Harvey Sawh, 63-65 Winterton Drive - File No. Z-2261

The Etobicoke Community Council recommends that

(1)the following report (May 6, 1998) from the Commissioner of Urban Development, Etobicoke District be adopted; and

(2)the City Solicitor be directed to put a motion before the Ontario Municipal Board, to have the applicant=s solicitors removed due to a perceived Conflict of Interest as they are presently retained by the City of Toronto:

Purpose:

To consider a proposal to amend the Etobicoke Official Plan and Zoning Code to permit a retirement residence for seniors containing 40 rooms plus one apartment unit on lands at 63 and 65 Winterton Drive, east of Martin Grove Road.

Funding Sources, Financial Implications and Impact Statement:

City funding is not required. There are no impacts on capital or operating budgets.

Recommendation:

It is recommended that the application by Harvey Sawh for amendments to the Etobicoke Official Plan and Zoning Code to permit a retirement residence for seniors containing 40 rooms plus one apartment unit on lands at 63 and 65 Winterton Drive be refused and that the applicant be invited to appear in deputation before the Etobicoke Community Council.

Background:

In January 1997, Harvey Sawh, on behalf of Ontario Hydro, submitted an application to amend the Official Plan and Zoning Code to permit a single storey retirement residence with 24 rooms on 0.32 hectares (0.78 acres) of surplus Hydro lands. Following a community meeting (held February 24, 1997), the application was revised to request rezoning from Utilities (U) to First Density Residential (R1) to permit two single family residential dwellings. This rezoning application was approved by Etobicoke City Council on May 12, 1997, and By-law No. 1997-75 was enacted in September 1997. On October 24, 1997, the Committee of Adjustment approved a consent application to create the two residential lots, namely 63 and 65 Winterton Drive.

Harvey Sawh has in this application dated February 17, 1998, requested a further amendment to the Official Plan and Zoning Code to permit the development of a retirement residence for seniors containing 40 rooms plus one apartment unit to accommodate a property manager on the subject lands which he acquired from Ontario Hydro on May 30, 1997.

Site Description and Surrounding Uses:

The vacant site is situated within a neighbourhood of single family detached dwellings zoned primarily First Density Residential (R1) and Second Density Residential (R2). The site has 31.72 m (104 ft.) of frontage on Winterton Drive, with a lot depth of 125.60 m (412 ft.) which extends along existing Hydro lands to the west and the side and rear yards of three (3) single family homes to the east. (Exhibit No. 1)

Surrounding land uses are as follows:

North:Martin Grove Collegiate Institute (north portion (R4) and south portion (R1))

South:Princess Margaret Junior school (R2)

East:Side yard of a single family home on Winterton Drive and rear yards of two single family homes on Streatham Place (R1)

West:Hydro Corridor (U)

Proposal:

A site plan has been submitted (Exhibit No. 2), indicating a two storey split-level building, accessed by a single driveway off Winterton Drive. Each level would contain 20 rooms along a central corridor. The main floor (upper level) would also contain communal/amenity facilities including a lounge, dining room, kitchen, and an office. The lower level would contain a sitting room (conservatory), mechanical room and storage area. The manager=s suite would be located in the attic of the building. Parking for 14 cars is proposed on site in the front yard. (Exhibits Nos. 3, 4 and 5)

 The following is a summary of information relevant to this application:

 Official Plan:ExistingUtility

ProposedMedium Density Residential

 Zoning:ExistingFirst Density Residential (R1)

ProposedFourth Density Residential (R4)

Site Area0.32 ha (0.78 ac) 156.6 m² (33,979 sq.ft.)

Proposed G.F.A.2306 m² (24,818 sq.ft.)

Floor Space Index0.73

No. of rooms40

No. of apt. units1 (manager=s suite)

Building Height2 storeys 8.84 m (29 ft.)

Building coverage (footprint)1182 m² (12,722 sq.ft.)37%

Paved area 703 m² (7,567 sq.ft.) 22%

Landscaped area1283 m² (13,815 sq.ft.)41%

Parking:Required:14 spaces (@ 1 space per 4 rooms and 4 spaces for visitors)

Provided14 spaces (including handicapped space)

Comments:

Official Plan:

The site is designated for Utility purposes in the Etobicoke Official Plan. Permitted uses include electric power facilities, water and sewage treatment plants, as well as public uses such as parks, bicycle paths and transit routes. The recent rezoning [to First Density Residential (R1)] to permit two residential lots was permitted without an amendment to the Official Plan as rezoning of surplus hydro lands in accordance with adjacent land use designations is allowed. In this instance, the adjacent designation is Low Density Residential.

Although the type of use being proposed does not constitute the form and scale of development envisaged by the Official Plan for lodging houses, it would nevertheless be technically classified as a lodging house and is thus subject to the criteria set out in the Plan and to municipal licensing. The proposed retirement residence would not meet the criteria for a Lodging House, as contained in Section 4.2.20 of the Official Plan, which stipulate among other things a maximum of ten residents. A further amendment to the Plan would be required to exempt the residence from criteria a), b), and g) set out in Section 4.2.20 of the Plan. (Exhibit No. 6).

As noted in Exhibit No. 6, lodging houses are considered to be a form of multiple housing most suitably located in higher intensity multiple occupancy residential areas of the City. An amendment to the Official Plan from Utility to Medium Density Residential would therefore be required to recognize the intensity of the proposed use.

In commenting on the applicant=s previous proposal for a 24-bed retirement home, the Metro Planning Department advised that the proposal was consistent with the principles and policies of Metropolitan Toronto Official Plan.

Zoning Code:

The site is now zoned First Density Residential (R1) which limits use of the site to two (2) single family detached dwellings only with a minimum permitted lot frontage of 13.5 m (44.5 ft.).

In residentially zoned areas, lodging houses are listed as permitted uses only in Fourth Density Residential (R4) and Fifth Density Residential (R5) zones, subject to the Supplementary regulations for lodging houses. Rezoning to one of these categories would therefore be necessary, subject to any necessary amendments to those standards (eg. rear and side yard). While the proposal would meet most of the regulations set out in Section 320-24 of the Zoning Code, it would not meet the owner occupancy requirement for lodging houses and would considerably exceed the maximum number of residents permitted (i.e., ten.) Further, the rear yard space, which measures approximately 477 m², is deficient (as the minimum required rear or side yard area is 574 m² based on 14 m² for each resident), and the minimum separation distance of 300 m between other similar facilities has not been met (as a group home already exists within this radius). (Exhibit No. 7)

Comment:

It should be noted that the currently permitted single family dwellings which would be compatible with the immediately abutting (R1) development, as provided for by the Official Plan for development of surplus Hydro lands, were approved by Etobicoke Council only recently. The proposed lodging house is physically not in harmony with surrounding houses and, as a residence for over 40 people, it also represents an undesirable intrusion into a stable single family area. The easterly face of the structure would constitute an uninterrupted wall measuring 65 m (213 ft.) immediately adjacent to three single family dwellings, and the proposed FSI of 0.73 exceeds typical single family development.

This residence does not satisfy several criteria as set out in the Official Plan or the Supplementary regulations for lodging houses. It is not located on an arterial road, the number of residents exceeds ten, the rear yard is deficient and the minimum separation distance from other existing similar types of residential care uses is inadequate.

Agency/Department Circulation:

Comments received as a result of circulation of the proposal related to site/building design (e.g. layout, height, elevations, safety, security, screening, planting, lighting, buffering and barrier-free accessibility) and servicing matters (e.g., sanitary sewer, watermain, fire hydrants, sidewalks, drainage/grading, stormwater management, waste management, encroachment and environmental issues) which would be addressed at the site plan approval stage, should this application be approved.

The Metropolitan Toronto Police has expressed concern regarding a seniors residence at this location due to the high volumes of traffic in the area. (Exhibit No. 8)

Parks and Recreational Services has indicated that parkland dedication requirement for this proposal will be 5 percent cash-in-lieu of parkland contribution.

Community Consultation:

A community meeting was held on February 25, 1998; approximately 70 people attended, including the applicant, his agents, area councillors and staff. The local area residents noted that a similar proposal was rejected previously by the community and a compromise scenario involving two single family homes was approved only recently. They restated their concerns about potential increased traffic, insufficient parking, congestion, the location of the delivery and service area, noise (from ambulances), high density, building mass and height.

Conclusions:

The proposed amendments to permit a seniors residence are not appropriate in that they would allow development which is not compatible with the surrounding community or the intent of the Official Plan and the Zoning Code. It is recommended that the application be refused.

This application is for a site specific amendment and there are no City-wide issues.

Contact Name:

Lorna Hahn, MCIP, RPP, Planner, Development and Design

Tel: (416) 394-8232; Fax: (416) 394-6063

Mr. M. Rendl appeared before the Etobicoke Community Council on behalf of Mr. H. Sawh, with respect to the foregoing matter.

The Etobicoke Community Council reports having also had before it a communication (May 5, 1998) from Mr. Q. M. Annibale, of Loopstra, Nixon & McLeish, giving notice of appeal of the City of Toronto=s (former City of Etobicoke=s) refusal or failure to approve plans or drawings referred to in subsection 41(4) of the Planning Act, as amended, with respect to lands located on the south side of Winterton Drive, east of Martin Grove Road for the development of the site as a 41-unit senior citizens retirement home and lodging house.

(Copies of Exhibit Nos. 1-8 referred to in the foregoing report were forwarded to all Members of Council with the agenda of the Etobicoke Community Council meeting of May 6, 1998, and copies thereof are on file in the office of the City Clerk.)