Settlement Report - Zoning By-law Amendment and

Site Plan Approval - 395, 397, 399 and 403 Brunswick Avenue,

and Part of 10A Kendal Avenue (Midtown)

The Toronto Community Council recommends that the following report (October 12, 1999) from the Commissioner of Urban Planning and Development Services be amended by adding a new recommendation to read:

"That the owner shall submit, prior to the issuance of a building permit, a Utility Burial Plan, to the satisfaction of the Commissioner of Works and Emergency Services, demonstrating how all utility services will be located underground within the development, provided that the burial plan does not inflict damage to mature trees; the owner hereby agrees to amend this agreement, as/if required by the Commissioner of Works and Emergency Services, to provide for the maintenance and/or access to the approved below grade utilities."

and that the report, as amended, be adopted.

The Toronto Community Council reports, for the information of Council, having requested the Commissioner of Urban Planning and Development Services:

(1)to report to the Toronto Community Council by June, 2000 on a new requirement of development approval (Official Plan Amendment, Zoning By-law Amendment, Site Plan Approval and Severance) to require owners to submit, prior to the issuance of a building permit, a Utility Burial Plan to the satisfaction of the relevant Commissioner, demonstrating how all utility services will be located underground within each development, subject to the preservation of existing significant trees, and that the owner agree to amend the development agreement, as/if required by the Commissioner of Works and Emergency Services, to provide for the maintenance and/or access to the approved below grade utilities; and

(2)given the possibility that the Loretto College School lands (bounded by Brunswick Avenue to the west, Lowther Avenue to the south, Walmer Avenue to the east and by a line southerly of Kendal Avenue to the north) could be redeveloped in the near future and given that the current zoning provisions would permit residential development on these lands twice that which is permitted within the surrounding residential neighbourhood and at a height exceeding the surrounding height limit by two metres, to review the existing Official Plan and Zoning By-law provisions on Brunswick Avenue east side, from the Loretto College School to Lowther Avenue, such review to undertake an urban design analysis that would address issues of appropriate built form, architectural character, streetscape, landscaping, access, parking and servicing, as the said lands lie within an area of the Annex that has a particular architectural character, wherein many of the dwellings are either listed or designated by Heritage Toronto.

The Toronto Community Council submits the following report (October 12, 1999) from the Commissioner of Urban Planning and Development Services:

Purpose:

To provide final recommendations respecting a settlement of the owner's appeal to the Ontario Municipal Board of applications for a Zoning By-law Amendment, Site Plan Approval and severances (consents) for a combined infill redevelopment and renovation project, including construction of nine midblock townhouses for 395, 397, 399 and 403 Brunswick Avenue, and part of 10A Kendal Avenue.

Source of Funds:

Not applicable.

Recommendations:

1.That City Council instruct the City Solicitor and the Commissioner of Urban Planning and Development Services to attend the Ontario Municipal Board hearing commencing November 16, 1999, to settle the appeals before the Ontario Municipal Board respecting 395, 397, 399 and 403 Brunswick Avenue, and part of 10A Kendal Avenue, based on the following terms:

(a)that a draft Zoning By-law be authorized to amend the former City of Toronto Zoning By-law (438-86 as amended) as it affects the lands known in the year 1999 as 395, 397, 399 and 403 Brunswick Avenue, and part of 10A Kendal Avenue, substantially as set out below:

(i)exempt the lands shown by parcel on Plan 1, attached to this report, from the following Sections of By-law 438-86 as amended:

(a)for Parcel 1:

6 (3) Part II 3.C(I)Side yard setbacks;

12 (2) (280)Lot frontage;

(b)for Parcel 2:

2Definition of "lot";

4 (11) (b) and (c)House behind a house;

6 (3) Part II 4Rear yard setbacks;

6 (3) Part II 5Building Depth;

6 (3) Part III 3(a)&(c)Front Yard soft landscaping;

6 (3) Part IV 4 (ii)Driveway width;

6 (3) Part IX 1 (b)One building per lot;

(c)for Parcel 3:

6 (3) Part II 4Rear yard setbacks;

(d)for Parcel 4:

2Definition of "lot";

6 (2) 21Parking Station;

6 (3) Part II 3.C(I)Front yard setback;

6 (3) Part III 1.(b)Landscaped Open Space;

(e)for all parcels

6 (3) Part IX 1 (a) One building per lot

(ii)permit, on the lands shown by parcel on Plan 1, attached to this report, the erection and use of residential buildings, provided that:

(a)for Parcel 1, :

(i)the maximum residential gross floor area does not exceed 310 m2;

(ii)the lot frontage is not less than 10.03 metres; and

(iii)no part of any building or structure shall be closer to the side lot line than 0.12 metres on the north side; and

(b)for Parcel 2, :

(i)the maximum residential gross floor area does not exceed 2,500 m2;

(ii)the maximum number of residential units is 11;

(iii)no part of any building above grade extends beyond the area outlined by heavy lines in the plan to be attached to the By-law;

(iv)no building, either existing or to be erected on this parcel, shall be required to have its own lot; and

(v)the minimum driveway width shall be 5.5 metres; and

(c)for Parcel 3, :

(i)the maximum residential gross floor area does not exceed 425 m2;

(ii)the maximum number of residential units is 3;

(iii)no part of any building or structure that is erected shall be located closer than 5.4 metres to the rear lot lines;

(d)for Parcel 4, :

(i)the maximum residential gross floor area does not exceed 650 m2;

(ii)the maximum number of residential units is 6;

(iii)no part of any building above grade extends beyond the area outlined by heavy lines in the plan to be attached to the By-law;

(iv)no building shall be required to be assigned to a defined parcel of land or have a common basement and/or is to be connected above the natural level of the ground;

(v)the landscaped open space area shall be no less than 205 m2; and

(vi)the parking station shall be set back no less than 5.5 m from the residential building.

(b)That the City Solicitor advise the Ontario Municipal Board that, in accordance with Section 41 of the Planning Act, City Council recommends approval of the Site Plan substantially in accord with the following plans for a phased development, subject to the owner entering into an Undertaking satisfactory to the Commissioner of Urban Planning and Development Services as set out in Recommendation 2:

A-00Streetscape

P-01Process Drawing

A-02Basement & Ground Floor Plans as Existing - 395 Brunswick Avenue

A-03Second and Third Floor Plans as Existing - 395 Brunswick Avenue

A-02Basement & Ground Floor Plans as Existing - 397 Brunswick Avenue

A-03Second and Third Floor Plans as Existing - 397 Brunswick Avenue

A-02Basement & Ground Floor Plans as Existing - 399 Brunswick Avenue

A-03Second and Third Floor Plans as Existing - 399 Brunswick Avenue

395-1395 Brunswick Avenue

397 A/B397 'A' and 397 'B' Brunswick Avenue

397-D397 'D' Brunswick Avenue

397-EFG397 'E, F, G' Brunswick Avenue

397-H397 'H' Brunswick Avenue

397-J397 'J' Brunswick Avenue

397-M397 'M' Brunswick Avenue

date stamped as received February 26, 1999, prepared by Gabor + Popper Architects,

A-02Ground Plane Drawing

397M397 M Brunswick Ave

397DH397 D to H Elevations

397JM397 J to M Elevations

403-1Typical Floor Plans, Lower Units

403-2Typical Floor Plans, Upper Units, Roof Plan

403-3Elevations

date stamped as received September 23, 1999, prepared by Gabor + Popper Architects,

A-01Site Plan

LOS-1Landscape Open Space Plan

T01Tree Preservation and Removal

date stamped as received September 23, 1999 and red-line revised October 8, 1999, prepared by Gabor + Popper Architects, and

L1Layout & Grading Plan

L2Planting Plan

date stamped as received September 23, 1999 and red-line revised October 8, 1999, prepared by John Lloyd & Associates Landscape Architects

all as on file with the Commissioner of Urban Planning and Development Services of the City of Toronto; and

(c)that the consents to severe land in accordance with the application to the Committee of Adjustment be supported.

2.That, prior to the issuance of the Ontario Municipal Board Order, the owner enter into an Undertaking under Section 41 of the Planning Act requiring that:

A.DEVELOP AND MAINTAIN SUBSTANTIALLY IN ACCORDANCE WITH PLANS

(1)the proposed phased development, including all landscaping related thereto, shall be undertaken and maintained substantially in accordance with the drawings referred to above;

B.GARBAGE

(2)the owner shall provide and maintain a rodent-proof garbage storage facility at least 4 m² in size, on private property, for the shared use of the residents of Parcel 4, to store separately the garbage and recyclable materials generated between collections;

(3)the owner shall provide and maintain individual rodent-proof garbage storage areas, on private property, of sufficient size to accommodate the amount of separated recyclable and non-recyclable material generated in one week, for all dwelling units on Parcels 1, 2 and 3;

(4)the owner shall designate two common refuse collections areas, adjacent to the sidewalk on Brunswick Avenue, to the satisfaction of the Commissioner of Works and Emergency Services, as follows:

(i)one for the shared use of the owners/tenants of Parcel 4; and

(ii)one for the shared use of the owners/tenants of Parcel 2;

(5)the owner shall insert in all offers of sale and in all deeds which shall be registered on title for each dwelling in this project, a covenant advising of the location of the garbage pick-up area for all dwellings;

D.PARKING

(6)the owner shall provide and maintain a minimum of 21 parking spaces on the site to serve the project, including a minimum of 1 parking space for Parcel 1, a minimum of 11 parking spaces for the exclusive use of the residents of Parcel 2 and 1 visitor parking space for Parcel 2, a minimum of 2 parking spaces for Parcel 3, and a minimum of 6 parking spaces for the exclusive use of the residents of Parcel 4;

(7)the owner shall:

(i)obtain rights-of-way in favour of the owners of each dwelling unit within Parcel 4 over the portion of the adjacent driveway and property on Parcel 3 required to access their respective parking spaces and services;

(ii)obtain rights-of-way in favour of the owners of Parcel 3 over the portion of the adjacent driveway and property on Parcel 4 required to access their respective parking spaces and services;

(iii)register rights-of-way in favour of the owners of each residential unit within Parcels 3 and 4 over the portion of the property required to access their respective parking spaces and municipal services if applicable;

(8)the owner shall register a covenant against the title that all future owners of any severed lot on the site will be granted rights-of-way over the property required to access their respective parking spaces and will be jointly responsible for the maintenance of the private driveway, including servicing and winter maintenance;

E.LANDSCAPING

(9)the owner shall protect at all times, in accordance with the approved plans specified above, the six City owned trees situated on the City road allowance adjacent to this site;

(10)the owner shall protect at all times, in accordance with the approved plans specified above, the seven trees situated on private property involved with this project which are protected under the provisions of the former City of Toronto Municipal Code Chapter 331, Trees, Article III;

F. REFERENCE PLAN OF SURVEY AND DIMENSIONED PLANS

(11)prior to the Ontario Municipal Board's Order issuing, the owner shall submit to the Commissioner of Works and Emergency Services:

(i)a Reference Plan of Survey, in metric units and integrated with the Ontario Co-ordinate System, delineating thereon by separate PARTS the lands under application and any rights-of-way appurtenant thereto;

(ii)final approved plans of the development with sufficient horizontal and vertical dimensions of the exterior walls of the proposed houses to enable the preparation of building envelope plans;

I.OTHER CONDITIONS

(12)Heritage Matters

(i)the owner shall agree to the designation of the existing house-form structures on Parcels 1, 2 and 3 pursuant to Part IV of the Ontario Heritage Act to be of architectural and historical value;

(ii)prior to the Ontario Municipal Board's Order issuing, the owner shall enter into Heritage Easement Agreements with the City of Toronto to preserve these historic buildings in perpetuity;

(iii)the owner shall prepare a detailed restoration plan by a restoration architect to the satisfaction of the Managing Director of Heritage Toronto for each building, prior to making application for any building permit; and

(iv)the owner shall agree to post a letter of credit in an amount and form satisfactory to the Managing Director, in consultation with the City Solicitor, prior to making application for any building permit;

(13)the owner shall prepare and submit, prior to the issuance of a building permit, an overall municipal servicing plan and a Stormwater Management Plan for the review and approval of the Commissioner of Works and Emergency Services;

(14)the owner shall provide space within the development for the construction of any transformer vaults, Hydro and Bell maintenance holes and sewer maintenance holes, if required, in connection with the development;

(15)the owner shall submit, prior to the issuance of a building permit, a Utility Burial Plan, to the satisfaction of the Commissioner of Work and Emergency Services, demonstrating how all utility services will be located underground within the development; the owner hereby agrees to amend this agreement, as/if required by the Commissioner of Works and Emergency Services, to provide for the maintenance and/or access to the approved below grade utilities; and

(16)the owner shall apply for revised municipal numbering to the Commissioner of Works and Emergency Services prior to filing a formal application for a building permit.

3.That the owner be advised:

(a)that the storm water runoff originating from the site should be disposed of through infiltration into the ground and that storm connections to the sewer system will only be permitted subject to the review and approval by the Commissioner of Works and Emergency Services of an engineering report detailing that site or soil conditions are unsuitable, the soil is contaminated or that processes associated with the development on the site may contaminate the storm runoff;

(b)of the need to receive the approval of the Commissioner of Works and Emergency Services for any work to be carried out within the street allowance;

(c)of the need to receive the approval of the Fire Services Division of the Works and Emergency Services Department prior to the issuance of a building permit, for the provision of fire protection services for this project; and

(d)that the proposal requires conveyance of land for parks purposes or payment in lieu thereof pursuant to Section 42 of the Planning Act.

4.Heritage Easement Agreement:

(a)That authority be granted for the execution of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of 395, 397 and 399 Brunswick Avenue, using substantially the form of easement agreement prepared in February 1987 by the City Solicitor and on file with the City Clerk, subject to such amendments as may be deemed to be necessary by the City Solicitor in consultation with Heritage Toronto and the Commissioner of Urban Planning and Development Services and that such Agreement be entered into prior to the issuance of an Order by the Ontario Municipal Board;

(b)That authority be granted for the introduction of any necessary Bills in Council to give effect to the Heritage Easement Agreement; and

(c)That the owner provide Heritage Toronto with two (2) copies of the required photographs of 395, 397 and 399 Brunswick Avenue for inclusion in the Easement Agreement.

5.Designation By-law - Ontario Heritage Act:

That authority be granted to introduce in Council Bills designating the properties known as 395, 397 and 399 Brunswick Avenue under the Ontario Heritage Act, which Bills shall be introduced prior to the issuance of an Order of the Ontario Municipal Board.

Background:

1.Applicant

The application and revised plans were submitted by George Popper, Architect, 2 Alexandra Boulevard, Toronto, Ontario, M4R 1L7 on behalf of 1321776 Ontario Inc. (Brunswick Court Inc.).

2.Site

The development site, as identified on the attached Key Map, totals 0.4 hectares and consists of four parcels, shown on Plan 1 attached, consisting of 395, 397, 399 and 403 Brunswick Avenue, and a land exchange with 10A Kendal Avenue. This site accommodates four houses used for many years as an administrative, educational and residential complex by the Church Army of Canada. The houses are set back from the sidewalk in a similar manner as houses to the north of the site. The lands associated with 395 and 397 Brunswick Avenue are deep lots extending almost to Kendal Avenue.

3.Surrounding Area

The development site is located immediately north of Loretto College and Private School in the centre of the Annex neighbourhood. 10A Kendal Avenue is involved in this application only to the extent of a land exchange, with the existing house remaining on a modified lot.

This section of Brunswick Avenue is characterized by low rise (two to three storey) house- form structures, either single or semi-detached, to the north and west of the site. Many of these structures have two and three dwelling units. 396 Brunswick Avenue, opposite the site, has four dwelling units, while 415 Brunswick Avenue, to the north of the site, has 8 dwelling units. 388 Brunswick Avenue, to the south-west of the site, is a three storey six-plex.

The section of Loretto College, adjacent to the south limit of the proposed development, is three storeys in height, with one storey, portable classrooms located in the rear yard. The south portion of Loretto College rises to five storeys in height, while south of Loretto College is a 9 storey residential apartment building.

Kendal Avenue is characterized by low rise house-form structures, two to three storeys in height, some of which contained multiple dwelling units. Immediately adjacent to the east limit of the site are two, two storey house-form structures at 10A and 10B Kendal Avenue and a three storey six-plex at 12 Kendal Avenue.

The site is within two to three blocks of the Kendal Avenue entrance to the Spadina station of the Yonge-University- Spadina subway line.

4.Proposal

The proposal, in revised plans submitted September 23, 1999 and, as shown on Plan 1, attached, will provide a total of 21 dwelling units, with a gross floor area of 3,873.8 m2 and an overall density of 0.96 times the lot area, as follows:

-Parcel 1 - retain the existing house-form building at 395 Brunswick Avenue, exclusive of the rear addition and the second floor enclosed walkway connecting this building with the building at 397 Brunswick Avenue, on its own lot. This building would contain one dwelling unit and have a gross floor area of 310 m2;

-Parcel 2 - retain the existing house-form building at 397 Brunswick Avenue, exclusive of a rear addition and the second floor enclosed walkway connecting this building with the building at 395 Brunswick Avenue, as two semi-detached dwellings incorporated in a 9 unit townhouse complex to be built on the rear portion of the lot with vehicle access from Brunswick Avenue via a driveway between the existing dwellings at 395 and 397 Brunswick Avenue. The townhouse units, to be developed in two separate blocks as shown in Plans 1, 6 and 7, attached, will be three storeys in height and incorporate 1 ground related parking space within each structure. Two visitor parking spaces will be provided. This parcel, which is to be developed by Plan of Condominium will have a gross floor area of 2,497 m2;

-Parcel 3 - retain the existing-house form building at 399 Brunswick Avenue, as a converted 3 unit dwelling house, with vehicle parking spaces located to the rear of the lot and vehicle access via a shared driveway with the proposed building at 403 Brunswick Avenue. This parcel will have a gross floor area of 423 m2; and

-Parcel 4 - replace the existing house at 403 Brunswick Avenue with a house-form building containing 6 dwelling units with a gross floor area of 645 m2. The vehicle parking spaces will be located to the rear of the lot with vehicle access via a shared driveway. This proposed building, as shown in Plan 5, attached, will have a similar design as other house-form dwellings on Brunswick (see Brunswick Avenue Streetscape, Plan 4, attached) and will be set back in line with the adjacent structure at 407 Brunswick Avenue, to the north of the site. This parcel is to be developed by Plan of Condominium.

5.Review Process, Public Meeting and Ontario Municipal Board Hearing

As set out in more detail in my preliminary and status reports, the proposal involves a rezoning, site plan and consent to sever, all of which have been appealed by the owner to the Ontario Municipal Board. The Board has scheduled a hearing on this proposal commencing November 16, 1999.

The community public meeting held by the Commissioner of Urban Planning and Development Services at Lord Lansdowne Public School on June 29, 1999, was attended by approximately 40 people. Generally, public opinion was divided, with some residents, primarily from Brunswick Avenue, expressing support for the proposal because of preservation of the streetscape, while other residents, primarily from Kendal Avenue, expressing opposition because of potential impacts or general opposition.

Issues raised at the public meeting included lighting and width of driveways, garbage pick-up, sun/shade impacts on the garden of 10B Kendal Avenue, preservation of existing buildings on Brunswick Avenue, impact of the development on trees on or adjacent to the site, impact of new residents on street parking and fire route requirements for the townhouses.

6.Applicable Planning Controls

Official Plan policies:

The site is designated "Low Density Residence Area" (LDR) in the Part I and Part II portions of the former City of Toronto Official Plan and borders an extensive "Medium Density Residence Area" on the south. Permitted uses in LDR Areas include residential buildings to a maximum density (gross floor area times the lot area) of 1.0 provided that, in permitting new development, regard is had for maintaining the elements of neighbourhood structure and character which include: street and lot patterns; location of open spaces; scale of development (height and massing); siting of buildings; relationship between street, yards and entrances; relationship between rear wall of buildings and rear yards; nature of streetscape; presence of historic buildings; public transit and parking; and location of public facilities (Policy 12.5 (d)).

Zoning:

The former City of Toronto's Zoning By-law (438-86, as amended) zones this site, R2 Z1.0 with a 12 metre height limit. This zoning would permit a variety of residential uses to a maximum gross floor area of 1.0 times the lot area.

Comments:

7.Planning Considerations

7.1Official Plan:

The proposed development is consistent with the intent of the Official Plan for the former City of Toronto. The mix of residential uses proposed in the development is consistent with the Plan. The density of each section of the proposed development is within the density limits of the Official Plan. As discussed below, the proposed development, on balance, maintains the elements of neighbourhood character and structure required by Policy 12.5 (d) of the Plan.

7.2Zoning:

The proposed use of the development is consistent with the intent of the Zoning By-law for the former City of Toronto. The height and density of the proposed development are within those permitted by the Zoning By-law.

7.3Site Plan:

The site is subject to Site Plan Application No. 398109 which has been "bumped up" by the Ward Councillors to Council for approval. This approval is subject to the Zoning By-law amendment coming into force and to the owner entering into an Undertaking, to be executed prior to the Ontario Municipal Board Order issuing. The Undertaking will include specific development requirements, some of which are discussed below.

7.4Consents to Sever Land (Severances):

The applicant has proposed five severances for the development of these lands. Parcels 1, 3 and 4 would form separate parcels, with Parcel 2, containing the existing house-form building at 397 Brunswick Avenue and the nine in-fill townhouses being the remaining lot. This is consistent with the tenure (freehold on parcels 1 and 3 and condominium on parcels 2 and 4) proposed by the applicant. In addition to these 3 severances, a land exchange, consisting of 2 severances, is proposed with 10A Kendal Avenue. The land to the west of the existing garage on 10A Kendal is being conveyed to Parcel 2 in exchange for land from Parcel 2 being conveyed to 10A Kendal Avenue in order to create a wider lot on 10A Kendal Avenue.

I am satisfied that these severances, in association with the proposed renovation and infill development, will provide for the appropriate development of these lands and will maintain the general intent of the Official Plan and the Zoning By-law of the former City of Toronto.

7.4Height, Density and Massing:

The height of each portion of the proposed development is within the 12 metre height limit set out in the Zoning By-law and is consistent with the existing number of storeys of residential buildings in the area.

The density of each parcel of the proposed development is within the Official Plan and Zoning by-law limits and consistent with the density of existing low rise residential development in the neighbourhood, which ranges between 0.39 and 1.16 times the area of the lot.

The massing of the proposed development, in part, reflects existing massing in the area and will result in the preservation of the existing streetscape, as shown in Plan 4, attached. Three of the existing house-form buildings fronting on Brunswick Avenue will be retained on site. The one building, which is to be reconstructed at 403 Brunswick Avenue will be designed and set back consistent with adjacent buildings. The nine unit townhouse development is located in such a way that it does not detract from the existing massing of buildings on either Brunswick or Kendal Avenues. Further, the massing of the townhouses provides an internal courtyard and a rear yard set back from 10 Kendal Avenue in excess of 11 metres. A landscaped buffer, as shown in Plan 2, attached, will be provided in this setback area. The five unit block of townhouses in Parcel 2 has been set back such that the view from 10B Kendal Avenue of the side yard north of the townhouses will be of a landscaped area. The existing garage on 10B Kendal blocks much of the view of the townhouses from 10B Kendal Avenue.

I am satisfied that the height, density and massing of this development are appropriate.

7.5Streetscape and Lot Pattern

As mentioned, the proposed massing, height and density of development preserves the builtform of the Brunswick Avenue streetscape, as shown in Plan 4, attached. The entrances to the house-form buildings along Brunswick Avenue are consistent with the entrance pattern in the neighbourhood. The preservation and planting of trees along the Brunswick Avenue frontage (Plans 2 and 3, attached) will also assist in the development of a consistent streetscape along Brunswick Avenue. The townhouse development is set back sufficiently from Kendal Avenue so that it will have little or no impact on the Kendal Avenue streetscape. The vehicle entrance to the townhouses will act as a two way driveway and will have a similar appearance as other shared driveways in the neighbourhood. The applicant has specified that lighting along this driveway is to be oriented down from the light standards so as to minimize levels of glare from the lights to the rest of the neighbourhood, yet maintain a safe, well lit access to the townhouses.

Except for the townhouse portion of the development proposal (Parcel 2), the lot pattern is similar to the rest of the neighbourhood. The deep lots currently associated with 395 and 397 are atypical of the neighbourhood.

I am satisfied that the proposed development results in a streetscape which is consistent with the intent of the Official Plan. The lighting system proposed by the applicant addresses concerns of residents of the area. While the lot pattern for Parcel 2 is atypical of the immediate neighbourhood, it has occurred successfully elsewhere in infill developments in the former City of Toronto. I am satisfied that this atypical lot, in the interior of the block, will not generate negative impact for abutting lots and is an acceptable pattern of development.

7.6Parking

The proposed development will provide 22 parking spaces on-site, of which 2 will be designated for visitors. The proposed parking facilities meet the Zoning By-law requirements. Given the proximity of transit service, I am satisfied that the proposed provision of parking is sufficient for this development.

7.7Heritage Structures

Heritage Toronto, at its meeting of June 28, 1999, recommended that the house-form buildings on 395, 397 and 399 Brunswick Avenue are worthy of designation for architectural reasons under the Ontario Heritage Act. The owner has agreed to their designation. As a condition of approval and in accordance with the recommendations of Heritage Toronto, the owner will be required to enter into a Heritage Easement Agreement to preserve these buildings in perpetuity and to post a letter of credit prior to the issuance of a building permit.

7.8Sun/Shadow Impacts

Concern was expressed at the public meeting about the potential sun/shadow impact of the proposed townhouses on the garden of 10B Kendal Avenue, which is located at the rear of its lot. My staff undertook a sun/shadow impact analysis during the growing season (May 1 to September 15). Analysis of the results show minimal impact in the spring and summer. Shadows start to increase in September and by the 15^th, when, at 12 noon, there is a small impact, at 2 pm 2/3 of the garden is covered by shadow and by 4 pm, 1/2 the garden is in shadow. Based on this analysis, I am satisfied that the shadow impacts of the proposed development are acceptable.

7.9Landscaping

Thirty-eight per cent of this site and 30% of each parcel are to be landscaped open space. This meets the requirements of the Zoning By-law, except for Parcel 4, where an apartment building requires 50% of the lot to be landscaped open space. On Parcel 4, 32% of the lot is proposed to be landscaped open space. As the building that is proposed to be constructed on Parcel 4 has the appearance of a semi-detached house, (Plans 4 and 5, attached), I am satisfied that the intent of the Zoning By-law has been maintained on this Parcel.

The City Forester expressed concerns with initial proposals to develop this site as set out in his comments contained in Appendix A of this report. Subsequently, the applicant met with the City Forester and revised his plans accordingly. I am advised by the City Forester that the revised plans submitted September 23, 1999 and as later red line revised, including the tree preservation and removal plan, are acceptable. The approach shown in Plans 2 and 3, attached, will provide: for the protection of some of the existing mature trees in accordance with City requirements; new deciduous tree plantings along the Brunswick Avenue frontage; a planting buffer with 10 Kendal; and screening against 407 Brunswick Avenue of the parking station associated with 403 Brunswick Avenue.

The proposed development will result in the removal/injury of 11 protected trees. The applicant has posted a notice to this effect, with opportunities for public comment closing October 13, 1999. As a result, the City Forester is unable to issue a final determination on the removal/injury of the 11 significant trees time for the completion of this report, but he will report directly to Community Council at its meeting of November 9, 1999.

Based on discussions with the City Forester and his report dated October 6, 1999, the revisions made by the applicant, and the general conformity with the Zoning By-law, I am satisfied that the proposed landscaping and tree preservation/planting are appropriate to this development and the neighbourhood.

Conclusions:

I support the revised proposal which provides for the redevelopment of an underutilized site through the retention and heritage designation of three existing house-form buildings, the construction of a six unit house-form building and the construction of a nine unit, mid- block townhouse development in a manner consistent with municipal planning policy, including the Official Plan and Zoning By-law, and the character of the neighborhood.

Contact Name:

Wayne Morgan

Community Planning, South District

Telephone 392-1316, Fax 392-1330

E-mail wmorgan@toronto.ca

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APPLICATION DATA SHEET

Confirmed Municipal Address:395, 397, 399 and 403 Brunswick Avenue and 10A Kendal Avenue.

Nearest Intersection:	East side of Brunswick Avenue; north of Barton Avenue.
Project Description:	To preserve 3 existing buildings and construct 15 infill residences

Applicant: George Popper 105 Eglinton Av. E. #802 488-9115

Agent: Gabor + Popper Arch. 105 Eglinton Av. E. #802 488-9115

Architect: Gabor + Popper Arch. 105 Eglinton Av. E. #802 488-9115

PLANNING CONTROLS (For verification refer to Chief Building Official)

Official Plan Designation:	Low Density Residence	Site Specific Provision:	No
Zoning District:	R2 Z1.0	Historical Status:	Yes
Height Limit (m):	12.0	Site Plan Control:	Yes

PROJECT INFORMATION