Application to Amend Zoning By-law No. 1916

Regarding 206 Laird Drive and 186 Parkhurst Boulevard

The East York Community Council, based on the findings of fact and conclusions, recommends that Council:

(1)approve the application by LZA Architect, as amended, to amend Zoning By-law No. 1916 to permit a three-storey, mixed use residential and commercial building with an appropriate number of residential apartment units and 478 square metres of commercial gross floor area at 206 Laird Drive and 186 Parkhurst Boulevard;

(2)enact a Zoning By-law Amendment in accordance with Recommendation No. (1) and otherwise substantially in the form attached to the report of the Director of Community Planning, East District, dated July 21, 1999; and

(3)not give any further notice respecting the Zoning By-law Amendment.

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 (July 21, 1999) from the Director of Community Planning, East District:

Purpose:

This is a review report and makes recommendations regarding an application to amend Zoning By-law No. 1916 to permit a four storey, mixed-use residential and commercial building 206  Laird Drive and 186 Parkhurst Boulevard.Financial

Implications:

The developer will assume the costs associated with this development.

Recommendations:

It is recommended that City Council:

(1)approve the application by LZA Architect to permit a four-storey, mixed use residential and commercial building with 44 residential apartment units and 478 square metres of commercial gross floor area at 206 Laird Drive and 186 Parkhurst Boulevard; and

(2)enact a zoning by-law amendment in the form attached.

Background:

This application was submitted by LZA Architect on behalf of the owners, 1282534 Ontario Limited. The applicant is proposing an amendment to Zoning By-law No. 1916 to permit a four-storey mixed use residential and commercial building at 206 Laird Drive and 186 Parkhurst Boulevard.

Discussion:

(1)Site Description:

The site is located at the northwest corner of Laird Drive and Parkhurst Boulevard, as illustrated on the location map above. The site is comprised of two properties. The property at 206 Laird Drive has a frontage of 39.6 metres (130 feet) on Laird Drive and a frontage of 45.7 metres (150 feet) on Parkhurst Boulevard. There is a two-storey building on the property that was previously used as a multi-tenanted commercial building. The other property, at 186 Parkhurst Boulevard, has a frontage of 9.1 metres (30 feet) on Parkhurst Boulevard, and a lot depth of 39.6 metres (130 feet). There is a one-storey detached dwelling on the lot. The combined area of the site is 2,173 square metres (23,400 square feet).

The site is on the edge of a low-density residential neighbourhood. The properties west of the site are used for detached dwellings. To the south there is an automobile repair shop and a vacant restaurant at the southwest corner of Parkhurst Boulevard and Laird Drive, across the street from the site. A medical and health services building abuts the site to the north. The properties east of the site, on the east side of Laird Drive, are used for industrial purposes.

(2) Proposal:

The applicants are proposing to construct a four-storey residential and commercial building with 44 residential apartment units and 478 square metres (5,145 square feet) of commercial floor area on the ground floor to be used for business offices. The applicants are proposing 67 parking spaces, of which 57 spaces will be located in an underground garage with an entrance from Parkhurst Boulevard, and an exit onto Laird Drive. The remaining 10 spaces will be surface parking located on the west side of the building.

The following are the proposed site development statistics for the project:

Lot Area:2,173 square metres (23,400 square feet)

Gross Floor Area

Residential:3,949 square metres (42,508 square feet)

Commercial:478 square metres (5,145 square feet)

Other:1,312 square metres (14,122 square feet)

Total:5,739 square metres (61,775 square feet)

Floor Space Index:2.6

Lot Coverage:60.0 percent

Building Height:4 storeys (13.0 metres)

Parking Spaces

Residents:44 spaces (1.0 space per unit)

Visitors:11 spaces (0.25 spaces per unit)

Commercial:12 spaces

Total:67 spaces

Setbacks

North:0.1 metres (0.3 feet)

South:0.045 metres (0.14 feet)

East:0.596 metres (1.95 feet)

West:12.0 metres (39.3 feet)

(3)Official Plan:

The site is designated Main Streets Commercial/Residential in the Official Plan for the Borough of East York. The Main Streets Commercial/Residential policies in Section 3.9 of the Official Plan permit the land to be zoned for pedestrian related commercial uses together with multiple unit housing in the form of medium rise structures. The permitted uses may include, retail and service commercial uses, including business and professional offices; residential units designed as an integral part of a mixed-use commercial-residential development; institutional uses; and private recreational and entertainment facilities.

The Official Plan limits the permitted building height to four storeys, and requires that the density of development be regulated through the Zoning By-law.

(4)Zoning By-law:

The portion of the site at 206 Laird Drive is zoned C1 in Zoning By-law No. 1916. The C1 zone permits a range of commercial uses, and dwelling units over commercial uses. Residential uses are permitted at a density of one dwelling unit per 92 square metres (990 square feet) of lot area. A zoning amendment is required for this part of the site because the proposal exceeds the residential density permitted by the By-law.

The portion of the site at 186 Parkhurst Boulevard is zoned "Residential R1A". The zoning permits detached dwelling units, schools, libraries and churches, but does not permit the proposed use.

(5)Site Plan Approval:

The applicant submitted an application for Site Plan Approval, which is being processed concurrently with this rezoning application. The applicant will be required to enter into a Site Plan Development Agreement, which will address site development details such as building design, landscaping, and the location of other facilities on the site.

(6)Circulation:

The application was circulated for technical comments to the usual departments and agencies. There were no objections, however, some comments regarding site plan issues were received. These comments are being addressed through the site plan approval process.

The Leaside Property Owners Association was circulated and responded with the following comments:

(a)they expressed a strong opinion that the building should not exceed four storeys;

(b)they were concerned about the possibility of shadows encroaching onto neighbouring properties;

(c)they want the project to adhere to current parking standards;

(d)there was a concern about the amount of lot coverage;

(e)garbage storage and pick-up should not be unsightly and disruptive; and

(f)the underground parking exit onto Laird Drive may be a problem.

The Leaside Industrial Park Association was also circulated, but did not respond.

(7)Public Participation:

A Community Meeting regarding the proposed development was held on April 14, 1999 at the East York Civic Centre. Notice of the meeting was mailed to all properties within a 120 metre (295 feet) radius of the property. Several neighbours attended the meeting and expressed a variety of concerns, which are addressed below.

Notice of the September 14, 1999 Public Meeting was also mailed to all properties within a 120 metre (295 feet) radius of the property.

Comments:

When the Community Meeting was held in April, the applicants were proposing a five-storey building on the property at 206 Laird Drive only. They had not yet acquired the property at 186 Parkhurst Boulevard. The following is a summary of concerns expressed by those in attendance:

(a)there was a concern about the impact of the proposed parking garage entrance on the neighbour at 186 Parkhurst Boulevard;

(b)several people expressed concerns about the impact of the fifth storey on the neighbouring detached dwellings;

(c)some people were concerned that a five-storey building on this site would set a precedent for other developers to build five-storey buildings in the neighbourhood, particularly on the properties at the southwest corner of Laird Drive and Parkhurst Boulevard;

(d)there was a concern that noise from the rooftop mechanical unit would disturb the neighbours' peaceful enjoyment of their properties;

(e)some people did not want to see vehicular access from Parkhurst Boulevard;

(f)there were concerns about the building setbacks from the neighbouring properties to the west and north.

Staff had several discussions with the applicants about the impact of the building on neighbouring properties, and particularly about the proposed fifth storey. The Official Plan permits a maximum building height of four storeys. Further, staff do not support a fifth storey on this site because of the impact it would have on the surrounding area; and

In response to these concerns, the applicants revised their proposal by reducing the building height to four storeys; by reducing the building envelope on the west side; by moving the entrance to the parking garage eastward; and by acquiring the property at 186 Parkhurst Boulevard. The applicants propose to remove the bungalow to create a greater separation distance between their building and the nearest property to the west. In the opinion of staff, these modifications enhance the proposal considerably, and address many of the concerns expressed by the Leaside Property Owners Association and the neighbours at the Community Meeting.

With respect to concerns about vehicular access, the Transportation Services Division indicated that the anticipated number of trips would be low, and the building would not generate an unacceptable level of traffic for either Parkhurst Boulevard or Laird Drive.

The issue regarding the rooftop mechanical unit will be addressed through the site plan approval process. The concern about garbage pick-up will also be addressed through site plan approval. The City will provide curbside pick-up, and garbage will be required to be stored in an indoor storage room until the designated pick-up day.

The reduction of the building height to four storeys should mitigate concerns about shadowing on neighbouring properties. Staff have requested the applicants to have a shadow study available at the public meeting.

Staff also considered the following factors:

The proposal implements the Official Plan policies for the Main Streets Commercial/Residential designation.

The site has convenient access to public facilities and amenities, including access to public transit, local shopping facilities, and parks and public recreation facilities at Trace Manes Park and Talbot Park.

The proposal meets the minimum parking standard of 1¼ parking space per dwelling unit required by the zoning by-law for apartment housing.

(4)The proposal will improve the profile of this section of Laird Drive, and make use of a vacant site.

Conclusion:

The proposal is supported by the policies of the Official Plan. In the opinion of staff, the applicants have satisfactorily addressed many of the issues expressed by staff and the neighbours. Staff are recommending that the application be approved, and that Council enact a zoning by-law amendment to change the zoning to a C1 site-specific zone.

Contact

Paul Galvin, Planner

(416) 397-4648

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Authority:East 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 Restricted Area Zoning By-law No. 1916,

as amended, of the former Town of Leaside

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:

(1)the lands subject to this By-law are those lands outlined in 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. 1916, 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 "Commercial - General C1 Zone" to "Residential R3A - Site Specific (R3A.6) Zone"; and

(3)Zoning By-law No. 1916, as amended, is hereby further amended by adding a new Section 6.7.5.6 immediately after Section 6.7.5.5 of the By-law as follows:

"6.7.5.6206 Laird Drive and 186 Parkhurst Boulevard

6.7.5.6.1Area Restricted

The provisions of this Section shall only apply to those lands being Lots 527 to 532 inclusive, and Part of Lane, Registered Plan 1925, City of Toronto (formerly Borough of East York) designated R3A.6 on Schedule "A".

6.7.5.6.2General Provisions

On those lands referred to in Section 6.7.5.6.1 of this By-law, no person shall use, occupy, erect, alter, cause to be used, occupied, erected or altered any Building, Structure or part thereof except in accordance with the following provisions:

(1)Permitted Uses, Buildings and Structures

(a)Residential

i)Dwelling Apartment

(b)Commercial

Business Office

(2)Prohibition

(a)Nothing herein shall permit any of the following uses:

(i)the keeping or having of any billiard, pool or bagatelle table by persons for hire or gain;

(ii)the keeping or having of any games of skill or chance, or part skill and part chance, which are operated or activated in whole or in part by or with mechanical or electrical means.

(iii)adult Entertainment Parlour;

(b)permitted commercial uses shall be located within a wholly enclosed Building;

(c)outside open storage of goods, materials and equipment and the outdoor display of merchandise, whether accessory to a permitted use or not, are prohibited; and

(d)permitted commercial uses shall not be located above the first storey above Finished Grade.

(3)Development Requirements:

(a)Minimum Lot Area2,170 m²

(b)Maximum no. of Dwelling Units44

(c)Maximum Gross Floor Area5,740 m²

(d)Maximum Gross Floor Area - Commercial500 m²

Minimum Side Yard setbacks

North0. 1 metres

South0.04 metres

East0. 5 metres

West 12.0 metres

(e)Maximum Building Height (exclusive of

mechanical enclosures)13.7 metres

(f)Maximum number of StoreysFour (4)

(g)Minimum number of

on-site Parking Spaces

Residential1.25 Parking Spaces per Dwelling Unit

CommercialIn accordance with Section 5.17 and 5.18

(4)Other Provisions of the By-law

None of the provisions of this By-law shall apply to prevent the use, occupation, Erection or alteration of any Building, land or part thereof, on any lands referred to in Subsection 6.7.5.6.1 in accordance with the provisions of Sections 6.7.5.6.2(1), (2) and (3). In all other respects, all of the other provisions of this By-law shall apply to the lands referred to in Section 6.7.5.6.1."

Enacted And Passed this day of , A.D. 1999.

 ____________________________________________________

Mayor Clerk

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Schedule "1"

The East York Community Council also had before it a communication (August 23, 1999) from Mr. Sal Crimi, Invar Building Corporation, North York, expressing concern with the resulting traffic implications of this application and requesting that sufficient parking be provided to accommodate this proposal.

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

-Mr. Tom Donaghy, East York, on behalf of residents of Vanderhoof Avenue, opposing the proposed development and expressing concerns with respect to: the proportion of the proposed development relative to neighbouring properties, shadowing on neighbouring properties; the increase in the size of the development since the community meeting in April, 1999; noise from the roof-top mechanical room; traffic; lack of information prior to this meeting;

-Ms. Sharon Manchee, East York, opposing the proposed development and expressing concerns with respect to: setbacks on Parkhurst; possibility of having access to parking from Laird Drive; lack of information prior to this meeting; traffic; difficulty in making left hand turns from Parkhurst Boulevard onto Laird Drive;

-Ms. Kathleen Slater, East York, opposing the proposed development and expressing concerns with respect to potential loss of privacy and light; inappropriateness of this development; traffic on Laird Drive; parking on Vanderhoof Avenue; and noise from the roof-top mechanical room;

-Mr. Chris Kelly, East York, opposing the proposed development and expressing concerns with respect to: shadowing on neighbouring properties; lack of privacy due to balconies from the development looking over the backyards of homes on Vanderhoof Avenue; noise from roof-top mechanical room; parking; proposed development is too dense for the footprint;

-Mr. Richard Phillips, East York, opposing the proposed development and expressing concerns with respect to parking issues and advising he supports the comments of the former deputants;

-Ms. Leasa Knechtel, East York, opposing the proposed development and expressing concerns with respect to parking and traffic;

-Ms. Agnes Vermes, President, Leaside Property Owners' Association, East York, concurring with views expressed by previous deputants and expressing concerns with respect to: massing; overview of building onto neighbouring properties; proposed green space is unusable; set-backs; there should be trees around the building for privacy; lack of green space; the proposed development with jut-out; roof-top garden should be redesigned utilizing new landscaping technologies and privacy screens; mechanical room should be sound-proofed; there should be an additional elevator;

-Ms. Cheryl Bannier, East York, in opposition to the proposed development and expressing concerns with respect to traffic; children's safety; insufficient set-backs of building; noise from mechanical room;

-Mr. Patrick Rocca, Leaside Property Owners' Association, East York, in opposition to the proposed development and expressing concerns with respect to: set-backs; noise from the mechanical room; and traffic;

-Ms. Wendy LeBlanc, Caldwell Bankers, East York, in support of the proposed development; and

-Ms. Sue Strohbeck, East York, opposing the proposed development and expressing concerns with respect to traffic; noise; loss of light.