STAFF REPORT

December 17, 1999

To: Etobicoke Community Council

From: Executive Director and Chief Planner, City Planning

Subject Final Report for Etobicoke Zoning Code Amendment Application

File No: Z-2291 (Kingsway-Humber)

Purpose:

To consider a proposal for amendments to the Etobicoke Zoning Code by Intar Corporation to permit the development of 29 condominium townhouse and 2 single detached units in conjunction with the retention of 2 existing single, detached dwellings, on lands municipally known as 3, 5, 7, 7a, 9 and 11 Tyre Avenue.

Financial Implications and Impact Statement:

There are no financial implications resulting from the adoption of this report.

Recommendation:

It is recommended that the application be approved, subject to a Public Meeting to obtain the views of interested parties and, the conditions outlined in this report.

Background:

The original application, submitted on March 22, 1999, provided for the retention of the single family dwellings located at 9 and 11 Tyre Avenue, and the introduction of 31 townhouse units within a uniform block configuration. This original proposal was to have been serviced by a single access/egress driveway from Tyre Avenue. Visitor parking and amenity space were not provided for in the initial submission.

Following the June 1, 1999, community meeting and discussions with Planning staff, the application was revised to 29 townhouse units and two new single detached units fronting onto Tyre Avenue. Seven designated visitor parking spaces have been added and a passive amenity area located at the Tyre Avenue entrance has been included within this latest revision. A widened driveway and secondary means of access/egress has also been added to the project. These revisions will discussed in greater detail later in this report.

Site Description and Surrounding Land Uses:

The 0.94 ha (2.32 ac.) site is located on the south side of Tyre Avenue, north of Dundas Street West and east of Kipling Avenue (Attachment No. 1). The application is a land assembly comprised of six residential lots at 3 to 11 Tyre Avenue and a remnant City owned portion of land located north of the public lane. The public lane separates the subject lands from the commercial uses on Dundas Street West. The lands are designated Low Density Residential by the Etobicoke Official Plan and are zoned Second Density Residential (R2).

This assembly includes the whole of the lots for 3, 5, 7, and 7a Tyre Avenue and the rear portions of 9 and 11 Tyre Avenue. Two of the four existing single detached dwellings located on the land assembly will be demolished (3 and 5 Tyre Avenue). The remaining two single detached dwellings (7, and 7a Tyre Avenue) will be retained in conjunction with the proposed development. The front portion of 9 and 11 Tyre Avenue do not form part of this application and the single detached homes on these lands will also be retained (Attachment No.1).

Lands to the north, east and west of the property are zoned Second Density Residential (R2) and are occupied by bungalows, one and a half, and two-storey single detached homes. The majority of the homes in the area were constructed in the 1940's and 50's. A mixed use commercial/residential strip is located on the opposite side of the public lane, to the south of the property, fronting onto Dundas Street West and is zoned Limited Commercial (CL).

Proposal:

The applicant proposes a 29-unit condominium townhouses and 2 single, detached dwellings in conjunction with the retention of the existing dwellings municipally known as 7 and 7a Tyre Avenue. The requested amendments would rezone the site from Second Density Residential (R2) to Group Area Fourth Density Residential (R4G) and provide for specific development standards.

Attachment No. 1 is a key map of the area. Attachments Nos. 2 and 3 are reductions of the proposed site plan and elevations. A summary of information as provided by the applicant is listed in Table No. 1.

Table No. 1

Along the Tyre Avenue frontage, two new single detached condominium units are proposed, each with direct access to Tyre Avenue. These units would be approximately 2½ storeys in height, 6.6 m (22 ft) wide and 213 m5 (2, 293 sq ft) in size. Parking would be accommodated with integral garages located at-grade, with additional spaces located in front of the garage (Attachment No. 2).

The balance of the site would consist of six blocks of townhouses, containing a total of 29 units. This part of the development will be accessed by an 8.5 m (28 ft) internal private drive (condominium) from Tyre Avenue. The units will front onto the internal drive and will be 2½ storeys in height, 5.5 m to 6 m (18 to 20 ft) wide and range in size from 165 m² to 206 m² (1, 776 to 2, 217 sq ft). Parking for these units would be accommodated within integral garages, located at-grade, with additional parking spaces located in front of the garage. Additional on-street parking is proposed within the development site (Attachment No. 2).

Frontyard setbacks on Tyre Avenue would be approximately 10 m (33 ft) which would be comparable to building setbacks exhibited by the adjacent dwellings on Tyre Avenue. Frontyard setbacks would generally be 6 m (20 ft) along the internal condominium driveway. Landscaping would be provided primarily in the front and rear yards of the units, and within the boulevards.

The applicant has applied for Site Plan Control approval for the proposed development, and intends to later seek draft plan of condominium approval.

Community Consultation:

On June 1, 1999, a community meeting was attended by approximately 100 area residents. Concerns that were expressed related to: developments integration within the neighbourhood, access/egress from Tyre Avenue; the need for additional visitor parking; setbacks and buffering from existing residential uses; as well as, lack of amenity space.

Comments:

Official Plan:

The site is designated Low Density Residential in the Official Plan which permits a variety of low rise housing forms, including attached, grade-related dwelling units to maximum density of 35 uph (14 upa) and a building height of 3-storeys. The proposed density and height of the proposal fall within the limits of the Low Density Residential Designation, and as such an amendment to the Plan is not required.

The Official Plan supports intensification as a means of achieving housing targets and recognises the potential of underutilized, residential sites to accommodate redevelopment at higher densities. Based on an assessment of the Plan's criteria, staff are of the opinion that the proposed development would be generally in compliance with the policies of the Official Plan to encourage housing intensification, without significant alteration to the neighbourhood.

The proposal would also provide an acceptable transition in height and form from existing residential development and provide a greater range of housing types in the area. There would be a minimal impact on traffic in the area and hard and soft services can be provided. Commercial shops and community services are located in the vicinity.

Zoning Code:

The site is zoned Second Density Residential (R2) which limits development to single, detached dwellings. In order to recognize the use of the property for townhouses, the site would require rezoning to Fourth Density Residential Group Area (R4G). In the event of approval, the amending by-law would incorporate development standards in the Zoning Code related to maximum number of units, parking, building setbacks, height, floor space index and landscaped open space.

Streetscape Improvements and Neighbourhood Integration:

Area residents and Community Planning staff expressed concern to the applicant respecting the original proposal's isolation and lack of integration to the surrounding neighbouhood. In order to address this concern the applicant has revised their plans to include two single detached dwelling units which will be oriented to maintain the continuity of the Tyre Avenue streetscape (Attachment No. 2). These units would maintain a minimum front yard building setback of 10 m (33 ft) from the street line which would be comparable to building setbacks exhibited by the adjacent dwellings.

The applicant has also proposed a vehicle and pedestrian connection to the public lane to the south of the development (the extension would serve as a secondary means of emergency access). Transportation staff of the Works and Emergency Services Department have advised that the proposed public lane access is not an operational requirement and as such could be limited to pedestrian and emergency vehicles only.

While Community Planning staff recognize that the connection to the public lane is not an operational requirement, introducing the connection would, however, achieve a number of planning objectives. This connection to the public lane would improve the overall integration of the site with it's surrounding neighbourhood, as well as, improve vehicle connections and options for residents of the site. The provision of public access will be secured as a condition of Site Plan Control Approval including any necessary agreements permitting public use of the condominium sidewalk.

Visitor Parking:

As noted previously, the original application did not propose a dedicated visitor parking area. Concerns had been expressed by area residents regarding the need for additional visitor parking as part of the development. In order to address the issue of visitor parking, the applicant has widened the proposed private road to 8.5 m (28 ft) to allow for on-street parking opportunities, including the introduction of seven designated visitor parking spaces located at the north portion of the site towards Tyre Avenue.

Staff note that additional opportunities for use of the existing public parking spaces are available within the lane to the south of the proposal. These spaces can be accessed via the private road connecting to the public lane.

Proposed Building Heights and Setbacks:

The proposed 2½-storey single-detached dwellings and townhouses would be 9.5 m (31.0 ft) in height. This height is compatible with the height of the surrounding dwellings and generally complies with the maximum building height established by the Zoning Code for single, detached dwellings.

With respect to proposed building setbacks and buffering to rear yards of adjacent single, detached dwellings, the applicant has increased the sideyard setback at the westerly end of the site to 2.4 m (8 ft) and re-oriented the eastern townhouse blocks to create a rear yard condition with a minimum setback of 7.5 m (25 ft). This revision, combined with the rearyard setback of the units fronting onto Royalavon Crescent would result in a separation distance between the townhouse units and existing homes of up to 30 m (98 ft).

The eastern most single, detached unit fronting onto Tyre Avenue would have a 2.4 m (8 ft) sideyard. This setback is greater than the 1 m (3 ft) setback that currently exists along that property's flankage. The increased side and rear setback from the property line will provide opportunities for the preservation of existing vegetation, as well as, additional landscaping for buffering purposes. Finalization of the detailed landscape plan will be required as part of Site Plan Control approval.

Landscape Open Space/Parkland Dedication:

The applicant is proposing to devote 46 percent of the site area as landscape open space. This is consistent with the landscape percentages associated the other townhouse developments that have recently been approved by Council. Parks and Recreation Services have reviewed the application and have not expressed concerns with the amount of open space provided.

Parks staff have, however, advised that the proposed condominium development falls under Category III of the Condominium Housing Standards, as set out in the guidelines attached to the Etobicoke Official Plan and would require the provision of a Children's Play Area as part of this development. Due to modest size of the development, the applicant has questioned the feasibility of this requirement and has instead introduced a small landscaped amenity area at the north end of the site on Tyre Avenue adjacent to No. 7 Tyre Avenue. In addition, Parks staff have requested an appropriate contribution towards the upgrade of local park(s) in lieu of on-site amenities to the satisfaction of the Policy and Development division of Economic Development, Culture and Tourism

As the site contains a significant number of mature trees, the applicant has submitted a tree survey which has identified the size, species and health of each tree and indicated which trees are to be preserved, relocated or removed. These plans are currently under review by Forestry and Community Planning staff. Finalization of a tree protection strategy will be required as part of Site Plan Control approval.

The applicant would be required to pay five percent cash-in-lieu of parkland at the time of building permit, as recommended by Parks and Recreation Services.

Disposition of City Owned Lands:

Toronto City Council, at its meeting held on February 2, 3, and 4 1999, adopted Clause No. 7 of Report No. 1 of the Corporate Services Committee to authorize the sale of the surplus municipal property on the north side of the existing municipal lane, immediately adjacent to the applicant's site. The Director of Realty Services has advised that the applicant has signed an agreement to purchase this parcel, conditional upon the approval of the subject application. The applicant has included this parcel in the proposed development, however, a sewer maintenance easement will be required if this application is approved.

Works and Emergency Services staff have requested the retention of the existing public easement and assurances that no permanent structures be permitted within the easements boundaries including the signing of agreements, and the posting of financial guarantees, if required, to the satisfaction of Works and Emergency Services and the City Solicitor.

Agency Comments/Department Circulation:

In response to the circulation of plans submitted in support of this application, no objections have been expressed by Realty Services, Toronto Hydro, and the Building Division.

The Transportation Planning Division of Works and Emergency Services has advised that the modest amount of vehicular traffic that would be generated by the development would not have an impact on the operation or level of service of the abutting street network (Attachment No. 4). The following technical requirements shall also be provided to the satisfaction of the Division:

(i) The seven visitor parking spaces must be individually signed for the exclusive use of visitors;

(ii) The cul-de-sac must be designed in accordance with Etobicoke Engineering Design Drawing No. 248 (2); and

(iii) A designated fire route will be required and designed in accordance with Municipal Code standard 134.

The Technical Services Division of Works and Emergency Services has advised that the developer will be financially responsible for all work proposed within the road allowance and all costs arising from the relocation and removal of existing services and utilities (Attachment No. 5).  The following technical requirements shall also be provided to the satisfaction of the Division:

(i) The developer will be responsible for service connections to existing watermains, sanitary sewers, and storm sewers on Tyre Avenue;

(ii) A 5.0 m setback from the existing storm sewer will be required and shall extend 5.0 m north of the pipe and to the public lane to the south including a reserved easement and assurances that no permanent structures be permitted within the easements boundaries;

(iii) A storm water management report is required for approval;

(iv) The developer will be required to submit a lot grading plan, prior to the issuance of building permit(s);

(v) Proposed internal driveways are to be constructed to Works and Emergency Services standards; and

(vi) The buildings shall be constructed to condominium standards.

The Fire Department has requested minor modifications to the driveway system to accommodate a fire route and will have to review fire hydrant coverage. Canada Post advises that the mail delivery will be provided to the residence.

The Toronto Public School Board has advised that the students anticipated from the proposed development cannot be accommodated at Islington Middle School or Etobicoke Collegiate, and alternative accommodation arrangements will be required (Attachment No. 6). The Toronto Separate School Board has expressed their concern regarding the overcrowding and lack of permanent facilities at Our Lady of Sorrows School (JK-8) and Bishop Allen Academy Catholic Secondary School (9-OAC) (Attachment No. 7).

Conclusions:

The proposal has been evaluated within the context of the Official Plan policies for development within Low Density Residential designations. The proposed density and height of the proposal fall within the limits of the Low Density Residential Designation, and as such, an amendment to the Plan is not required.

The Official Plan supports intensification as a means of achieving housing targets and recognises the potential of underutilized, assembled residential sites to accommodate redevelopment at higher densities. Based on an assessment of the Plan's criteria, staff are of the opinion that the proposed development would be generally in compliance with the policies of the Official Plan to encourage housing intensification, without significant alteration to the neighbourhood.

Revisions to the original proposal improve the proposed development and address the development's connection to the surrounding neighbourhood, increased setbacks, provision of visitor parking and amenity space. The proposal would also provide an acceptable transition in height and form from existing residential development and provide a greater range of housing types in the area. There would be a minimal impact on traffic in the area and hard and soft services can be provided. Commercial shops and community services are located in the vicinity.

Staff recommend that the draft by-law to amend the Zoning Code be introduced to Council.

In the event of approval, the following conditions should apply:

Conditions to Approval:

(1) Prior to the enactment of an amending by-law the applicant shall sign a Development Agreement and/or Servicing Agreement and include payment of the necessary fees associated with the preparation, execution and registration of same, if required by the Works & Emergency Services.

(2) A site specific amending by-law shall rezone the site from Second Density (R2) to Fourth Density Residential Group Area (R4G) zoning and incorporate site-specific provisions for the number of units, minimum landscape open space, floor space index, fencing, building height, setbacks and parking.

(3) Further consideration of the proposal under Site Plan Control to include:

(i) Signing of a Site Control Agreement which may include, among other matters, the securing of financial guarantees and payment of necessary fees associated with the preparation, execution and registration of same, to the satisfaction of the City Solicitor.

(ii) Submission of a landscape plan detailing planting, lighting, curbing, fencing, grading and street trees, and the posting of a financial guarantee to ensure compliance with the approved plans, to the satisfaction of the City Planning Division of Urban Planning and Development Services.

(iii) Submission of a stormwater management report, grading plan and construction management plan and the posting of a financial guarantee to ensure compliance with the approved plans, to the satisfaction of Works and Emergency Services.

(iv) Provision of on-site services, including storage of waste and recyclable materials, the posting of adequate bonding to ensure completion of the grading and services, and compliance with the construction management plan, to the satisfaction of the Technical Services Division of Works and Emergency Services.

(v) Retention of the existing public easement and assurances that no permanent structures be permitted within the easements boundaries including the signing of agreements, and the posting of financial guarantees, if required, to the satisfaction of Works and Emergency Services and City Solicitor.

(vi) Provision for a pedestrian walkway through the site connecting Tyre Avenue to the public lane.

(vii) Payment of cash-in-lieu of parkland and appropriate contribution towards the upgrade of local park(s) in lieu of adequate on-site amenities to the satisfaction of the Policy and Development Division of Economic Development, Culture and Tourism.

(viii) Payment of applicable development charges in effect at the time of the issuance of building permits.

Contact:

Paulo Stellato, MCIP, RPP, Planner, Community Planning, West District

Tel: (416) 394-6004; Fax: (416) 394-6063

Email: apstellato@toronto.ca

Paul J. Bedford

Executive Director and Chief Planner

City Planning

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Dev2\z-2291\staffrep.doc

List of Attachments:

Attachment No. 1 - Key Map

Attachment No. 2 - Site Plan

Attachment No. 3 - Elevations

Attachment No. 4 - Transportation Planning Division, Works & Emergency Services

Attachment No. 5 - Technical Services Division, Works & Emergency Services

Attachment No. 6 - Toronto District School Board

Attachment No. 7 - Toronto Catholic District School Board