Official Plan and Zoning Amendment Application

and Draft Plan of Subdivision UDOZ-98-14 and

UDSB-1239 - Bearpoint Group Inc. -

50 and 60 Oak Street - North York Humber

The North York Community Council, after considering the deputations and based on the findings of fact, conclusions and recommendations contained in the report (November26,1998) from the Director, Community Planning, North District, and for the reasons that the proposal is an appropriate use of the lands, recommends that the application submitted by Bearpoint Group Inc. regarding Official Plan and Zoning Amendment for 50 and 60 Oak Street, be approved, subject to the conditions outlined in the report and subject to the following:

(1)that Recommendation (4) of the report (November 26, 1998) be amended to read as follows:

"The M2(56) exception zone be amended to M1 for lands shown on Block 84 on Schedule "C": and that the following uses, "public self-storage", "place of worship", "club" and "automotive repair shops" be excluded from the list of permitted uses outlined in Schedule "K";

(2)that Recommendation (1l) of the report (November 26, 1998) be amended to read as follows:

"That the application for draft plan approval of a plan of subdivision be revised and perfected in accordance with the Principles of Development described in Appendix "A" to this report. One principle of development is that a landscape plan for the entire plan of subdivision be submitted that includes such things as fencing, sidewalks, landscaping and other buffer treatments, Also, a review of the location and design of the proposed townhouses and industrial buildings be completed through the site plan approval process.";

(3)that the General Conditions section of the report (November 26, 1998) be amended by adding the following recommendation:

(12)Prior to final approval of the plan of subdivision, the applicant shall be required to provide the City with the necessary monies to construct two bocce courts in Pelmo Park. The cost of the construction of the two bocce courts will be determined by the Economic Development, Culture and Tourism Department and is in addition to the statutory parkland dedication requirement; and

(4)that a further condition be imposed requiring the applicant to commit half of the funds required for the installation of the permanent traffic calming measures on Wendell Avenue, Gary Drive and Yelland Street, approved by the North York Community Council at its meeting held on December 9, 1998.

The North York Community Council reports having held a statutory public meeting on December9,1998, with appropriate notice of this meeting, in accordance with the Planning Act.

The North York Community Council submits the following report (November 26, 1998) from the Director, Community Planning, North District:

Purpose:

The purpose of this report is to recommend Official Plan and zoning by-law amendments to permit a draft plan of subdivision application at 50 and 60 Oak Street. The proposal is to permit the development of this 8.47 hectare (20.96 acres) site with 80 single detached dwellings, 62 freehold townhouse units and low impact industrial uses (Schedule "C"). The industrial component will be located along the Oak Street frontage and will consist of the full range of non-residential uses and performance standards which have been established in the new M1 zone of the by-law. Notice for a public meeting on the Official Plan and Zoning Amendments has been given for the December9,1998 Community Council Meeting.

Secondly, the purpose of this report is to establish Principles of Development which clarify the way in which the official plan and zoning amendment recommendations will now give direction to the review and subsequent evaluation of appropriate conditions for draft plan approval of a subdivision of the property.

The report will settle the land use and zoning standards in the first instance and then require draft plan approval prior to the actual enactment of the zoning by-law.

Recommendations:

It is recommended that the application be approved subject to the following conditions:

Official Plan:

(1)the Official Plan designation of the site be amended from Industrial (IND) to Local Open Space (LOS) for any lands conveyed for parkland purposes. The final location of parkland for the purposes of the Official Plan will be settled with the draft plan of subdivision; and

the Official Plan be further amended to Residential Density Two (RD2) for the Blocks and Lots shown on Schedule "C", which are proposed for single family detached dwellings and townhouses;

(2)Map C.1.2 (Residential Communities) to the Official Plan be amended to expand the boundaries of the Pelmo Park Community to include the residential and open space portions of the subject site;

Zoning By-law:

(3)the M2(56) exception zone be amended to O1 for any lands conveyed for parkland purposes;

(4)the M2(56) exception zone be amended to M1 for lands shown as Block 84 on Schedule "C";

(5)a non-development yard setback of 30 metres be established for any zone adjacent the railway right of way;

Single Family Dwellings:

(6)the M2(56) exception zone be amended to R7 for Lots 1 to 80 as shown on Schedule "C", inclusive with the following exceptions:

(i)maximum building length of 16.5 metres;

(ii)maximum lot coverage of 40 percent for all buildings; and

(iv)the minimum yard setbacks shall be:

(a)front yard setback -4.5 metres to the main dwelling and 6 metres to the garage;

(b)rear yard setback - 7.5 metres; and

(c)side yard setback -0.6 metres one side and 1.2 metres the other side;

Multiple Attached Dwellings:

(7)the M2(56) exception zone be amended to RM1 for Blocks 81, 82 and 83 shown on Schedule "C", with the following exceptions:

(i)the minimum lot area shall be 140 square metres for each dwelling unit;

(ii)maximum lot coverage of 40 percent for all buildings;

(iii)the minimum distance between buildings shall be 3 metres; and

(iv)the minimum yard setbacks shall be:

(a)front yard setback - 4.5 metres to the front face of the building and 6 metres to the face of the garage;

(b)side yard setback - 4.5 metres from all exterior walls and to any M zone and 1.5 metres from any interior walls; and

(c)rear yard setback -7.5 metres for Blocks 81 and 82

and 30 metres for Block 83 adjacent the rail line.

(8)Schedule "Q" to By-law No. 7625 be amended to include the residential and open space portions of the site within the Pelmo Park neighbourhood;

General Conditions:

(9) prior to the adoption of the official plan amendment the location of the lands to be designated for Local Open Space shall have been settled;

(10)prior to the enactment of the zoning by-law, the applicant shall obtain draft plan approval of a plan of subdivision for the property; and

(11)that the application for draft plan approval of a plan of subdivision be revised and perfected in accordance with the Principles of Development described in Appendix "A" to this report. One principle of development is that a landscape plan for the entire plan of subdivision be submitted that includes such things as fencing, landscaping and other buffer treatments. Also, a review of the location and design of the proposed townhouses and industrial buildings be completed through the site plan approval process.

Background:

Proposal:

The subject property is currently occupied by the MacMillian Bloedel lumber yard which will be closing its operation in 1999. The proposal is to permit a plan of subdivision consisting of single detached dwellings, freehold townhouse units and a full range of industrial, commercial, institutional and other uses which are permitted in the M1 zone.

The non-residential component will consist of uses which came out of the Industrial review (UD03-IRS and UD43-IND) adopted by North York Council in 1997. The location of the various uses as proposed by the applicant is shown on Schedule "C". The North York Council established a range of industrial uses and specific requirements, such as fencing and setbacks, that are considered appropriate and compatible with adjacent residential uses. This application conforms to these standards. The intent of the city's new M1 zone is to allow for future industrial uses along the "edge" of residential uses while minimizing land use conflicts on neighbouring residential properties. A list of the uses permitted is attached as schedule "K".

The pertinent statistics are as follows:

Location and Existing Site:

The site is located south of Highway 401, on the north side of Oak Street, east of Weston Road between the Canadian Pacific Railway line and Galewood Drive. The site is located in the Pellatt Avenue Business Park and is occupied by a manufacturing operation, MacMillian Bloedel. Residential uses such as semi-detached dwellings and single family dwellings are located to the east and southeast of the site. Pellatt Park is located to the north of the site.

There are existing industrial uses to the south and west. In particular, across the street is the Visioneering Corporation, which is a stable and viable manufacturing operation.

Official Plan and Zoning:

The lands are designated Industrial (IND) and zoned M2(56)(Industrial Zone Two Exception (56)), permitting primarily industrial employment uses.

This Official Plan amendment requests a redesignation of the lands from IND to Residential Density Two (RD2) for the single detached and freehold townhouse portion of this proposal. An amendment to the Official Plan to Local Open Space (LOS) is also recommended for the lands which will be conveyed for park purposes. The proposed industrial portion of the site will retain an Industrial (IND) designation.

The zoning amendment application requests a change in zoning from M2(56) exception zone to an R7 exception zone for the single family detached dwellings (Lots 1 to 80 inclusive), RM2 Exception Zone for the townhouses, O1 for the proposed parks and M1 for the industrial uses.

The Official Plan designation and zoning of this site and surrounding land uses are shown on Schedules "A" and "B".

Comments:

Other Department Comments:

The following section summarizes the comments received from the departments and agencies circulated.

The Parks and Recreation Division advise that the applicant will be required to convey 5 percent parkland on site. The location of the park will be determined through discussions with the applicant and the Parks and Recreation Division. The principles for determining the location of the park are described in Appendix "A" to this report. The Department's comments are attached as Schedule "F".

The Transportation Services Division of the Works and Emergency Services Department advise that they concur with the findings of the traffic impact study submitted by Cole Sherman and Associates which concludes the proposal will not significantly impact the existing road network. (Refer to Schedule "H").

Technical Services of the Works and Emergency Services Department advise that they will be comment with conditions of draft plan approval. (Refer to Schedule "G").

Canadian Pacific Railway advise that the applicant is required to meet their standard requirements that apply to residential developments that are adjacent to existing CPR lines. These requirements include a non-development zone of 30 metres adjacent to their railway right-of-way which is included in the zoning recommendations (Refer to Schedule "I").

Community Consultation:

A community meeting was held on June 25, 1998 with the local councillors and a number of land owners from the area in attendance. The main issue discussed was with regard to the road design. The local ratepayer association, Pelmo Community Park Community Association, has stated in a letter to the applicant that they prefer a site design which does not extend any new street through to Pellatt Avenue. The proposed road design that has been submitted with the applicant's subdivision application does not extend Pellatt Avenue (Refer to Schedule "E").

Discussion:

Change in Land Use from Industrial to Residential:

Part C.4 - Housing Policies sets out criteria to guide the redesignation of non-residential lands to residential. Council may consider applications to redesignate lands to residential within the broad context of the City's need for additional housing and the provision of community services and facilities. Council may consider amendments that propose redesignation when, in Council's opinion, community services and facilities are in place or can be provided to serve the population and when the cumulative impact of the residential use does not have an undue negative impact on existing community services and facilities.

Council may consider applications to redesignate non-residential to residential when

• there is a demonstrated need to improve or rejuvenate areas due to economic obsolescence or physical or economic decline; or

• the introduction of residential land uses will not jeopardize the continued viability of commercial, industrial, institutional and open space land uses.

These criteria are in addition to the general development criteria set out in Part C.4 of the Official Plan.

The proposed change in land use from industrial to residential to permit the residential component of the development is consistent with recent Official Plan redesignations of comparable proposals. The redesignation will not jeopardize the continued viability of this area. The boundaries for change are logical, form an extension of an existing residential community to the east and can create a well defined edge between residential and non-residential uses. A similar development was constructed to the south at Queenslea Avenue and Rosemount Avenue which consisted of single family dwellings constructed on similar sized lots along the rail line next to a new townhouse development. Given the scale of the project and the proposed expansion of Pellatt Park, the community service needs of the new residents can be met with existing resources.

The proposed low impact industrial component of the development along the Oak Street frontage provides for a suitable transition between the existing industrial uses across the street and the proposed residential development. The industrial uses under the new M1 zone proposed for this site are designed to provide a compatible relationship with adjacent residential uses as concluded in the recent industrial review.

The owner of 'Visioneering' a nearby manufacturer of lighting equipment at 35 Oak Street, has submitted a letter regarding this application ( Refer to Schedule "J"). They have two general concerns, both of which are addressed in the Principles of Development for Conditions of Draft Approval for this site. The first consideration is with the flow of residential and non-residential traffic in this area. This is a site plan matter which will be addressed through site circulation, access and egress controls associated with the new subdivision. The second general consideration is with limitations which could be placed on Visioneering's operations as a result of more stringent vibration and noise controls. Noise and vibration amelioration will be the responsibility of the applicant developer and the requirements for noise abatement and vibration control will be secured through the execution of a subdivision agreement. There will be discussions with the representatives of Visioneering and the applicant to ensure the approaches suggested address Visioneering's concerns. During the processing of the recently approved subdivision at Queenslea and Rosemount Avenue, Visioneering had similar concerns which were successfully addressed through the recommendations of a noise and vibration study and adjustments to the plan of subdivision.

Built Form and Zoning:

To accommodate the proposed subdivision layout the applicant has requested amendments to the City's zoning provisions. The requested performance standards are comparable with other infill residential proposals. The tables on Appendix "B" compare the proposed zone standards with recently approved R7 and RM1 zone standards in this general area of the city. A discussion on the proposed zoning for the single family detached dwellings, townhouses and industrial uses is set out below.

Single Family Detached Dwellings

The proposed single family dwelling lots are similar in size with respect to lot frontage and lot area as the zoning requirements for an R7 zone. Amendments to the R7 zone occur with respect to front yard setback, rear yard setback, side yard setbacks and height and length of dwelling. The R7 by-law requirements and recent approvals for similar subdivision applications and the applicants proposal are shown on Appendix "B".

The main portion of the dwelling will have a front yard setback of 4.5 metres. The garage portion will be setback 6 metres from the front property line in order to accommodate a front yard parking space. The front yard setback reduction is minor. On site parking is not affected and can be accommodated within the driveway. The reduced side yard setbacks and increased lot coverage provisions are comparable with the recent approval of the subdivision at Queenslea and Rosemount Avenues. This ensures similar sized houses, consistent with the residential neighbourhood to the east, all of which can be accommodated on smaller lots.

The applicant has requested a dwelling height of 3 storeys and 12 metres. This height is not consistent with the maximum heights of the existing dwellings to the east. A maximum building height of 8.8 metres and 2 storeys, as normally required in the R7 zone, is in keeping with the character of the houses to the east while ensuring overview from new development onto the existing properties is minimized. It is therefore recommended that the maximum building height for single family detached dwellings be 8.8 metres and two storeys.

As part of the grading analysis of the draft plan of subdivision, the Department will review the single family lots on the draft plan to the west of Street "A" as shown on Schedule "C" . These small lot singles are adjacent to proposed townhouses which have a maximum building height of 3 storeys and 9.2 metres. The grading analysis will look at the incorporation of below grade garages and the calculations of on the ground building height in real and in technical zoning terms. If as a result of this analysis, there are additional built form considerations which could accommodate an increased height for these homes, we will report further on these opportunities later.

The applicant has requested a rear yard setback of 6 metres and a building length of 17.5 metres. This is not consistent with the R7 zone or with recent Council approvals for similar subdivision applications in this area. In addition, at the time of construction for a majority of the existing homes to the east, the by-law rear yard requirement was 7.5 metres. Given the existing built form in the area and the provision of a reduced front yard setback, it is recommended the minimum rear yard setback of 7.5 metres be required. A maximum length of dwelling of 16.5 metres will ensure new development is consistent with similar dwellings in the area.

Townhouses

The proposed townhouse dwellings have a similar lot frontage and building height as the zoning requirements for an RM1 zone. Amendments to the RM1 zone occur with respect to lot area, lot coverage, front, side and rear yard setbacks and distance between buildings. The RM1 by-law requirements, recently approved for townhouses in a development at 665 Trethewey Drive and the applicant's zoning application proposal are compared in Appendix "B". The comparison is strong.

The proposed reductions to the lot area, front yard and side yard setbacks are consistent with the recently approved townhouses. The garage portion of the building will be setback to 6 metres permitting parking in the front yard. The 40 percent coverage will be fitted into the lot through the site plan approval process. The reduction to the distance between buildings requirement to 3 metres is minor. This results in a compact townhouse built form which will be subject to the full array of site plan considerations and can accommodate a good living space within an economy of land.

The rear yard setbacks are recommended to be 7.5 metres, consistent with that recommended for the single family detached dwellings.

Industrial Lands

The proposed industrial lands, which front onto Oak Street, are to be rezoned to the new M1 (Industrial Zone One) zoning of the by-law. The range of uses permitted within the new M1 zone are the result of a city-wide review of industrial standards and economic development considerations. The range of uses is broad enough to encourage full investment and the industrial manufacturing uses are limited and restricted to those which can successfully abut a residential area. The intent of the new zone is to stabilize these transition areas. Refer to Schedule "K" for the M1 zone uses and regulations.

The zone will act as an appropriate transition area between the existing industrial uses to the south and the new residential development to the north.

Subdivision Design:

Attached to this report are Principles of Development which are appropriate to this site and which will be implemented through specific conditions of draft plan approval. These give direction for the laying out of the subdivision, and the various engineering, environmental and subdivision design requirements. They also speak to the need for on-site parkland and further site analysis. All of these conditions can be perfected within the general context of this report's official plan and zoning recommendations.

The applicant has requested a reduced road allowance of 18.5 metres for the proposed roads within the draft plan of subdivision. Council policy requires a road allowance of 20 metres. The applicant's request will be reviewed with the transportation, public works and utilities staff. The size of the road will be a condition approval. A full lot analysis of what can be accommodated with the road network to be draft approved will be done prior to the enactment of any zoning by-law for the various uses in the plan.

Urban Design:

The applicant has indicated that the proposed buildings are to be located in a manner which will provide a strong streetscape presence along Oak Street as well as the proposed interior streets. Parkland is proposed both at the northwest and southeast corners of the site respectively. The park will provide an extension to the existing park to the north. The park located at the southeast periphery of the site will provide an alternate park opportunity which will also create an attractive gateway entrance into the site.

To ensure that the development provides an appropriate relationship to the adjacent streets and land uses it is recommended that prior to the registration of the Plan, the owner shall agree in the Subdivision Agreement to submit a landscape plan to the satisfaction of the Director of Community Planning for the entire site. The landscape plans will include, but not be limited to, the site plan information as well as grading (including cross sections), plant materials, walkways, walls, fences and the design of all site amenities. The landscape plan will include an appropriate buffer treatment along the east and west peripheries of the site as well as the appropriate treatment of the existing and proposed street frontages.

Soil Condition:

The environmental site assessment reports that have been submitted in support of the application have been evaluated by a peer review consultant retained by the City. The peer review report concurs that the site is suitable for the proposed mix of uses. The suitability of the soil conditions to accommodate the proposed residential and park land uses should be verified by a record of site condition at the appropriate time, and acknowledged by the Ministry of Environment prior to the issuance of any building permit. Copies of the consultants reports are available within the Planning Department.

Conclusions:

The proposed mixed use development is an appropriate use of the lands. The boundaries for change are logical, form an extension of an existing residential community and will create a well defined edge between residential and non-residential uses. The residential development is similar to the recently approved and constructed subdivision to the south at Queenslea and Rosemount Avenues. The recommended zoning standards ensure development remains consistent with existing land uses in the area and recent Council approvals for similar developments.

The recommended M1 zone provides the appropriate transition between the existing industrial uses to the south and the proposed residential development to the north. The recent industrial review has determined that the uses in the M1 zone are compatible with adjacent residential uses.

Contact Name:

Randy Jones, Planner

Telephone: (416) 395-7137

(A copy of the Schedules, Appendices and Principles of Development referred to in the foregoing report is on file in the office of the City Clerk, North York Civic Centre.)

________

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

(a)(November 23, 1998) from Mr. Paul Acerbi and family advising of their concerns with the application.

(b)(November 19, 1998) from Visoneering Corp., advising of their concerns with the application; and

(c)(December 2, 1998) from P. Anderson, President, Pelmo Park Senior's Club, advising that at an executive meeting held on December 1, 1998, the Pelmo Park Senior's Club adopted a motion to approve in principle, the development proposed for the subject lands.

A staff presentation was made by Mr. R. Jones, Planner, Community Planning, North District.

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

-Mr. Robert Cover, who expressed concern with Pellat Avenue being extended and the existing cul-de-sac being opened to vehicular traffic. He was also concerned with the adequacy of the existing infrastructure in light of the redevelopment occurring in the area.

-Mr. David Zimmerman, Satin Finish Hardwood Flooring Ltd., who expressed concern with the proposed change in use from industrial to residential and potential objections by future homeowners to existing industrial uses in the area. He suggested that adequate buffering be provided between his site and the proposed development.

-Mr. Bill Wiener on behalf of Visioneering Corp., who expressed concern with the proposed changes to the Official Plan and zoning of the subject property. During his submission he indicated that their plant was located in the former City of Toronto and they were encouraged to relocate and move to their current location in North York. They were also assured at that time that the zoning in this area would remain Industrial. Given the fact that they have encountered problems in the past and have had to spend considerable money in order to alleviate the concerns of existing residents regarding noise and vibration and in order to comply with the Ministry of the Environment standards, they were concerned that the proposed residential development would restrict their ability to expand their manufacturing operation. The installation of any additional equipment would mean incurring additional prohibitive costs in obtaining and installing vibration suppression structures and equipment. In concluding he stated that unless the onus on them is removed, they would have to object to the application.

-Mr. Pat Anderson, on behalf of the Pelmo Park Senior's Club, who spoke in support of the application. During his submission he requested that a retaining wall and fence be provided next to his property by the applicant.

-Ms. Kris Menzies, on behalf of the applicant, Bearpoint Group Inc., who addressed the concerns raised. She indicated that the applicant would be willing to continue discussions with Mr. Wiener, the property owner of 35 Oak Street. She also commented on the request for a retaining wall and fencing.