February 1, 2000

To: North York Community Council

From: Rob Dolan

Director, Community Planning, North District

Subject: Further Report

Application for Zoning By-law Amendment

Brown, Dryer, Karol on behalf of Judy Cohen in Trust

718 Sheppard Avenue West

WARD 8 - North York Spadina

UDZ-99-09 and UDSP-99-028

Purpose:

This report provides revised recommendations, highlighted in bold, to the Final Report dated December 20, 1999, arising from discussions with Councillor Feldman regarding conformity of the application to the Official Plan.

Financial Implications and Impact Statement:

All of the costs associated with the processing of this application are included with the 2000 operating budget.

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 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;

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

(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 870 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 minimum of 7 parking spaces shall be provided on the lands;

(k) yard setbacks:

(i) the minimum front yard setback shall be 18.4 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

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

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

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

(7) 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 A venue West frontage of this property, as further described in Schedule H of this report

(4) That Council resolve that no further notice need to be given in respect of this By-law.

Comments:

Official Plan

Planning Staff have met with Councillor Feldman to discuss the conformity of the application with the Official Plan. While the proposal conforms with the requirements of the Sheppard West/Dublin Secondary Plan, the Councillor has expressed his concern that the proposed building should be brought forward to the Sheppard Avenue West property line to better meet the intent of the Secondary Plan and to ensure, over the long term, orderly redevelopment along Sheppard Avenue West.

The applicant has subsequently amended his application, and has moved the building forward by 2.6 m (See Schedule B). The building will now be located at the new Sheppard Avenue West property line once the owner conveys the required 2.76 m widening. As a result, the patio area will now be located on the lands to be conveyed to the City and the owner will be required to enter into a lease agreement to allow for the patio within the right-of-way (See Schedule C). The applicant has also agreed to provide public access to the tuck shop from the patio area. In moving the building forward, the parking area, at the rear of the site will now be separated from the Church of God lands by a 2.7 m landscape area. The landscape plan for the project will be revised to reflect this change.

Revised Recommendations:

In considering the revised draft by-law attached as Schedule A, the consolidated set of recommendations in this report should be adopted, and Council resolve that no further notice need be given.

Contact:

Tom Keefe

Manager, Community Planning

North York Civic Centre

Telephone: (416) 395-7170 Fax: (416) 395-7155

E-mail: tkeefe@toronto.ca

Rob Dolan

Director, Community Planning, North District

List of Attachments:

Schedule A - Revised Draft Zoning By-law Amendment

Schedule B - Revised Site Plan

Schedule C - Works and Emergency Services - Transportation Division memorandum

SCHEDULE A

REVISED

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

(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;

PERMITTED USES

(c) the only permitted use shall be a "retirement home" with an ancillary ground

floor commercial use;

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 30 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 870 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 18.4 metres from the centre line of Sheppard Avenue West;

(ii) the minimum east side yard setback shall be 8.2 metres;

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

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

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

(f) 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)