City of Toronto, City Council Legislative Documents

(1) that the R4 zoning on the site be amended to a RM6 exception zone to permit a "retirement home" with an ancillary ground floor tuck shop use, with the following exceptions:

(a) "Retirement home" shall be defined as a multiple family dwelling containing dwelling rooms with a common lounge, kitchen, dining area and library. The common areas shall be available to all residents of the retirement home on a daily basis and shall not function as facilities available to the general public. The dwelling rooms shall be used as the principal residence of the occupants and shall not be provided on a transient basis.

Retirement home shall exclude a boarding or lodging house, and a hotel.

(b) "dwelling room" shall be defined as a room designed or intended for use by an individual or individuals, with a private entrance from a common hallway or stairway inside the retirement home, and which shall include separate sanitary conveniences, but neither culinary conveniences nor a full kitchen;

(d) the maximum gross floor area of the building shall be 1,310 m², of which a minimum of 25 m² shall be used for a ground floor tuck shop for the exclusive use of residents, and of which a minimum of 130 m² shall be used, in aggregate, for the common lounge, kitchen, dining area and library;

(e) the minimum lot area shall be 875 m²;

(f) the maximum lot coverage shall be 52%;

(g) the minimum lot frontage shall be 21.0 meters;

(h) the maximum building height shall be 9.5 metres, and, further, shall not exceed the measurement equal to the horizontal separating distance separating the building from the nearest property line that coincides with the boundaries of the Sheppard West/Dublin Secondary Plan area;

(i) for purposes of this by-law, the boundaries of the Sheppard West/Dublin Secondary Plan area shall be as depicted on Schedule B attached;

(j) notwithstanding Section 6A(2) of the Zoning By-law, a maximum of 7 parking spaces shall be provided on the lands;

(k) yard setbacks:

(i) the minimum front yard setback shall be 21.0 metres from the centre line of Sheppard Avenue West;

(ii) the minimum east side yard setback shall be 6.2 metres at the ground floor, and a minimum of 5.6 metres at upper floors commencing at least 4.2 metres above grade;

(iii) the minimum west side yard setback shall be 1.2 metres; and

(iii) the minimum rear yard setback shall be 4.7 metres;

(d) the provisions of By-law Section 15.8(a) regarding landscaping shall not apply; and

(e) the provisions of this exception shall apply collectively to these lands, notwithstanding their future severance, partition or division for any purpose; and

(6) that, prior to the introduction of the Bill in Council, the applicant shall have:

(i) obtained Site Plan Approval for this project at 718 Sheppard Avenue West from the Director, Community Planning, North District, with particular attention given to the comments of Civic Officials set out in Schedules F through Q of this report;

(ii) executed a Tree Preservation Agreement as described in Schedule P of this report; and

(iii) conveyed to the City, at nominal cost, a 2.76 metre wide conveyance across the entire Sheppard Avenue West frontage of this property, as further described in Schedule H of this report.

Background:

PROPOSAL:

Proposed is a 3 storey, retirement home containing 30 dwelling rooms with shared lounge, kitchen, dining room, and library areas, and a small tuck shop for use by the residents. The site, which is currently vacant, is located on the north side of Sheppard Avenue West between Maxwell and Bryant Streets, 5 blocks east of the Downsview subway station. A church and its parking lot abut the site to the west and north; a single family detached dwelling abuts the site to the east. Beyond the church parking area to the north of the site are single family detached dwellings on Maxwell Street and Cocksfield Avenue.

SITE STATISTICS

LOT AREA	873.3 m²
LOT COVERAGE	52%
LOT FRONTAGE	21.6 m

GROSS FLOOR AREA	Residential	1,280 m²
	Commercial	30 m²
	Total	1,310 m²

FSI	1.5
No. of DWELLING ROOMS	30
No. of PARKING SPACES	7
BUILDING HEIGHT	9.5 m

YARD SETBACKS	Front (measured from the centre line of Sheppard Ave. West)	21.0 m
	Rear	4.7 m
	West side yard	1.2 m
	East side yard	6.2 m /5.6m

OFFICIAL PLAN:

The site is designated Mixed Commercial Residential (MCR) within the Sheppard West/Dublin Secondary Plan, which permits single, detached and multiple-unit residential uses, retail and service commercial uses, offices, educational and religious institutional uses, parks and recreational facilities, and public utilities (refer to Schedule "A" for the Secondary Plan map). The Secondary Plan provides for redevelopment, intensification and the mixing of uses along the Sheppard West arterial. The proposed use is permitted by the Secondary Plan.

For residential development with a ground floor commercial use, a maximum density of 1.5 FSI is permitted by the MCR designation for lots with a frontage of less than 30 metres. In this case, a small tuck shop for exclusive use by the retirement home residents serves as the ground floor commercial use. The proposed 1.5 FSI conforms with the Secondary Plan.

The proposed development conforms to the 9.5 metre setback requirement set out in Section 2.3.0 of the Secondary Plan, the function of which is to provide adequate separation from the stable residential area. The site itself contributes 4.7 metres towards the 9.5 metre setback, while 4.8 metres are provided by a north-abutting parking strip owned by the neighbouring church. The church's 4.8 metre deep strip of land is located between the retirement proposal and the existing single family dwellings fronting onto Cocksfield Avenue, making it unsuitable for redevelopment. Therefore the requirement for a 9.5 metre separation distance is met, partially one the retirement home lands and partially on the church lands.

Under the Secondary Plan, the maximum permitted height is 5 storeys, which is further limited by the horizontal separating distance separating the building from the nearest property line that coincides with the boundaries of the Secondary Plan area. The proposed retirement home, at 3 storeys (9.5 metres) in height, conforms to the Secondary Plan requirements.

In summary, the proposal conforms to the Secondary Plan in terms of use, density, setbacks and height.

ZONING:

The site is currently zoned R4 (one-family detached dwelling fourth density zone), which permits single detached dwellings. The zoning designation is shown on Schedule "B" of this report.

A rezoning is required to permit the proposed retirement home. The proposed new zoning designation is RM6, which regulates maximum gross floor area, maximum lot coverage, minimum lot frontage, maximum building height, minimum yard setbacks and minimum depth of landscape strips. The minor zoning exceptions to these standards proposed in this application are acceptable and are reflected in the recommended zoning by-law amendments.

COMMUNITY CONSULTATION:

The proposal was presented to the community at a meeting held on June 16^th , 1999 in the William Lyon Mackenzie Collegiate Institute. Councillors Feldman and Moscoe and their staff were in attendance, in addition to the applicant and Urban Planning and Development staff. Five members of the public attended, and they raised concerns that:

- the proposed on-site parking capacity would not be adequate, and would result in on-street parking on Maxwell Avenue;

- garbage pickup on the site would not be feasible, and garbage would not be properly contained;

- the cantilevering of the second and third floor over 2 outdoor parking spaces at the rear of the site was not desirable and should be refined;

- there should be a roof garden on the building for residents' use;

- that the site plan application and rezoning for this site should be processed simultaneously.

The resolution of community concerns is discussed below.

COMMENTS OF OTHER CIVIC OFFICIALS:

Works and Emergency Services advises that the applicant will be required to convey to the City, at nominal cost, a 2.76 metre wide conveyance across the entire Sheppard Avenue West frontage of this property in order to satisfy the requirements of a 36 metre right-of-way on Sheppard. Deeds for the lands, in a satisfactory form, shall be deposited with the City Solicitor upon the execution of a site plan agreement, and shall be registered by the City prior to the introduction of the Bill in Council.

Economic Development, Culture and Tourism advises that the applicant will be required to execute a Tree Preservation Agreement prior to the introduction of the Bill in Council.

Comments:

PLANNING CONSIDERATIONS:

1. Urban Design and massing

In accordance with the Urban Design objectives set out in Section 3.4.0. of the Secondary Plan:

- the proposed retirement home is located close to the street and sidewalk, and contributes to an emerging pedestrian environment along Sheppard Avenue West; and

- public sidewalks will be enhanced with decorative paving and the provision of street trees.

The cantilevering of the second and third floor over parking spaces at the rear of the site has been reduced substantially although not completely eliminated. In order to eliminate the cantilever, the applicant would have had to reduce the depth of the building and add a 4^th storey so that all 30 dwelling rooms could be accommodated. Although a 4^th storey would have been permitted by the Secondary Plan, abutting neighbours and the applicant did not wish the development to exceed 3 storeys in height.

2. Proposed use

Census Canada data collected in 1996 indicates that the neighbourhood abutting the north side of Sheppard Avenue West between Bathurst Street and the Allen Road has one of the highest concentrations of senior citizens in the City of Toronto. Therefore, at 718 Sheppard Avenue West, a proposal for housing aimed specifically at seniors is particularly appropriate.

The "retirement home" proposal is essentially a form of co-housing, a relatively new housing type in Canada which is well-established and well-regarded in Northern Europe and Scandinavia. Co-housing is organized around shared facilities, such as kitchens, dining rooms and lounge areas, so that these areas need not be duplicated for each inhabitant. In sharing these facilities, a positive social environment can be developed.

The proposed use is not comparable to a seniors' apartment building, which has completely self-contained residential units, whereas this building has shared kitchen, dining and lounge facilities. The proposed use also differs from a nursing home, which would have a nursing and personal care staff on the premises; a retirement home of this type will have one full-time staff person on the premises, who will perform housekeeping duties, cook and manage the office.

While the proposed "retirement home" use is not a defined term in the North York Zoning By-law, certain site-specific precedents are useful in providing guidance on defining the proposed use on this site. This proposal is similar to a "retirement home" whose zoning was approved at Yonge Street and Horsham Avenue in 1993 (Ullscrest Construction), although that zoning was not pursued at the time of construction.

3. Parking

To address the matter of parking supply, the applicant submitted a Parking Demand Study based on surveys of other similar developments in Toronto. This study concluded that the proposed on-site parking supply of 7 spaces, or 1 space for every 5 beds, would be adequate to accommodate the demands of the retirement home. Works and Emergency Services concurs with the observations and findings of the study.

4. Site servicing

The proposal has been refined to provide sufficient turning room for garbage trucks, but 4.2 metres of clearance will need to be provided all along the truck's path. This will be secured as part of the Site Plan approvals.

Garbage bins will be stored within the building. This will be secured in the Site Plan Agreement.

5. Landscaping

At the public meeting, an area resident suggested that the project should have a roof garden. Planning staff and the applicant explored this idea at length. Given the age of prospective clients of the retirement home, the clients would probably prefer a grade-related patio near the front entrance, with a direct view of pedestrian and car activity on Sheppard Avenue West.

The applicant has submitted an acceptable landscape plan for the project which shows:

- a new Sheppard Avenue streetscape across the frontage, with a new 1.5 metre pedestrian sidewalk, decorative strip and two new street trees;

- details of the front patio facing Sheppard, including a decorative fence, privacy and security arrangements for the patio, paving details, planting and pedestrian access; and

- a 1.8 metre high privacy fence at the rear and sides of the site, not projecting beyond the front face of the building.

6. Parks levy

The development will be subject to a 5% cash-in-lieu of parkland dedication payment, pursuant to By-law 30152 of the former City of North York, to implement Section 42 of the Planning Act. The cash-in-lieu payment will be payable prior to building permit issuance.

7. Processing of Site Plan Application

Expectation of a Site Plan Agreement with the applicant respecting 718 Sheppard Avenue West can occur once the North York Community Council adopts this report.

It is recommended that the zoning Bills be introduced in Council only after the applicant has entered into the Site Plan Agreement.

Conclusions:

The proposed development conforms with the Sheppard West/Dublin Secondary Plan. Approval of the rezoning application is therefore recommended.

Contact:

Anne Milchberg, Senior Planner

North York Civic Centre

Telephone: (416) 395-7129

Fax: (416) 395-7155

E-mail: amilchbe@toronto.ca

Rob Dolan

Director, Community Planning, North District

List of Attachments:

A Current Official Plan Map

B Extent of Sheppard West/Dublin Secondary Plan

C Current Zoning Map

D Proposed site plan

E Proposed elevations

F-Q Comments of Civic Officials

DRAFT ZONING BY-LAW AMENDMENT

Authority: Report No. ____, Clause No.____, as enacted by Council on _________ (date)

Enacted by Council:

CITY OF TORONTO

By-law No. _____

To amend City of North York By-law No. 7625

in respect of lands municipally known as

718 Sheppard Avenue West

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 (former City of North York) 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. Schedules B and C of By-law 7625 of the former City of North York are amended in accordance with Schedule "1" of this By-law.

2. Section 64.20-A of By-law 7625 of the former City of North York is amended by adding the following subsection:

"64.20-A RM6(___)

DEFINITIONS

Retirement home shall exclude a boarding or lodging house, and a hotel;

PERMITTED USES

EXCEPTION REGULATIONS

(d) the maximum number of dwelling rooms in the retirement home shall be 30;

(e) the maximum gross floor area of the building shall be 1,310 m², of which a minimum of 25 m² shall be used for a ground floor tuck shop for the exclusive use of residents, and of which a minimum of 130 m2 shall be used, in aggregate, for the common lounge, kitchen, dining area and library;

(f) the maximum lot area shall be 875 m²;

(g) the maximum lot coverage shall be 52%;

(h) the minimum lot frontage shall be 21.0 meters;

(i) the maximum building height shall be 9.5 metres, and, further, shall not exceed the measurement equal to the horizontal separating distance separating the building from the nearest property line that coincides with the boundaries of the Sheppard West/Dublin Secondary Plan area;

(j) for purposes of this by-law, the boundaries of the Sheppard West/Dublin Secondary Plan area are as depicted in the attached Schedule B;

(k) notwithstanding Section 6A(2) of the Zoning By-law, only 7 parking spaces need be provided on the lands;

(l) yard setbacks:

(i) the minimum front yard setback shall be 21.0 metres from the centre line of Sheppard Avenue West;

(ii) the minimum east side yard setback shall be 6.2 metres at the ground floor, and a minimum of 5.6 metres at upper floors commencing at a height of at least 4.2 metres above grade;

(iii) the minimum west side yard setback shall be 1.2 metres; and

(iii) the minimum rear yard setback shall be 4.7 metres; and

(m) the provisions of By-law Section 15.8(a) regarding landscaping shall not apply; and

(d) the provisions of this exception shall apply collectively to these lands, notwithstanding their future severance, partition or division for any purpose.

ENACTED AND PASSED this ________ day of ____________, A.D. 2000

Mayor City Clerk

(Corporate Seal)

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