STAFF REPORT

December 20, 1999

To: North York Community Council

From: Rob Dolan

Director, Community Planning, North District

Subject: FINAL REPORT

Application for Zoning By-law Amendment

Del Real Estate Consultants

12 McKee, 33 Doris and 21 Church Avenue

Ward 10 - North York Centre

Purpose:

This report recommends approval of a rezoning application to permit the construction of a 17 storey seniors' condominium apartment building at the north-west corner of McKee and Doris Avenues.

Financial Implications and Impact Statement:

All of the costs associated with the processing of this application are included within the 1999 and 2000 operating budgets.

Recommendations:

It is recommended that the application be approved, subject to the following:

(1) that the R4 zoning on the site be amended to a RM6 exception zone to permit an apartment house dwelling, with the following exceptions:

LOT AREA

(a) the minimum lot area shall be 2,606 m² (which is equivalent to the gross site less those lands conveyed to the City of Toronto for the Uptown Service Road);

LOT COVERAGE

(b) the maximum lot coverage shall be 40%;

LOT FRONTAGE

(c) the minimum lot frontage shall be 65.0 metres;

YARD SETBACKS

(d) the minimum yard setbacks shall be as follows:

(i) front yard (facing McKee Avenue): 3.5 metres;

(ii) east side yard (facing Doris Avenue): 1.0 metres (measured from the new property line after conveyance of land to the City of Toronto for the Uptown Service Road);

(iii) west side yard: 14.5 metres (but excluding canopy at grade which may project into area of setback) ; and

(iv) rear yard: 6.0 meters.

GROSS FLOOR AREA

(e) the maximum gross floor area shall be 15,422 m²;

(f) "gross floor area" shall be defined as the aggregate of the areas of each floor, measured between the exterior faces of the exterior walls of the building or structure at the level of each floor, including any areas used as balconies, but excluding:

(i) any part of the building used for mechanical purposes;

(ii) the floor area of unenclosed residential balconies;

(iii) the gross floor area of density incentives as set out in Schedule B attached;

BUILDING HEIGHT

(d) the maximum building height shall be 48.8 m;

PARKING AND LOADING

(h) parking spaces are provided and maintained on the lands in accordance with the following requirements:

(i) a minimum of 1.0 space provided per dwelling unit; and

(ii) a maximum of 1.4 spaces provided per dwelling unit;

of which 10% at minimum must be designated for visitor use; and

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

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

(a) obtained Site Plan Approval from the Director, Community Planning, North District, with particular attention given to the comments of Civic Officials set out in Schedules G - O of this report; and

(b) executed a Tree Preservation Agreement as described in Schedule H of this report.

(3) that, prior to the issuance of any building permit for this project, the applicant shall have:

(a) conveyed or caused to be conveyed to the City, for a nominal sum, free of all encumbrances:

(i) all lands necessary for the east side Uptown Service Road (Doris Avenue Extension), as further described in Schedule G of this report; and

(ii) the 158 m² parkette at the north east corner of the site as identified in Schedule H of this report; and

(b) provided the City with comprehensive as-built measured drawings and photographs of the Cummer House for corporate memory and archival purposes, to the satisfaction of Heritage Toronto; and

(c) carried out an archaelogical investigation on the site, to the satisfaction of Heritage Toronto.

Background:

PROPOSAL:

The proposed development is located at the north-west corner of McKee and Doris Avenues, just east of Yonge Street and five blocks south of Finch Avenue. The former Cummer house, a listed heritage property, currently occupies the site. A north-south City lane separates the site from neighbouring properties that front on Yonge Street. Single family detached houses are on the property to the north, fronting Church Street.

Following are some key statistics for the proposal. A more detailed data sheet is included as an appendix to this report.

The condominium project is intended to serve seniors, and will include communal facilities such as a dining room and social/recreational rooms on the ground and second floors.

The proposal includes a vehicular drop-off area on the west side of the building, accessed from McKee Avenue. Service vehicles also enter on McKee, and exit onto Doris Avenue.

The applicant has also submitted a concurrent application for Site Plan Approval.

OFFICIAL PLAN:

The site is subject to Official Plan Amendment No. 447, the North York Centre Secondary Plan, and is located in the "Uptown" area described in the Plan. The site's designation is "Uptown Residential - One" (UR-1), which permits:

- commercial uses, limited to 20% of GFA; institutional uses, provided they are not predominantly office uses); public parks; recreational uses; and residential uses;

- a maximum Floor Space Index (FSI) of 3.75; and

- a maximum height of 70% of the horizontal distance from the nearest relevant residential property line (resulting in a height limit of 52.5 m on the eastern edge of the development site).

With a proposed FSI of 3.75, a proposed height of 48.8 metres, and a solely residential use, the proposal complies with these aspects of the Secondary Plan.

ZONING:

The entire site is currently zoned R4 (One-Family Detached Dwelling Fourth Density Zone) which generally permits single family detached dwellings. This application seeks to rezone the entire site to RM-6 (Multiple-Family Dwellings Sixth Density Zone), with exceptions for lot area, lot coverage, lot frontage, yard setbacks, gross floor area, building height , and parking.

COMMUNITY CONSULTATION:

The proposal was presented to the community at a meeting held on November 3, 1999. Councillor Filion and Councillor Gardner's staff were in attendance in addition to the applicant and Planning staff. Approximately 17 members of the public attended. The following concerns and comments were raised:

- that the proposed massing would not effectively mitigate against wind impacts, and that, to solve this problem, there should be a podium element extending beyond the tower to deflect winds;

- that the pavement areas on the site (ingress and egress routes) should be diminished wherever possible, and more trees planted;

- that existing trees on the site should be preserved;

- that the applicant's proposal to give the City a small strip of land fronting Doris Avenue, without its density, was not sufficient to fulfill the requirements of the Parks Levy By-law;

- that there should be a suitable heritage commemoration of the Cummer Estate on the development site;

- that the timing of Uptown Service Road was unclear;

- that the number of parking spaces for residents, visitors and staff might not be adequate;

- that, given the proximity of the site to the subway, the number of parking spaces would not be a problem;

- that the traffic volume from this development would aggravate the existing neighbourhood traffic congestion; and

- that, to better manage traffic in the area, McKee Avenue east of Doris Avenue should be blocked off from Doris.

These concerns were further discussed at a meeting held on December 13^th by Councillor Filion's office, with representatives of ratepayer groups.

The resolution of community concerns is discussed below.

Discussion:

1. Massing

Community members were concerned that the building massing shown at the Community Consultation meeting would not effectively mitigate against wind impacts, and that, to solve this problem, there should be a podium element extending beyond the tower to deflect winds.

In response, the applicant revised the building massing to add a 1.5 metre deep unenclosed porch around the base of the building. Based on this revision, the applicant's wind consultant, RWDI, has provided a letter of certification that the microclimatic effects of the proposal, including not only wind, but also snow drifting and sun/shadow conditions, are acceptable for the intended use of the building and its grounds.

2. Parking

Some community members were concerned that the number of parking spaces on site for residents, visitors and staff may not be adequate.

The proposal now consists of 155 residential units with 171 parking spaces below grade. The proposed allocation is one parking space per residential unit, with the balance (16 spaces) alloted to visitors.

The North York Centre Secondary Plan requires, for apartment buildings, a minimum of 1.0 to a maximum of 1.4 spaces per dwelling unit, with a minimum of 10% designated for visitor use. These requirements will be met for this project and will be secured in the by-law amendments recommended for this site.

The proposed 1.1 spaces per dwelling unit complies with the Secondary Plan requirements. However, one additional visitor parking space must be added to the 16 visitor parking spaces proposed.

Any additional visitors could be accommodated with metered parking on McKee Avenue, which Works and Emergency Services agrees is feasible.

3. Traffic

Notwithstanding community concerns that the traffic volume from this development would aggravate the existing neighbourhood traffic congestion, Works and Emergency Services advises that due to the characteristics of its prospective residents and its modest size, the development would add a negligible amount of traffic to Yonge Street, McKee Avenue, Doris Avenue and Norton Avenue.

The Traffic Impact Study submitted meets the requirements for traffic certification as set out in the North York Centre Secondary Plan.

4. Uptown service road

Part of the site is located in the Uptown Service Road. The applicant will be required to dedicate to the City the necessary lands for achieving the Service Road in this area.

The total site area upon which the project density is based is 4,115 m². The applicant has proposed to convey to the City, for nominal payment, 1,509 m² of land on the eastern portion of the site so that the City can realize its plans to realign Doris Avenue as part of the Uptown Service Road network. Density from these lands will be consolidated on the remaining 2,606 m² development site.

Not all of the lands required for completion of the Uptown Service Road on the east side of Yonge Street have been acquired. Should the acquisition program be completed by the year 2000, the Service Road could be constructed and completed by 2001.

In order to mitigate impacts of construction and development related traffic, the City will investigate measures to eliminate traffic infiltration into the stable residential area east of Doris Avenue, including the possibility of closing McKee Avenue east of Doris.

5. Landscaping

The proposal has been amended so that pavement areas on the site (ingress and egress routes, curb cuts and drop-offs) have been substantially diminished, with the result that there are green areas with trees facing both McKee and Doris Avenues. The depth of soil above the below-grade parking garage structure is proposed to be 0.9 metres, which would allow for substantial new planting around the building.

On December 17^th, the applicant submitted an arborists' report that deals with tree preservation. Parks staff in Economic Development, Culture and Tourism (EDCT/Parks) are now reviewing this report, and prior to by-law enactment, the applicant will be required to execute a Tree Preservation Agreement.

6. Fulfilment of Parks Levy requirement (pursuant to Section 42 of the Planning Act)

The applicant proposes to convey to the City, at nominal cost, a 158 m² parkette at the north-east corner of the site, approximately 6% of the net site area. EDCT/Parks is recommending that the City accept these lands, free of encumbrances or encroachments.

The proposed development utilizes the density from the 158 m² open space, while the Secondary Plan requires that the density attributable to the land dedication be conveyed to the City along with the land. Consequently, EDCT/Parks is recommending that the the applicant be required to purchase the density attributable to the parkland, and that those monies be put towards the development of the proposed park, with any residual funds directed towards other parks objectives within the East Willowdale community at the discretion of the local councillors. EDCT/Parks' recommendations are set out in Schedule H.

Area residents have asked that, when the property north of the site at 17 Church Avenue is redeveloped, the City should seek parkland from that site to add to the 158m² parkette that is being secured from this proposal.

7. Heritage considerations

The land assembly for this application includes a property at 20 McKee Avenue, known as the Joshua Cummer House (circa 1830), which is listed on the City of Toronto's Inventory of Heritage Properties (North York). The proposed development and realignment of Doris Avenue would require the demolition of the house.

Staff of the Heritage Preservation Section, Culture Division, North York note that the Joshua Cummer House carries significant historical associations for the local community, but its architectural significance has been greatly diminished by the number of changes and alterations that it has experienced. Accordingly, in August, 1999, the North York Heritage Committee/Local Architectural Conservation Advisory Committee (LACAC) determined, that, given the extent to which the Joshua Cummer house has been radically altered, its demolition be allowed to proceed. LACAC further determined that:

- the developer should provide the City with comprehensive as-built measured drawings and photographs of the Joshua Cummer House for corporate memory and archival purposes;

- an archaelogical investigation be carried out on the site;

- the developer should be required to provide an historical plaque on a green space on this site commemorating the Cummer family and this house; and

- the development and remnant green space on Doris Avenue should be named in honour of the Cummer family, and that the developer be requested to furnish public art on the site to commemorate the Cummer house and family.

These matters will be secured as part of the Site Plan approval.

8. Processing of Site Plan Application

The Site Plan Application has been reviewed by staff and will be approved following North York Community Council's adoption of this report. The zoning bills will be introduced in Council only after the applicant has entered into a Site Plan Agreement for this site. Draft directions for the Site Plan Agreement are appended as Schedule Q.

Conclusions:

This application conforms with the density limits and permitted uses set out in the Official Plan. Issues relating to heritage, parks dedication, the Uptown Service Road, parking supply, microclimatic impact and certification, and landscaping have been resolved. Approval of the rezoning application is therefore recommended.

Contact Name:

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 Data Sheet

B List of Density Incentives which shall be excluded from gross floor area

C Official Plan Map

D Current Zoning Map

E Proposed site plan

F1,2,3 Proposed levations

G - O Comments of Civic Officials

P Letter from Hearthstone Partnership

Q Draft Directions for Site Plan Agreement

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

12 McKee Avenue, 33 Doris Avenue and 21 Church Avenue

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 _____ of By-law 7625 of the former City of North York is amended by adding the following subsection:

"64.20-A(___)

RM6(___)

PERMITTED USES

(a) the only permitted use shall be an apartment house dwelling;

EXCEPTION REGULATIONS

GROSS FLOOR AREA

(b) the maximum gross floor area shall be 15,422 m²;

(c) "gross floor area" shall be defined as the aggregate of the areas of each floor, measured between the exterior faces of the exterior walls of the building or structure at the level of each floor, including any areas used as balconies, but excluding:

(i) any part of the building used for mechanical purposes;

(ii) the floor area of unenclosed residential balconies; and

(iii) the gross floor area of density incentives as set out in Schedule B attached;

LOT AREA

(d) the minimum lot area shall be 2,606 m² (which is equivalent to the gross site less those lands conveyed to the City of Toronto for the Uptown Service Road);

LOT COVERAGE

(e) the maximum lot coverage shall be 40%;

LOT FRONTAGE

(f) the minimum lot frontage shall be 65.0 metres;

YARD SETBACKS

(g) the minimum yard setbacks shall be as follows:

(i) front yard (facing McKee Avenue): 3.5 metres;

(ii) east side yard (facing Doris Avenue): 1.0 metres (measured from the new property line after conveyance of land to the City of Toronto for the Uptown Service Road);

(iii) west side yard: 14.5 metres (but excluding canopy at grade which may project into area of setback) ; and

(iv) rear yard: 6.0 meters;

BUILDING HEIGHT

(h) the maximum building height shall be 48.8 m;

PARKING

(i) parking spaces are provided and maintained on the lands in accordance with the following requirements:

(i) a minimum of 1.0 space provided per dwelling unit; and

(ii) a maximum of 1.4 spaces provided per dwelling unit;

of which 10% at minimum shall be designated for visitor use; and

(j) the provisions of this exception shall apply collectively to the 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)

Schedule "A"

Data Sheet

Schedule "B"

List of Density Incentives for exclusion from Gross Floor Area