storeys and 11.0 metres, whichever is the lesser,

(d)the minimum yard setbacks shall be as shown on draft Schedule RM1(30) (draft Zoning By-law schedules),

(e)there shall be a minimum of 2 parking spaces for each dwelling unit and 9 spaces for the use of visitors,

(f)the provisions of Section 15 and 16 of By-law 7625 relating to Landscaping, Lot Area, Lot Coverage, and Distance Between Buildings shall not apply, and

(g)the provisions of this exception shall apply collectively to the lands zoned RM1(30) notwithstanding their future severance, partition or division for any purpose;

(3)Prior to enactment of the zoning by-law, the Director, Community Planning, North District shall have granted site plan approval;

(4)Subject to the conditions of the Technical Services Division, Works and Emergency Services Department, attached as Schedule "F";

(5)Subject to the conditions of the Transportation Services Division, Works and Emergency Services Department, attached as Schedule "G";

(6)Subject to the conditions of the Policy and Development Division, Economic Development Culture & Tourism Department, attached as Schedule "H";

(7)Subject to the conditions of the Toronto and Region Conservation Authority, attached as Schedule "K"; and

(8)That the applicant provide an undertaking satisfactory to the City Solicitor that the site be developed as a condominium.

Background:

Proposal

The applicant proposes official plan and zoning by-law amendment applications in order to permit the construction of 24 condominium townhouse units as shown on Schedule "C".

Revised plans have been submitted which shift the entire development to ensure a required 10 metre setback, without encroachments, from the top of bank is provided. The common element private road is still proposed as part of the development and two promontories have now been included to provide views into the valley.

The pertinent statistics are as follows:

 Location and Existing Site

The site is located on the south side of Finch Avenue West in an area west of Sentinel Road and adjacent to the Black Creek. To the west of the site is the Northminster Baptist Church and the York Woods Public Library. Located east and south of the site is Derrydowns Park, owned by the Toronto Region Conservation Authority. High rise residential uses are located on the north side of Finch Avenue West.

Planning Controls:

Official Plan

The site is located in the Jane Heights Residential Community. Most of the site is designated General Institutional in the Official Plan, while a small portion of the site is designated Valley Open Space (see Schedule "A"). The General Institutional designation permits major institutional uses that serve the health care, religious, educational, cultural and social needs of the residents in the surrounding area. The Valley Open Space designation includes lands that are to be maintained in a natural state except for compatible recreational uses and essential public works. Part of the site is also located in the Valley Land Impact Zone (VIZ) which includes valley lands and and lands within the first ten metres above and beyond the crest of a stable valley slope. Council's conservation policies for the development of land on valley edges identified in Part C.2, Section 4.3.3 of the Official Plan, and the policies and regulations of the Toronto and Region Conservation Authority (TRCA) apply to this proposal.

There are criteria in the Official Plan to guide the redesignation of non-residential lands to residential. Council may consider official plan amendment applications that propose to redesignate non-residential land to residential when, in Council's opinion, community services and facilities are in place or can be provided to serve the proposed residential development. Also, the cumulative impact of the redesignation of lands for residential use should not have an undue negative impact on existing community services, transportation facilities and municipal servicing capacities.

In addition, Council may consider applications to redesignate non-residential land to residential use when one of the following conditions apply:

1)There is a demonstrated need to improve or rejuvenate areas due to obsolescence or physical decline; or

2)The introduction of residential land use will not jeopardize the continued viability of commercial, industrial, institutional and open space land uses.

Zoning

The existing zoning on the site is Multiple-Family Dwellings Sixth Density Zone (RM6) (see Schedule "B"). The site is also subject to By-law 27683, approved by North York Council in 1980, which permits a nursing home including doctors and dentists offices, a retail store, pharmacy, barber/beauty shops and associated recreational uses. In 1987 and 1988, the Committee of Adjustment approved minor variances to permit a 4 storey nursing home on the site. The nursing home has not been built, and the site is currently vacant. Copies of By-law 27683 and past decisions of the Committee of Adjustment are available for review in the Planning Department during normal office hours.

The applicant is requesting an amendment to the zoning by-law to permit multiple attached dwellings.

Site Plan

Site plan approval is required for this proposed development. Prior to enactment of the zoning by-law, the Director, Community Planning, North District shall have granted site plan approval.

Comments from Other Departments

The Technical Services Division, Works and Emergency Services Department advises that municipal services (water and storm sewer ) are available from Finch Avenue West. Sanitary sewer service is available from an existing sanitary sewer from the south end of the site to the sanitary sewer in the Black Creek basin area. The allocation of the Interim Sanitary Trunk capacity for this development is subject to Council approval of the application. It should be noted that the proposal results in a decrease in the existing sanitary sewer allocation for this site. The applicant must comply with the Public Roads Policy, which requires a minimum pavement width of 8.5 metres on common element private roads. If the applicant requests garbage pickup for individual townhouse units, a cul-de-sac of 12.5 metres pavement radius or an approved turn around facility must be provided at the south end of the site. (Schedule "F")

The Transportation Services Division, Works and Emergency Services Department advises that the department has no objections to the proposal subject to a number of conditions. The proposed private roadway must have a minimum pavement width of 8.5 metres and be constructed to City of Toronto standards. In addition, Zoning By-law 7625 requires a 6.0 metre pavement width for a two way driveway. The width of driveways leading to dwelling units must be a minimum of 3.0 metres up to a maximum of 6.0 metres but may not exceed the width of the garage or carport. The 9 visitor parking spaces should be signed accordingly. The applicant is required to obtain building location, access and streetscape permits prior to the construction of the project. (Schedule "G")

The Policy and Development Division, Economic Development Culture & Tourism Department advises that the development will be subject to a 5% cash-in-lieu of parkland dedication payment, payable prior to building permit issuance. In addition to the required parkland dedication payment, the applicant has agreed to contribute to the City $5,000.00 towards the development of existing parks in the surrounding area of the subject lands. These monies will also be payable prior to building permit issuance. (Schedule "H")

The North Command of the Fire Services Department advises that there is no requirement for a Fire Access Route. (Schedule "I")

The Public Health Department has no objection to the application. The revised plan does not affect their previous comments for this site. The Phase 1 Environmental Site Assessment prepared for the site has been reviewed and the Public Health Department advise that the potential for environmental impacts on the property is low, and that based on the evidence presented, no site remediation will be required as there are no concerns about contamination or potential risk to human health. (Schedule "J")

The Toronto and Region Conservation Authority (TRCA) advises that the applicant has completed a geotechnical report identifying the stable top of bank. The structures and decks as shown on the revised plan are now set back 10 metres from the top of bank. However, the proposed brick pathway and vista point located between block 1 and block 2 extends over the top of bank. While TRCA does not object to the pathway within the 10 metre setback area, however they require that it not extend over the top of bank and recommend that it be set back a metre or more to provide some buffering for the valley edge. Also, as outlined in TRCA correspondence dated August 11, 1999 (Schedule "K"), a permit under Ontario Regulation 158 and stormwater management details are still required prior to the issuance of building permits by the municipality (Schedule "K").

The Toronto District School Board advises that the schools currently designated to accommodate students from the proposed development are Topcliff PS, Oakdale Parks MS and Westview Centennial SS. The anticipated students from the proposed development can be accommodated at Topcliff PS and Westview Centenial SS, while the anticipated student yield from the proposed development can not be accommodated at Oakdale Park MS and alternative accommodation arrangements will be required for these students. (Schedule "L")

The Toronto Catholic District School Board advises that the children residing in the development could be accommodated at St. Wilfrid Catholic School (JK - 8) and James Cardinal McGuigan Catholic Secondary School (9 - OAC). (Schedule "M")

Discussion:

Planning Considerations:

The criteria in the Official Plan to guide the redesignation of non-residential lands to residential require that community services and facilities are in place or can be provided to serve the proposed residential development. Community services, transportation facilities and municipal services are in place to serve the proposed residential development. The site is located next to a public library, church, school and park. Municipal water and storm and sanitary sewer services are available for the development. The applicant has agreed to additional cash contributions for local parks.

Both the Toronto District School Board and the Toronto Catholic District School Board have advised that students from this proposed development can be accommodated in their facilities.

The proposed development is consistent with the permitted uses and density of the Residenital Density Three (RD-3) designation in the Official Plan. Whereas this designation permits townhouses at a maximum density of 100 dwelling units per net residential hectare (40 units per net residenital acre), this application proposes a density of 57 units per net residential hectare (23 units per net residenital acre). It is recommended that the property be redesignated from General Institutional and Valley Open Space to RD-3, and that the zoning be amended to an RM1 exception zone.

The proposal meets the zoning by-law parking requirement of 2 parking spaces per dwelling unit. The applicant is providing a total of 57 parking spaces. Parking is to be located within the individual garages and in the driveways of each dwelling unit in tandem. Visitor parking is proposed along the private road.

The low volumes of traffic generated by the development, as indicated in the traffic analysis prepared by the applicant and reviewed by the Transportation Division, will not have an undue negative impact on existing transportation facilities.

Impact on Valley Lands

The site is located partially within the valley corridor of the Humber River, adjacent to the Black Creek, and is subject to the policies and regulations of the Toronto and Region Conservation Authority (TRCA).

A Planning Department supplementary report dated August 26, 1999 was received at the September 14, 1999 North York Community Council meeting dealing with the stability of the top of bank for this property. The applicant has submitted to the TRCA confirmation of the staked top of bank on the site and a completed geotechnical report. Based on this information, comments have been received from the TRCA (Schedules "K") which do not object to the approval of the official plan and zoning by-law amendments provided that they include the following:

(a)the lands below the stable top of bank must be appropriately zoned and designated to prohibit structural encroachment, or the removal of vegetation except for resource management purposes; and

(b)a minimum setback of 10 metres from the stable slope line for all building structures and other appurtenances from the stable top of bank limit.

(c)a permit under Ontario Regulation 158 is required from TRCA for grading within the eastern and southern portions of this property. The applicant must obtain approval prior to the issuance of the building permits by the municipality. Grading beyond the top of bank will not be permitted.

Urban Design

To enhance the public nature of the valley, the site and buildings have been reorganized to place the fronts of the townhouses along the valley edge. Two promontories have been located between the buildings to provide for views into the valley lands.

A preliminary landscape plan has been submitted which includes information on the Finch Avenue streetscape and the remainder of the site. Development of this site will implement the City's streetscape objectives. An inventory of the existing vegetation for the site has also been submitted (Schedule "E").

The landscape plan submitted by the applicant does not provide a sufficient level of detail and should be brought to site plan standards with details, including fences, steps and sidewalks. Details of planting and a plant list with new plant names, size and conditions for planting should also be submitted.

Conclusions:

This report recommends the approval of the proposal to develop the site with 24 condominium townhouse units, subject to the conditions outlined. The applicant will be required to obtain site plan approval for the property prior to enactment of the by-law.

 Contact Name:

Brian Lambourn

North York Civic Centre

Telephone: (416)395-7135

Fax: (416) 395-7155

E-mail: BLAMBOUR@city.north-york.on.ca

Rob Dolan

Director, Community Planning, North District

GM/BL

Schedules and Appendices

Schedule "A"Official Plan Map

Schedule "B"Zoning Map

Schedule "C"Site Plan

Schedule "C1"Draft Zoning By-law Schedules

Schedule "D"Elevations

Schedule "E"Preliminary Landscape Plan

Schedule "F"Comments, Technical Services, Works and Emergency Services Department

Schedule "G"Comments, Transportation Services Division, Works and Emergency Services Department

Schedule "H"Comments, Policy and Development Division, Economic Development Culture and Tourism Department

Schedule "I"Comments, North Command, Fire Services Department

Schedule "J"Comments, Public Health Department

Schedule "K"Comments, Toronto and Region Conservation Authority

Schedule "L"Comments, Toronto District School Board

Schedule "M"Comments, Toronto Catholic District School Board

Appendix "A"Draft Official Plan Amendment No. 480

APPENDIX "A"

DRAFT OFFICIAL PLAN AMENDMENT NO. 480

Authority:

Report No. , Clause No. , as enacted by Council on

Enacted by Council:

CITY OF TORONTO

Bill No.

OFFICIAL PLAN AMENDMENT NO. 480

To amend City of North York Official Plan

in respect of lands municipally known as

1723 Finch Avenue West

 To adopt Amendment No. 480 of the Official Plan for the City of North York

WHEREAS authority is given to Council by 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.Amendment No. 480 to the Official Plan of the City of North York consisting of the attached text and map, is hereby adopted.

2.This by-law shall come into force and take effect on the day of the final passing thereof.

  ENACTED AND PASSED this day of , A.D. 1998

    MayorCity Clerk

    City of Toronto Bill No.

TO AMENDMENT NO. 480

TO THE OFFICIAL PLAN OF THE

CITY OF NORTH YORK

 LANDS AFFECTED BY THIS AMENDMENT

This amendment concerns the lands located on the south side of Finch Avenue West, west of Sentinel Road. The current municipal address of the property is 1723 Finch Avenue West.

EFFECT OF THE AMENDMENT

The effect of this amendment is to permit 24 residential townhouse units.

PUBLIC MEETINGS

The North York Community Council considered Amendment Application UDOZ-99-11 at a statutory public meeting held on , 1999, after written notice of such meeting had been sent to all persons assessed in respect of land within 120 metres of the subject lands. It was the Community Council decision to the application.

Council adopted the recommendations of the North York Community Council on , 1999.

On , 1999, Council enacted By-law No. which approved this amendment.

City of Toronto Bill No.

DRAFT OFFICIAL PLAN AMENDMENT NO. 480

TO THE OFFICIAL PLAN OF THE CITY OF NORTH YORK

The following amendment to Part C.1 Land Use constitute Amendment No. 480 to the Official Plan of the City of North York.

Map C.1 Land Use Plan be amended from General Institutional and Valley Open Space to Residential Density Three.