OMB HEARING ON REFERRAL OF OFFICIAL PLAN

AMENDMENT 128, OAKWOOD-VAUGHAN SECONDARY

PLAN FOR 2 HEATHDALE ROAD AND 1608 BATHURST STREET

OWNER: ESTATE OF SUSAN BURTON

AGENT: A. PATON, SOLICITOR - Ward 28 - York-Eglinton

Director of Community Planning - West District

(June 23, 1999)

Purpose:

To consider the applicant's proposed Official Plan Amendment to redesignate the lands from Low Density Residential to Medium Density Residential with specific limitations on the Medium Density Residential designation and to give direction to staff regarding the City's position for an upcoming Ontario Municipal Board Hearing respecting the referral and the 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 revised by this report and set out in the draft Modification to Official Plan Amendment 128 attached as Schedule 1, and

(2)the appropriate City officials be authorized and directed to undertake any necessary action to support the revised proposal and introduce the attached draft Modification to Official Plan Amendment 128 (Oakwood Vaughan Secondary Plan) respecting the subject lands at the Ontario Municipal Board.

Background:

Proposal:

At the request of the owner of 2 Heathdale Road and 1608 Bathurst Street, the Minister of Municipal Affairs has referred portions of the Oakwood Vaughan Secondary Plan to the Ontario Municipal Board. The owner is proposing a redesignation of the site from Low Density Residential to Medium Density Residential with limitations by way of a site specific policy to prescribe maximum height, building area through setbacks, additional gross floor area, and number of units and a "house form" building form for any development on the lands. No related rezoning application has been filed.

Site and surrounding Area:

The subject lands are located on the northwest corner of Bathurst Street and Heathdale Road adjoining Cedarvale Park and approximately 0.5 kilometres north of St. Clair Avenue West. A location map is attached as Appendix 1. The property has a frontage on Heathdale Road of 15.14 metres (49.7 feet) and an area of 537.76 m² (5788.6 ft²). A legal non-conforming four level multiple dwelling house containing four units currently exists on the site.

The site topography is such that it slopes down from the south (Heathdale Road) toward the north (rear of the lot) thus exposing the lower level of the dwelling house along Bathurst Street. At the rear of the building is an attached two-car garage and gravel parking area beyond. A site plan is attached as Appendix 2.

The existing uses surrounding the site are as follows:

North:City of Toronto vacant surplus land parcel and Cedarvale Park and ravine, both zoned G-Green Open Space District

East:Cedarvale Park and ravine and low rise apartment buildings along Bathurst Street

South:Three-storey semi-detached dwellings on the opposite side of Heathdale Road and a mix of residential uses consisting of three and four storey apartment buildings and detached dwellings along Bathurst Street.

West:Single detached homes along Heathdale Road

Official Plan:

The Oakwood Vaughan Secondary Plan Official Plan Amendment No. 128 adopted on October 5, 1994 by By-law 2944-94 designates the lands Low Density Residential. Policies for this designation permit single detached, semi-detached, and duplex dwellings as well as townhouse dwellings or other ground-oriented dwellings subject to approval through a rezoning process. Other uses such as one apartment-in-house (second suite), home occupations, group homes, schools, parks, places of worship, and municipal uses and facilities necessary for the community are also permitted. The Oakwood Vaughan Secondary Plan Amendment states that Low Density Residential areas shall be regarded as stable, and shall be protected to ensure adjacent redevelopment activity is generally of a scale and character which is compatible with the existing housing form.

Zoning By-Law

On October 1, 1997, the former City of York Council passed Zoning By-Law 3623-97 (Housing Zoning By-Law Amendment). The amendment continued the R1- Residential District zoning of the lands to implement the Low Density Residential designation and policies of the Oakwood Vaughan Secondary Plan. The R1 zoning permits single detached dwellings, an apartment-in-house, schools, parks and places worship. While By-law 3623-97 is under appeal by other parties for other reasons, the owner did not appeal the R1 zoning designation of his site. The owner does not wish to pursue a Zoning By-law Amendment application at this time to implement the requested Official Plan Amendment proposal.

Ontario Municipal Board referral.

The landowner requested the referral of Schedule 1 and Schedule 2 of the Oakwood Vaughan Secondary Plan. Schedule 1 designates the site Low Density Residential and Schedule 2 identifies areas to which specific policies as set out in the Secondary Plan apply.

The owner's referral request was based on his contention that the Low Density Residential designation is not appropriate for the site and should be designated as Medium Density Residential and either included as an extension of abutting Area 6 (West side of Bathurst Street, South of Heathdale Road) or as a new Area 8, to act as a buffer to the low density residential area to the west. The owner noted that the Low Density Residential designation would maintain the existing multiple unit dwelling not in compliance with the Secondary Plan.

A series of Ontario Municipal Board Pre-Hearing Conferences have been held respecting this referral. The Board has set a hearing date commencing on September 27, 1999 and will hold a further Pre-Hearing Conference on July 30, 1999 to finalize the procedural order and consider any additional motions to be brought before the Board. As a result of these conferences, the appellant and staff have held discussions in an attempt to identify mutually acceptable options to resolve issues underlying the referral request. Following these discussions, the owner's solicitor and planning consultant on April 16, 1999 submitted the more detailed Official Plan Amendment proposal summarized earlier. Staff has reviewed the proposal and, given the nature of discussions leading up to the proposal, considered that a negotiated settlement could be achieved with some revision and refinements to the proposal.

Comment:

Official Plan Amendment Proposal:

A redesignation of the site from Low Density Residential to Medium Density Residential along with site specific limitations is proposed by the owner. The limitations are as follows:

(1)A maximum height equal to that of the existing building;

(2)A building footprint that approximates the existing building with setbacks equal to the existing setbacks but extended out to the rear wall of the attached garage;

(3)A statement that the building form for any new or renovated building will remain "house form";

(4)An increase in gross floor area of 200 m² which represents the area of three floors of building to replace the one-storey attached garage at the north end of the existing building, having setbacks equal to the existing building. This extra floor area is likely necessary to recoup the costs of placing some of the parking below grade; and,

(5)An increase in units from 4 to 8, to make efficient use of the existing and new floor area.

The redesignation is requested to bring the existing multiple unit building into conformity with the Official Plan and to permit an opportunity for future redevelopment of the site with a new multiple unit residential building to reflect the same building form, in generally the same location while providing for some increase in units and gross floor area. The owner is prepared to take his case to the Ontario Municipal Board but would prefer to settle this matter prior to the hearing.

A summary comparison of the development statistics that the appellant's proposal would generate as compared to the existing multiple unit dwelling is provided below.

Department and Agency Comments:

Staff circulated the Official Plan Amendment proposal to appropriate departments and agencies for comment. The Municipal Licensing and Standards Division and Building Division of the Urban Planning and Development Services Department; the Ministry of Municipal Affairs, the Solid Waste Management Division of the Works and Emergency Services Department, and Toronto Fire Services reported either no comment or no objections. Toronto Fire Services did advise that the Fire Code Residential Retrofit Legislation may apply to the existing building and that the owner should contact Fire Services to ensure the building is in compliance. The owner has been advised. Planning and Urban Design staff comments are reflected in the discussion of issues that follows:

Official Plan policies for residential intensification or redevelopment:

Section 9.14 of the Official Plan outlines policies to guide the integration of any intensification or redevelopment activities for housing purposes so as to preserve and strengthen the stability of low density residential area. Section 9.14 states that no application to amend the Official Plan in a Low Density Residential designation will be approved except for "sensitively designed medium density or higher forms of housing development for locations which are on the periphery of the existing built form of the low density neighbourhood, subject to a number of planning criteria to assess rezoning or Official Plan Amendment applications in such areas. Discussion of the applicable planning criteria to evaluate the applicant's proposal is presented in the following sections.

Assessment of Proposal

(1)Suitability of site location and characteristics for intensification

Policy 9.14 specifically notes that locations which are generally suitable for intensification or medium density development include sites along arterial streets and sites which contain non-conforming uses, and areas already mixed in character or form of development. The existing site and use at 2 Heathdale Road and 1608 Bathurst Street reflects these attributes.

(2)Availability of transportation facilities

Located adjacent to Bathurst Street, the site is readily accessible to the arterial road system and public transit. This site is within a 0.7 kilometre walking distance of the Heath Street West entrance to the St. Clair Avenue West Subway Station. The Transportation Services Division of the Works and Emergency Services Department has not identified problems with the road network to meet existing needs or the future need arising from the additional units requested by the owner.

(3)Availability of community services and facilities

The site is located within a 0.7 kilometre walking distance of the commercial strip along St. Clair Avenue West where a variety of retail, service, and commercial uses are available. The site also is located adjacent to Cedarvale Park. Although some informal park access points are located in close proximity to the site, the closest formal access, at the Cedarvale Bridge stairway access, is within a 0.7 kilometre walking distance from the site.

Both the Toronto District Catholic School Board and the Toronto District School Board have orally advised they have no concerns with the proposal.

(4)Physical design and visual and spatial relationship to low density residential uses

In order to address the issue of compatibility with the built form character of Heathdale Road and to minimize the impact on the abutting dwelling house to the west, Community Planning and Urban Design staff have reviewed the owner's proposed limitations to the Medium Density Residential designation giving consideration to the visual effects of building height, character, and orientation of any addition to intensify the residential use of the site or to redevelop the site with a new multiple unit dwelling. Staff concur with the owner's proposal that the existing building height of 11.36 m to the roof peak should be respected as a maximum height. This height has been measured from the elevation at the intersection of Bathurst Street and Heathdale Road. The existing building height is within the 11 metre (36 feet) maximum height of building zoning provision that would be apply for similar multiple unit residential buildings. Accordingly, it is recommended that the owner's proposal relating to maximum height be reworded to provide for a maximum height of building of 11 metres.

Staff also concur that a statement should be included in the specific area policy to required that the form of any new renovated building shall continue as a "house form" building with a modification to add a requirement for a building entrance on Heathdale Road and on Bathurst Street.

In terms of building orientation and separation from adjoining low density uses, staff generally concur with the owner's proposal that the footprint and setbacks of any renovated or new building equal that of the existing building extended to the rear limit of the attached garage wall.

However, it is recommended that the applicant's proposal be revised, at minimum, to maintain the current side and rear yard setbacks of the existing building and garage wall adjoining the westerly lot line or the setbacks provisions of the zoning by-law for similar multiple unit dwelling house uses, whichever is greater. Such a modification will maintain existing site lines and development separation for the abutting property at 4 Heathdale Road while also providing opportunity for a protected side and rear yard amenity area for the site. In all other instances, setbacks should approximate, rather than equal, the existing building setbacks extended to the rear most limit of the existing garage wall in keeping with the setbacks provisions of the Zoning By-law for similar multiple unit dwelling house uses.

(5)Vehicular Access and On-Site Parking

On site parking is currently provided in a slightly undersized two-car garage and in a rear yard gravel surface parking area capable of accommodating up to three vehicles.

The surface parking area appears to share the ramp access to the garage, which is directly from Bathurst Street across the flankage of the lot. Sufficient parking for the existing four units is provided to comply with current Zoning By-Law parking standards.

The owner's proposed limitations to the Medium Density Residential designation do not indicate minimum standards for parking and access.

Community Planning and Urban Design staff in consultation with Works and Emergency Services- Transportation Division staff have determined that up to six parking spaces provided as a combination of attached garage spaces and surface parking spaces with one driveway access from Bathurst Street can pragmatically be provided on-site. Parking facilities can be provided in accordance with the parking and access provisions of the Zoning By-law while having regard for the site constraints relating to topography, the location of trees in the rear year and the provision of some outdoor amenity area, and landscaping and screening for the residential dwelling to the west.

Staff recommend that a new limitation to the Medium Density Residential designation be added as to require that parking, driveway and access facilities shall be provided in accordance with Zoning By-law standards.

(6)Capability of the site to support the proposed density and number of units.

Official Plan Policies for Medium Density Residential Areas allow the density of development to generally be within a range from 50 to 125 units per hectare and the floor space index to generally not exceed 1.25, except in specific circumstances as outlined in the Plan. The specific circumstances do not apply to this site.

The owner has proposed limitations to the Medium Density designation to permit an increase of up to 200 m² of additional gross floor area and four additional units. The proposal would result in maximum densities of 148 units per hectare and a floor space index of 1.3, both in excess of the density provisions for Medium Density Residential areas.

While planning staff agree that this site provides an opportunity for some intensification, given its location and context, the degree of intensification should be limited to reflect the constraints of the site relating to the provision of amenity space; landscaping and buffering for adjoining dwellings; the arrangement of development which does not detract from sightlines; the ability to provide a compatible development in building form and height, and the provision of adequate parking and access in accordance with the by-law standards.

Having regard for these objectives, staff recommend that the owner's proposed limitations relating to additional gross floor area (proposed increase of 200m² over the existing gross floor area of 503m²) and to additional units (proposed increase from four to eight units) be both reduced to permit an gross floor area increase of up to 100 m² for a maximum total gross floor area of 603m² and an increase in units from four to six. The additional gross floor area and units can be accommodated on two or three levels of building contained within the expanded attached garage footprint at the north and the approximate footprint of the existing building.

These recommended reductions would ensure that any development on the site would be within the density ranges prescribed for Medium Density Residential areas.

Staff's recommended modifications to the owner's proposed limitations to the Medium Density Residential, which result from the preceding assessment of the proposal, are set out in the Conclusion section of this report.

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 Planning Act Public Meeting forum scheduled for the July 15, 1999 Community Council Meeting. Comments received at the Public Meeting will be considered by Community Council in making an informed decision on the recommended modifications and the direction staff is to follow for the upcoming Ontario Municipal Board hearing on the matter.

Further Planning Approvals:

Despite the proposed Medium Density Residential designation with specific policy limitations, the owner will be required to obtain Committee of Adjustment approval for any extension or enlargement of the existing legal non-conforming use to realize the increased development permission. If the owner intends to redevelop the site for a residential development consistent with the proposed Medium Density Residential designation and limitations, approval of a Zoning By-Law Amendment to give effect to the proposed Official Plan Amendment and a Site Plan Control application, will be required.

Conclusion:

Based upon the comments noted above, and the subject to the endorsement of City Council, planning staff are prepared to attend the Ontario Municipal Board Hearing on September 27, 1999 in support of a modification to the Oakwood Vaughan Secondary Plan to redesignate the site from Low Density Residential to Medium Density Residential and to introduce new policies which will allow the use of the site for only a residential building subject to the following limitations:

1.A maximum height of building of 11 metres.

2.A buildable area that approximates the existing building; with setbacks corresponding to the existing building and garage perimeter adjoining the west side yard and the setback provisions of the Zoning by-law for similar multiple family dwellings, whichever is greater. In all other instances setbacks shall approximate the existing building setbacks extending to the rear most limit of the existing garage wall in keeping with the setbacks provisions of the Zoning By-law for similar multiple unit dwelling house uses.

3.The form of any new or renovated building shall continue as "house form" with a building entrance on Heathdale Road and on Bathurst Street.

4.A maximum gross floor area of 603 m².

5.A maximum of six units.

6.Parking, driveway and access facilities shall be provided in accordance with Zoning By-law standards.

The staff position noted above reflecting the revisions to the proposal is detailed in Schedule 1 as a draft Modification to Official Plan Amendment Number 128. The revised proposal and draft modifications was presented and discussed with the owner's agent. The agent has orally advised that, with Council's approval, the appellant is prepared to support the revisions to his proposal and the corresponding modifications to the Official Plan Amendment as set out in this report and will further address the matter at Community Council July 15, 1999.

Staff therefore recommend that Council endorse the revisions to the proposal and the modifications to Official Plan Amendment Number 128 noted herein, and authorize staff to support this position at the Ontario Municipal Board hearing.

Staff's recommended revisions to the proposal and modifications to the Oakwood Vaughan Secondary Plan would result in a development that would be in character and compatible with the surrounding areas, and that reflects the opportunities and constraints of the site.

Contact Name:

Lou Moretto,

Manager of Community Planning, West District

Tel: (416) 394-2618Fax: (416) 394-2782

Schedule 1:Draft Modifications to Amendment No. 128 to the Official Plan of the former City of York.

That Official Plan Amendment No. 128 of the former City of York be modified as follows:

(i)By amending Schedule 1 to Official Plan Amendment No. 128 so as to change the land use designation of the lands municipally known as 2 Heathdale Road and 1602 Bathurst Street from "Low Density Residential" to "Medium Density Residential" and by amending Schedule 1 accordingly; *

(ii)By amending Schedule 2 to Official Plan Amendment No. 128 so as to outline and identify the lands municipally known as 2 Heathdale Road and 1602 Bathurst Street as Area 8 and by amending Schedule 2 accordingly; *

(iii)By deleting the text within Section 3.1 Description and by inserting the following as the new text for Section 3.1 Description:

"The Medium Density Residential Areas on Schedule 1 are those areas which are presently developed for low rise apartments or multiple family housing. Also designated is an area at the intersection of Vaughan Road and Winona Drive, identified as Area 4 and a site at northwest corner of Heathdale Road and Bathurst Street, identified as Area 8. Policies for these areas are set out in Sub-paragraphs D.4 and D.8, respectively."

(iv)By amending the opening sentence in Section D. Specific Area Policies to delete the word "seven" and to insert the word "eight" in its place.

(v)By further amending Section D Specific Area Policies to insert the following new policy following policy 7.0;

"8.0 Site at northwest corner of Heathdale Road and Bathurst Street.

Area 8 consists of the lands municipally know as 2 Heathdale Road and 1602 Bathurst Street. Notwithstanding, their Medium Density Residential designation and the Medium Density Policies of the Plan, the lands may only be used for a residential building subject to the following provisions:

1.A maximum height of building of 11 metres.

2.A buildable area that approximates the existing building; with setbacks corresponding to the existing building and garage perimeter adjoining the west side yard and the setback provisions of the Zoning by-law for similar multiple family dwellings, whichever is greater. In all other instances setbacks shall approximate the existing building setbacks extending to the rear most limit of the existing garage wall in keeping with the setbacks provisions of the Zoning By-law for similar multiple unit dwelling house uses.

*NOTE:These changes are shown for information purposes only in the Schedule A to Draft Modifications to Schedules 1 and 2 of Official Plan No. 128 attached hereto.

3.The form of any new or renovated building shall continue as "house form" with a building entrance on Heathdale Road and on Bathurst Street.

4.A maximum gross floor area of 603 m².

5.A maximum of six dwelling units.

6.Parking, driveway and access facilities shall be provided in accordance with Zoning By-law standards."