15 Robina Avenue

Zoning By-law Amendment Application

G. Bettencourt Designs Ltd.

Ward 28, York Eglinton

The York Community Council, based on the findings of fact, conclusions and recommendations contained in the Supplementary Report dated February 9, 1999 from the Director, Community Planning, West District, and for the reason that the proposal is an appropriate use of lands, recommends that the Zoning Amendment Application submitted by G. Bettencourt Designs Ltd. be approved, subject to the conditions outlined in the referenced report.

The York Community Council also reports, for the information of Council, having requested the Director, Community Planning, West District, to consult with the applicant and the deputant, in an effort to resolve the issue of fencing on the property at 15 Robina Avenue, through the Site Plan approval process; and to provide the applicant and the deputant with proper notice when arranging future meetings.

The York Community Council reports, for the information of Council, having held a statutory public meeting on December 9, 1998 which was continued on February 17, 1999, in accordance with Section 34 of The Planning Act, and that appropriate notice of this meeting was given in accordance with The Planning Act and the regulations thereunder.

The York Community Council submits the following Supplementary Report (February9,1999) from the Director, Community Planning, West District:

Purpose:

To report on revisions to the proposal following consultation with the applicant, as directed by Community Council, to address an increased front yard setback and less height and density for the units closest to the existing community.

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:

(1)the recommendations contained in the staff report dated October 26, 1998, be approved;

(2)further refinements be made to the revised proposal to address urban design issues noted in this report as part of the Site Plan Approval process while reflecting a development that is substantially in accordance with the revised plans; and

(3)the appropriate City officials be authorized and directed to take the appropriate action to give effect thereto.

Background:

At a Planning Act Public Meeting on December 16, 1998, York Community Council considered our planning report recommending approval of an application to amend Zoning By-law 1-83 to permit the development of four semi-detached dwellings at 15RobinaAvenue, and heard deputations on the proposal. The Community Council adopted a motion to:

1.Defer consideration of the matter to its January 20, 1999 meeting;

2.Direct the Director of Community Planning, West District, to consult with the applicant in the interim and to report back on a graduated proposal from a design perspective, with the units closer to the community having less height and density; and that this report be forwarded to the community and the applicant, when available;

3.Receive the deputations.

Comment:

Deputations received by Community Council at the Public Meeting expressed objections to the proposal based on concerns regarding:

-height, as it creates shadow impact and loss of view from the south facing windows on the existing two storey dwelling house abutting on the north;

-shallow front yard setback as it contributes to loss of view and light for the abutting property to the north;

-narrow side yard width as it can impede access to the rear yard of the property abutting to the north;

-size and design of the semi-detached dwellings with built-in garages, small elevated porches with a prominent front stair feature and a minimal green front yard area as this is not in keeping with the style and character of existing older dwellings in the neighbourhood.

Consultation with the Applicant:

As directed, Community Planning staff consulted with the applicant. In response to the concerns raised at the public meeting, the applicant has submitted revised plans which lower the height of the north pair of semi-detached units by providing sloped driveways to slightly depressed garages. The slope does not exceed the maximum 6 percent gradient as required by the Zoning By-law. The northerly two pairs of semi-detached houses have also been set back a further 1.52 metres (5 feet) from the 4.5 metre (15 feet) setback from the front lot line originally proposed.

The additional setback allows more sunlight to penetrate the adjacent side yard and south facing windows at 19 Robina Avenue. Revisions have not been made to reduce density or increase side yard setback as the applicant and staff view the proposed built form and side yard setbacks compatible to the existing built form in the neighbourhood. A revised Site Plan and a revised Elevation Plan is attached as Appendix 1 and Appendix 2, respectively.

Urban Design staff within the Community Planning Division have commented that the original plans reflected a scale of development that was generally sympathetic to the neighbourhood. They have indicated that new trees of significant caliper should replace the large tree proposed to be removed, further detailing of the front brick elevation, detailing driveways with interlocking pavers, and maximizing the planting opportunities along the streetscape should be considered at the Site Plan Approval stage. Subject to these considerations the revised plans are acceptable to Urban Design staff.

It is recommended that further refinements to the proposal to improve urban design issues while reflecting a development that is substantially in accordance with the revised proposal be addressed through Site Plan Approval. The revised proposal does not necessitate changes to the proposed By-law.

Conclusion:

The applicant has set back the proposed semi-detached houses further from the front lot line to allow more light to penetrate the side yard between 15 and 19 Robina. The height of the proposed semi-detached houses has also been reduced to reflect the height of the adjacent house. Planning staff have no objections to the proposed changes and recommend approval of the application and draft zoning by-law, as set out in the report dated October 26, 1998.

It is also recommended that further refinements to the proposal to address urban design issues noted in this report while reflecting the development substantially as set out in the revised plans attached to this report, be addressed through Site Plan Approval.

Contact Name:

Wendy Johncox, Senior Planner

York Civic Centre

Tel:394-2868

Fax:394-2782

APPENDIX 1: REVISED SITE PLAN

APPENDIX 2: REVISED ELEVATION

The following persons appeared before the Community Council on February 17, 1999 in connection with the foregoing:

-Ms. Coreen Morrison, who expressed concerns regarding the height of the semis, that the land to the south slopes down and those units are higher than her property, and are in fact on a much larger scale, requested that they be lowered to be more in keeping with the scale of the existing buildings, her property is a duplex with tenants whose view and sunlight would be obstructed by looking at a brick wall, the space between the properties is also very restrictive and is concerned for safety in view of the limited access for emergency vehicles, requested that the townhouses be pushed back or lowered,the steps at the front should be more in keeping with the neighbourhood, there are also the issues of privacy and noise as her bedrooms are at the rear and the windows are opened during the summer months; and has been trying to work with the applicant and the City to reach an agreement.

-Mr. Greg Bettencourt, Applicant, advised that application has been revised in an effort of compromise, the development in terms of its use and size are desirable with the existing uses and will improve the neighbourhood, revisions have been made in that two pairs of semis have been set back a further 5 feet.

The York Community Council also submits the following report (October 26, 1998) from the Director, Community Planning, West District:

Purpose:

To consider a proposed amendment to Zoning By-Law No. 1-83 for the property at 15 RobinaAvenue to change the zoning from LCR-Local Commercial Residential to R2-Residential Zone to permit the development of semi-detached dwellings.

Funding Sources, Financial Implications and Impact Statement:

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

Recommendations:

It is recommended that:

(1)the application be approved, subject to the holding of a Planning Act Public Meeting to obtain the views of the community;

(2)the York Zoning By-Law No. 1-83 be amended in accordance with the draft Zoning By-Law Amendment attached as Schedule 1 to this report.

Background:

Proposal:

The applicant is proposing to demolish the existing building and construct 8 (4 pairs) semi-detached houses, each on their own lot with a height of 3 storeys and a built in single car garage at grade. Four of the lots and 2.3 metres of the fifth lot, will be in the former Cityof York, and the remainder will be in the former City of Toronto. (See Appendix 2: Site Plan and Appendix 3: Elevations).

Project Details:

Total Site Area1.6 ha3.95 ac

York Site Area0.97 ha 2.4 ac

Total Gross Floor Area1,520 m²16,361 ft²

York Gross Floor Area 922 m²9,924 ft²

Dwelling Unit Gross Floor Area203.9 m²2,195 ft²

Density 0.95 fsi

Units 4+portion

Parking

Required1 per unit = 4

Provided1 per unit = 4

Green Landscaped Open Space14 percent

percentage of Front Yard

Site and Surrounding Area:

The application site is located north of St. Clair Avenue West on the east side of RobinaAvenue and is part of a larger site that extends into the former Cities of York and Toronto. The entire site has a frontage of 47.9 metres (157 feet) and an area 1.6 hectares. The York portion has a frontage of 24.4 metres (80 feet) and an area of 0.97 hectares. A two storey vacant building, previously used by the YMCA for social and recreational programmes, currently is located on the site. (See Appendix 1 - Site Location Map)

Uses surrounding the site are as follows:

North:Single detached dwellings

East:Food Store and associated surface parking lot

South:Commercial building on St. Clair West

West:18 storey apartment building

Comments:

Official Plan and Zoning By-Law:

The site is designated Mixed Use Commercial and Residential in the Official Plan which permits residential uses in single use or mixed use buildings. The site is zoned LCR - Local Commercial Residential in York and MCR - Mixed Commercial Residential in Toronto. Both former municipalities allow commercial uses and a variety of residential uses in these zones. However, York zoning does not allow semi-detached houses in LCR zones, therefore a rezoning is required to permit the development. The Toronto portion does not require rezoning but will require approval of variances to zoning regulations by the Committee of Adjustment. The application has not yet been made.

Departmental Comments:

Works and Emergency Services requires the owner to bear the cost of extending the existing municipal sewer and watermain to service this site, and to submit a grading plan to show all storm run-off draining to the street. These matters will be addressed through the Site Plan approval processes.

A provision has been included in the draft zoning by-law (See Schedule 1) to require that no building shall be erected on the lands unless a municipal sewer and watermain, located within the RobinaAvenue road allowance, are available to directly service the lands.

The Community Services Department and Fire Services have no comments.

The Toronto and Metropolitan Toronto Separate School Boards, the Buildings Section and Health Department have not responded and therefore have no comment on the matter.

Evaluation:

(a)Compatibility with the Neighbourhood

Location to the north of the site is a well established stable low density residential area comprised of detached houses. Directly west of the site is an 18 storey apartment building and to the east is a supermarket. Mixed commercial and residential uses line both sides of St.ClairAvenueWest to the south. This site serves as a transition area between the mixed use zone and the low density residential area to the north.

The traffic impact resulting from the development will be minimal. Existing services in the area are sufficient to meet the needs of the new residents. There appears to be little or no impact from this small residential infill project which is compatible with surrounding uses.

(b)Former Zoning By-Law No. 1-83 and City of Toronto requirements

Both former municipalities require a lot frontage to be a minimum of 6.0 metres for a semi-detached dwelling. The proposed internal proposed lots for are each 5.486 metres (18feet), and the ends lots are: York 5.663 metres (18.6 feet) and Toronto 5.692 metres (18.75 feet). The alternative of slightly smaller lot widths to permit this infill development is acceptable.

That portion of the proposed project located in the former City of Toronto will require the Committee of Adjustment approval to permit a minor variance to lot width and to permit the proposed built-in garages which are not permitted by the City of Toronto MCR zoning.

The draft by-law permitting the proposed development in the former City of York is structured in such a way as to allow for some flexibility so that if the Committee refused, or required alterations to the plans, the York by-law would not require further amendment.

Appropriate development standards regarding floor space index, building setbacks, and landscaped areas to permit this development are included in the draft by-law attached as Schedule 1.

Conclusions:

The proposed semi-detached houses are in keeping with the character of the area. The application is compatible and appropriate for the site and is recommended for approval. Site Plan Approval is required for the portion of this project in the former City of York. Future Committee of Adjustment consent approval will be required to enable conveyance of each semi-detached dwelling and lot.

Contact Name:

Wendy Johncox, Senior Planner

York Civic Centre

Tel: 394-2869 Fax: 394-2782

SCHEDULE 1 - DRAFT ZONING BY-LAW

BY-LAW NO.

To Amend former City of York By-law No. 1-83

Re: 15 Robina Avenue

WHEREAS authority is given to Council by Section 34 of The Planning Act, R.S.O. 1990, c.P.13, as amended, to pass this By-law; and

WHEREAS the Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with The Planning Act;

The Council of the City of Toronto, HEREBY ENACTS as follows:

SECTION 6 - AMENDED

1.THAT Section 6 of the former City of York Zoning By-law No. 1-83, as amended, is hereby further amended by adding thereto the following new Subsection (56):

"(56)MAP 15

By changing the area shown on District Map 15, comprising the lands described in Schedule "A" hereto, from an LCR District to an R2 District and by amending District Map 15 accordingly."

SECTION 16 - AMEN DED

2.THAT Section 16 of the former City of York Zoning By-law No. 1-83, as amended, is further amended by adding the following new Subsection (379):

"(379)15 ROBINA AVENUE

Notwithstanding the provisions of Subsections 3(a), 3(c) and 3(d) of Section 8 of this By-law, the lands municipally known as 15 Robina Avenue, which lands more particularly described in Schedule "A" hereto, may be used for semi-detached houses permitted under Section 8 of this By-law, subject to the following conditions:

(a)The minimum lot frontage shall be 5.4 metres;

(b)The minimum side yard width shall be 0.6 metres;

©The maximum floor space index shall be 0.95;

(d)The maximum height of the building shall be 11.0 metres with not more than 3 storeys;

(e)A minimum of 14 percent of the area of the front yard, excluding the area covered by any porch, verandah, deck or balcony shall be green landscaped open space. No portion of the required green landscaped open space may be used for the parking of motor vehicles;

(f)The portion of the residential building containing a private garage shall not be constructed more than 0.6 metres closer to the front lot line than that portion of the residential building that does not contain the private garage;

(g)No building shall be erected on the lands described in Schedule "S" hereto unless a municipal sewer and watermain, located within the Robina Avenue road allowance, are available to directly service the said lands; and

(h)All other provisions of this By-law shall continue to apply except in cases when those provisions are in conflict with the provisions and Schedule of this Subsection, in which case the provisions and Schedule of this Subsection shall prevail."

3.SUBJECT to the provisions of Section 34 of The Planning Act, R.S.O. 1990, Chapter P.13, this By-law shall come into force and effect on the date of its passing.

ENACTED and PASSED this day of , A.D. 1999.

SCHEDULE 'A'

to City of Toronto By-law No.

and to Subsection (56) of Section 6 and Subsection (379)

of Section 16, of Zoning By-law No. 1-83.

Lot on Registered Plan 2317, save and except for the northerly four feet six inches throughout from front to rear of the said Lot 17, in the City of Toronto (formerly the City of York), registered in the Land Registry Office for the Land Registry Division of Toronto (No. 64).

APPENDIX 1 - LOCATION MAP

APPENDIX 2 - SITE PLAN

APPENDIX 3 - FRONT ELEVATION

APPENDIX 3 - SIDE ELEVATION AND REAR ELEVATION

APPENDIX 3 - FRONT ELEVATION - ALL UNITS

The York Community Council on December 9, 1998, also had before it the following communications:

(I)(November 27, 1998) from Ms. Coreen Morrison, Toronto, expressing objections to the proposal based on the following:

-the height - as shown on the front elevation the semis will be substantially higher than her property and any others on the street; the houses in particular semis 1 and 2 at the north end of the proposal, will completely block all view from her southern windows and further block all direct sunlight from the south exposure of her property; and requesting that the applicant revise the proposal to reduce the height; suggesting that they be lowered by placing the garages below grade and pushing the buildings back easterly from the lot line to maintain source of light and view; requesting that the City require the applicant conduct a shadow study of the effects of this proposal on her property, prior to approval;

-side yard width and access to rear yard - the proposed side yard setbacks appear to be much less than presently allowed; if the semis are located as indicated, there will no longer be access to her rear yard from the front of the house; if a fence is erected as proposed, this will leave only two feet and one inch of space between her property and the fence, severely impeding ability to travel over the southern portion of her property; and suggesting the relocation of the semis to the east;

-compatibility of the garages - no other homes on this portion of Robina Avenue have garages protruding from the front, all garages are at the rear and accessed by driveway; the proposed garages at grade are of a very prominent design and suggested that they be lowered;

-compatibility of the front steps - the steps are a prominent feature, they are elevated and could become catch basins for blowing debris; other houses on the street have front porches with steps at street level; suggested that the steps be lowered along with a small porch or awning/railing to improve the appearance and maintain compatibility with the other homes;

-privacy/noise concerns - if semis #1 and #2 are building according to the proposal, her bedrooms will overlook their backyards; concerns regarding noise levels; suggested that the semis be built further east of the lot;

-compatibility of semis with the existing neighbourhood - there are no semi-detached dwellings on this block of Robina Avenue; all the existing properties are detached homes; any development should strive to preserve the style and character of the existing neighbourhood.

(ii)(December 9, 1998) from Ms. Susan Howieson, Toronto, advising of support for the proposal in principle, and stating that:

-the removal of a large, established tree on the property would not only significantly alter the aesthetics of the street, but it would also affect property values;

-the size of the buildings is inconsistent with other houses on the street in terms of its closeness to the sidewalk and its height;

-the current design is very different from the other houses;

-the buildings should be the same height and setback from the sidewalk, the same distance as the other established houses on the street; and there should also be a front yard area.