OFFICIAL PLAN AMENDMENT AND REZONING APPLICATION

LANDS AT REAR OF 1945 LAWRENCE AVE WEST

APPLICANT: FOREST GREEN HOMES

OWNER: LEXINGTON GREEN HOMES

Ward 27 - York Humber

Director of Community Planning, West District

(August 25, 1999)

Purpose:

To consider a proposal to amend the Official Plan and Zoning By-Law 1-83 for the former City of York to permit the development of 12 pairs of semi-detached houses and a residence for a religious order (residence for the Sister Disciples of the Divine Master) which includes a workshop and retail area.

Funding Sources, Financial Implications and Impact Statement:

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

Recommendation:

It is recommended that:

(1)The application by Forest Green Homes to amend the Official Plan and Zoning By-law for the former City of York to permit a semi-detached dwellings and a live/work residence for a religious order with accessory uses be approved subject to holding a Public Meeting to obtain the views of interested parties and the conditions to approval outlined in this report;

(2)the Official Plan for the former City of York be amended in accordance with the draft Official Plan Amendment attached as Schedule 1 to this report;

(3)the Zoning By-law 1-83 for the former City of York be amended generally in accordance with the draft Zoning By-law attached as Schedule 2 to this report; and worded to the satisfaction of the City Solicitor; and

(4)In the event of approval, authority be given to appropriate staff to prepare any necessary by-laws and/or enter into any necessary agreements to facilitate the conveyance, construction and dedication of the proposed public lane, including reserves, to applicable City standards.

Background:

Site and Surrounding Area

The 8,043.4 m² (2 acre) site is located between Pine Street and Gibson Avenue, south of Lawrence Avenue West (see Appendix 1 - Location Map) and also has frontage on Wright Avenue to the south. Single detached houses are located to the east of the site and new single and semi-detached houses are being built in a subdivision to the south. A used car dealership abuts on the balance of the block to the north and industrial warehouse uses are located on the west side of Pine Street. Opposite the used car dealership, on the north side of Lawrence Avenue West, also is a residential neighbourhood. The property is separated from adjacent uses on three sides (west, south, and east) by local roads.

The subject site is vacant but was formerly part of the adjacent car dealership landholding and was used for outdoor vehicle storage. On May 5, 1998 the Committee of Adjustment granted consent to sever this site from the car dealership lands. The site was subsequently sold to the current owner who is constructing the residential subdivision development to the south.

Official Plan and Zoning

The site is designated Employment in the Official Plan and is located within the Lawrence Employment Area as identified in the Weston Secondary plan. Special Secondary Plan policies apply to permit a broad range of industrial uses and to guide development within the area. The site is zoned PE-Prestige Employment under Zoning By-law 1-83 which permits a broad range of employment uses. Both the Secondary Plan policies and PE zoning do not permit residential uses or institutional uses and therefore, amendments are required.

The applicant's solicitor, Aird and Berlis has appealed the proposed Official Plan Amendment and Zoning By-law Amendment to the Ontario Municipal Board on the basis that City Council has failed or neglected to make a decision with respect to the applications. To date, a hearing on the appeals has not been scheduled.

Comment:

Proposal

The applicant is proposing four pairs of semi-detached houses fronting onto Gibson Avenue and eight pairs of semi-detached houses fronting onto Wright Avenue and a live/work religious residence fronting onto Pine Street. An inverted "T" shape public lane is proposed at the rear of these uses.

The dwellings on Wright Avenue all have frontages of 5.51 metres (18 feet) and lot depths of approximately 33.50 metres (110 feet) except for the corner lots which have a frontage which is approximately up to 2 metres (6.5 feet) wider. The dwellings on Gibson Avenue, have similar frontages but lot depths are increased to 36 metres (118 feet). The northern lot abutting the car dealership rate has a wider frontage of 7.91 metres (26 feet) to provide for a 3.0 metre (10 feet) wide north side yard.

All of the dwellings would be freehold. Mutual easements totalling 1.2 metres (4 feet) wide are proposed between each pair of semi-detached dwellings for maintenance and access purposes. The applicant has been advised that the easements as well as the rear public lane and associated reserves must be conveyed as part of a part lot control and/or consent process.

Each of the dwelling units would be approximately 166.6 m² (1,793 ft²) in size, two-storeys, plus basement approximately 8 metres (26.6 feet) in height and would contain two levels of living space plus a basement level.

Residential front yards and rear yards (including garage) would be approximately 3.0 metres (10 feet) and 13 metres (42.6 feet) deep on Wright Avenue and 4.5 metres (15 feet) and 14 metres (46 feet) deep on Gibson Avenue, respectively. Landscaping would be provided in the front and rear yards and within the public boulevards along Gibson and Wright Avenues.

Two rear yard parking spaces for each semi-detached dwelling will be provided in a single detached garage and on an abutting surface parking pad, each setback 1.0 metre (3.0 feet) from the proposed public lane.

The Sisters' residence will be oriented to Pine Street and located on a 46 metre (157.3 feet) wide, 0.21 hectare (0.52 acre) lot. The residence will be three-storeys plus basement, a maximum of 15 metres (49.2 feet) in height, and will have a gross floor area of 2 385 m² (25,672 ft²). The residence will contain multiple bedrooms and a common living and dining area, as well as a workshop where religious vestment are manufactured and a retail area where the clothing is displayed for sale together with other religious goods and articles. The workshop and retail area totals 950 m² (10,226 ft²).

Vehicular access to the Sisters' residence and workshop/retail space will be from Pine Street on the north side of the lot. Parking for 13 cars including one handicapped space and one loading space will be provided at the rear of the building in an open lot. Two additional parking spaces will be provided in a detached double car garage. Access to the parking and loading area will only be provided from Pine Street.

The proposed east-west lane between Pine Street and Gibson Avenue initially will be closed at Pine Street to eliminate conflict between any truck traffic generated by the employment uses on the west side of Pine Street and residential traffic that may be entering or exiting the lane. Should the nature of the employment uses change in the future and the truck traffic decrease, the City may consider opening the lane access to Pine Street (see Appendix 2 - Site Plan and Appendix 3 - Elevations). Site statistics are provided below.

Site Statistics Table

A Public Information Meeting was held on February 3, 1999, at C.R. Marchant Public School with approximately 15 residents and local business representatives in attendance. The issues identified at the meeting Community Meeting and Neighbourhood Comments received included: increased traffic on local streets resulting from the development, extending the sidewalks on Gibson Avenue and Pine Street up to Lawrence Avenue West, the effect of existing industrial activity on the proposed residential development and potential complaints, the need to retain industrial and employment uses in the area, and this site and other vacant industrial lots are not producing much tax revenue.

A letter dated February 18, 1999, was received from the Black Creek Business Area Association expressing concerns that the proposed development will further promote the destabilization of adjoining employment properties and add to the deterioration of a long established harmony between industrial and residential use in the area. The Association strongly recommends that the application be deferred pending an external study on the viability of this area, within which this application is located, as an employment area.

Evaluation of the Change from Employment to Residential and Institutional

The site is located within the Lawrence Employment Area designated by the Weston Secondary Plan. The Weston Secondary Official Plan policies contemplate a broad range of employment uses, with the exception of noxious industrial uses and those involving a large number of trucks and semi-trailers that would be incompatible with the area. The development strategy as stated in the policies includes considering feasible development options through discussions with landowners, site users and purchasers, and subdividing larger blocks into smaller parcels.

While residential uses and institutional, live/work uses such as a house for a religious order are not permitted in employment areas, Secondary Plan Policy 6.2 provides for the consideration of applications for residential uses on lots adjacent to existing industrial uses subject to regard for (residential) buildings with adequate separation distances between the uses and appropriate landscaping so as to avoid conflict with any industrial use.

Detailed considerations to assess the introduction of residential uses in areas designated for Employment are contained in Subsection 12.8 of the general Official Plan for the former City of York. The guidelines state that land use change from employment to residential shall be based on the following considerations:

(i)location's potential for employment activities;

(ii)impact of residential, live-work development on existing employment and residential activities in the surrounding area;

(iii)environmental suitability for residential development; and,

(iv)availability of social and community services and residential amenities;

(i & ii) Assessment of the Lawrence Avenue West Employment Lands.

To evaluate the location's potential for employment activities and the impact of the proposal on existing employment in the area and in response to concerns expressed by the City's Economic Development Division and the Black Creek Business Area Association, staff requested the applicant to provide an assessment of the proposal to address these concerns. In June 1999, the applicant submitted a planning assessment prepared by The Planning Partnership. A subsequent letter was also submitted by the Planning Partnership to clarify the information and conclusions conveyed in the study.

The conclusions arrived at in the study and subsequent letter are as follows:

(i)The Lawrence Employment Area functions as a fragmented pocket of Industrial land with no identity as an employment area and with no physical or operational connection to the Black Creek Employment Area. It is not a comprehensive employment area. Moreover, the Lawrence Area Employment Area does not play a critical role in the City's future employment land use base.

(ii)The proposed residential and live/work development would not provoke changes in the existing operations or future plans for the balance of the employment uses in the area. With the exception of the application site, the properties in the area are viable for future employment uses. The proposal will not act to destabilize these remaining employment uses.

(iii)The absence of a building on the land reduces its potential to attract employment users and the lands would likely remain vacant, if the industrial designation and zoning remained in place.

(iv)The use mixture (live/work and semi-detached) and the design features of the proposed development will provide a better interface between the residential and industrial uses than the vacant parcel that exists today.

(v)The site should be converted to enable to proposed development.

The study and conclusions have been reviewed by the Urban Planning and Development Services Department, Policy and Research Section which is undertaking background work for the development of employment policies for the new City of Toronto Official Plan and by Community Planning staff. Policy and Community Planning staff agree with the study's conclusions.

(iii)Environmental Matters

The site was formerly used for a car-dealership use and soil contamination may be an issue. A Geo Environmental Investigation report prepared by Candec Consultants Limited on November 11, 1997 and submitted in support of the application concludes that the soil at the site does not contain levels of chemical contamination that are considered detrimental to its continued utilization as a residential property.

The applicant has been advised that a Record of Site Condition, which includes an affidavit from the qualified consultant and Ministry of Environment and Energy acknowledgement of receipt of the record, must be received by the City, prior to a building permit(s) being used for the residential use of the site. The Record of Site Condition as it pertains to the public lane portion of the site to be conveyed to the City, shall be subject to a peer review to confirm that the public lane lands meet the current Ministry of Environment and Energy's "Guidelines for Use at Contaminated Sites in Ontario". This process is in accordance with the Interim Policy and Regulation Approach for Development Applications on Contaminated Sites, which was adopted by the former City of York Council on December 11, 1996.

As a condition of Site Plan Control approval and prior to the issuance of a Building Permit for the proposed development, a Record of Site Condition (which has passed an Ministry of Environment audit, if applicable) shall be submitted to the City indicating that the condition of the land, as set out in the Record, is consistent with, and suitable for, the use for which the building permit has been requested.

An Environmental Noise Analysis was prepared by Valcoustics Canada Limited on September 29, 1998, in response to CN Rail's concern, Noise sources were identified as road traffic from Lawrence Avenue West, CN Rail, the service bays at Dean Myers, Motors, and idling trucks at the warehouse facilities to the west.

The traffic noise can be mitigated by ventilation such as central air conditioning. This is only required for the live/work residential use. The CN Rail noise will be mitigated by the berm being built by the development to the south and intervening buildings on properties to the west. The consultant recommends a warning clause, as per the railway's requirement, as the site is within 300 metres of the rail right-of-way.

The stationary sources were measured to determine impact on the outdoor and indoor sound exposure for the residential uses. As a result of the noise from Dean Myers Auto Shop, the applicant has increased the side yard separation to the dwelling on the northerly most lot on Gibson Avenue, Lot 12, eliminated windows on the north façade of this dwelling, and will provide a 1.8 high noise attenuation fence on the north lot line in the rear yard to mitigate noise to Ministry of Environment standards.

The adjacent industry was also concerned about the new residents complaining about their truck traffic and noise from loading and unloading materials. To alleviate this concern, planning staff is recommending that a Warning Clause be inserted in all agreements of Purchase and Sale to advise prospective occupants of the presence of industry in the vicinity and that industrial operations will include truck traffic and loading and unloading of goods. Provision of these clauses and warning clauses as recommended in the noise study along with the acoustical fence and side wall treatment shall be secured through the Site Plan Approval process.

(iv)Availability of Social and Community Services and Residential Amenities.

The site is located with walking distance of the commercial strip along Jane Street north and south of Lawrence Avenue West, where a variety of retail facilities are available. Public transit is available on both Jane Street and Lawrence Avenue West.

The site is located in proximity to Trimbee Park which is located a few blocks to the south on Plainfield Road and which is being expanded as part of the residential infill subdivision under constructed to the south of the application site.

Public and Catholic schools are located in proximity to the site. While concerns have been expressed with school capacities as noted below, students can be accommodated.

Site Design

The site is adjacent to residential uses on its east and south perimeters. The addition of residential uses to the block will complement these existing uses as the vacant site currently creates does not provide a clearly defined interface and separation of differing land uses.

The institutional live/work Sisters' residence is situated to provide an interface and buffer for the semi-detached development from employment uses and related activity which are most prevalent on the west side of Pine Street. In addition, although one dwelling lot also is located abutting the south end of Pine Street, the dwelling is oriented south to Wright Avenue with its side wall addressing Pine Street. It is further protected by a 1.8 metre high acoustical fence extending along Pine Street to mitigate noise impact (6 feet) and screen the rear yard amenity area.

The possibility of conflict between the truck traffic and residential traffic was considered. To minimize the conflict, a barrier is proposed across the public lane at the Pine Street access. This will eliminate residential traffic exiting from the lane onto Pine Street. The latter street will still be used by some residential traffic as it connects to Lawrence Avenue West at a signaled intersection. If the ownership of the industry on the west side of Pine Street changes, and the truck traffic is reduced, the laneway can be opened for residential traffic to gain access to Pine Street.

At the request of Planning staff, to improve visibility and safety in the rear lane, the applicant has revised the proposal to replace the two car garages abutting the public lane on each lot to provide on garage and a surface parking space. In addition, the applicant has increased the side yard setback of the northern most dwelling from 1.2 metres (4 feet) to 3 metres (10 feet). The increase improves the separation from the car dealership to provide an added opportunity to further buffer the abutting use with landscaping. Details will be finalized at the Site Plan Approval stage.

A sidewalk is proposed adjacent to the site, along Wright Avenue, and the owner has agreed to have a sidewalk extend along Gibson Avenue adjacent to this site to Lawrence Avenue West. This will provide for safe pedestrian access public to transit and sidewalks on Lawrence Avenue West from the proposed development and the new subdivision on the south side of Wright Avenue. Works and Emergency Services has also requested a sidewalk along Pine Street which the applicant views as not necessary. The location and provision of sidewalks will be secured at the Site Plan Approval stage.

Agency Comments:

Fire Prevention Services and By-law Enforcement have no comment.

Works and Emergency Services require sidewalks on Gibson and Wright Avenues and Pine Street, a storm management report and a 9.15 metre right-of-way for the public lane. The additional 24 semi-detached dwellings units and the Sisters' residence/workplace will not generate enough traffic to require a traffic study. The department has not expressed concerns regarding the capacity of the existing roads to handle the traffic generated by the proposal.

Although, the Economic Development Division of the Economic Development, Culture and Tourism Department originally commented that it had no objection, they have subsequently revised their comments to indicate concern that the proposal will destabilize an existing industrial block.

The Economic Development Division has also received and reviewed a copy of the applicant's study. The Division's comments in a memorandum dated August 10, 1999 indicates that they continue not to support the application in that they feel approval of this application will result in further rezoning and destabilization of the area. They maintain that existing industrial and commercial lands should be protected and preserved for employment uses until such time as a formal industrial/commercial policy is adopted for the City.

The Toronto District Public School Board has verbally advised that C.R. Marchant Public School and Weston Collegiate are in proximity to the proposed development.

The Toronto District Catholic School Board has advised that although the Board does not object to the above-noted application, it wishes to express concern regarding the overcrowding and lack of permanent facilities at St. Bernard Catholic School (JK-8), Chaminade, Don Bosco and Madonna Catholic Secondary Schools. Notwithstanding these concerns, Planning staff were verbally advised that students from the development will not be precluded from being accommodated within the school system.

Further Planning Approvals and Agreements

As the lands are subject to Site Plan Control, the applicant would also be required to submit detailed site plans for review and approval and enter into an agreement.

The applicant is requesting freehold tenure with the sale of individual lots to be facilitated through the consent process and/or the lifting of part-lot control. No application to either the Committee of Adjustment or the lifting of part-lot control has yet been received. Either process can be utilized to secure the public lane that would be dedicated, following conveyance to the City. In order to allow for the dedication, staff should be authorized to bring forward the necessary lane dedication by-law, at the appropriate time. The construction of the public lane including approved works and services, could be secured through an agreement as part of the Site Plan Approval of Consent processes, and authorization should be given to staff to enter into any necessary consent agreement(s).

Conclusion:

The redevelopment of the site for 12 pairs of semi-detached and a live/work Sisters' residence constitutes good planning and the appropriate development of the lands. The proposal is a logical extension and compatible with the surrounding residential uses, as it eliminates a vacant site that is not economically viable for an employment use development. Mitigation measures and design features have been incorporated in the proposal to minimize the impact of adjoining non-residential uses. The live/work Sisters' residence provides an acceptable buffer and transition between the residential uses and the existing employment uses.

Staff recommend that Council approve the application and adopt the Official Plan Amendment and Zoning By-law to permit the development, subject to a Public Meeting to obtain the views of interested parties and the following conditions to approval.

Conditions to Approval

(1)The adoption of an Official Plan Amend to redesignate the site from Employment to Low Density Residential and Institutional in the Weston Secondary Plan in accordance with draft Official Plan Amendment No. 156 attached as Schedule 1.

(2)The enactment of an Zoning By-Law satisfactory to the City Solicitor and generally in accordance with the draft Zoning By-Law attached as Schedule 2. The draft Zoning By-Law provides for the rezoning of the site from PE-Prestige Employment to R2-Residential Zone and R3 - Residential Zone and on a site specific basis to permit the semi-detached dwelling and the religious order dwelling house with an accessory commercial use together with provisions for lot frontage, unit width, lot area, floor space index, building height, setbacks, parking, and maximum number of units.

(3)Further detailed consideration of the proposal in conjunction with Site Plan Control applications to include, among other matters:

(i)Signing of a Site Control Agreement, which shall include the provision of warning clauses in all Purchase and Sale and/or Lease Agreements, advising of industrial land and railway uses in the area, and payment of necessary fees associated with the preparation, execution and registration of same, to the satisfaction of City staff and City Solicitor.

(ii)Submission of a landscaping plan detailing fencing, curbing, grading, retaining walls, street trees, planting, noise attenuation features, to the satisfaction of City staff, and posting of an appropriate financial guarantee to ensure compliance with the approved plans.

(iii)Provision of on-site services including a storm-water management facility and the submission of a grading plan: public sidewalks; the signing of agreements; and, the posting of financial guarantees, if required by the Works Department.

(iv)The conveyance and/or provision for the conveyance of the public lane and any necessary reserves to the satisfaction of City staff and the City Solicitor.

(v)The developer to pay the prevailing development charges in effect at the time of issuance of building permits and five percent cash in lieu of parkland dedication.

(vi)Submission of a Record of Site Condition prior to the issuance of a building permit.

Contact Name:

Wendy Johncox, MCIP, RPP, Senior Planner

Community Planning, West District

Tel: (416) 394-2868Fax: (416) 394-2782

Schedule 1-Draft Official Plan Amendment No.156

PART TWO - THE AMENDMENT

2.1INTRODUCTION

All of this part of the Amendment, consisting of the following map and text constitutes Amendment Number 156 of the Official Plan for the former City of York Planning Area. The Plan is hereby amended as follows:

2.2MAP CHANGES

Schedule D-3 (District Plan 3) is amended by changing the designation of the lands known as the rear of 1945 Lawrence Avenue West shown on Schedule A to this amendment from Employment to Low Density Residential and Institutional in accordance with Schedule "A" attached to this Amendment.

2.3TEXT CHANGES

The following Site Specific Policy is hereby added as Section 21.3(n):

21.3(n)Notwithstanding Section 21.10. C. 6.3, the lands known as the rear of 1945 Lawrence Avenue West may be used for Low Density Residential uses abutting on Gibson Avenue and Wright Avenue and for an Institutional use with ancillary commercial uses abutting on Pine Street.

2.4IMPLEMENTATION

The policy established by this Amendment will be implemented through an amendment to Zoning By-law 1-83.

Schedule 2: Draft Zoning By-law

Authority:York Community Council Report No.______, Clause No.______

As adopted by Council on _____________________

Enacted by Council:

CITY OF TORONTO

Bill No.

BY-LAW NO.

TO AMEND former City of York

(Re: 1945 Lawrence Avenue West)

WHEREAS authority is given to Council by Section 34 of the Planning Act, R.S.O. 1990 c.P.13, as amended, to pass this By-law; and whereas Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act;

The Council of the City of Toronto HEREBY ENACTS as follows:

SECTION 6 - AMENDED

1.That Section 6 of Zoning By-law Number 1-83, as amended, of the former City of York, be and the same is hereby further amended by adding the following Subsection (63):

"(63)MAP 1

By changing the area shown on District Map 1, municipally known as the lands at the rear of 1945 Lawrence Avenue West which lands are more particularly described in Schedule "A" hereto from a PE District to an R2 District and from a PE District to an R3 District as shown on Schedule "B" hereto and by amending District Map 1 accordingly."

SECTION 16 - AMENDED

2.That Section 16 of Zoning By-law Number 1-83, as amended, of the former City of York, be and the same is hereby further amended by adding a new Subsection (393) as follows:

"(393) LANDS - REAR OF 1945 LAWRENCE AVENUE WEST

Notwithstanding the provisions of Subsection 8.3(a) and Subsections 9.2 and 9.3(a) of this By-law, the lands described in Schedule "A" may be used for the purpose of semi-detached houses and one house of a religious order and accessory uses thereto, subject to the following provisions:

a)for the semi-detached houses:

i)a maximum floor space index of 0.94;

ii)a minimum side yard width of 0.6 metres save and except for the northerly most semi-detached lot which shall have a minimum north side yard width of 3.0 metres;

iii)a minimum rear yard depth of 6.0 metres;

iv)a minimum lot frontage of 5.5 metres;

v)a maximum height of building of 11.0 metres with not more than 3 storeys;

vi)a minimum front yard setback of 3 metres

vii)semi-detached houses shall be located on lots which front onto Wright Avenue and Gibson Avenue;

viii)vehicular access to the parking facilities shall be from the public lane at the rear of the lots;

b)for the house of a religious order:

i)a maximum floor space index of 1.15;

ii)notwithstanding the provisions of Subsection 3.2.1 C.1 and Subsection 3.2.1 D.1 a minimum of 12 parking spaces, including 1 handicapped parking space;

iii)a maximum height of building of 15 metres with not more than 3 storeys;

iv)a minimum side yard width of 6 metres;

v)a minimum rear yard depth of 20 metres

vi)a minimum front yard setback of 4 metres

vii)the use hall be located on a lot which fronts onto Pine Street and which has a minimum lot frontage of 45 metres;

viii)vehicular access shall be limited to one access point on Pine Street;

ix)a maximum ancillary commercial and workshop gross floor area of 950 m²;

c)a portion of the lands at the rear of the semi-detached lots and the house of the religious order shall be conveyed to the City and dedicated by City By-law for a minimum 9.15 metre wide public lane. A 0.3 metre wide portion of land across the terminus of the public lane at Pine Street and the north limit of the lands shall be conveyed to the City for reserve purposes.

d)All other provisions of this By-law shall continue to apply except in the case where those provisions conflict with the provisions of this subsection, in which case the provisions of this Subsection shall prevail."

3.Subject to the provisions of Section 34 of the Planning Act, R.S.O. 1990 c.P13 this By-law shall come into force and effect on the date of its passing.

ENACTED and PASSED this day of , 1999.

______________________________________________

MAYORCITY CLERK

Schedule "A" to By-law and to Subsection (63) of Section 6 and Subsection (393) of Section 16 of Zoning By-law 1-83

Part of Block A, Registered Plan M-304, City of Toronto (formerly City of York in the Municipality of Metropolitan Toronto) being composed of Part 2 on Reference Plan of Survey No. 66R-17985 deposited in the Land Titles Division of Toronto (No. 66).