Official Plan and Zoning Amendment Application OZ-88-40 -

R. G. Thwaites - 15 Cameron Avenue -

North York Centre

 The North York Community Council, after considering further deputations and submissions recommends as follows:

 (1)that Draft Official Plan Amendment No. 455 and the Draft By-law attached to the memorandum (February 4, 1998) from the Acting Commissioner of Planning, with respect to the Official Plan and Zoning Amendment submitted by R.G. Thwaites regarding 15 Cameron Avenue, be adopted.

 The North York Community Council reports having held a further statutory public meeting on May 27, 1998, with appropriate notice of this meeting, in accordance with the Planning Act.

 The North York Community Council submits the following report (September 4, 1997) from the Commissioner of Planning:

 Summary:

 The proposal is to convert and expand an existing single dwelling residence to allow an office building. The site located at 15 Cameron Avenue is within a designated stable residential area immediately adjacent to the North York Centre.

 The application was recommended for refusal by staff and the Planning Advisory Committee in January 1989 and on February 1, 1989 respectively; but was deferred sine die by Council on March 8, 1989. A copy of the 1989 report and Council minutes are attached (see Schedule >F=).

 In the intervening period, the City has reviewed and changed the official plan policies for the area south of Sheppard Avenue in the Downtown secondary plan (Official Plan Amendment No. 393). None of these changes affected the subject property. The site remained outside of the Downtown plan boundary. OPA 393 was subsequently referred to the Ontario Municipal Board and a hearing held between April and June of this year. The City is awaiting a decision from this hearing.

Over the last year, the City has reviewed its policies for the city centre (both Downtown and Uptown secondary plans) and has proposed a consolidated document with some policy changes. The new document is titled the North York Centre secondary plan (Official Plan Amendment No. 447). A public meeting for this proposed secondary plan has been scheduled for September 10, 1997. There are no proposed policy changes affecting the subject lands. The site remains outside of the North York Centre boundary.

 The proponent, Mr. Thwaites, requested that his file be kept open during this period of review, and now wants his application to be reconsidered.

 The proposed office development is not in conformity with the City=s existing and proposed development strategy for the North York Centre and the adjacent stable residential areas. It would be a non-residential intrusion into an existing established residential neighbourhood. There has been no change in the planning strategy for this residential neighbourhood since the City=s last review of this application in 1989.

 Recommendation:

 The application be refused.

 3.0Proposal:

 The proposal is to establish a C.9 specific development policy for the lands in the official plan and to zone the property to allow for the expansion and conversion of an existing single residential dwelling to permit an office use in addition to the existing RD-1 and R6 permitted uses.

 The proponent wants to add onto the east side of an existing residential dwelling to create a office building with a gross floor area of 285.84 m5 (3,076.75 ft5) at a 0.36 FSI. The proposed lot coverage would be 23.74 percent.

The backyard would be paved to provide a parking area with 13 spaces. Access to the parking area would be from Cameron Avenue (see Schedule >B=). The existing unattached garage would be demolished.

 The proposal is to create an office building with a residential type facade (see Schedules >C= and >D=). The intent is to have the proposed office building fit in with the existing residential streetscape on the lands to the north and west.

 No retail or medical office uses are proposed.

 We have confirmed with the applicant that he has not changed his initial concept for the development of the site, since our last review of his application in 1989.

 4.0Location and existing site:

 The site is located at 15 Cameron Avenue. It is one lot west of Yonge Street on the south side of Cameron Avenue (see Schedule >A=).

 The property contains a house with a separate garage. There is a driveway to the garage and some landscaping. There is a block fence along the east boundary of the lot.

 The lands are bounded on the north by Cameron Avenue and residential dwellings on the north side of the street, on the east by a Petro-Canada gas bar with a convenience store and donut shop concession, on the south by single residential dwellings fronting onto Franklin Avenue, and on the west by a single residential dwelling.

 The adjacent house on the west is on the City=s list of historically significant buildings and is known as the Frank Carmichael House (see Schedule >G=). It is used as a residence.

 The house at 16 Cameron Avenue on the north side of the street is leased and is used as a residence. It is owned by the adjacent property owner with a commercial building at the northwest corner of Yonge Street and Cameron Avenue. A portion of the backyard of 16 Cameron Avenue is used as parking area for the adjacent commercial building. The parking area appears to be a nonconforming use to the existing R7 zoning.

 The site is on the edge of a stable residential neighbourhood and adjacent to a commercial strip along Yonge Street.

 5.0Background:

 This application was submitted on April 14, 1988 by Mr. Thwaites , the current property owner. The application was recommended for refusal by staff in January 1989 and the Planning Advisory Committee on February 1, 1989. The basis for the refusal was that the proposal would destabilize the adjacent residential neighbourhood, that new commercial lands should be located on arterial roads as directed by the City=s official plan, and that its approval would be precedent setting for other residential properties along the Downtown boundary. Council deferred the matter sine die on March 8, 1989 (see Schedule >F=).

 In the intervening period, Mr. Thwaites waited until the finalization of the south Downtown planning area review was completed for the lands south of Sheppard Avenue to Highway No. 401 on both sides of Yonge Street, since it might affect his lands. During the review, the City examined the boundaries of the Downtown area and the associated land use designations. This review resulted in the Council approving Official Plan Amendment No. 393. The amendment did not change the Downtown secondary planning area boundary on the west side of Yonge Street. In addition, there were no changes to the land use designations or policies for the lands adjacent to the west boundary.

 OPA 393 was subsequently referred to the Ontario Municipal Board for a hearing. This was held from April to June of this year. The City is awaiting the decision. However, Mr. Thwaites= property was not an issue at the hearing; and consequently, the decision will not affect his lands.

 The City has recently completed a review of the Downtown and Uptown secondary plans for the City=s commercial centre. Staff have recommended that there be some policy changes to these two documents in order to have some consistency in development requirements with the two adjacent secondary plan areas and to update the policies to reflect Council=s current development strategy for the City centre. The two secondary plans and the policies agreed to by Council in OPA 393 have been consolidated into one document to be known as the North York Centre secondary plan. A public meeting on this proposed document has been scheduled for September 10, 1997. The proposed boundary of the consolidated North York Centre secondary plan does not change on the west side of Yonge Street, and the proposed policies do not include the lands outside of the boundary in the abutting stable residential areas. Accordingly, the applicant=s land is not affected by the proposed policies in the North York Centre secondary plan.

Mr. Thwaites is now in the same situation as he was in 1988 when he submitted his application. His lands are immediately adjacent to the North York Centre boundary. His property is in a designated residential area.

 The existing residential dwelling is currently leased for residential purposes only. Mr. Thwaites considers his house to be in a state of disrepair, and he does not want to repair, renovate, or build a new house. He lives in another house in the same neighbourhood on Franklin Avenue.

 6.0Planning Controls:

 This application was submitted under The Planning Act, 1983, as amended.

 6.1Official Plan:

 The lands are designated Residential Density One (RD-1). The RD-1 districts are intended to be areas of predominantly low rise ground oriented housing such as detached and semi-detached dwellings. Public facilities and amenities, community institutions and minor commercial uses which are ancillary to the residential use or which serve the local residential population are permitted. The proponent=s office proposal would not comply with these policies.

 The site is adjacent to the existing Downtown (proposed North York Centre) lands (see Schedule >E=). There is no proposal to amend the Downtown (North York Centre) boundary along this segment of the west side of Yonge Street in order to incorporate the applicant=s lands into the secondary plan area. The policies of the existing and proposed secondary plans do not apply to the proposal. Subject to Part D.2, Section 3.14.12 , the City is not considering any new policies for the lands outside and adjacent to the secondary plan boundary.

 6.2Zoning By-law:

 The lands are zoned One-Family Detached Dwelling Sixth Density (R6). This zone permits one-family detached dwellings and accessory buildings, and some institutional and recreational uses subject to conditions.

 An office use is not a permitted use.

 7.0Other Comments:

 As there has been no change in planning policy or development strategy for the subject site, the proposal has not been recirculated since our initial review. The following comments were submitted previously.

 7.1External

 The Metropolitan Planning Department notes that the proposal could set a precedent adding to the uncertainties of land use relationships at the North York Centre boundary. Proximity to the boundary does not justify extension of the city centre. See attached Schedule >H=.

 The Ministry of Transportation is not affected by the proposal. See attached Schedule >I=.

 Consumers Gas has no objections. See attached Schedule >J=.

 Bell Canada has no objections. See attached Schedule >K=.

 North York Hydro has no objections. See attached Schedule >L=.

 7.2Internal

 Fire Department has no objections. See attached Schedule >M=.

 Public Works Department has no objections subject to their standard conditions. See attached Schedule >N=.

 Traffic Department (now Transportation Department) concurs with Metropolitan Planning Department comments. Should the proposal be approved, the driveway access width onto Cameron Avenue would have to be increased to 6.1 metres. See attached Schedule >O=.

 8.0Public Consultation:

 There has been no further public consultation on the subject application since its initial review.

 A community consultation meeting was not required.

 There has been extensive public consultation on the south Downtown planning area review and the resultant Official Plan Amendment No. 393. The public also had the opportunity to express their point of view at the recent Ontario Municipal Board hearing on this amendment.

 There has been significant public involvement including workshops in the preparation of the proposed North York Centre secondary plan (proposed Official Plan Amendment No. 447). A public meeting has been scheduled for September 10, 1997.

 9.0Planning Issues:

 9.1Commercial Development Strategy in the North York Centre and Adjacent Areas

 The development strategy in this area of the City is to encourage commercial uses in the North York Centre particularly in the designated prime frontage areas along Yonge Street, Sheppard Avenue and Finch Avenue. The subject property is not within one of these areas designated for commercial uses.

Mr. Thwaites= property does not satisfy all of the requirements in the City=s official plan (Part C.5, Section 2.7.0) concerning the expansion of a commercial area. The lot does not have frontage on an arterial road.

 The City=s development objective is to ensure the stability of the existing low density adjacent residential areas abutting the city centre. These areas are intended to be for predominantly low rise ground oriented housing with minor commercial uses which are either ancillary to the residential uses or which serve the immediate local population. The stable residential areas and the commercial core are meant to be separate but complementary to each other. Permitting an office use as an exception to the residential zoning on the subject property would not be in keeping with this strategy.

 9.2Transitional Area between Core Commercial Uses and Residential Uses

 The City=s proposed strategy is to allow mixed use development (residential and non-residential) but with a 50 percent residential limitation for some lands adjacent to the city centre core including the Yonge Street/Sheppard Avenue subway node. The remaining portion of the city centre properties would be generally for residential uses with gradually deceasing densities moving from the core area to the established residential communities adjacent to the city centre boundary. To allow for a better change between these uses, transitional areas separating the residential and non-residential uses by allowing a mix of both are proposed at strategic locations. The adjacent Petro-Canada property to the east is in one of these transitional areas.

 Although very close, the subject site is not within the area designated for mixed-use development and is still outside the city centre boundary.

 In addition, the City=s strategy is to have a clearly defined edge. Being outside of but adjacent to the boundary does not justify a boundary extension. A hard edge protects the stable residential area.

Mr. Thwaites= lands are adjacent to this hard edge but within the stable residential area.

9.3Precedent Setting

 To permit an office use within an existing stable residential area will create a precedent. The lands to the north and south of the site are also adjacent to the same city centre boundary and a mix of existing commercial uses including a gas bar and a service station. Should this proposal be approved and a non-residential use be allowed to encroach into the same stable residential community, it will not be long before non-residential development applications are received from other property owners. This could encourage piecemeal development, defeat the purpose of having a hard-edge boundary and subvert the current strategy to conserve, protect and enhance the existing stable residential neighbourhoods.

 9.4Frank Carmichael House

 The Frank Carmichael house at 21 Cameron Avenue has been listed although not yet designated as a home of historical significance. This house is on the property immediately to the west of the subject site. It would be preferable to have this house preserved within a residential setting with no adjacent commercial encroachments.

 9.5Site Layout

 If this application was to proceed, a site plan application would be required. In the City=s preliminary review of the proposal, there are layout concerns. These matters would be dealt with in more detail in the review of any site plan application.

 The driveway and the parking area require the following changes:

 (1) 6.0 m(19.6 ft.) driveway;

(2)6.0 m(19.6 ft.) parking aisle;

 (3) 5.5 m(18.1 ft.) parking stall length and a 2.7m(8.8 ft.) parking stall width;

 (4) the western strip along the driveway must be landscaped; and

 (5) the residual perimeter parking area must be landscaped.

 A detailed landscape plan which shall include details on a privacy fence and exterior lighting, a detailed grading/drainage plan to ensure that the parking area does not create offsite drainage problems, and revised building elevations providing further articulation to reduce the perceived mass of the building will be required for further review.

 10.0Conclusion:

 The proposed office development is not in conformity with the City=s existing and proposed development strategy for the North York Centre and the adjacent stable residential areas. It would be a non-residential intrusion into an existing established residential neighbourhood. This would defeat the purpose of having a hard-edge boundary between the city centre and the existing stable residential neighbourhood.

 If the application is approved, it would set a precedent. This could probably result in similar non-residential applications being submitted on other properties in the designated stable residential area on the west side of Yonge Street in the general area south of Sheppard Avenue.

 There has been no change in the planning strategy for this residential neighbourhood since our last review of this application in 1989. There have been two recent planning reviews. The strategy for this neighbourhood has been further confirmed to be for residential uses only.

 The application should be refused.

 The North York Community Council also submits for the information of Council the following memorandum (February 4, 1998) from the Acting Commissioner of Planning:

 On September 10, 1997, the North York Planning committee recommended that a public meeting for this application be scheduled; and further, that staff make available at the public meeting, a draft official plan amendment and a draft zoning by-law to permit office uses as an exception to the existing R6 zone.

 Copies of the draft official plan amendment and zoning by-law amendment are attached.

 _______

 The North York Community Council reports having received the following communication (April 15, 1998) from the City Clerk forwarding Clause 1 of Report No. 2 of the North York Community Council, headed AOfficial Plan and Zoning Amendment Application OZ-88-40 - R. G. Thwaites - 15 Cameron Avenue - Ward 10 - North York Centre@:

 The North York Community Council on April 1, 1998, had before it a communication (March 12, 1998) from the City Clerk advising that City Council on March 4, 5 and 6, 1998, referred Clause 1 of Report No. 2 of the North York Community Council, headed AOfficial Plan and Zoning Amendment Application OZ-88-40 - R. G. Thwaites - 15 Cameron Avenue - Ward 10 - North York Centre@, back to the North York Community Council for further consideration.

 The North York Community Council reports having:

 (1) received the following communication; and

 (2)recommended that a second public meeting be scheduled to consider this application:

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  The North York Community Council also reports having had before it the following communications:

 (i)(May 22, 1998) from the property owners of 30, 39 and 44 Cameron Avenue, outlining their objections to the application;

 (ii)(May 17, 1998) from T.M. Callaghan, 54 Franklin Avenue, in opposition to the application;

(iii)(May 11, 1998) from Joanne M. McKenna, 50 Cameron Avenue, in opposition to the application;

 (iv)(May 8, 1998) from Honey Wagman and Melvin Wagman, 48 Cameron Avenue, in opposition to the application; and

 (v)(May 6, 1998) from Stephen R. Jakob, 46 Cameron Avenue, outlining his objections to the application.

 The following persons appeared before the North York Community Council in connection with the foregoing matter:

 Mr. R.G. Thwaites, 145 Franklin Avenue, applicant, explained the merits of the application. In his opinion, the proposal represents an appropriate interim use of the property, provides a suitable buffer and will enhance the neighbourhood;

 Mr. Alex Dyrow, 67 Bogert Avenue, commented in support of the application; and

 Mr. Peter Peterson, 12 Forence Avenue, expressed his support for the application stating that the proposal is an appropriate use of the lands and provides an adequate buffer between the existing commercial and residential uses in the area.

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 (A copy of the 1989 report, Council minutes, schedules, draft official plan amendment and zoning by-law amendment referred to in the foregoing reports is on file in the office of the City Clerk, North York Civic Centre.)