STAFF REPORT

December 20, 1999

To: North York Community Council

From: Rob Dolan, Director, Community Planning, North District

Subject: FINAL REPORT

76, 78, 80 & 84 Ellerslie Avenue

UDOP-99-35

Ward 10 - North York Centre

Purpose:

The applicant is requesting an amendment to the D.3 Uptown Plan to exempt the lands at 76 to 84 Ellerslie Avenue from the building height and setback policies relating to the Relevant Residential Property Line, in accordance with a recently issued OMB Decision.

Financial Implications and Impact Statement:

All costs associated with the processing of this application are included within the 1999/2000 Operating Budget and are primarily those related to the Ontario Municipal Board hearing.

Recommendations:

It is recommended that:

(1) the OMB be advised that City Council has no objection to this Official Plan Amendment application (UDOP-99-35), which has been filed in accordance with the OMB's Interim Decision dated November 4, 1999.

Background:

History:

In September 1999, an Ontario Municipal Board hearing was held on appeals related to the following:

(i) Part D 2.17 of OPA 381 (which later became Part C 9.140 of the North York Official Plan), which set out a site specific policy for the lands at 88 to 102 Ellerslie Avenue;

(ii) OPA 467 which repealed this site specific policy;

(iii) A rezoning application for the lands at 76 to 102 Ellerslie Avenue; and

(iv) A site plan approval application for the lands at 76 to 102 Ellerslie Avenue.

In an interim decision dated November 4, 1999, the Ontario Municipal Board found that

(i) The proposal for 49 townhouses and 16 second units is an appropriate form of housing for this development and has planning merit.

(ii) Nos. 76 and 78 Ellerslie Avenue are to be excluded from the zoning by-law for the site.

(iii) The development can be accommodated without any new functional sections of service road.

(iv) Access to the Downtown Service Road through Ellerslie Avenue will be permitted on a temporary basis only.

(v) A minimum setback of 9.5 metres from the north property line of the site is appropriate.

(vi) The appellant's proposed modification to the C9.140 policy eliminating the Relevant Residential Property Line policies on the east portion of the site conflicts with the policies of the D.3 Uptown Plan and therefore does not conform to the Official Plan.

The Board determined that the location of the Relevant Residential Property Line (RRPL) running through the site should be relocated to the east side of the site to accommodate the proposal. The Board adjourned the matter for 60 days to enable the proponent to make an application to the City to amend the provisions of the D.3 Uptown Plan for the purpose of relocating a portion of the RRPL as it relates to this site. The Board indicated that should the new application be appealed to the Board, the appeal will be consolidated with the other matters and the Board will schedule the hearing to continue. A copy of the OMB's interim decision is attached as Appendix 1.

Proposal:

The applicant has submitted an application to amend the Official Plan to set out a site specific policy for the lands at 76, 78, 80 and 84 Ellerslie Avenue to exempt them from the provisions of Sections 4.5.2 and 4.5.4 of the D.3 Uptown Plan which pertain to height and setbacks in relation to the Relevant Residential Property Line as shown on Map D.3.2 of the D.3 Uptown Plan (see Appendix 2).

Official Plan:

The lands subject to this application (Nos. 76, 78, 80 and 84 Ellerslie Avenue) are located within the D.3 Uptown Plan area of the North York Centre. These lands are designated Uptown Residential 2 (see Schedule "A") which permits residential development with a maximum density of 1.5 FSI and a maximum height of 3 storeys or 11 metres.

These lands also form the east part of the redevelopment site proposed for townhouses. The west portion of the site, comprised of No. 88, 90, 96, 100 and 102 Ellerslie Avenue, is part of a stable residential area lying outside of the Uptown. This west portion is designated Residential Density 1 which permits single detached and semi-detached dwellings. The lands in the west portion are also subject to a site specific policy (C9.140) which permits the lands at Nos. 88 to 102 Ellerslie Avenue to be redeveloped for residential uses to a maximum density of 1.0 FSI and a maximum height of 3 storeys or 11 metres, subject to vehicular access from the Uptown Service Road and not from Ellerslie Avenue.

Map D.3.2 of the D.3 Uptown Plan (see Schedule "C") establishes a Relevant Residential Property Line which generally follows the property lines of the nearest detached or semi-detached dwellings outside of the D.3 Uptown Plan area in the stable residential area which existed on November 17, 1986. A portion of the RRPL runs in a north-south direction along the east property line of No. 88 Ellerslie Avenue and coincides with the boundary line that divides the Uptown area from the stable residential area in the Official Plan.

The RRPL is intended to be a demarcating line separating and buffering the stable residential areas from the Uptown redevelopment area. Section 4.5.4 of the D.3 Uptown Plan requires a minimum 9.5 metre setback between development within the Uptown and the RRPL. In addition, Section 4.5.2 of the D.3 Uptown Plan sets out a height formula which is based on a percentage of the horizontal distance from the RRPL.

Zoning:

The lands subject to this application are zoned R4 (One Family Detached Dwelling Fourth Density Zone) which permits single detached dwellings as shown on Schedule "B".

Comments:

Relevant Residential Property Line (RRPL):

At the OMB hearing held in September 1999, the applicant sought a modification to the C9.140 policy in order to exempt the east portion lands from compliance with the provisions of the D.3 Uptown Plan relating to the RRPL. The D.3 Uptown Plan is in full force and effect. In its Interim Decision, the OMB indicated that "the proponent is asking the Board to indirectly amend provisions in the Uptown Plan by way of a proposed modification to the C9.140 policy." The C9.140 policy is only applicable to the west portion of the site. The Board indicated that "in order to properly achieve the final planning policy sought by the proponent, as needed for this development, an amendment to the Uptown Plan relocating the RRPL to the east side of the East Portion of the development site is required".

Moving the RRPL to the east as indicated by the OMB would have two implications:

1. Impact planning regulations on adjacent lands

It would affect the property rights of landowners in the Uptown located to the east of this site by reducing the maximum height permitted for some of those lands. The D.3 Uptown Plan regulates height as a percentage of the horizontal distance from the RRPL. Currently, on the lands east of this site, the D.3 Uptown Plan permits a maximum height of 50% of the horizontal distance from the RRPL for lands in the Buffer Area, and 70% of the horizontal distance from the RRPL to a maximum of 87 metres for the other lands. By shifting the RRPL to the east, the distance from the RRPL for some of the lands east of the Service Road would be reduced, thereby reducing the height limit permitted by the Plan.

2. Misrepresenting the purpose of the RRPL

The RRPL represents the property line of the first house outside of the Uptown. Moving the RRPL to the east portion of the site would put the RRPL within the D.3 Uptown Plan area. This conflicts with the D.3 Uptown Plan policy 1.4.1 that the RRPL is to represent the closest property line of low density residential uses outside the boundaries of the Uptown. The RRPL is intended to serve as a demarcating line separating and buffering the residential uses in the stable residential area from the higher density development in the D.3 Uptown Plan area.

Applicant's Proposed Site Specific Policy:

The applicant has submitted an Official Plan amendment (see Appendix 2) that would not relocate the RRPL. Instead, they are proposing a site specific policy that would exempt the lands at Nos. 76 to 84 Ellerslie Avenue from the requirements of the D.3 Uptown Plan that regulate height and setbacks in relation to the Relevant Residential Property Line. The proposed policy would set out a minimum northerly setback of 9.5 metres from No. 1 Basswood Road.

This proposed Official Plan amendment implements the OMB's Interim Decision without making a change to the RRPL. On the basis of the OMB's Interim Decision, which finds that the proposed townhouse development is appropriate and that a minimum 9.5 metre setback should be provided from the lands to the north, staff do not oppose the proposed Official Plan amendment.

Community Consultation:

On December 22, 1999, the Department gave notice of a Community Council Public Meeting to review this application (see Appendix 3). The public meeting will give residents in the area an opportunity to express their views on this application prior to the OMB resumption of the hearing.

Conclusions:

The applicant is proposing a site specific Official Plan amendment to exempt Nos. 76 to 84 Ellerslie Avenue from the building height and setback policies of the D.3 Uptown Plan relating to the Relevant Residential Property Line, in accordance with a recently issued OMB Interim Decision. The Ontario Municipal Board should be advised that City Council does not object to the applicant's Official Plan amendment, based on the OMB's Interim Decision dated November 4, 1999, which finds that the proposed townhouse development is appropriate.

Contact:

Nimrod Salamon, Senior Planner

North York Civic Centre

Telephone: (416) 395-7134

Fax: (416) 395-7155

Rob Dolan

Director

Community Planning, North District

List of Attachments:

Appendices:

1. Ontario Municipal Board Decision dated November 4, 1999

2. Draft Official Plan Amendment

3. Notice of Public Meeting

Schedules:

A. Official Plan Map

B. Zoning Map

C. Map D.3.2 Uptown Buffer Area and Relevant Residential Property Lines

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