Preliminary Evaluation Report

Zoning By-law Amendment Application Z97045

Goce Kokarevski, 20 Meadowcliffe Drive

Ward 13 - Scarborough Bluffs

 The Scarborough Community Council recommends the adoption of the following report (March 19, 1998) from the Commissioner of Planning and Buildings, Scarborough, wherein it is recommended that the subject application be refused:

 Purpose:

 The applicant proposes to amend the Zoning By-law for a 15,600 square metres (168,000 square feet) residential property located on the south side of Meadowcliffe Drive, to permit the development of the land with three single-family dwellings, each with a minimum frontage of 30 metres (100 feet) and a minimum lot area of 5,057 square metres (54,000 square feet). A Consent Application (B56/97) to create a third lot, a Site Plan Control Application (S97133), and a Ravine Protection By-law Application (RB97012) have also been submitted.

 Recommendations:

 It is recommended that Council refuse the application by Goce Kokarevski (Z97045) to amend the Zoning By-law to permit the development of the land with three single-family dwellings. There are significant concerns about the viability of the proposed rezoning that have not been addressed by the applicant. The subject property is within an environmentally fragile area of the Scarborough bluffs, susceptible to soil erosion. A very large portion of the applicant=s land is within the Open Space designation and the Open Space zone extends within 76 metres (250 feet) of the top of the bluffs. The By-law prohibits any buildings within the Open Space zone. The remaining table land will be within approximately 40 to 50 metres (130 to 164 feet) of the Meadowcliffe street line, necessitating future dwellings to be located close to the street, thus affecting the character of the area.

 Background:

 (1)The site is designated Low Density Residential and Open Space in the Official Plan. Part of the land is within the Environmental Impact Zone.

 The land is zoned Single-Family Residential and Major Open Space. The By-law provides for one Single-Family dwelling per lot as shown on the Registered Plan. Under the present zoning a new home could be built on each of the two existing lots on the Registered Plan. Minimum frontage and area requirements are not specified in this By-law. Major Open Space extends within 76 metres (250 feet) of the top of the bluffs.

 (2)The site comprises two lots on Registered Plan M-440. The property has a frontage of approximately 102 metres (335 feet) on Meadowcliffe Drive, a lot depth of approximately 216.4 metres (710 feet) on the east side and 229 metres (750 feet) on the west side. The applicant=s survey indicates approximately 40 metres (132 feet) of water frontage on Lake Ontario. Approximately 35 percent of the site appears to be below the top of bank of the Scarborough Bluffs.

 The site is located in a very distinctive and unique Aexecutive style@ community, abutting Lake Ontario and the Scarborough Bluffs, and is surrounded by single-family homes on large lots overlooking the lake. While the area is designated Low Density Residential in the Official Plan, the executive nature of this part of the community can cause one to refer to the City=s policies for executive residential housing where the policies support Aprestige@ accommodations and enhancement of existing neighbourhoods of this character. A large bungalow is situated in the middle of the lot, set back approximately 90 metres (300 feet) from Meadowcliffe Drive. The applicant proposes to demolish the bungalow and build three new houses.

 (3)Registered Plan M-440, the original plan of subdivision of this area, generally provided for 30 metre (100 feet) wide lots. The lots on the south side of Meadowcliffe Drive are very deep and extend to Lake Ontario.

 The Consent application proposes to create two 30 metre (100 feet) lots and one 41 metre (135 feet) lot.

 (4)The Zoning By-law Amendment and Consent applications were filed in August, 1997, by the applicant, but were incomplete. The applicant was requested to provide more detailed information showing the location of the proposed dwellings. Also, because the land is situated within the Environmental Impact Zone, it is under Site Plan Control and the Ravine Protection By-law would apply to the site. The Ravine Protection By-law and Site Plan Control applications were subsequently filed by the applicant. However, the applicant did not submit detailed drawings showing the location and siting of the proposed dwellings and the septic tank areas required to service these dwellings, as was requested. In the absence of detailed site plan information, it is difficult for staff to fully assess the applications.

 The applications have been circulated to Departments and agencies, and comments received have been forwarded to the applicant. The Toronto Region Conservation Authority requested a geotechnical engineer=s report to confirm that the proposed development of the subject property is viable. Works and Environment requested that top of bank be staked. Recreation, Parks and Culture requested an arborist report. The Works and Environment Department report that there are no existing storm or sanitary sewers on Meadowcliffe Drive. The applicant would need to confirm the feasibility of servicing the site with septic systems, as this is fundamental to any new development in this area.

 (5)In accordance with the Toronto Region Conservation Authority request, the applicant has undertaken a geotechnical report, prepared by Alston Associates Inc. Authority staff have reviewed the consultant=s report and found the report to be incomplete and the assumptions made by the consultant do not meet the Authority=s minimum requirements for development in this area. The Toronto and Region Conservation Authority are not supporting the application under the present findings of the applicant=s geotechnical survey. The Authority has also indicated that while they have long term plans for a waterfront trail in this area, and would be interested in hazard lands, there are no plans to acquire tableland.

 (6)The applications have generated significant interest in the Community and five letters in opposition to the applications have been received, expressing concern about potential erosion of the bluffs, removal of trees, and increased density affecting the character of the area.

 Conclusion:

 There are significant concerns about the viability of the proposed rezoning that have not been addressed by the applicant. The subject property is within an environmentally fragile area of the Scarborough bluffs, susceptible to soil erosion. Also, the proposed development may necessitate removal of mature trees. A very large portion of the applicant=s land is within the Open Space designation and the Open Space zone extends within 76 metres (250 feet) of the top of the bluffs (Figure 3). The remaining table land will be approximately 40 to 50 metres (130 to 164 feet) from the Meadowcliffe Drive street line, necessitating future dwellings to be located close to the street, significantly closer than other houses on the street.

The applicant=s geotechnical report does not satisfactorily address the issues and concerns raised by the Toronto and Region Conservation Authority that the significant environmental concerns can be adequately addressed, and that on-site septic servicing can be provided.

 Contact Name:

 Aristotle Christou, Senior Planner

(416) 396-5228

(416) 396-4265 Fax No.

christou@city.scarborough.on.ca

The Scarborough Community Council submits, for the information of Council, the following supplementary report (April 30, 1998) from the Commissioner of Planning and Buildings, Scarborough:

 Purpose:

 To advise Council of additional information submitted by The Toronto and Region Conservation Authority.

 Recommendations:

 It is recommended that Council reaffirm my recommendations to refuse this application as per my report dated March 19, 1998.

 Background:

 (1)At its meeting of April 15, 1998, at the applicant=s request, Scarborough Community Council deferred consideration of this report to its May 6, 1998 meeting.

 (2)We have now received a report from the Toronto and Region Conservation Authority (attached) indicating that they concur with the applicant=s geotechnical report and would have no objection to the approval of this application, subject to the following conditions:

 (a)the lands located below the existing top of bank be placed in a separate block and set aside for public ownership with either the TRCA or the City of Toronto;

 (b)the lands located within the 100 year stable slope limit be placed in a separate block and be recognized with a restrictive covenant/easement and/or zoning designation which has the effect of prohibiting structural encroachments, the placement of fill or the removal of vegetation except for the purposes of flood erosion control, or resource management.

 (3)Planning staff continue to have significant concerns with this proposal. The subject property is within an environmentally fragile area of the Scarborough bluffs, susceptible to soil erosion. The effect of the rezoning proposed by the applicant would allow three dwellings (subject to consent approval) to be developed in an urban type pattern, inconsistent with the quasi rural nature of this street and community. To satisfy the Toronto and Region Conservation Authority=s issues, the proposed homes would have to be built close to the street edge, which is inconsistent with the pattern of development on the street where most of the houses are set back from the street line.

 Official Plan policies promote the preservation of neighbourhood character and the compatibility of dwelling unit types with surrounding uses. This proposal would violate this policy objective.

 Conclusion:

 This proposal can not be supported on planning reasons because it will significantly impact on the fragile environment of the bluffs and will not be in keeping with the character of the area. I therefore recommend that Council reaffirm the recommendations of my report dated March 19, 1998.

 Contact Name:

 Aristotle Christou, Senior Planner

(416) 396-5228

(416) 396-4265 Fax No.

christou@city.scarborough.on.ca