February 9, 1999

To:Scarborough Community Council

From:Ted Tyndorf, MCIP, RPP.

Director of Community Planning, East District

Subject:Zoning By-law Amendment Application SZ98031

Part Lot Control By-law Amendment Application SP98008

Stephen Washington Foundation/Trustees of Washington

Methodist Church-Scarboro

3741 Kingston Road

Part of Lot 1, Registered Plan 2425 & Lots 19 and 20, Registered Plan 3136

Guildwood Community

Scarborough Bluffs

Purpose:

This report recommends approval of applications for a Zoning By-law Amendment and Part Lot Control Exemption applying to a 0.48 hectare (1.2 acre) parcel currently zoned "Highway Commercial." The applications provide for a freehold development consisting of four single-family residential lots fronting onto Crestwood Drive with two single-family residential and 11 street townhouse lots oriented to and obtaining access from Kingston Road. The development concept is illustrated on Figure 2 of this report.

Financial Implications:

None.

Recommendations:

A.ZONING BY-LAW

That Council amend the Guildwood Community Zoning By-law No. 9676, as amended, with respect to Part of Lot 1, Registered Plan 2425 & Lots 19 and 20, Registered Plan 3136, known municipally as 3741 Kingston Road, by deleting the "Highway Commercial" zoning and replacing it as follows:

Crestwood Drive Frontage

To be zoned "Single-Family Residential" (S) with the following Performance Standards:

-One Single-Family Dwelling per parcel of land having a minimum frontage of 11 metres (36 feet) on a public street and a minimum area of 335 square metres (3600 square feet);

-Minimum front yard building setback 3 metres (10 feet) from the street line;

-Minimum side yard setback 3 metres (10 feet) on one side and .3 metres (1 foot) on the other side;

-Minimum 6 metres (20 feet) rear yard setback for dwellings;

-A detached garage in the rear yard shall be provided with each dwelling unit;

-Maximum building coverage 40% of the lot area.

Kingston Road Frontage (Including Part 5 on Figure 3)

To be zoned "Street Townhouse Residential" (ST) in a new "Street Townhouse Residential" zone restricting uses to Street Townhouse Dwellings and Single-Family Dwellings only with the following Performance Standards:

-Notwithstanding the future division of this site into one or more parcels, a maximum of two Single-Family Dwellings and eleven Street Townhouse Dwelling units shall be permitted;

-Minimum front yard building setback 3 metres (10 feet) from Kingston Road;

-Maximum building height excluding basements: 3 storeys and 13.5 metres (45 feet);

-Maximum building coverage 50% of the lot or parcel area;

-Minimum rear yard setback 7.5 metres (25 feet) for Street Townhouse Dwelling units;

-A garage shall be provided with each dwelling unit;

B.PART LOT CONTROL EXEMPTION

1.That Council enact a Part Lot Control Exemption By-law with respect to Part of Lot 1, Registered Plan 2425 and Lots 19 and 20, Registered Plan 3136, known municipally as 3741 Kingston Road, applying to the lands shown on Figure 3.

2.That the Part Lot Control Exemption By-law shall expire one (1) year from the date of the passing of the By-law.

3.Prior to Council passing the Part Lot Control Exemption By-law, the owner shall register against title, a restriction satisfactory to the City Solicitor, whereby no transfer or charge of the subject lands or any part thereof shall be made without the consent of the Director of Community Planning, East District.

4.Prior to the Director of Community Planning, East District's consent, the applicant is to demonstrate to the City through the appropriate legal instrument(s) that mutual easements for access and servicing will be granted to the appropriate property-owners in the development and that a maintenance agreement has been registered against the appropriate titles.

C.MISCELLANEOUS

That Council authorize such unsubstantive, technical, stylistic or format changes to the Zoning and Part Lot Control Exemption By-laws as may be required to properly carry out the intent of this resolution.

D.SITE PLAN CONTROL

That Council delete the portion of the property proposed to be zoned "Single-Family Residential" from Site Plan Control.

Background:

The subject lands consist of 3741 Kingston Road, which contain the former manse dwelling, and vacant lands to the east which are in separate ownership. The manse dwelling together with the remainder of the church property are owned by the Trustees of Washington Methodist Church-Scarboro. The vacant lands to the east are owned by the Stephen Washington Foundation.

An application to sever the manse dwelling from the remainder of the church ownership and add it to the development site has been filed. Public notice for this application is being given concurrently with the rezoning application.

The development proposal provides for the creation of four freehold single-family residential lots on Crestwood Drive. The remainder of the development is also planned as freehold with each of the two single-family residential and 11 street townhouse lots having frontage on Kingston Road. Access is proposed by means of a single driveway with mutual rights of way provided to all owners. There is no access between the Crestwood Drive properties and the Kingston Road properties.

The applicant is proposing to accomplish the creation of the individual lots and easements by means of a Part Lot Control Exemption for the development shown on Figure 3. A Site Plan Control application has also been filed.

The proposal conforms to the Official Plan which designates this site Medium Density Residential providing for single, semi and street townhouses to a maximum density of 40 units per hectare (16 units per acre). Under this designation, a maximum of 19 dwellings would be permitted whereas 17 dwellings are proposed. The Plan also encourages buffer landscaping for residential development along Kingston Road and the provision of common access to developments rather than individual driveways. The proposed development satisfies this direction.

A Community Information Meeting on this project took place on November 23, 1998. The meeting was widely advertised and attracted approximately 50 area residents as well as the local Councillors. The proposal was well-received by the community. Commitments were made by the applicant to provide more mature trees along the Crestwood Drive frontage and to use the Kingston Road access to the site during construction.

Comments:

The Interior Dwelling

In the Preliminary Evaluation Report on this project, it was noted that the creation of the interior lot (Part 5 on Figure 3) would not reflect customary land division practice in the former Scarborough. It was suggested that the lot should be assessed in terms of precedent, its relationship to the street (eg., public access, identification of street address, safety) as well as its relationship to the rest of the development.

From a legal and zoning perspective, Part 5 has been designed as a freehold lot since by virtue of the inclusion of the common driveway into the ownership of the parcel, it has frontage on a public road. The approval of this lot division would therefore not set a precedent supporting the creation of interior lots with no public road frontage or the construction of a home behind another home on the same lot (eg., carriage homes).

In terms of the relationship of the interior dwelling to the street, the applicant has introduced signage directing visitors to the location of this home as well as decorative paving leading to the dwelling. In addition, the applicant submits, and staff agree, that the location of the house in the interior of the development enhances public safety by providing "eyes on the lane." Finally, the house has been sited in a manner generating no apparent detrimental impact to the other homes in the development. Accordingly, staff are recommending the creation of this lot.

Preparation of Maintenance Agreement

A second issue raised in the Preliminary Evaluation Report concerned the mutual use and responsibilities of the owners for the driveway and lanes in this development as well as its services. While it was suggested that condominium ownership of these elements would be desirable, the Condominium Act has not yet been amended to provide for freehold development on a condominium-owned road.

In the absence of this legislation, the applicant has prepared a maintenance agreement which mirrors the responsibilities and structure of a condominium including the election of a maintenance committee and the establishment of a reserve fund for maintenance requirements. Staff from Legal Services and the Works and Emergency Services Department have reviewed a first draft of this agreement and discussion as to the content is ongoing.

Recommendations No. 3 and 4 under the heading "Part Lot Control Exemption" above will ensure that the lots to be created are in accordance with the lots proposed in this report and are conveyed together with and subject to necessary servicing and access easements. The registration of the maintenance agreement on title to the property will ensure that prospective purchasers have notice of the agreement.

Quality of the Development

At the Community Information Meeting, staff agreed to present the site plan and elevations to Council in order to confirm the quality development presented to the meeting. The site plan including landscaping treatment is shown on Figure 2. A double row of trees is proposed along Kingston Road as well as wrought iron decorative fencing. An entry feature consisting of brick piers, landscaping and signage is also proposed. On the Crestwood Drive frontage, more mature 100 millimetre caliper trees are being proposed instead of the standard 60 millimetre caliper tree.

A preliminary elevation concept for the Kingston Road streetscape and the rear of the townhouses is shown on Figures 4 and 5. The two storey block is proposed adjacent to the two storey manse dwelling while the three storey block is located to the east. The homes have been designed to present their fronts to the street with garages relegated to the rear away from view. In the backyard of each townhouse, a sizable deck is provided as part of the outdoor amenity space.

The Crestwood Drive lots have been designed to feature the full frontage of the homes along the streetscape with the garage located at the rear of the lot. At this point in time, the applicant has not finalized the dwelling designs for the Crestwood Drive properties. Figure 6 provides a preliminary elevation of one of the dwellings contemplated. All brick construction is proposed for these homes all well as the townhouses in this development.

Agency Review

The project has been reviewed by City Departments who have expressed no concerns with the rezoning and part lot control exemption applications. Details of the development including the final site plan, a 2.04 to 2.14 metre (approximately 6 foot) land dedication for the widening of Kingston Road, servicing, stormwater management, and the maintenance agreement are being finalized through the site plan control process.

Conclusion:

Staff are of the opinion that this infill project will have a positive influence on regeneration efforts already underway on Kingston Road. As part of the Kingston Road Study, it was determined that commercial development should be concentrated in locations on Kingston Road which have demonstrated potential for commercial success and that the areas in between (so called "urban parkways"), such as the subject site, should be encouraged for well-designed medium scale residential (re)development.

The vision developed as part of the Kingston Road Study anticipated that the introduction of housing in the "urban parkway areas" would benefit the commercial areas by providing more customers in proximity to these nodes and would create more "eyes on the street" and street activity. The proposed development implements this vision. Finally, this development with its attractive design and quality, should integrate well with the surrounding community which was also considered a necessary component of the revitalization of Kingston Road.

Contact Name:

Ms. Jayne Naiman

Scarborough Civic Centre

Telephone: (416) 396-7040

Fax: (416) 396-4265

E-mail: naiman@city.scarborough.on.ca

Ted Tyndorf, MCIP, RPP.

Director of Community Planning, East District

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