March 12, 1999

To:Toronto Community Council

From:Commissioner of Urban Planning and Development Services

Subject:Yorkville Triangle Land Use Planning Study Report - Interim Control By-law 726-1998 (Midtown)

Purpose:

To recommend amendments to the planning controls for the Yorkville Triangle in the North Midtown area to better reflect the existing built form context and protect the heritage character of the area.

Existing planning controls were, for the most part, found to provide appropriate direction and protection subject to further fine tuning. It was determined that, among other matters, existing regulations do not adequately control building depth, and the heights and setbacks of the rear portions of buildings and additions, so as to better protect access to light, views and privacy.

Source of Funds:

Not applicable.

Recommendations:

1.That the City Solicitor be requested to submit a draft by-law to give effect to an amendment to Section 19.34 (North Midtown Part II Plan) of the Official Plan respecting the Toronto Community (the former City of Toronto) to delete Section 6.1 and replace it with the following:

"Lands within the Low Density Residence Areas of North Midtown are designated as the Yorkville Triangle, Ramsden Park, and Asquith-Collier Areas of Special Identity as shown on Map B, which forms part of this Amendment. In these Areas, Council shall employ its available powers of regulation and review in order to seek to ensure that new development respects the special character of these Areas, which Areas contain tree-lined streets and detached, semi-detached and row houses that are close to each other and slightly set back from the street. In the Yorkville Triangle and Asquith-Collier Areas of Special Identity houses are compatible with the predominant Victorian style. The Victorian style, evident in the Yorkville Triangle, is characterized by one-and-a-half, two and three storey houseform buildings, with rear additions generally set back from side lot lines, and made predominantly of brick with a few early buildings made of wood. Decorative details include brick bands and patterns, wood trim, iron cresting, porches, bay windows, centre gable, mansard and gable roof lines, consistent cornice lines and building heights with a vertical emphasis."

2.That the City Solicitor be requested to submit, in consultation with the Commissioner of Urban Planning and Development Services, a draft by-law to amend Zoning By-law 438-86, as amended, to:

a)insert "Yorkville Triangle" and map into SECTION 2 - DEFINITIONS AND INTERPRETATION, (1) DEFINITIONS;

b)add, substantially, the following sub-section to SECTION 12 - EXCEPTIONS APPLYING TO SPECIFIC USE DISTRICTS OR SPECIFIC LANDS, (2) RESTRICTIVE EXCEPTIONS:

"No person shall erect or use a building or structure:

(a)on any lot within the Yorkville Triangle having a below-grade, at-grade or above-grade integral private garage;

(b)on any lot fronting on Hazelton Avenue, Webster Avenue, exclusive of lands with flanking frontage on Webster Avenue known as 121 Avenue Road, or the south side of Berryman Street, within the Yorkville Triangle:

(i)where the building or structure has a depth greater than 17 metres;

(ii)where the height of the building or structure is greater than 7.5 metres, for any portion of the building or structure having a depth greater than 14 metres; and

(iii)where:

(a)in the case of a detached house, on a lot with a lot frontage of 6.5 metres or greater; and

(b)in the case of the unattached side of a semi-detached house or the end unit in a series of row houses, on a lot with a lot frontage of 5.5 metres or greater,

the setback from the side lot line for any part of the building or structure beyond a depth of 12 metres is less than 1.2 metres;

(c)on any lot fronting on Bishop Street, New Street, or the north side of Berryman Street, within the Yorkville Triangle:

(i)where the building or structure has a depth greater than 14 metres;

(ii)where the height of the building or structure is greater than 7.5 metres, for any portion of the building or structure having a depth greater than 11 metres; and

(iii)where:

(a)in the case of a detached house, on a lot with a lot frontage of 6.5 metres or greater; and

(b)in the case of the unattached side of a semi-detached house or the end unit in a series of row houses, on a lot with a lot frontage of 5.5 metres or greater, the setback from the side lot line for any part of the building or structure beyond a depth of 9 metres is less than 1.2 metres."

3.That the 'Design Guidelines for North Midtown', dated May 5, 1983, as revised by the Further Report, dated June 5, 1985, all in 1987 Land Use Committee Report No. 1, Clause 23, as adopted by Council on December 15, 1986, be revised as follows:

a)replace the words "diverse parts of the area are retained and enhanced", in Section 2. Background, Sub-section 2.2 Goals and Objectives, with the words "diverse parts of the area are preserved, restored and/or enhanced";

b)replace the word "enhancement", in Section 2. Background, Sub-section 2.2 Goals and Objectives (c), with the words "preservation and restoration";

c)delete Section 3. General Guidelines, Sub-section 3.3 Streetscape and Built Form (f) and replace it with the following:

"In order to ensure the preservation and character of historic buildings included on the City of Toronto Inventory of Heritage Properties, new construction should be compatible with existing structures in the immediate area in the following ways: scale; building location and organization; height and setback; exterior features, including roof pitch and style; cornice lines; window and door design; the proportion of window and door openings to the overall facade; and the horizontal or vertical emphasis of major building elements, materials and colour and floor levels.";

d)add, to Section 13. Low Density Residence Areas, Sub-section 13.3 Streetscape and Built Form, the following:

"(c)In order to preserve and maintain the character of historic buildings included on the City of Toronto's Inventory of Heritage Properties a new addition should:

i)preserve the character of the historic building in terms of materials, features and finishes, and limit the loss of historic material;

ii)be located to the rear, with limits on size, scale and setback from the walls of the historic building;

iii)be distinguishable from and harmonious with the historic building in terms of mass and materials;

iv)not alter the front facade, unless missing historic features such as entrances, windows and window openings, and porches are being reintroduced, based on historical, pictorial and physical documentation; and

v)generally not exceed the existing roof ridge line of the existing heritage building, except for restoration of original roofing materials based on historical, pictorial and physical documentation."

e)delete Appendix 1: Berryman Street Guidelines.

4.That Interim Control By-law 726-1998 be repealed, upon the passage of the Official Plan and Zoning By-law amendments described in Recommendations 1 and 2 above.

5.That Heritage Toronto be requested to report to Toronto Community Council on the appropriateness of considering the Yorkville Triangle and possibly a larger area for designation as a Heritage Conservation District under Part V of the Ontario Heritage Act and the staffing and funding resources required to undertake a study.

Background:

1.Origin:

At its meeting held October 1 and 2, 1998, City Council adopted a Notice of Motion by Councillor John Adams, seconded by Councillor Ila Bossons, to impose interim control in the Yorkville Triangle area. As adopted, Interim Control By-law 726-1998 states that no person shall erect any building or structure or construct any addition to and/or enlarge any existing building or structure on lands fronting on Hazelton Avenue, Webster Avenue, Berryman Street and Bishop Street.

When Council enacted and passed By-law 726-1998, it directed Planning staff to conduct a land use planning study to assess the existing zoning provisions, and to amend, add to or delete those performance standards that might better reflect the heritage character of the area. Interim Control By-law 726-1998 was to expire on April 1, 1999.

At its meeting held February 2, 3 and 4, 1999, Council passed By-law 11-1999 to extend the in-effect time period of the Interim Control By-law to June 1, 1999, in order to allow for completion of the land use planning study and any Official Plan and Zoning By-law amendments.

2.Description of the Study Area:

The boundary of Interim Control By-law 726-1998 was based on a map attached to the above-described Notice of Motion. However, the boundary of the Interim Control By-law excludes certain properties which are currently in the Yorkville Triangle, as described in the North Midtown Part II Plan, and it includes several properties which are not within the Yorkville Triangle. The review and recommendations of this report affect only those lands within the Yorkville Triangle. The affected lands are all zoned R3 Z1.0. See Map 1.

The Yorkville Triangle study area contains 169 properties. For analysis purposes, the characteristics of four of these properties have been excluded from the review: namely, 121 Avenue Road, because it was recently subject to its own site-specific interim control by-law and planning review; 121R Hazelton Avenue, which is a remnant piece of land behind 119, 121 and 123 Hazelton Avenue; and Jesse Ketchum Public School at 61 Davenport Road and the College of Nurses of Ontario building at 101 Davenport Road, because these two buildings do not share the siting and built form characteristics of other properties within the study area.

3.Existing Planning Controls:

3.1Applicable Official Plan Policies:

The former City of Toronto Official Plan and the North Midtown Part II Plan (Section 19.34 of the Official Plan) designate the Yorkville Triangle as a "Low Density Residence Area".

As described in Section 12.5 (a) of the Official Plan, a Low Density Residence Area will be regarded as stable. No changes will be made through zoning or other public action which are out of keeping with the physical character of the area. It is the policy to undertake measures which will protect and enhance the Low Density Residence Area. According to Section 12.5 (b) of the Official Plan, Council may pass by-laws within a Low Density Residence Area to permit residential buildings having a gross floor area up to 1.0 times the area of the lot.

Section 6.1 of the North Midtown Part II Plan states that Council shall seek to ensure that new development respects the special character of the Low Density Residence Area designated as the Yorkville Triangle Area of Special Identity. As described in this Section of the Part II Plan, this Area, along with other designated Low Density Residence Areas of Special Identity in the North Midtown, contains tree-lined streets and two and three-storey attached and detached houses generally built of brick, consistently set back from the street line, and in the Yorkville Triangle and Asquith-Collier Areas of Special Identity, compatible with the predominant Victorian-era style.

3.2Applicable Zoning:

The general Zoning By-law of the former City of Toronto (438-86, as amended) zones the lands in the Yorkville Triangle as R3 Z1.0, with a 12 metre height limit applicable to Jesse Ketchum Public School and properties which front on Hazelton Avenue and Webster Avenue, and a 10 metre height limit applicable to properties which front on New Street, Bishop Street and Berryman Street. This residential zoning district limits density to a maximum of 1.0 times the area of the lot.

3.3Applicable Design Guidelines:

When Council adopted the North Midtown Part II Plan, on December 15, 1986, it also directed that Planning staff give consideration to the Design Guidelines for North Midtown, as amended, when reporting on development review and rezoning applications in North Midtown.

Section 3 of the Design Guidelines for North Midtown contains general guidelines which relate to vehicular access and parking, pedestrian circulation and environment, and streetscape and built form. A series of more detailed guidelines affect each of the geographic areas which comprise North Midtown. Section 13 of the Design Guidelines for North Midtown specifically applies to the Low Density Residence Areas, including the Yorkville Triangle Area of Special Identity.

Also, Appendix 1 of the Design Guidelines for North Midtown contains a separate set of guidelines applicable to Berryman Street. The Berryman Street Guidelines are to be referred to when reviewing applications before the Committee of Adjustment and for Site Plan Approval. The Berryman Street Guidelines are transcribed in the Appendix of this report.

4.Public Meeting:

A public meeting in the community, which was organized jointly by Councillor John Adams and Councillor Ila Bossons, was held at Jesse Ketchum Public School on February 23, 1999. The meeting was attended by approximately 60 people. Planning staff outlined the findings of the study to that date and listened to comments. Residents expressed a strong attachment to the area and, generally stated, supported the imposition of additional regulations to reflect and protect the area. However, there was little support for reducing the current density limit or for introducing regulations which would otherwise have this effect.

Comments:

5.Planning Review:

5.1Study Methodology:

The Department studied all the major characteristics of the properties and buildings in the Yorkville Triangle, including: density; building heights; lot widths; building depths; setbacks; stepbacks; variances granted since 1988; and heritage status.

Existing planning controls are appropriate, however, the study indicates that some 'fine tuning' is required to better reflect the existing built form context and protect the heritage character of the area.

5.2Density:

As discussed in Sections 3.1 and 3.2 of this report, the existing planning controls which affect the study area permit a maximum residential density of 1.0 times the area of a lot.

The average density of existing buildings in the study area is 0.93 times coverage. Generally, buildings on the west-east streets of Webster Avenue, New Street, Bishop Street and Berryman Street have greater densities than buildings on Hazelton Avenue. The lower building densities for Hazelton Avenue, which has an average density of 0.85 times coverage, result because lots on this street are comparatively wider and deeper, and therefore larger, than the lots of the neighbouring west-east streets. Notwithstanding this lower average density, sixteen percent of the buildings on Hazelton Avenue have densities in excess of 0.93 times coverage.

Given the densities of existing buildings in this zone, I do not believe that an amendment to the base density limit is necessary.

5.3Height:

As previously stated, the Zoning By-law sets the height limit for Webster Avenue, Hazelton Avenue and Jesse Ketchum Public School at 12 metres. The height limit for buildings on New Street, Bishop Street and Berryman Street is 10 metres.

Most existing buildings on Webster Avenue and Hazelton Avenue are 10 metres to 12 metres in height. Buildings on New, Bishop and Berryman Streets are generally 9 metres to 10 metres in height.

In general, the two height limits applicable to the Yorkville Triangle reflect the heights of existing buildings.

However, the appropriate height for buildings is an issue in the area with respect to the rear portion of new buildings and rear yard additions to existing buildings, as discussed in Sections 5.4, 5.5 and 5.6 of this report.

5.4Lot Widths:

The Zoning By-law requires that lots be a minimum of 5 metres in width in this area. Lot widths vary throughout the study area. A relatively small number of lots have widths of 5 metres or less. Approximately two-thirds of the lots have widths which are 5.5 metres or greater. On Hazelton Avenue, Webster Avenue and Berryman Street, many properties have lot widths which exceed 6.5 metres. Thirty-three percent of all the properties in the study area have lot widths of 7.62 metres (25 feet) or greater.

Currently, the applicable general zoning provisions only permit an integral private garage on lots which have a lot width of 7.62 metres or greater (Section 6. (3) Part IV 3. of the Zoning By-law). The Yorkville Triangle is characterized by lots with relatively consistent setbacks from the front lot line and front yard landscaping. In the few instances where integral garages have been constructed, the streetscape has been negatively impacted. I am concerned about the potential for an increase in the number of integral private garages through redevelopment in this area, with its heritage character and mature front yard landscaping. Therefore, notwithstanding the general provisions of the Zoning By-law, I am recommending that integral private garages be prohibited in the Yorkville Triangle.

Larger lot widths also allow for increased side yard setbacks. Almost 60 percent of the buildings in the study area have relatively large side yard setbacks for the rear portion of the building. The increased setback provides for improved light, view and privacy conditions between buildings, and is being recommended for new buildings and additions in the Yorkville Triangle. However, I can only recommend an increased setback where the lot width is sufficient to allow for it while leaving a minimum 'buildable' floor-plate width of 4 metres.

5.5Building Depths and Setbacks:

Section 6 (3) Part II of the Zoning By-law regulates the depth and setback requirements for buildings in a Residential Zone.

In a R3 Z1.0 zone, a detached house is not technically subject to a maximum depth provision. Where the side wall of a detached house has no openings, a detached house is required to be set back 0.45 metres from its side lot lines for that portion of the building which has a depth of not more than 17 metres and is required to be set back 7.5 metres for that portion of the building deeper than 17 metres. Where the side wall of a building has an opening, the 0.45 metre setback requirement is increased to 0.9 metres. A semi-detached house cannot have a depth greater than 17 metres and a row house cannot have a depth greater than 14 metres. The same side yard setbacks apply to semi-detached and row houses, however, the depth of semi-detached and row houses cannot exceed 17 metres.

I have examined the depth and side yard characteristics of buildings in the Yorkville Triangle. Generally stated, the buildings with the greatest depths are usually located on the lots with the greatest depths. The majority of buildings on Hazelton Avenue have a depth of 17 metres or greater. In several cases, newer buildings and additions have been granted minor variances to exceed the maximum depth provisions. A number of buildings on Hazelton Avenue, Berryman Street and the north side of Webster Avenue have depths between 14 and 16 metres. The remainder of buildings within the study area have depths of less than 14 metres.

A majority of semi-detached and row houses within the study area have a significant side yard setback for the rear portion of the building. On deeper lots (on Hazelton Avenue, Webster Avenue and the south side of Berryman Street), this increased side yard setback usually occurs at a depth of 11 to 13 metres from the front wall of the building. On the more shallow lots (Bishop Street, New Street and the north side of Berryman Street), the notch occurs at a depth of between 8 and 10 metres from the front wall of the building.

Recommendations 2. b) and c) of this report detail the proposed building depth and setback standards. (See Figures 5 and 6.)

5.6Building Stepbacks:

The third floor of several three-storey buildings is set back from the rear wall of the first and second floors. In other words, the depth of the third floor is less than the depth of the first and second floors. In some cases, a private outdoor deck is located in this area. This type of setback reduces the mass and dominance of the rear of buildings, and therefore, their impact on adjacent properties. A reduced third floor also lessens the shadow impacts on rear yards and adjacent properties. Given these benefits, I am recommending that the third floor be set back a minimum of 3 metres from the rear wall of the first and second floors. (See Figures 5 and 6.)

Recommendations 2. b) (b) ii and 2. b) (c) ii of this report detail the proposed stepback standards.

5.7Heritage Status:

There are 30 properties within the study area which are included on the former City of Toronto Inventory of Heritage Properties. Of the 30 heritage buildings, 24 properties are listed and six properties are designated as historic. All 24 listed properties are located on Hazelton Avenue. All six designated properties are located on Bishop Street, specifically, 31-41 Bishop Street. (See Map 4.)

I have consulted with Heritage Toronto. Generally, the historical significance of the area is greater than is indicated by the relatively low number of designated and listed properties. Many non-listed and non-designated buildings share the same physical and historic characteristics of buildings which are included on the Inventory of Heritage Properties.

Heritage Toronto has recommended that the North Midtown Part II Plan and Design Guidelines for North Midtown be amended to better reflect the existing context and to provide guidance for alterations to listed and designated buildings. Recommendations 1 and 3 of this report were drafted in consultation with Heritage Toronto.

In light of the importance of the area, I am also recommending that Heritage Toronto be requested to report to Toronto Community Council on the appropriateness of considering the Yorkville Triangle and possibly a larger area for designation as a Heritage Conservation District under Part V of the Ontario Heritage Act and the staffing and funding resources required to undertake a study.

5.8Other:

I do not believe that the existing Berryman Street Guidelines, appended to the Design Guidelines for North Midtown and set out in the Appendix of this report, are required. The recommendations of this report for amendments to the existing planning controls, the Design Guidelines for North Midtown, and general Design Guidelines for the former City of Toronto make the Berryman Street Guidelines largely redundant. Therefore, I have recommended that they be repealed.

Conclusions:

Amendments to the North Midtown Part II Plan, Zoning By-law and Design Guidelines for North Midtown affecting the Yorkville Triangle, as recommended and described in this report, will result in new buildings and additions to existing buildings which better reflect and protect the character of the area.

Contact Name:Michael Mizzi

Telephone: 416-392-1324

E-mail: mmizzi@toronto.ca

Beate Bowron

Director, Community Planning, South District

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Appendix

From: Appendix 1: Berryman Street Guidelines

in the Planning and Development Department report

"Design Guidelines for North Midtown", dated May 5, 1983,

as revised by Further Report, dated June 5, 1985, all in

1987 Land Use Committee Report No. 1, Clause 23.

"Berryman Street Guidelines for applications to Committee of Adjustment, Development Review, as contained in reports dated, September 8, 1982, adopted by City Council on October 7-8, 1982.

1.Sideyard setbacks - Sideyard setbacks should be enforced for semi-detached houses and end units of townhouses to ensure access to the rear of the houses because there is no alternate rear laneway access.

2.Depth and rear yard setbacks - Rear yard setbacks should be enforced, especially on the north side of the street. Variation in house depth should be permitted only when it does not encroach on the required rear yard setback.

3.Front yard setbacks and 50 percent landscaped open space in front yard - The front yard setback should be permitted to be reduced to the average of the adjacent houses to reflect the existing street and area character. Open space requirements would have to be reduced on lots narrower than 6 metres (20 feet) and containing integral garages. In these circumstances, consideration should be given to appropriate planting and paving materials, as noted above.

4.Height - Only very minimal variances should be permitted.

5.Location of integral garages - Garages should be located at grade so that ramps down from the sidewalk are avoided. If necessary, gates should be provided at the ramp to visually maintain the street level.

6.Severances - Support should be given if the variances requested are appropriate.

7.Application with multiple requests for variances - Careful consideration should be given to the combined impact of the effects of the variances requested.

8.Timing - Applications for variances and severances should be considered concurrently with consideration of an application for development review so that the matters of siting and landscaping can be reviewed and appropriate elements secured on plans.

9.Access - The site plan should allow for adequate and convenient access, parking arrangements and stairways.

10.Landscaping - A minimum amount of front yard should be landscaped with suitable planting, and attractive paving should be used.

11.Character - Consideration should be given to the street design with respect to scale, roof line treatment, garage door treatment, stairs, etc. so that the building is compatible with the existing residential character.

12.Density

(a)The maximum permitted gross floor area of the proposal should not exceed 1 times the lot area.

(b)In considering application for other variances, such as setbacks, depth of buildings, etc., consideration should also be total bulk of the building, and the 'apparent' increase in density which results from the inclusion of large internal voids and 'children's play areas' which are located substantially above grade.

13.Minimum lot frontages - Consideration may be given to support frontages no less than 4.6 metres (15 feet) for inside rowhousing units, and 5 metres (16.5 feet) for end units of rowhousing and semi-detached houses, provided that the frontyard landscaping, paving materials, and layout are acceptable and secured through a development agreement."