Application for Official Plan and Zoning By-law

Amendments Regarding 41 - 63 Halsey Avenue

The East York Community Council, based on the findings of fact and conclusions, recommends the adoption of the report (August 9, 1999) from the Director of Community Planning, East District.

The East York Community Council reports having held a statutory public meeting on September 14, 1999, in accordance with Section 34 of the Planning Act, and appropriate notice of this meeting was given in accordance with the Planning Act, and the regulations thereunder.

The East York Community Council submits the following report (August 9, 1999) from the Director of Community Planning, East District:

Purpose:

To review an application for Official

Plan and Zoning By-law amendments

to permit the development of 41-63Halsey Avenue for seven pairs of semi-detached houses.

Financial Implications:

Costs associated with this development

will be assumed by the developer.

Recommendations:

It is recommended that City Council approve the application by 655924 Ontario Limited, to amend East York's Official Plan and Zoning By-law No. 6752 for 41-63 Halsey Avenue by:

(a)adopting the attached Official Plan amendment which redesignates the above lands "Low Density Residential";

(b)enacting the attached Zoning By-law amendment, which rezones these lands from Residential Site Specific R3A.1 to Residential Site Specific R2A.38 zoning and which sets out specific development standards intended to facilitate the development of 7 pairs of semi-detached dwellings, substantially in the form attached; and

(c)authorizing the City Solicitor to make such minor changes to the Official Plan and Zoning By-law amendments as may be required to implement Council's direction.

Background:

Proposal:

The application was submitted by Rasch Architects Limited on behalf of 655924 Ontario Limited. The client currently owns two apartment buildings at the south-west corner of Halsey Avenue and Dawes Road and wishes to sever the westerly portion of the lands comprised of a vacant and grassed 3,436.3 square metre property for the purpose of creating 14 building lots to be occupied by 7 pairs of 2 storey semi-detached houses (see attached Figures 1 and 2).

Surrounding uses include one a and half storey and two storey semi-detached houses immediately west of the site on the south side of Halsey Avenue and across the street on the north side of Halsey Avenue. The Park Vista apartment complex is located at a much lower elevation immediately south of the site.

Official Plan and Zoning:

The current site is designated High Density Residential in the East York Official Plan. This designation specifies that the use of the lands shall be for multiple unit housing in the form of apartment housing. East York By-law No. 6752 restricts the use of 41-63 Halsey to apartment buildings with a maximum coverage of 2.0 times the area of the lot. There are no height limits for apartment buildings in R3A zones.

Approval of this development application requires the adoption by Council of Official Plan and site specific Zoning By-law amendments to allow low density housing on this site.

Staff are satisfied that this development advances the housing policies of the Official Plan pertaining to infill development at suitable locations that does not adversely affect the physical character of stable low density residential areas.

Agency Circulation:

The application was circulated to all appropriate agencies and City departments. Responses received have been used to evaluate the application and to formulate appropriate by-law standards.

Public Input:

Notice of the application was sent to all residents within 120 metres (400 feet) of the site and a community information meeting to obtain public input was held on June 7, 1999. The notice and the meeting produced a request for a study of soil conditions given that the site was used for industrial purposes in the 1960's and a request for an evaluation of the existing trees to determine what trees might be saved. The applicant agreed to undertake bore holes to test the soils of the site and to submit a proper tree inventory to the City.

Other comments consisted of complaints respecting the existing perceived parking problem on Halsey Avenue and inquiries about the timing and length of construction of the proposed development.

Building Height and Site Design:

The proposed development shown on Figures (1) and (2) show 7 pairs of semi-detached houses with attached garages directly accessible from the street by private driveways. The proposal mirrors the built form of surrounding low density housing on Halsey Avenue and provides a suitable transition between the apartment buildings at the south-west corner of Halsey Avenue and Dawes Road and the semi-detached houses directly west of the site on Halsey Avenue.

The proposed construction meets all the Zoning by-law requirements for semi-detached houses in R2A zones for coverage, setbacks, floor space index, parking and building length, with two very minor exceptions. One exception is for a projection of 0.67 metres from the front wall of buildings on lots 45, 47, 53, 55, 61 and 63 for a second storey bay window which has been provided to add diversity and variety in the front elevations. The Zoning By-law allows a 0.61 metre bay window projection. The other minor variance from the By-law is for maximum coverage for lots 41 to 59, which vary from 35.2 percent to 36.6 percent. The Zoning By-law requires 35 percent coverage.

The attached site-specific by-law which sets out specific development standards for this development has been formulated to allow for these very minor and appropriate variances.

Parkland Dedication:

The City's Parks and Recreation Planning Division has advised that as per East York By-law No. 85-92, the applicant will be required to make a 5 percent cash-in-lieu of parkland dedication payment. A 5 percent on site parkland dedication is considered impractical because of the small size of the site. The surrounding area is also well serviced by existing parkland.

The amalgamation of the new City of Toronto will bring a new parkland dedication by-law which may be in effect at the time the applicant applies for a building permit.

Tree Inventory:

The applicant submitted a tree inventory for the site showing the location of the existing 15 Austrian pine and Norway maple trees. Three of these trees along the eastern side of the development will be retained. In addition, the builder proposes to plant one new tree in the front yard of each house. The exact location and species of the new trees will be determined in consultation with the Urban Forestry Section of Parks and Recreation and Urban Design of Urban Planning and Development Services.

Soil Conditions:

The applicant submitted a soils report for the site prepared by Construction Control Inc. The boreholes revealed that the site does not contain soil contamination. The site was previously filled with clean soil up to its present grade and underneath the topsoil is uncontaminated natural soil.

Conclusion:

The proposed development is suitable for this location because it advances the infill housing policies of the Official Plan and maintains the general physical character of the surrounding area including standards for height, density, setbacks, and parking for semi-detached houses.

Contact Name:

Ed Mihalcin

Senior Planner, East York District Office

397-4498

InsertMap No. 1

Proposed Site Plan

Insert Map No. 2

Elevations and Floor Plans

Amendment No. 21 to the Official Plan

for the Former Borough of East York

Part One - Preamble, does not constitute part of this Amendment.

Part Two - the Amendment, consisting of the text contained therein and the map attached thereto as Schedule "A" constitute Amendment No. 21 to the Official Plan for the former Borough of East York.

Part One

Preamble

Title

This is Amendment No. 21 to the Official Plan for the former Borough of East York.

Purpose

The purpose of this amendment is to redesignate a 3436.3 parcel of land located at 41-63 Halsey Avenue from "High Density Residential" to "Low Density Residential" to permit the erection of 7 pairs of semi-detached houses.

Location

The lands affected by this Amendment are outlined in a heavy black line identified as "Area Subject to Amendment" on Schedule "A" attached hereto, and are located at 41-63 Halsey Avenue.

Basis

The lands affected by this amendment are designated "High Density Residential" which limits the use of these lands to multiple unit housing in the form of apartment housing. A "Low Density Designation" provides for ground oriented units and the proposed semi-detached units meets this requirement. Low density housing at 41-63 Halsey Avenue is in keeping with the character of housing on Halsey Avenue and helps achieve the housing intensification goals of the Official Plan.

Part Two

The Amendment

All of this part of the document entitled "Part Two- The Amendment" consisting of the following text and the attached Schedule "A" constitute Amendment No. 21 to the Official Plan of the former Borough of East York.

The lands affected by this Amendment are shown on Schedule "A" to this Amendment as "Area Subject to Amendment".

Map 7 - Special Policy Areas of the Official Plan for the former Borough of East York is hereby amended by identifying the lands known as 41-63 Halsey Avenue indicated as "Area Subject to Amendment" on Schedule "A" to this Amendment as: Special Policy Area 30, as shown on Schedule "A" to this Amendment.

The text of the Official Plan of the former Borough of East York is hereby amended by adding a new Section 3.15.30, immediately following Section 3.15.29, as follows:

3.15.30 Special Policy Area 30

3.15.30.1The lands shown as Special Policy Area 30 on Map 7 of this Plan known municipally as 41-63 Halsey Avenue, which are currently designated "High Density Residential" are redesignated "Low Density Residential" and are hereby subject to the policies of Section 3.3 of the Official Plan.

Insert Table/Map No. 1

Schedule "A"

Authority:East York Community Council Report No. as adopted

by Council on 1999

Enacted by Council:

City of Toronto

Bill No:

By-law No. -1999

To amend Restricted Area Zoning By-law No. 6752, as amended, of the former Township of East York

Whereas authority is given to Council by Section 34 of the Planning Act, RSO, 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:

(1)the lands subject to this by-law are those lands outlined by a heavy black line and identified as "Area Subject to Amendment" as shown on Schedule "1" attached hereto;

(2)Schedule "A" to By-law No. 6752, as amended, is hereby further amended by changing the zoning category for the lands identified as "Area Subject to Amendment" on Schedule "1" of this By-law from "Residential - Site Specific (R3A.1)" Zone to "Residential R2A - Site Specific (R2A.38)" Zone; and

(3)Zoning By-law No. 6752, as amended, is hereby further amended by adding a new Section 7.5.4.38 immediately after Section 7.5.4.37 of the By-law as follows:

7.5.4.3841-63 Halsey Avenue R2A.38 Zone

7.5.4.38.1Area Restricted

The provisions of this Section shall only apply to those lands being Part of Lot 2, Concession 2, From the Bay; Part of Block H and Part of Halsey Avenue, Registered Plan M - 780; and Part of Lots 6, 7, and 8, Registered Plan M-714; City of Toronto (formerly Borough of East York) designated R2A.38 on Schedule "A".

7.5.4.38.2General Provisions

On those lands referred to in Section 7.5.4.38.1 of this By-law, no person shall use, occupy, erect, alter, cause to be used, occupied, erected or altered, any Building, Structure or land or part thereof except in accordance with the following provisions:

(1)Permitted Uses

Residential - Semi-detached Dwellings; and

Buildings and Structures Accessory to the foregoing.

Development Requirements

maximum number of semi-detached

dwellings14 dwellings

maximum number of dwellings per lot1 dwelling

the siting of any Dwelling or Structure or portion thereof shall be wholly within the Building envelope shown on Schedule "1" to By-law No. 99, except that the provisions of Section 5.6 of By-law 6752 shall apply to any projections or encroachments into the yard

notwithstanding Section 5.6 of By-law 6752, a projection of 0.67 metres for a second storey bay window is permitted beyond the front wall of the buildings

maximum lot coverage 37 percent

Other Provisions of the By-law:

Except as amended in this By-law all the other provisions of By-law No. 6752 shall apply to the lands referred to in Section 7.5.4.38.1.

The following additional uses shall be permitted on the lands:

temporary sales trailer which shall:

only be used to sell the Buildings located within the limits of the area identified on Schedule "1" to Section 7.5.4.38;

provide at least 1 temporary parking stall; and

be removed within 60 days after the completion of the last Building.

 Enacted and Passed this day of , A.D.

_______________________

Mel LastmanNovina Wong

MayorCity Clerk

Insert Table/Map No. 1

Schedule "1"

The East York Community Council also had before it a communication (August 24, 1999) from Ms. Mary E. Plese, East York, opposing the application for Official Plan and Zoning By-law Amendments regarding 41 - 63 Halsey Avenue.

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The following persons appeared before the East York Community Council in connection with the foregoing matter:

-Mr. William Keeble, East York, and expressed concerns with respect to parking, traffic, water and sewage capacities, and advised he has no objections to the proposed development;

-Mr. Mike Rezakis, East York, and suggested that parking be prohbited on one side of Halsey Avenue; and

-Mr. Ed Koschuk, East York, and expressed concerns with respect to parking on Halsey Avenue.