Zoning Amendment Application UDZ-98-20 -

1261075 Ontario Inc. (Tor-bel Group) - 906 Sheppard Avenue West -

North York Spadina

The North York Community Council, after considering the deputations and based on the findings of fact, conclusions and recommendations contained in the following report (May6,1999) from the Acting Director, Community Planning, North District, and for the reasons that the proposal is an appropriate use of lands, recommends that the application submitted by 1261075 Ontario Inc. (Tor-bel Group) regarding Zoning Amendment Application for 906 Sheppard Avenue West, be approved, subject to the conditions outlined in the referenced report and subject to the following additional recommendations:

(1)the building at the south elevation be reduced to six storeys to bring it in conformity with the density established by the Sheppard West/Dublin Secondary Plan, so that the building will be five storeys to the north and six storeys to the south;

(2)the other recommendations in the report be amended to reflect the change brought into effect by Recommendation (1) and the Commissioner of Urban Planning and Development Services be requested to provide a supplementary report outlining the amendments that will be required to bring the application into conformity with Recommendation (1); and

(3)the Commissioner of Urban Planning and Development Services submit the Supplementary Report directly to City Council for consideration at its meeting scheduled for June 9, 1999.

The North York Community Council reports having held a statutory public meeting on May26,1999, with appropriate notice of this meeting, in accordance with the Planning Act.

The North York Community Council submits the following report (May 6, 1999) from the Acting Director, Community Planning, North District:

Purpose:

This is the final report on an application to amend the Sheppard West/Dublin Secondary Plan and the zoning by-law to permit the construction of a 5 and 7 storey condominium apartment building with grade related commercial on the southern portion of the site and 4 single family dwellings on the northern portion of the site, fronting onto Cocksfield Avenue.

Recommendations:

It is recommended that:

(1)for the purpose of clarity, the Sheppard West/Dublin Secondary plan be amended so as to allow a site specific policy for the property at 906 Sheppard Avenue West, to permit the stacking of density on the southern portion of the site, as long as the total density of the site does not exceed a FSI of 2;

(2)the C1 zoning on the northern 29.3 metres of the site be amended to a R6 exception zone as shown on Schedule "E" with the following exceptions:

(a)the minimum lot area of 350 square metres;

(b)the minimum front lot yard setbacks shall be 7.5 metres;

(c)the minimum rear lot yard setbacks shall be 7.5 metres; and

(d)for the corner lot, the side yard setbacks facing the street shall be 2 metres;

(3)the C1 zoning on the southern portion of the site be amended to a C4 exception zone as shown on Schedule "E" with the following exceptions:

(a)all of the uses in a C4 zone are permitted with the exception of a medical office and restaurant and take-out restaurant;

(b)the maximum gross floor area of 7445 square metres shall be permitted of which a maximum of 588 square metres may be used for non-residential purposes at grade;

(c)at least 25 percent of the total units will have a maximum net gross floor areas as indicated below:

3 bedroom units: 98 square metres

2 bedroom units: 82 square metres

1-bedroom units: 62 square metres

(d)the yard setback requirement shall be as set out on Schedule "F";

(e)the maximum height of the building shall be as shown on Schedule "F"; and

(f)a 1.5 metre wide landscape strip shall be provided the length of the side lot line that abuts 247 Cocksfield Avenue;

(4)the conditions of the Works and Emergency Services, Transportation Services as set out in Schedule "I" hereto;

(5)the conditions of the Works and Emergency Services, Development Services as set out in Schedule "J" hereto;

(6)the conditions of the Economic Development, Culture and Tourism, Policy and Planning Section, as set out in Schedule "K" hereto;

(7)the conditions of the Medical Officer of Health, Environmental Health, as set out in Schedule "L" hereto;

(8)prior to the enactment of a zoning by-law, the applicant shall receive site plan approval for the mixed use building;

(9)prior to the enactment of a zoning by-law, a road closing by-law must be approved by City Council for the lands at the north-east corner of Shepard Avenue West and Wilson Heights Boulevard and the applicant shall have purchased the surplus lands from the City; and

(10)prior to the enactment of a zoning by-law the applicant shall apply for and receive severance of the site into 1 block and 4 lots.

Background:

1.0 Proposal

In July 1998, the applicant submitted an rezoning application for permission to construct a five storey mixed use building containing 80 units and at a density of 2.03 FSI on lands located at the north east corner of Sheppard Avenue West and Wilson Heights Boulevard.

The proposal was presented to the community at a meeting held on November 3, 1998 at William Lyon MacKenzie Secondary School.

On March 10, 1999 the applicant submitted revised plans for a five and seven storey, 72 unit condominium apartment building with ground floor commercial and 6 single family dwellings fronting onto Cocksfield. The site can be enlarged by 426.48 square metres by including an unused portion of road allowance, which requires a road closing by-law, which will be reported on separately. The applicant has initiated the process to close the road and is negotiating with Corporate Services respecting the purchasing of the lands.

The pertinent statistics are as follows:

2.0Location and Site:

This 0.43 ha. (1.06 ac.) site is located on the north-east corner of Sheppard Avenue West and Wilson Heights Boulevard. It is occupied by a former Esso Station, now used as an auto repair shop, on the south half of the site while the north half of the site is vacant.

3.0Planning Controls:

3.1Official Plan:

The site is within the Sheppard Dublin Secondary Plan and is designated Sheppard West Commercial (SW-COM). This designation provides for a wide mix of uses, including multiple-family residential, retail and service commercial, office and institutional. (Schedule A).

The Sheppard West Commercial designation permits a maximum density of 2 FSI, provided commercial uses does not exceed FSI 1.0.

In order to ensure compatibility with adjacent residential lands, the Secondary Plan limits buildings on lands designated SW-COM to a maximum height of the horizontal distance separating the building from the nearest residential property line that coincides with the Secondary Plan boundaries (i.e. 45 percent angular plane), provided the minimum separation distance is 9.5 metres.

Section 3.0 of the Secondary Plan also sets out various development criteria and urban design principles for new developments in the Sheppard West\Dublin area, which relate to matters such as creation of pedestrian-oriented streetscapes, location of buildings in relation to the street, boulevard treatment, buffering, signage, and promotion of underground parking.

The applicant's property represents all of the lands at the north-east corner that are designated SW-COM.

3.2Zoning:

The site is zoned General Commercial (C1). This designation permits a range of residential and commercial uses with a FSI of 1.0. (Schedule B).

Discussion:

4.0Other Department's Comments:

Works and Emergency Services, Development Services advises that the applicant is required to convey to the City a road widening at Wilson Heights Boulevard and Cocksfield Avenue, noted conditions with respect to storm water management, sanitary sewers, service connections and garbage collection. Additional comments are attached as Schedule "J"

Works and Emergency Services, Transportation Services advises the parking should comply with the zoning by-law standard, that the mixed use building requires one loading space and noted site plan issues. Additional comments are attached as Schedule "I"

Economic Development Culture and Tourism, Policy and Development advises that the applicant is required to provide a 2 percent and a 5 percent cash-in-lieu of parkland dedication for the commercial and the residential components, respectively. Furthermore, if there are any City boulevard trees existing, a boulevard tree survey will be required at the site plan stage to the satisfaction of the Commissioner of Economic Development Culture and Tourism. Additional comments are attached as Schedule "K".

Medical Officer of Health advises that there are no objections to this proposed application, provided that the conditions set out in the recommendation are met. Comments of the Medical Officer of Health are attached as Schedules "L" and "M".

5.0Community Consultation:

The original proposal was presented to the community at a meeting held on November 3, 1998 at William Lyon MacKenzie Secondary School. The community's issues related to the location of the building in relation to Cocksfield Avenue, the proposed access onto Cocksfield Avenue from the site, design of the building, height and massing of the building and loss of privacy to the adjacent property owners along Cocksfield Avenue. At this community consultation meeting the community expressed its opposition to the proposed development. (Refer to Schedule "H").

Prior to holding community consultation meeting, a working group was set up which consisted of local councillors, residents living on Cocksfield Avenue and Sandale Gardens, and Planning staff. The working group identified issues relating to height, massing, number of units, overview, type of uses and buffering and provided options to resolve them. The working group and the applicant came very close to obtaining a proposed development that is acceptable to both parties. In the end the residents group supported a building 5 and 6 storeys in height with 4 single family dwellings fronting on to Cocksfield Avenue. The applicant submitted its application to the Ontario Municipal Board.

6.0 Planning Issues:

6.1 Mixed Use Building

6.1.1 Uses

The proposed residential and commercial uses are consistent with the intent of the planning policies for this site, which encourage a wide range of retail and service commercial, office, institutional and residential uses for sites located at major intersections.

The ground floor of the building is proposed for commercial use. Residents in the area raised concerns with the some of the permitted commercial uses such as restaurants, take-out restaurant and medical offices, therefore, as these uses may create adverse parking and traffic issues. The commercial parking provided is based upon the conventional parking demand of 1 spaces for 28 square metres of gross floor area, and has not anticipated commercial uses such as restaurants and medical offices which generate a higher rate. This report recommends that these uses not be permitted.

The applicant has agreed to provided 25 percent of the units with maximum net floor area in accordance with the provision of the Secondary Plan in order to provide affordable housing units. Affordable unit sizes are defined by size in the Secondary Plan.

6.1.2. Height and Massing

The height of the building is seven storeys along the Sheppard Avenue West frontage stepping down to five storeys toward the neighbourhood to the north. Shadows from the seven storey portion of the building will not impact the residential uses on Cocksfield Avenue. Compatibility criteria in the Plan requires that dwellings within the residential area should not experience significant reductions of sunlight resulting from the proposed development. As stated above, the height limit for SW-COM designation is determined by a 45 degree angular plan and a 9.5 metre setback measured from the adjacent residential property. Unlike a property designated MCR, which has an additional height limit of 5 storeys, in SW-COM this allows for the opportunity to mass more height at the intersection. The proposal conforms with the height limits outlined in the Secondary Plan. With the acquisition of the unused portion of road allowance, the building has been shifted further towards Sheppard Avenue. This further reduces the impact of the building's mass on the single family houses to the north-east on Cocksfield Avenue.

The building is also located to the street line along Wilson Heights Boulevard to encourage pedestrian activities along the street and at the corner of Sheppard Avenue. In order to provide for a continuous built form along Sheppard Avenue West, the recommended building envelope allows for the retail and service commercial component to extend along Sheppard Avenue West to the east side of the site. If the applicant wishes to take advantage of this recommended change, it can be dealt with through the site plan process.

The Secondary Plan limits the density of buildings to a FSI of 2. The total proposed density for the site is FSI 1.95. Once the lot is severed to create the mixed use lot and the residential lots, the net density on the mixed use lot will be will be marginally above the Secondary Plan level. This report recommends an amendment to the Secondary Plan to recognize the stacking of the density, since the development was redesigned to create single family dwellings to the north, to act as a buffer to the existing residential uses. The density for the entire site is still less than the FSI of 2 that is permitted in the Plan.

6.1.3 Parking and Access

The applicant proposes 128 parking spaces (86 in an underground garage and 42 surface spaces at the rear of the building). 108 of the spaces will be for the exclusive use of the residents and their visitors and 20 spaces will be for the commercial uses. This complies with the number of spaces required by the Zoning By-law and the location of the spaces complies with the Secondary Plan, Section 3.2.2 which states that new parking facilities shall generally be located either in underground garages or in parking lots at the rear of the building.

The Secondary Plan also encourages the consolidation of vehicular access points to maximize the efficiency of traffic movement and to promote a safer pedestrian environment. The applicant is proposing one access point to the parking and loading facilities from Wilson Heights Boulevard. This revision to the original plan, with the access from Wilson Heights Boulevard, reduces traffic on Cocksfield Avenue, one of the concerns raised by the residents in the area.

6.2 Single Family Dwellings

The applicant has proposed 6 single family houses along Cocksfield Avenue, as a continuation of the street's existing built form and to provide a buffer for the existing residents from the proposed mixed use building. To maintain a similar built form that exists in the area, this report recommends that the number of single family houses should be reduced from 6 to 4 in order to make the lot frontages more in keeping with existing lot frontages in the area. The lot frontage on the south side of Cocksfield Avenue, east of the site range from 16.15 to 16 .23 metres. On the north side the range is 11.72 to 20.73 metres. The applicant will be required to apply for a land severance through the Committee of Adjustment in order to create the new single family dwelling lots.

This report recommends that the northern 29.3 metres of the lot be zoned R6. It also recommends amendments to the R6 zone provisions relating to lot area and front and rear yard setbacks to permit the proposed houses. The normal front yard setback in a R6 zone is 6.0 metres, but to maintain the similar setback as already exists along Cocksfield Avenue, this report recommends a 7.5 metre front yard setback.

6.4 Site Plan:

This mixed use proposal is also subject to Site Plan Control under Section 41 of the Planning Act. The applicant has submitted an application and the application is currently in circulation. Detailed issues relating to streetscape improvements, appropriate buffering measures, such as fencing and extensive landscaping and parking layout will be addressed through the Site Plan process. The Secondary Plan contains Urban Design Guidelines as set out in Schedule "O", that outlines criteria to be used while reviewing new developments.

6.5Site Conditions:

The Secondary Plan contains policies with respect to sites that may have been contaminated by previous uses, and this site has been identified as a potential soil contaminated property because of its prior use as a gas station. The applicant has submitted the necessary studies required under the Ministry of the Environment Guidelines for contaminated sites. A peer review has been conducted on the applicant's environmental studies. Any approval of residential use on this property will be conditional on a Record of Site Condition acknowledged by Ministry of the Environment and secured on title through the site plan process.

Conclusions:

The proposal for a 5 and 7 storey building with ground floor retail and single family dwellings along Cocksfield Avenue is in conformity with the Official Plan's Sheppard West/Dublin Secondary Plan with respect to land use and built form. However, this report recommends that the number of single family dwellings along Cocksfield Avenue be reduced from 6 to 4 in order to create larger lots that are more in keeping with the single family dwellings along Cocksfield Avenue.

Issues relating to the landscaping of the site, buffering and parking layout will be addressed at the site plan approval stage. The applicant will be required to purchase the surplus lands from the City prior to the enactment of the zoning by-law by Council.

Contact Name:

Paul Byrne

North York Civic Centre

Telephone: (416) 395-7105

Fax: (416) 395-7155

E-mail: pbyrne@toronto.ca

Schedules

AOfficial Plan Map

BZoning Map

CSite Plan

C1Planning's Recommended Site Plan

DElevations

EDraft Zone Districts

FMaximum Height Restrictions

GAngular Plan and Setback

HPublic Consultation Minutes

IWorks and Emergency Services, Transportation Services

JWorks and Emergency Services, Development Services

KEconomic Development, Culture an Tourism, Policy and Planning Section

LMedical Officer of Health, Public Health (December 7, 1998)

MMedical Officer of Health, Public Health (March 19, 1999)

NToronto Catholic District School Board

O Design Guidelines (Sheppard West Secondary Plan)

(A copy of Schedules H to O referred to in the foregoing report is on file in the office of the City Clerk, North York Civic Centre.)

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The North York Community Council also reports having had before it the following communications:

(i)(May 25, 1999) from Mr. Joe Regilio, advising of his support for the application;

(ii)(May 25, 1999) from Mr. Jerry Piccirilli, in support of a seven-storey condominium and requesting an opportunity to address the North York Community Council;

(iii)(May 25, 1999) from Ms. Carmela Zentena, in support of the application;

(iv)(undated) from Ms. Margaret Scilopotti, in support of a 7 storey condominium building and requesting an opportunity to address the North York Community Council;

(v)(undated) from Ms. Lucy Sartori, in support of the application and requesting an opportunity to address the North York Community Council;

(vi)(undated) from Ms. Cindy Sanelli, advising of her support for a seven storey building;

(vii)(May 24, 1999 and May 11, 1999) from Frank and Maria Cifelli, outlining their concerns and objections with the proposed development;

(viii)(May 10, 1999) from Mr. Frank Loconte, advising of his opposition to the application; and

(iv)(May 7, 1999) from Mr. George Iadipaolo and Mr. John Giangrande, on behalf of the working group of the adjacent Cocksfield Avenue residents, advising of their objection to the proposed development and forwarding a list of issues that should be addressed prior to the application being approved.

A staff presentation was made by Mr. Paul Byrne, Planner, Community Planning, North District.

The following person appeared before the North York Community Council in connection with the foregoing matter:

-Ms. Margaret Scilopotti, who spoke in support of the proposed development;

-Mr. Joe Regilio, who spoke in support of the application. In his opinion the proposed development would enhance the area;

-Mr. Jerry Piccirilli, who expressed his support for the proposed development because it would improve the appearance of the subject property;

-Ms. Lucy Sartori, who spoke in support of the application and who indicated that the development proposed would significantly improve the appearance of the subject site;

-Mr. George Iadipalo, who spoke in opposition to the proposed development. His primary objections were with respect to the density and height of the proposed development and overview due to the proximity of his property to the subject site;

-Mr. John Giangrande, who spoke in opposition to the application. His primary objections were with respect to loss of privacy, density and height of the proposed building. He was also concerned about the proposed 1.5 buffer strip between the subject site and adjoining properties and requested that this buffer strip be increased to 2.5 metres in order to ameliorate the negative impact of this development.

-Ms. Helen Giangrande, who expressed her opposition to the proposed development. She also indicated that she agreed with the concerns expressed by John Giangrande.

-Mr. Valentino Iadipaolo, who expressed his concerns with the proposed development. During his submission, he indicated that in his opinion, the proposed development, given its mass and bulk is an intrusion into the residential neighbourhood. Also, the proposed dwellings are not in conformity with the pattern of development in the area and the applicant should consider revising his plans in order to reflect dwellings that would be more compatible. Insofar as the building was concerned, he was of the opinion that it should also be redesigned so that it is more compatible with other buildings along Sheppard Avenue which are predominantly five storeys in height.

-Mr. Gondor, who indicated that his primary concerns were with respect to height of the proposed building, children's safety as a result of increased traffic on Cocksfield Avenue; soil contamination; insufficient parking and the lack of property amenities for the elderly and children that would be residing in the proposed development. He concluded by stating that the proposed building should not be any greater than five storeys in height.

-Mr. Nick Sampogna, on behalf of the applicant, who commented on the merits of the application. In his opinion, the proposal is in conformity with the setbacks, density and height restrictions of the Sheppard West/Dublin Secondary Plan. He also indicated that the applicant has worked closely with the planning staff and the residents to arrive at a proposal that would be acceptable to all parties. While the applicant concurred with the staff recommendations, if the matter proceeds to a hearing at the Ontario Municipal Board, the applicant would reserve his right for a six-storey building rather than reducing the number of single family dwellings from six to four.

A recorded vote on the recommendations moved by Councillor Moscoe, North York Spadina, was as follows:

FOR:Councillors Mammoliti, Sgro, Li Preti, Moscoe, Augimeri, Flint, Filion, Minnan-Wong, King

AGAINST:Councillors Feldman, Berger, Gardner, Chong

ABSENT:Councillor Shiner

Carried