Preliminary Report - Zoning Amendment Application UDZ-98-08

1205373 Ontario Limited - 70, 72, 76, 78, 80, 84, 88, 90, 96, 100

and 102 Ellerslie Avenue - North York Centre

 The North York Community Council recommends that:

 (1)site specific Official Plan Policy part c9.140 of Official Plan Amendment No. 381 be re-opened;

 (2)the following report (June 9, 1998) from the Acting Commissioner of Planning, North York Civic Centre, be received; and

 (3)staff be authorized to schedule a public meeting to determine whether the subject lands should be included in the development area.

 The North York Community Council submits the following report (June 9, 1998) from the Acting Commissioner of Planning:

 Purpose:

 The purpose of this report is a preliminary evaluation of an application to amend the zoning by-law for lands located at Ellerslie Avenue west of Beecroft Road to permit a 66 unit 3 storey freehold townhouse development at 70 to 102 Ellerslie Avenue.

 Recommendations:

 It is recommended that:

 (1)the applicant be advised that the following are required prior to a final recommendation report:

 (a)a comprehensive land assembly for all the lands which are subject to this rezoning application;

 (b)a concurrent site plan application;

 (c)a draft plan of subdivision for the laying out of any new public road; and

 (d)appropriate studies as required by municipal agencies that are outlined in this report.

 (2)Once the conditions set out in recommendation (1) have been met, that

 (a)staff, in consultation with the local Councillors, schedule a community consultation meeting; and

 (b)staff prepare a final report evaluating the proposal and provide notice of the statutory public meeting at the appropriate time.

 Background:

 Proposal:

 The application proposes an amendment to the zoning by-law to permit the construction of a 66 unit, 3 storey freehold townhouse development as shown on Schedule C. A statistical breakdown of the proposal is set out below.

 Site Context:

 The east part of the site is located in the Uptown and the west part is located in the stable residential area (Schedule A). On the south side of Ellerslie Avenue is Dempsey Park. Directly north of the site are single detached homes and to the west is St. Edward's Church. To the east is Canterbury Place Park and Willowdale Presbyterian Church.

 Official Plan:

 Nos. 70 to 84 Ellerslie Avenue are designated Uptown Residential 2 which permits residential uses at a maximum density of 1.5 FSI and a maximum height of 3 storeys or 11 metres.

 Nos. 88 to 102 Ellerslie Avenue are designated Residential Density 1 and are located outside the boundary of the Uptown. They are also subject to a site specific policy in the Plan (C9.140) which permits residential uses to a maximum density of 1.0 FSI and a maximum height of 3 storeys or 11 metres provided these lands are redeveloped and vehicular access is taken from the Uptown Service Road and not from Ellerslie Avenue. In the absence of such an integrated land development proposal, the lands are limited to those residential uses generally permitted within an RD1 designation (single detached and semi-detached dwellings).

 Zoning:

 R4 One Family Detached Dwelling Fourth Density Zone.

 Discussion:

 The following preliminary issues have been identified:

 (1)Land Ownership

 The applicant has executed offers of purchase and sale for most of the properties comprising this site (76, 80, 84, 88, 90, 96, 100 Ellerslie). The applicant has offered but to date been unable to purchase 70, 72, 78 and 102 Ellerslie Avenue (Schedule D). Numbers 70, 72 and 78 Ellerslie Ave. are needed for this proposal to get access to the future Service Road. Number 102 Ellerslie Avenue is at the west end of the site and is not needed for road access.

 The Department has written to the owners of these properties asking if they consent to the application made for rezoning of their property. We have received letters from the owners of Nos. 72, 78 and 102 Ellerslie Avenue indicating that they do not authorize or consent to the rezoning of their property. Trustees of Willowdale Presbyterian Church (70 Ellerslie Ave.) have indicated that they do not oppose the rezoning of the church's property.

 Of the six lots within the Uptown Residential designation, the applicant does not have control of three (Schedule D). The specific development policy for the stable residential lands rests on the premise that they be drawn into a redevelopment of the Uptown lands. Until such time as the applicant has achieved a consolidated land assembly for the lands subject to the rezoning, it is premature to report on this application.

 (2)Plan of Subdivision and Site Plan

 The proposal includes a new public road within its development to connect with the future Service Road however, the applicant has not submitted a subdivision application. A plan of subdivision is normally required for the laying out of a new public road. The rezoning application has been circulated in order to obtain interim comments where possible. The Works and Emergency Services Department (Public Works) advise that they are unable to provide comments on the development proposal until a plan of subdivision application is submitted together with a preliminary engineering report and geotechnical report.

 The applicant has also not included a site plan application, although it is Council policy that in the North York Centre, site plan applications are to be processed concurrent with any rezoning application. The applicant has submitted a conceptual site plan showing the proposed buildings in block form (Schedule C).

 (3)Land Use

 The proposed townhouses are permitted by the UR2 designation on the portion of the site located in the Uptown. The portion of the site located outside the Uptown is subject to site specific Official Plan policy Part C.9.140 which permits residential uses at a maximum density of 1.0 FSI and maximum height of 3 storeys or 11 metres.

 The C.9.140 policy was added to the Official Plan by OPA 381 in 1993 and was appealed by the Yonge Street Area Ratepayers Association and Mr. Don Gray of 69 Churchill Avenue. It has since been identified as Referral #1 to OPA 381 but has not yet had a hearing date scheduled at the Ontario Municipal Board. This applicant has requested the Ontario Municipal Board to schedule a hearing on the Referral.

 As part of the preparation of a more detailed site plan, the applicant is encouraged to review the gradation of intensity of built form so that the RD1 portion of the site serves as a transition between the stable residential lands adjacent to the site and the Uptown lands.

 (4)Service Road and New Public Road

 The site specific policy for the portion of the site located outside of the Uptown requires that if the lands are to be redeveloped, vehicular access is to be taken from the Uptown Service Road and not from Ellerslie Avenue. The applicant is proposing to service much of this development by a new public road to be dedicated to the City and which will connect to the Service Road. The new road would be required to meet Transportation and Public Works specifications.

 Part of the site is located in the future Uptown Service Road. The applicant will be required to convey to the City the necessary lands for achieving the Service Road in this area. The conceptual site plan (Schedule C) shows the lands to be conveyed to the City.

 Only a portion of the future Uptown Service Road can be completed through this application. In the absence of a full connection through Canterbury Place Park to Churchill Avenue and the realignment of the intersection of Ellerslie Avenue off the east side of Beecroft Road, the future Service Road link will remain unconstructed in this location. The coordination of the extension of hard services from Beecroft Road into the new subdivision across lands which are not yet ready to be incorporated into a constructed Service Road link presents engineering and capital works planning considerations which need to be addressed by the applicant. The applicant should provide an engineering strategy for providing access to this proposed development from Beecroft Road.

 (5)Private Road Policy

 A portion of the development is to be serviced by a private road. It will be required to comply with the City's private road policy.

 (6)Parkland Dedication

 The Parks and Recreation Department has indicated that they will be seeking to obtain an on site parkland dedication. The current conceptual site plan does not indicate any parkland conveyance to the City. The applicant should work with the Parks and Recreation Department to accommodate appropriate on site parkland conveyance in a revised site plan.

 (7)Issues - City Wide

 None.

 Conclusions:

 The applicant is requesting an amendment to the zoning by-law to permit the construction of a 66 unit 3 storey freehold townhouse development. While the applicant has assembled most of the properties for the rezoning, the applicant does not have authorization from several of the landowners consenting to the rezoning of their properties. In addition, the applicant has not submitted a site plan application for the proposed townhouses or a plan of subdivision for the laying out of a new public road. Without these applications, it is not possible to prepare a planning report on the development proposal.

 It is premature to report on this application until a comprehensive land assembly has been achieved, a site plan application and plan of subdivision have been submitted and parkland and transportation issues have been resolved. Staff are prepared to work with the applicant in the resolution of these matters. Community consultation will be coordinated with the local Councillors with the community consultation to be held prior to a final recommendation report.

 Contact Name:

 Nimrod Salamon, Senior Planner

Phone: 395-7134Fax: 395-7155

 (A copy of the Official Plan designations, zoning by-law categories, site plan and property ownership referred to in the foregoing report are on file in the office of the City Clerk, North York Civic Centre.)