June 7, 1999

To:Toronto Community Council

From:Commissioner of Urban Planning and Development Services

Subject:Preliminary Report on Official Plan, Rezoning and Site Plan Approval Application No. 299005 and Ravine Consent Application No. 099013, upon application by Cassels, Brock and Blackwell, on behalf of R. Browning Watt, 40 King Street West, Suite 2100, Toronto, Ontario M5H 3C2, for 207 to 217 Roslin Avenue (North Toronto).

Purpose:

To introduce a proposal for a 15 unit row house development and seek direction to hold a public meeting.

Source of Funds:

Not applicable.

Recommendation:

It is recommended that:

I be requested to hold a public meeting in the area to discuss the application and to notify owners and tenants within 300 metres of the site, area residents associations and the Ward Councillors.

Comments:

1.0Background:

1.1Committee of Adjustment Application:

On March 16, 1999 applications were filed with the Committee of Adjustment for consent to sever the site into sixteen parcels of land, including the granting of easements and/or rights of way and for variances respecting sixteen row houses.

In its decision of May 4, 1999 the Committee refused the consent to sever and the requested variances. The Committee noted the concerns expressed by neighbouring property owners, the Ward Councillors, representatives of the Bedford Park Residents Association and this Department. The Committee felt the proposal for intensification represented overdevelopment and required careful evaluation of the sort afforded by an application to amend the Official Plan and/or Zoning By-law.

1.2Official Plan and Rezoning Application No. 299005 and Ravine Consent Application No. 099013:

These applications were submitted on May 4, 1999, however Application No. 299005 was held at the request of the applicant pending revisions to address some of the issues raised at the Committee of Adjustment hearing. Revised plans were received on May 27, 1999 and the now complete application was circulated on May 28, 1999. The revised plans differed from the original plans in the following ways:

-the number of row houses proposed was reduced by 1 from 16 to 15.

-three row houses were reoriented so as to front Roslin Avenue instead of the interior driveway/courtyard.

-the central, north-south driveway was extended further south to, among other things, accommodate visitor parking spaces.

-the height of the proposed row houses was reduced somewhat to, according to the project architect, comply with the Zoning By-law.

1.3Appeal to the Ontario Municipal Board:

On May 13, 1999 the applicant provided a notice of appeal with respect to the refused applications for consent and minor variances. The applicant intends to appeal all other appealable applications when he is in a position to do so, and to have these matters consolidated into a single hearing. A date for a hearing before the Ontario Municipal Board has not yet been set.

2.0Site:

The site is located on the south side of the cul de sac at the end of Roslin Avenue. The site has an area of 5,759.8 m2 (0.576 ha) and is partially within the Riverview Drive Ravine.

The site currently accommodates 6 house form buildings. To the east is the Riverview Drive Ravine, to the south the rear yards of single family dwellings fronting onto Braeside Road, and to the west and north single family dwellings fronting onto Roslin Avenue.

3.0Proposal:

This application is for the construction of 15 row houses in four clusters with one partial level of underground parking. The development would be accessed from Roslin Avenue via a private driveway leading to two ramps to the underground garage. Three of the four clusters of row houses front onto the private driveway while the northwest cluster, comprising three row house units, fronts onto Roslin Avenue.

Thirty parking spaces for residents are proposed to be accommodated in the underground garage along with four surface parking spaces for visitors for a total of 34 parking spaces.

4.0Applicable Planning Controls:

4.1Official Plan

The majority of the site is designated as a 'Low Density Residence Area' by the Part I Official Plan which permits residential buildings having a gross floor area up to 1.0 times the area of the lot provided, among other things, that appropriate regard is had for the effect of such buildings on the stability and general residential amenity of the Residence Area. Approximately one sixth of the site is designated as 'Natural Area' in recognition of the topography and vegetation of the Riverview Drive Ravine. It is the policy of Council to protect, preserve and maintain Natural Areas.

4.2Zoning By-law:

The site is zoned R2 Z0.6 which permits most types of residential buildings to a maximum density of 0.6 times the area of the lot. The maximum height permitted is 10.0 metres.

4.3Ravine Control:

The easternmost portion of the site is within the Riverview Drive Ravine. Development within ravines is strictly regulated by Chapter 276, Ravines of the former City of Toronto Municipal Code.

4.4Site Plan Control:

The site and the proposed development are subject to site plan control. Application No. 299005 includes a request for site plan approval.

4.5Permission to Injure or Destroy Trees:

Portions of the site are moderately treed and the proposed development will require the removal of an estimated twelve trees having a diameter of thirty (30) centimeters or more. An Arborist Report, including a tree survey, has been submitted for review by the City Arborist. An application to injure or destroy trees has also been required to be submitted in accordance with Chapter 331 of the former City of Toronto Municipal Code.

5.0Reasons for the Application:

An Official Plan amendment is needed because the density proposed for the individual lots will, in five cases, exceed the maximum permitted density of 1.0 times the area of the lot. However, the total density of the 15 row houses in relation to the unsubdivided site would only be 0.66 times coverage.

The rezoning is necessary, in general terms, because the overall density proposed of 0.66 times the area of the lot slightly exceeds the maximum permission of 0.6 times coverage. Further, the densities proposed for individual lots range between 0.2 and 1.2 times coverage and exceed the maximum permitted density in eleven instances.

Other areas of non-compliance, which are typical for developments where all units do not front onto the street, arise because:

-12 of the 15 row houses will be located to the rear of another building;

-some of the proposed row houses will be constructed deeper in the lot than permitted;

-the frontages of 13 of the 15 proposed lots will be narrower than required; and

-minimum building setbacks will not be provided in many instances.

A complete listing of specific compliance issues for the original (16 unit) application is attached as Appendix A. A listing for the revised (15 unit) development scheme is not yet available, however, the nature of the new variances will be similar.

The proposed development will necessitate excavating into the Riverview Drive Ravine to accommodate the northeast corner of the below grade garage. Therefore, ravine consent is required.

Development of this scale is subject to Site Plan Approval which is concerned with detailed site planning matters such as landscaping, waste storage and handling, parking and access.

6.0Issues to be Resolved:

This proposal deals with a large site partially within a protected ravine.

The concept advanced by the application has a number of positive features. The scale of the proposed development and the building densities are well within the maximum permitted by the Official Plan and only marginally beyond the limits of the Zoning By-law. Building heights are within the permitted 10.0 metres. The housing form proposed is compatible with development in the area and, excepting the northeast corner of the garage, the proposed development is at least 10 metres removed from the protected ravine.

The proposal departs from the existing development pattern in the district. The proposal also departs from several provisions of the site planning formulae of the Zoning By-law, by locating new row houses parallel and perpendicular to Roslin Avenue with 12 row houses fronting onto a private driveway/courtyard rather than a public street.

This design uses the additional density available while minimizing change to, or impacts upon, the Roslin Avenue streetscape. It represents an interesting approach to the redevelopment of the site which is large enough to accommodate a number of triplex buildings within the general intent of the By-law. However, the impacts of locating new buildings fronting onto a private driveway/courtyard on the surrounding area needs to be assessed in detail. Issues to be considered and to be resolved include, but are not limited to, the following:

6.1Demolition of Rental Housing

The applicant will be required to submit detailed information respecting the number of rental units on site and the applicable rental rates. This will enable staff to assess the applicability, if any, of City Council's policies respecting the replacement of affordable rental units.

6.2Ravine Protection:

To assist in determining the impact of the proposed development on the ravine, the applicant will be required to submit an environmental impact study. To begin, the study should include a plan showing the extent of excavation, an overlay of building outlines on the previously submitted Tree Plan, and a drainage plan. This will help staff to assess the proposal's impact on slope stability and the extent of damage to vegetation.

It may be necessary to reduce the extent of the below grade garage.

6.3Tree Protection:

The applicant has submitted an application to remove and/or damage trees for the review and approval of the Commissioner of Economic Development, Culture, and Tourism, Parks. Plans prepared for the original 16 unit scheme proposed the removal of approximately 12 trees having a diameter of thirty (30) centimeters or more. A revised Arborist Report will have to be submitted for the current 15 unit development scheme.

6.4Landscaping:

The applicant will be required to submit a revised landscaping plan for the current 15 unit proposal. The applicant should reduce the length of the private driveway in order to improve the courtyard landscaping south of the garage ramps, unless the driveway extension is required for fire trucks or other similar reasons.

6.5Servicing:

Plans submitted to date will be reviewed with respect to fire truck access and the implications, if any, of building adjacent to the sewer easement which bisects the site. The applicant will be required to submit a detailed explanation of how garbage is to be stored and picked up.

6.6Parking:

As a portion of the proposed driveway will be required to be eliminated the number and location of proposed visitor parking spaces will have to be reconsidered. As well, the acceptability of providing two parking spaces per unit will be assessed.

6.7Building Height and Massing:

While, according to the project architect, the proposed buildings do not exceed the permitted height limit, it may be desirable to reduce the height and/or mass of those units immediately adjacent to lower building forms or the ravine. Specifically, I am concerned respecting the height of Unit 1, Units 4 and 5 and Units 8 to 15.

The applicant will be required to submit photographs and plans to clearly illustrate the visual impact of Units 8 to 15 and their associated ground floor projections from the ravine.

The applicant will also be required to submit a sun/shade analysis to illustrate the impact of the proposed development on the rear yards of Nos. 219 and 205 Roslin Avenue.

6.8Elevation Drawings:

The applicant will be required to submit revised elevation drawings showing:

-the exact height of residences immediately adjacent to the site (Nos. 215, 221, 223 and 225 Roslin Avenue);

-the height above ground level of the rear yard terraces for Units 8 to 15. It would, if possible, be highly desirable to reduce the height of these terraces;

-an improved articulation of the 3rd floor of the west elevation of Unit 1;

-elimination of rear balconies from Units 4 and 5 to protect the privacy of the occupants of No. 205 Roslin Avenue;

-the use of translucent glass in the rear wall of Units 4 and 5 at the second and third floor levels to protect the privacy of the occupants of No. 205 Roslin Avenue;

-the addition of two gate posts or similar entry feature upon which the addresses of the internal row houses and possibly the location of visitor parking can be noted; and

-the elevations of the interior ends of Units 4, 11 and 12.

7.0Next Steps:

As a next step a public meeting should be held in the neighbourhood to provide a forum for public discussion and feedback on the development proposal. Subsequently, I will meet with the applicant to review required changes to the proposal in response to public concerns and those raised by civic officials. I will report back to Toronto Community Council with my final recommendations and to seek instructions respecting the position to be taken before the Ontario Municipal Board.

Contact Name:Raymond David

Telephone: 416-392-7188

E-mail: rdavid@toronto.ca

Beate Bowron

Director, Community Planning, South District

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Appendix A

Comments from Urban Planning and Development Services (Buildings), dated March 16, 1999 (Revised March 26, 1999).

Zoning Review (Respecting Applicant's Original 16 Unit Proposal)

The list below indicates where the proposal does not comply with the City's Zoning By-law 438-86, as amended, unless otherwise referenced. For the proposal to proceed, the plans may be revised to comply, an application for variance(s) be granted by the Committee of Adjustment, or City Council adopts a site specific By-law. Revised plans should be sent to the Examiner, Tony Facciolo. For information on Committee of Adjustment approvals and application forms, please visit the Committee of Adjustment Office, Main Floor West, Toronto City Hall or telephone (416) 392-7565. For an application for a site specific By-law, telephone (416) 392-7132.

1.The by-law requires each principal building to be assigned a defined part of the parcel of land. The proposed buildings will have a partial common basement and are to be considered separate buildings. (Section 2, definition of "lot".)

2.The by-law permits a maximum height of 10.0 metres. The proposed buildings will have various heights from 10.22 metres to 10.705 metres. (Section 2(1) Definitions "Height")

3.The by-law requires a residential building to be located on a lot having a minimum front lot line of 3.5 metres where fronting or abutting a highway assumed for public highway purposes. The proposed residential buildings will be located on lots having a front lot line of 0.713 metres for units #10 to #16 inclusive. (Section 4(11)(a))

The by-law also requires the lots to have a minimum lot frontage of 6 metres. The proposed lot frontages are 0.713 metres at the distance of 6 metres from the front lot lines for lots 2 to 15. (Section 6(3)PART VII(ii)

4.The by-law requires a building not be located behind any other building and not to be located to the front of a residential building creating a condition of having a residential building to the rear of another building. The proposed buildings will be located in front of a residential building and to the rear of another building. (Section 4(11)(b))And (Section 4(11)(c))

5.The by-law requires a building to have a minimum rear yard setback of 7.5 metres. The proposed rear yard setback is approximately 5.0 metres at the stairs to the basement garages. (Section 6(3) PART II 4)

6.The by-law limits the total residential gross floor area in an area zoned R2 Z0.6 to 0.6 times the area of the site: 3,455.8 square metres. The proposed residential gross floor area of all the buildings on the site(4,044.0 square metres) exceeds the maximum permitted by approximately 588.2 square metres. The specific building on each lot will exceed the maximum permitted as follows: (Section 6(3) PART I 1

UNIT # LOT AREA PERMITTED RGFAPROP. RGFA OVER

1190.6114.36240.5126.14

2 160.796.42250.3153.88

3167.4100.44250.3149.86

4255.4153.24257.3104.04

5266.3159.78257.397.52

6191.7115.02250.3135.28

7198.4119.04250.3131.26

8478.2286.92257.3OK

91,032.8619.68257.3OK

10366.3219.78250.330.52

11358.5215.10250.335.2

12522.8313.68257.3OK

13511.0306.60257.3OK

14332.3199.38250.350.92

15323.1193.86250.356.44

16404.3242.58257.314.72

Totals5,759.83,455.884,044.0

The above figures are as supplied by applicant Architect, to be confirmed by O.L.S. prior to application for building permit.

7.The by-law requires a building on an inside lot to have a minimum front lot line setback of 6.2 metres. The proposed front lot line setback is zero metres at the stairs to basement garage and 3.16 metres to the front wall at unit #1. (Section 6(3) PART II 2(ii))

8.The by-law limits a building in a 0.6 zone to a maximum depth of 14.0 metres. The proposed row houses on units #3 to #14 inclusive will exceed the permitted depth. (Section 6(3) PART II 5(i))

Other Applicable Legislation and Required Approvals

1.A Variance is required from the City of Toronto Municipal Code, Chapter 276, Ravines.

2.The by-law requires the proposed lots to be capable of being conveyed in accordance with the provisions of the Planning Act. The proposed lots require severance consent from the Committee of Adjustment prior to the issuance of a building permit. (Section 6(3) PART IX 1(a))

3.The proposal requires Site Plan approval under Sections 41 of the Planning Act . The property is also located within an area of Ravine Control. Please call (416) 392-7352 for an application or further information

4.The proposal requires conveyance of land for parks purposes, or payment in lieu thereof pursuant to Section 42 of the Planning Act. Please see the attached sheet for Parks Levy information and processing requirements.

5.The proposal DOES NOT require the approval of Heritage Toronto under the Ontario Heritage Act.

6.The issuance of any permit by the Chief Building Official will be conditional upon the proposal's full compliance with all relevant provisions of the Ontario Building Code.

7.The proposal requires the approval of City Works Services regarding ramp approval, curb cuts and survey approval. For an application and further information call (416) 392-7708.

8.All work within the City's road allowance will require a separate approval by City Works Services. For an application and further information call (416) 392-7877.

9.Rights of Way are to be provided for access to parking areas and other common access areas.