2426-2438 WESTON ROAD - OMB APPEAL - OFFICIAL PLAN

AMENDMENT 127 (WESTON SECONDARY PLAN); AND

ZONING BY-LAW NO. 3623-97 (HOUSING BY-LAW AMENDMENT)

Ward 27, York Humber.

Director, Community Planning, West District

(January 29, 1999)

Purpose:

To consider the applicant's proposal for a 16-storey apartment building and to give direction to staff regarding the City's position for an upcoming Ontario Municipal Board Hearing respecting the above-noted appeal and proposal.

Funding Sources, Financial Implications and Impact Statement:

City funding is not required. There are no impacts on capital or operating budgets.

Recommendations:

It is recommended that:

(1)Community Council endorse the applicant's proposal as modified by this report and staff be directed to support the modified proposal respecting the appeal to the Ontario Municipal Board of Weston Secondary Plan policies and Zoning By-law 3623-97 (Housing By-law Amendment);

(2)the concerns raised by CN Rail and the Toronto and Region Conservation Authority be incorporated and addressed to their satisfaction, as part of the Site Plan Approval process, among any other site plan matters.

Background:

Proposal:

The owners of 2426-2438 Weston Road, who have appealed portions of the Weston Secondary Plan and Zoning By-law 3623-97, are proposing a 16-storey apartment building, generally intended for senior citizen accommodation, at a floor space index density of 3.35.

Site and Surrounding Area:

The subject lands are located on the west side of Weston Road immediately north of the CN Rail line, south of Highway 401. The property has an area of 0.47 hectares (1.16 acres) and a frontage on Weston Road of 59 metres (193 ft.). A location map is attached as Appendix 1 to this report. The lands are currently occupied by four detached houses.

The existing uses surrounding the site are as follows:

North:two, 27-storey apartment buildings;

South:CN Rail line and an isolated area of detached homes (Humberview Crescent) south of the rail line;

East:a series of small industrial/commercial businesses across Weston Road;

West:Humber River and ravine.

Official Plan:

The Housing Official Plan Amendment Number 122, adopted in 1995, designated the subject lands High Density Residential, which permits a density within a range of 125 to 300 units per hectare and a maximum floor space index "generally not exceeding 3.0 f.s.i.."

In 1997, the former City of York Council adopted Official Plan Amendment Number 127, the Weston Secondary Plan, which established a maximum floor space index (f.s.i.) of 2.5 and maximum height of eight storeys for the Weston Road High Density Residential Corridor, within which 2426-2438 Weston Road is included in proximity to its northern limit. The Weston Secondary Plan also set out the following site-specific policies regarding 2426-2438 Weston Road:

5.8.1Nothwithstanding the aforementioned clauses, it is recognized that the lands at 2426to2438Weston Road have some particular constraints with respect to access to and from Weston Road, and to setbacks from the Humber River Valley and the CN railway right-of-way. These constraints may limit the density that can be appropriately achieved on these lands. Development proposals for this site shall be accommodated by detailed plans and site-specific studies as part of the implementing Zoning By-law application to determine whether the maximum density of 2.5 f.s.i. can be achieved to address access to and from Weston Road.

5.8.2Notwithstanding the general policy of having an 8 storey height limit along the WestonCorridor, some minor adjustment to this limit may be considered for this site subject to urban design review and the ability of the site to accommodate a redevelopment project.

Zoning By-law:

On October 1, 1997, the former City of York Council passed Zoning By-law 3623-97 (Housing Zoning By-law Amendment) which, as per Council's direction and against the recommendation of planning staff, rezoned the subject lands from R2-Residential (a low density zone permitting detached, semi-detached and duplex houses) to RM2-Residential Multiple which permits higher-density house forms including apartments. In keeping with the policies of the Weston Secondary Plan, the RM2 zone permits a maximum density of 2.5 f.s.i. and maximum height of eight storeys. A units per hectare density is not stipulated by the Secondary Plan.

Zoning By-law 3623-97 also establishes a 45 degree angular plane provision, a minimum front yard setback of 1.0 metres and a maximum front yard setback of 6.0 metres. Taken together, these regulations encourage buildings to be constructed close to the street, but, through the angular plane provision, limit the visual impact of higher profile buildings by requiring the upper floors to be "stepped back" a greater distance from the street or adjacent low density residential areas.

Ontario Municipal Board Appeals:

The owners of the subject lands have appealed the maximum floor space index and maximum height as established by the Weston Secondary Plan, as well as site specific policies 5.8.1 and 5.8.2 of the Secondary Plan as noted above. They have also appealed those sections of Zoning By-law 3623-97 pertaining to maximum floor space index, maximum height, minimum/maximum front yard setback and angular plane provisions.

The owners contend that the Secondary Plan policies, maximum height and density provisions, and the other development regulations noted above are unreasonably restrictive and will inappropriately limit the redevelopment potential of the subject lands.

A series of Ontario Municipal Board Pre-Hearing Conferences have been held respecting the above-noted appeals. As a result of the conferences, the appellants were required by the Board, under a Procedural Order issued on October 14, 1998, to submit for the City's review and comment, plans for the proposed redevelopment of the site. The plans were to address the issues before the Board as described above, as well as site access and egress, which was identified as an issue by planning staff, given the site's location abutting the CN Rail over pass on Weston Road and it's impacts on motorist's sight lines and visibility.

Originally, under the Board's Procedural Order, planning staff were to have provided our comments to the appellants 15 days prior to the full OMB Hearing, which was scheduled for January 4, 1999. However, once the plans and drawings were received from the appellant, staff considered that a negotiated settlement could be achieved, and requested that the Hearing be adjourned until Community Council had an opportunity to consider, and if acceptable, endorse, planning staff's position on the redevelopment plans for the subject lands. The Ontario Municipal Board approved the adjournment and rescheduled the Hearing for the week of March 22, 1999.

Comment:

Development Plans:

Redevelopment plans were submitted by the appellants to the City on November 20, 1998. The plans were accompanied by a preliminary traffic assessment from the appellant's traffic consultant. Reduced copies of the site plan and building elevations are attached as Appendices 2 and 3 to this report. The Preliminary Traffic Report is attached as Appendix 4. A summary of the project statistics is provided below.

Site Area:0.47 ha (1.16 acres)

Units:216

Density:460 uph./186 upa

Gross Floor Area:15,691.8 m²/168,910.6 ft²

Floor Space Index:3.35

Unit Size:ranging from 60 m² (650 ft²) to 88 m² (950 ft²)

Parking Provided:0.55 space/unit - 120 spaces (including 8 visitor)

Parking Required:

senior citizen non-profit

or publicly subsidized0.4 space/unit - 86 spaces

apartment

apartment house0.85 space/unit for bachelor and 1 bedroom;

0.95 space/unit for 2 bedroom and greater; and

0.25 space/unit visitor parking

condominium apartment1.0 space/unit for bachelor and 1 bedroom;

house1.2 spaces/unit for 2 bedroom and greater; and

0.25 space/unit visitor parking

The Weston Road elevation of the building is stepped back at the 9th and 13th storeys, and the rear wall of the building facing the Humber ravine is stepped back at the 13th and 16th storeys. The main entrance to the building is recessed beneath the upper floors.

Vehicular access to the property is proposed by means of a "right-in" entrance at the north extent of the property and a "right-out" access at the south end of the property. A three level parking garage (underground level, grade level and roof level) is proposed along the south property line, acting as a buffer between the CN Rail corridor and the building. A loading and garbage removal bay is proposed between the apartment building and the entrance to the parking garage.

A total of 120 parking spaces are proposed, 112 within the garage and eight visitor spaces located off the access driveway. The parking spaces proposed comply with the requirements of Zoning By-law 1-83 for a non-profit or publicly subsidized seniors' apartment building, but do not meet the minimum By-law requirements for a market rental apartment or a condominium development.

According to the project architect, an increase in parking supply could be achieved through the provision of an additional underground parking area, should the proposed development be subject to higher parking standards under Zoning By-law 1-83.

Department and Agency Comments:

Planning staff circulated the plans and preliminary traffic report to the appropriate departments and agencies for review and comment. The plans were also sent for comment to the consultant who undertook the Weston Secondary Plan Study, Mr. Joe Berridge of Urban Strategies Inc.. The comments received, as well as planning staff's comments, have been organized below based upon the issues before the Ontario Municipal Board.

i)Building Design and Site Considerations

Maximum Height and Density (Floor Space Index)

Mr. Berridge reviewed the proposed development based upon the policies and urban design guidelines of the Weston Secondary Plan. Mr. Berridge raised concerns with the height and scale of the proposal in that it doesn't quite maintain and enhance the "main street" qualities of the WestonRoad Corridor. Notwithstanding the consultant's concerns, given the constraints of the site, staff believe that a height of 14 storeys, stepped back as per the plans submitted by the appellants, and an increase in density from 2.5 f.s.i., the maximum allowed by the Weston Secondary Plan and Zoning By-law 3623-97, to 3.0 f.s.i., is acceptable based primarily upon the following considerations:

-the unique and somewhat isolated location of the subject lands on the fringe of the WestonRoad Corridor, beyond the CN Rail overpass, which functions as a physical, visual and psychological barrier between the "main street" area of Weston Road to the south, and the area north of the overpass which exhibits less of a "main street" character;

-a reasonable increase in height and density will allow for a more gradual visual transition between the existing 27-storey apartment towers immediately north of the subject lands and the core of the Weston Road "main street" area located south of the CN Rail overpass, for which 8 storeys is the maximum permitted height; and

-notwithstanding the maximum densities allowed under the Weston Secondary Plan, the Official Plan's general housing policies respecting high density residential areas allows a maximum floor space index "up to, but not generally exceeding 3.0;"

-by "stepping" the building back above the 8th and 12th floors, the visual impact of additional height on Weston Road can be minimized and the architectural interest of the building can be enhanced.

Setback from CN Rail Line

CN Rail has commented that they object to the proposed development since it does not comply with their Principal Main Line Requirements, which include a required 30 metre (98 ft.) setback of the building from the railway right-of-way. The proposed development provides a 21 metre setback to the apartment building. CN's requirements also address issues such as noise attenuation barriers and ground vibration transmissions. CN has requested that they be advised of the City's position with respect to the proposed development and that they receive notice of the Ontario Municipal Board Hearing.

It is noted that notice of the passing of By-law 3623-97 was given directly to CN Rail. The notice clearly identified the site and indicated that the RM2 zoning of the site permitted apartment buildings at a height of eight storeys and with a maximum floor space index of 2.5. CN Rail did not appeal Zoning By-law 3623-97.

The reduced setback from the rail right-of-way as proposed by the appellant is critical to the redevelopment potential of the lands as proposed. It is the responsibility of the property owners to approach CN Rail to determine whether the required 30 metre setback can be reduced in favour of other or enhanced impact mitigation measures. On the basis of discussions with the appellant, staff believe that a resolution of this issue can be addressed at the site plan approval stage with enhanced mitigation measure details and design drawings provided to and approved by CN Rail for incorporation as part of site plan approval. CN Rail agrees with this position, provided they receive assurance from Council that these concerns will be addressed to CN's satisfaction. Recommendation number two of this report requires that CN Rail's concerns be incorporated and addressed to their satisfaction, as part of the site plan approval process.

Planning staff will forward a copy of this report to CN Rail, along with minutes of Community Council and Council to confirm the City's position with respect to this matter.

Rear Yard Setback

The subject property is located in close proximity to the Humber River ravine. The proposed parking garage and apartment building are setback a minimum of 17 metres (56 ft.) and 25 metres (82 ft.), respectively, from the rear lot line. From the drawings submitted, it appears the top-of-bank is located off-site, seven metres west of the rear lot line of the property.

With respect to the location of the proposed development relative to the Humber ravine, the Toronto and Region Conservation Authority has commented that it has no objection, provided that a geotechnical investigation be conducted to determine the overall stability of the slope and the location of the long term stable slope line, and that a detailed grading plan be submitted for their review. The Authority also requires that all lands below the long term stable slope line be placed into public ownership.

Like those offered by CN Rail, the requirements of the Toronto and Region Conservation Authority can be satisfied through the Site Plan Approval process.

Vehicular Access and Egress

The City's Transportation Department has reviewed the plans and preliminary traffic report and has commented that, ultimately, the most appropriate access to the subject lands would be gained via a right-of-way over the abutting lands to the north containing the two 27-storey apartment buildings. Such a right-of-way would permit access to the subject lands to be controlled by the traffic lights at the Weston Road - Oak Street intersection.

If a right-of-way cannot be negotiated with the owners of the abutting lands, the Transportation Department will permit a "right-in" access at the north end of the property, and a "right-out" egress at the south end. A "left-in" access may be permitted at the north end of the property pending the submission, by the owner, of a southbound Weston Road traffic gap study. This matter may be resolved at the site plan control stage.

Front Yard Setback and Pedestrian Amenities

Zoning By-law 3623-97 establishes a minimum front yard setback of 1.0 metre and maximum front yard setback of 6.0 metres. The objective is to encourage buildings to locate close to the street, thereby maintaining a "main street" environment.

The proposed apartment building provides a maximum front yard setback of 7.5 metres, due primarily to the location of the driveway between the front building wall and the front property line. The proposed setback is established from the proposed westerly limit of Weston Road as widened to meet the 27 metre desired road allowance width established by the Metropolitan Official Plan. Since there appear to be no other appropriate options for the design and location of the driveway, the proposed 7.5 metre maximum front yard setback is acceptable and in keeping with the intent of the regulation contained within Zoning By-law 3623-97.

However, the proposed treatment of the front yard area is an issue for planning staff. The site plan for the development identifies eight parking spaces in the front yard off the access driveway, and makes no provision for pedestrian or handicapped access to the Weston Road sidewalk. Although these matters will be addressed through the Site Plan Approval process, it is appropriate to note at this stage that eight visitor parking spaces in the front yard may be excessive in terms of their impact on available landscaping area, and that appropriate pedestrian and handicapped connections to the Weston Road sidewalk will be required.

Height and Angular Plane

As mentioned above, Zoning By-law 3623-97 establishes a 45 degree angular plane for the purpose of regulating building height. In the case of the proposed redevelopment, the angular plane is to be drawn from the opposite limit of the existing Weston Road right-of-way instead of the limit of the possible future road right-of-way at it's prescribed 27 metre width as shown in the Schematic Section drawing attached as Appendix 3.

Upon review of this matter, the stepped-back design of the building height would fall well within the 45 degree angular plane regulation as correctly applied from the opposite existing Weston Road street line when the 15th and 16th floors are removed and the mechanical penthouse is lowered accordingly. Staff view that maintaining the proposed stepping of the building away from WestonRoad is important in order to minimize the visual impact of the additional height proposed and to enhance the design and appearance of the building. However, given the proposed 7.5 metre front yard setback, regulating the stepping of the building as proposed cannot be appropriately ensured only by the use of the 45 degree angular plane provision. Therefore, staff propose to set out additional setback regulations in the By-law for the 9th through 12th and 13th through 14th storeys of the building, rather than relying solely on the 45 degree angular plane provision.

It should also be noted that the Schematic Section drawing submitted incorrectly depicts the height of the existing 27 storey apartment buildings located immediately north of the subject lands in relation to the height of the proposed development.

ii)Other Planning Considerations

Parkland

The subject lands are in close proximity to Mallaby Park, located at the north-west corner of WestonRoad and St. Phillips Road, and to the North Parkette, located on the east side of WestonRoad, immediately south of the CN Rail Corridor. Parks and Recreation staff have advised that a northward extension to Cruikshank Park, located along Humber River to the south of the subject lands, with access in close proximity to the subject lands is being considered. Such an extension would improve the subject land's location relative to the Humber River parks system.

Services and Accessibility

With respect to local services and shopping opportunities, the Crossroads Plaza is located on the east side of Weston Road, just north of the subject lands. The Plaza contains several large anchor stores including a food store.

The subject lands are serviced by three bus routes which travel this section of Weston Road, and are within four kilometres of the Weston Station of GO Transit's Toronto to Georgetown Line. The TTC has been in contact with the project architect and is confident that access to the site can be designed to accommodate Wheel Trans vehicles.

Schools

Both the Toronto District and Toronto Catholic District School Boards have based their comments upon the possibility that the proposed apartment may be a market rental or condominium development, and not a seniors residence.

The Toronto District School Board advises that junior and middle school students emanating from the proposed development can be accommodated at the H.J. Alexander and C.R. Marchant schools, but only upon the scheduled September, 1999 completion of the new Portage Trail Junior and Middle Community Schools. High school students can be accommodated at Weston Collegiate Institute.

The Toronto Catholic District School Board has commented that a preliminary review of the proposal indicates that the elementary and secondary schools serving the subject area could not accommodate students emanating from this development.

It should be noted that notice of the passing of By-law 3623-97 was given directly to both the Toronto District and Toronto Catholic District school boards. The notice clearly identified the site and indicated that the RM2 zoning of the site permitted apartment buildings at a height of eight storeys and with a maximum floor space index of 2.5. Neither Board appealled Zoning By-law3623-97. By way of this report, the Ontario Municipal Board will be advised of the School Boards' comments.

Public Consultation:

As there has been no public awareness and consultation regarding the proposal, public notification has been provided to advise of Community Council's consideration of the matter in an information meeting forum at the February 17 Community Council Meeting. The protocol for Planning Act Public Meeting notification has been used to assist Community Council in making an informed decision on the direction staff is to follow for the upcoming O.M.B. hearing on the matter.

Conclusion:

Based upon the comments noted above, and subject to the endorsement of Community Council, planning staff are prepared to attend the Ontario Municipal Board Hearing on March 22, 1999 and present the following position in support of a modified proposal.

Official Plan Appeal (Weston Secondary Plan):

The plans submitted by the appellant have demonstrated the extent to which subject lands may be reasonably redeveloped. Therefore, the planning staff opinion with respect to the appeal of the Weston Secondary Plan Amendment to the former City of York Official Plan, is that the subject lands continue to be designated High Density Residential as per the Weston Secondary Plan; however, site specific policies 5.8.1 and 5.8.2, as noted above, which refer to the subject lands, be replaced with the following site specific policy:

5.8.1Notwithstanding the aforementioned clauses, the lands at 2426 to 2438 Weston Road may be redeveloped to a maximum density of 3.0 F.S.I. and maximum height of 14 storeys, provided the visual impact of the additional building height beyond the eighth storey be minimized by stepping the building back from Weston Road above the eighth storey.

Zoning By-law 3623-97:

It is recommended that the regulations of Zoning By-law 3623-97 apply to the subject property along with the following provisions:

-the maximum floor space index shall be 3.0 f.s.i.;

-the maximum building height shall be 14 storeys, and in addition to the 45 degree angular plane requirement, a 5.0 metre step back at the 9th and a 4.0 metre step back at the 13th storey, from Weston Road shall be required; and

-the minimum front yard setback shall remain at 1.0 metre and the maximum front yard setback shall be 7.5 metres.

The staff position noted above reflecting a modified proposal was presented and discussed with the appellant's agent. The agent has orally advised that, with Council's approval, the appellant is prepared to support the modified proposal implementing the Official Plan policy and zoning regulations as set out in this report and will further address the matter at Community Council on February 17, 1999.

It is felt that the staff position represents an acceptable compromise between the maximum height and densities proposed by the Official Plan policies and Zoning By-law 3623-97 and the owners' proposal for a 16 storey apartment building with a floor space index of 3.35. Staff's position is acceptable to the appellant and, with Council's approval, would establish a settlement agreement which can be presented to the Ontario Municipal Board. Staff also recommend that CN Rail's concerns be satisfactorily addressed at the site plan approval stage.

The amended policies and zoning regulations proposed by staff will result in a development which will be in character with the surrounding area, and will not jeopardize the "main street" objectives of the policies and zoning for the remainder of the Weston Road high density residential corridor.

Staff therefore recommend that Council endorse the applicant's proposal, with modifications noted herein, as the basis for the City's position at the Ontario Municipal Board hearing. The amended policy and regulations noted above will be prepared in Official Plan Amendment and Zoning By-law Amendment format for consideration by the Ontario Municipal Board at the March 22, 1999 hearing.

Contact Name:

Henry Byres, Senior PlannerTel: (416) 394-2618

York Civic Service CentreFax: (416) 394-2782

(Copies of Appendix 1-3, referred to in the foregoing report were forwarded to all members of Council, with the agenda of the York Community Council for the meeting of February17and18,1999, and copies thereof is on file in the Clerk's Division, York Civic Centre.)