Principles of Development Report - Zoning Amendment Application

UDZ-98-13 and Draft Plan of Subdivision Application UDSB-1238 -

Glenarda Properties Ltd. - 20 Bond Avenue - Don Parkway

The North York Community Council recommends that:

(1)the following report (April 14, 199) from the Acting Director, Community Planning, North District, not be adopted;

(2)that the Zoning Amendment and Draft Plan of Subdivision application, submitted by Glenarda Properties Limited be refused and the lands retain their current industrial designation and zoning of Industrial Zone One (M1); and

(3)to prepare for the Ontario Municipal Board hearing, that the City Solicitor be directed to report to the North York Community Council on the retention of consultants as may be necessary to defend the City's position.

Purpose:

This report recommends that the application to amend the Industrial Zone One (M1) uses on the property located at 20 Bond Avenue to permit live/work uses not be approved. This report establishes Principles of Development which direct that the current applications be revised to include an official plan amendment to redesignate the lands to Residential Density One RD1 with appropriate limited residential intensification zoning and a re-configured road network.

The applicant has referred the applications to the Ontario Municipal Board. A pre-hearing conference has been scheduled for May 17, 1999. Council should have an adopted position for the purposes of this pre-hearing.

Recommendations:

It is recommended that:

(1)the application to amend the Industrial Zone One (M1) uses on this property to permit live/work uses not be approved;

(2)the current application be revised:

(a)to amend the Official Plan to redesignate these lands as Residential One (RD-1) with a part C.9 specific Development policy to permit limited residential intensification of 34 units per hectare (14 units per acre) as may be appropriate;

(b)to revise the application for draft plan approval to reflect the re-configured road network shown on the attached Schedule "D1";

(c)to revise the application for draft plan approval and rezoning

-to provide a mix of one family detached and semi-detached dwellings;

-to generally meet the zoning standards of the R6 and RM2 zones as appropriate; and

-to permit limited home occupations only on those properties which front on Scarsdale Road or abut lands zoned M1 subject to the applicable parking standards for the accessory use; home occupations are limited to professional office and professional business office; and

(d)to revise the application for draft plan approval to meet the conditions of the Works and Emergency Services Department, Technical Services Division (Schedule "E");

(3)community consultation with the residents in the area and with the employment landowners on Scarsdale Road continue with the revised applications; and

(4)a final report on these applications be prepared with appropriate conditions of approval when the applicant has perfected their revised applications and that staff give Notice of a Statutory Public Meeting at the appropriate time.

Background

Proposal

The original rezoning and draft plan of subdivision applications submitted for this site were for a mixed use development consisting of 82 residential units (27 detached houses and 55 townhouses), stand alone office uses and park land for a total FSI of .90. The size of the proposed park was 0.04 hectares (0.1 acres). The single detached dwelling units were to be located along the west side of the site, adjacent to the single detached dwelling lots on Charnwood Road and fronting on to Bond Avenue. The interior of the site was for multiple attached townhouse units. Each of the residential units were to be designed to include a dedicated work space as an accessory use to the main residential living area. The commercial office building proposed for the Scarsdale Road frontage proposed independent office uses as well as support services for the home based office space and sought to maintain a strong employment presence on the site. It is this original application which is before the OMB.

The following table provides statistics for the site.

An official plan amendment application was not submitted because the application was submitted under the Industrial policies in the official plan which permit applications for live/work subject to specific development criteria.

Revised Proposal:

After considerable community consultation, the application was revised. The revised proposal has evolved from a live/work development concept to a more traditional style of housing. The revised application proposes a zoning by-law amendment and the subdivision of the site in order to permit a development consisting of 14 single detached dwelling units and 68 semi-detached dwelling units (total 82 residential units), and park land uses as shown on Schedule "C". The single detached houses would be located adjacent to the west of the site, nearest to the existing residential properties on Charnwood. The semi-detached units would front onto a new internal road network and onto Bond Avenue and Scarsdale Road.

Each of these residential units would be designed to include a dedicated work space such as an office. The work space would be a separate area in the residential unit and function as an accessory use to the main living area. The stand alone office building was deleted.

The following table provides revised statistics for the site.

Planning Controls:

Official Plan

The site is currently designated Industrial which permits employment (Schedule "A") up to a Floor Space Index of 1.0. Industrial areas are intended to accommodate a wide range of industrial and other employment uses.

Official Plan policies affecting this site are found in Appendix "A".

The Metropolitan Toronto Official Plan identifies Metropolitan Industrial/Employment Areas to meet its objective of maintaining a sufficient supply of industrial lands and a diversity of employment necessary to enhance Metropolitan Toronto's economic competitiveness. The subject lands have not been identified as part of the inventory of Metropolitan Industrial/Employment Areas.

Zoning

The site is zoned Industrial Zone One (M1) which permits employment uses (Schedule "B"). A zoning by-law amendment is required to permit the additional uses requested under this application.

Community Consultation

A community consultation meeting was held on October 19, 1998. Three working group meetings were subsequently held on November 23 and December 15, 1998 and February 22, 1999. A number of concerns were raised by those in attendance at the meeting, including the concept of live/work, density, built form, traffic, privacy, precedent of use, and the ability of services in the area to accommodate development. A summary of the comments raised by the community are attached as Schedule "L". A copy of all of the submissions made are available for viewing in the Planning Department and will be available at the statutory public meeting. The issues raised by the community are addressed in the Discussion section of the report. Staff have also met with members of the Don Mills Residents Inc. and with several residents on Charnwood Road.

A final working group meeting was convened on February 24, 1999 at which time the revised plan for the site was presented.

In response to community concerns, the revised plan was submitted which no longer includes townhouses or the central office building. Further changes have also been made, such as increased lot frontages and setbacks generally increasing the residential character of the proposal closer in character with the abutting residential community.

Other Department Comments:

A summary of the comments received from departments and agencies circulated is included in Appendix "D". Only the Economic Development Division, Economic Development Culture and Tourism Department objects to the proposed redevelopment of this site. The comments of the Director, Business Development and Retention are attached as Schedule "K".

Economic Development cites the reinvestment which has occurred at 115 Scarsdale Road by Bell Express Vu and the reinvestment which has occurred at 75 Scarsdale Road by QUAD Engineering. The continued viability of these operations is important.

They assert the economic viability of the 20 Bond site should be upheld since it is one of only 6 properties over 5.0 acres available within the North York community

They have four concerns with this application:

• the limited supply of employment sites 5 acres or greater;
• the precedent of residential uses on Scarsdale Road encouraging more residential uses which could undermine the continued viability of Scarsdale Road for employment purposes;
• the erosion of the non-residential tax base; and
• the lack of credibility for the live/work concept and the lack of any policy in place which would provide the city with commercial assessment based on the live/work designation.

Within the context of the revised proposal they do not support the deletion of the commercial office block in favour of semi-detached dwellings. They anticipate truck/automobile conflicts on Scarsdale Road.

A discussion of the four areas of concern cited by Economic Development is found in Appendix "F".

Discussion

Location and Existing Site Analysis

The 2.3 hectare (6.0 acres) site is located on the northwest corner of Bond Avenue and Scarsdale Road, which is east of Leslie Street and south of York Mills Road on the edge of the industrial area. The site is occupied by a one storey older industrial building that was owned by Ingram and Bell Inc., which had specialty uses for office, production and storage with a customized building configuration designed to meet their specific needs. The site does not have exposure on a minor or major arterial road or highway.

Industrial uses are located immediately to the north and across the street east of the site. These are TelCom Equipment who refurbished used telephones, located directly north of the site at 30 Scarsdale Road (presently up for lease); Aztech New Media Corp., an office use, located across the street at 1 Scarsdale Road; and, Grenville Printing, located at 25 Scarsdale Road. Further north along Scarsdale Road is a mix of uses, including office, industrial, private schools and churches. Southwell Park is also located north of the site. Immediately to the west of the site and south of Bond Avenue are residential communities with single family detached houses. (See Schedule "N" for existing land uses.)

The site is located at the southern edge of an older Industrial area, bounded to the north by York Mills Road, the south by Bond Avenue and a residential community, the west by a residential community and to the east by the CNR line. The industrial area is bisected by Scarsdale Road which runs south from York Mills Road to Bond Avenue. Bond Avenue and Scarsdale Road are local roads. The Wrenthem Estate Business Park is located to the north and east of the Scarsdale Road industrial area, with the two areas being separated by a CNR line.

All of the lands within this area are designated Industrial, permitting a wide range of industrial and other employment uses at an FSI of 1.0. The zoning in the area is M1 (Industrial Zone One) and M2 (Industrial Zone Two) with the site at the corner of York Mills Road and Scarsdale Road zoned MC(H) (Industrial- Commercial Zone), all of which permit a variety of industrial and employment uses.

The character of the industrial area along Scarsdale Road is one of a mix of uses. Industrial users include private commercial schools, churches, offices, automotive uses and storage. A map of the existing land use on Scarsdale Road is attached as Schedule "D2". Scarsdale Road is reflective of the success of the original Don Mills Garden City concept which positioned low rise industrial/employment uses on large well appointed, generously landscaped lots immediately adjacent to very stable and desirable single family enclaves.

A 1997 survey of users in the Scarsdale Road industrial area, conducted by the Planning Department, yielded the following information about this industrial area:

-offices, warehousing and distribution uses were predominant,

-many businesses were tenants rather than owners who had been there less than 10 years, and

-businesses were moving elsewhere to accommodate expansion.

A 1997 Employment Survey of the Scarsdale Road area, also conducted by the Planning Department, identified the total number of employees as 1,607. The figures for 1997 by employment type are found below.

Historically, there has always been a mix of employment uses in this industrial area, as evidenced by employment figures dating back to 1983 (See Appendix "E"). There has been a decline in employment in the Scarsdale Road Industrial area since the 1993 survey was undertaken. The area was not surveyed in 1998, so further declines, such as the departure of Ingram and Bell Inc. with approximately 220 employees have not been documented. The predominant employment use on Scarsdale Road is not manufacturing and warehousing but is office, retail and other.

The Banbury Residential Community is adjacent to the Scarsdale Road industrial area. The neighbourhoods immediately west and south are designated Residential Density One (RD-1) which permits single detached dwellings, and semi-detached dwellings subject to certain criteria at a maximum density of 20 units per net hectare (8 units per net acre). The zoning in these residential areas is R4 (One-Family Detached Dwelling Fourth Density Zone) which permits one family detached dwellings. These areas are occupied by single detached dwellings with generously sized lots.

Community facilities and services in the area, including such uses as parks, schools, roads and servicing, are adequate.

Industrial Policy Review

In July 1996 Council adopted the report "Industrial/Employment Areas Study: A Discussion Paper" which examined trends and issues affecting the City's industrial/employment lands, explored future employment potential of the City's industrial lands and suggested steps the City take to reinforce their continued viability and attract new uses for these lands and existing buildings. The discussion paper identified North York Core Industrial/Employment Districts for the purpose of consolidating those lands best able to accommodate future industrial/employment growth while still providing land which has the flexibility to accommodate opportunities for new uses. The subject site was not identified as being part of the core Industrial/Employment lands. Those lands not included are still considered a valuable resource for the City. In those areas where continued industrial use of lands is no longer considered to be reasonable or appropriate, however, re-use for non-employment uses may be considered subject to a series of evaluation criteria. The Industrial review included the participation of staff from various departments, including Planning and Economic Development.

The City is undertaking an employment/industrial land strategy as part of the new Official Plan review. Redesignating this site at this time will not jeopardize this strategy.

Concept of Live/Work:

Live/work is an innovative concept which was introduced by OPA 443. It combines work with living space within the same unit. Dwellings which combine work with living space comprise live/work accommodation. There have not, however, been any applications for rezoning approved under the Industrial Zoning of a property for live work as described in OPA 443 since it has been adopted.

The Industrial Policies of the official plan indicate that dwellings are permitted in industrial areas as an accessory use provided they support and are compatible with the primary use of the land for employment purposes. Offices are permitted in all industrial areas provided the combined gross floor area for all offices on a lot does not exceed the lesser of 5000 m² or 0.5 FSI. Additional office development may be permitted along the edge of the industrial areas adjacent to residential areas.

On this site, the applicant has proposed that each of the residential units will have the capacity to have limited employment uses in the form of a home office. No more than 30 percent of the gross floor area of the dwelling unit will be permitted to be used for these employment uses. In addition, such uses can only be conducted by a member or members of the household who reside in the dwelling unit as their principal residence. It is clear, however, that the character of the application is predominantly (70 percent) residential rather than employment. Rather than a credible live/work proposal the evolution of the application, particularly as a consequence of the extensive community consultation, has increasingly taken on the character of a residential redesignation with an extensive component of home occupation permissions. Live/work in an industrial employment designation is not the same as home occupation in a residential setting. In the former, the employment use is predominant whereas in the latter the employment component is accessory.

For this site, there is an opportunity for home occupations in the dwelling units having frontage on Scarsdale Road and on the northern perimeter of the site.

Criteria for Redesignation for Residential Purposes:

The Criteria for the redesignation of industrial lands are set out in the official plan as follows:

Part C.8Section 5.3.0. Redesignation of Industrial Lands for Non-Industrial Purposes

Part C.4Section 6.0 Criteria to Guide the Redesignation of Non-residential Lands to Residential

Redesignation of Industrial Lands for Non-Industrial Purposes:

(a)the land proposed for redesignation should be on the periphery of an industrial area;

The subject site is located on the edge of the Scarsdale Road industrial area, bounded on two sides by residential uses. There are industrial employment uses to the north and across the street on the east side of Scarsdale Road. These are TelCom Equipment who refurbish used telephones, located directly north of the site at 30 Scarsdale Road, Aztech New Media Corp., an office use, located across the street at 1 Scarsdale Road and Grenville Printing, located at 25 Scarsdale Road.

The majority of lands along Scarsdale have been rezoned to M1 as part of the Industrial Review because of their proximity to the existing residential community. The west side of Scarsdale Road, and the property directly across the street at 1 Scarsdale Road have been zoned to M1. There are still two parcels on the east side of Scarsdale Road (25 and 31)which are zoned M2.

The total supply of industrial land in the Leslie/York Mills industrial area is 41 hectares (101.1 acres). The subject site is 2.3 hectares (6 acres) or 6 percent of the total land area of this industrial area. A 1997 inventory of serviced industrial land for the former City of North York, prepared by the Economic Development Centre, was 2,469 hectares (6,100 acres). The subject site represents 0.09 percent of the inventory. In the amalgamated City, this figure would be less. This indicates that this site, on the edge of an industrial area, does not represent a large portion of the City's industrial inventory.

(b)the proposed redesignation will not jeopardize the planned role and function of other land use districts nor set a precedent for further redesignations;

The proposed redesignation of the site will not jeopardize the planned role and function of the remaining industrial area for the following reasons:

-the site is located on the periphery of the industrial area, not in the middle of employment uses, reducing the opportunity for conflict;

-the City has not received any other applications to redesignate lands in the area for residential uses; and

-OPA 443 broadened the types of employment uses permitted, putting less pressure on employment lands to be redesignated.

The proposed designation will not jeopardize the role and function of the residential land use district because there are adequate community facilities and services to support new residential development.

In order to further discourage interior redesignations, the subdivision road network should be revised to create a block along the northern perimeter of the site which under the current application is an open sided road allowance inviting more residential development on the adjacent property. Having development lots turning their backs to the existing industrial use to the north, will increase the self-sufficiency of the redevelopment area to be defined separately from the employment area and will minimize the opportunity for this abutting property to also be redesignated creating a domino effect up the street.

(c)the new land uses will not negatively impact the viability and stability of any of the remaining industrial lands in the long term;

Being located on the edge of the industrial area, and having road access to Bond Avenue, means that access and traffic on Scarsdale Road is minimized. The area has a mix of industrial uses, some of which (churches, private schools, storage units) could be supported by residential uses.

The industrial employment policies have been opened up to permit a broader range of employment uses. These permitted employment uses, unlike conventional heavy industrial uses are naturally attracted to perimeter areas which already abut long term stable residential areas.

(d)the boundaries for change:

-will be logical and appropriate for the area;

-will provide opportunities to minimize incompatibilities between land uses; and

-will create a defined edge which will be stable over the long term;

The boundary is logical and appropriate for the area. Incompatibilities between land uses can be minimized by the location of the site on the edge of the industrial area, adjacent to existing residential communities. The northern boundary of the site which is immediately adjacent to a site with existing industrial uses is being addressed by having rear lots back onto the industrial use. By having the rear of lots as the boundary, a defined edge is created which will minimize the opportunity for residential redevelopment to the north.

The location of residential uses on this site will make the site more inviting for residents in the area, particularly those to the south, to use Southwell Park. It is a more inviting environment and will draw people into the park.

The subdivision, with single detached units on the west side of the site and semi detached units on the remainder of the site, will function as a transition between the residential and industrial uses.

(e)the new development will fit within the context of surrounding existing development in scale, height and built form;

Existing development in the area consists of one and two storey single family detached dwellings and low to medium rise industrial uses. Single detached dwelling and semi-detached dwellings, generally consistent with the R6 and RM2 zoning provision and RD-1 Official Plan policies, can fit within the context of limited residential intensification.

Residential Density One permits single detached and semi-detached dwellings. Semi-detached dwellings are permitted subject to rezoning, at locations designated for residential use which form the edge between the residential use and industrial use, provided that the lot proposed for semi-detached use flanks a lot or lots designated for industrial purposes. This redevelopment site flanks industrial lands and addresses an industrial street and semi-detached dwellings may be considered in this context.

(f)the density and massing of new development should complement the existing built form context;

The density of the new development will generally be consistent with the density permitted for limited intensification infill residential development in an RD-1 land use district. The massing of the new development can be consistent with the existing residential areas and can complement the existing built form.

The built form for development on this site should be low-rise in nature to complement the surrounding built form in both the industrial (which consists of low rise industrial buildings and offices) and the residential area (which consists of one and two storey residential units).

Comparable limited intensification in the form of single family and semi-detached dwelling lots have recently been approved in North York. Examples include 16 detached units on Risa Boulevard (UDOZ-97-39 approved in June 1998), 195 semi-detached and multiple attached dwellings on Rochefort Drive/Ferrand Drive (UDZ-97-52 approved in October 1998) and 10 single detached units on Granlea Road, Calvin Road and Vonda Avenue (UDZ-98-17 approved by Council February 1999).

(g)the new development can be integrated and linked into the fabric of surrounding community, where appropriate, such as through provision of public streets, pedestrian walkways and the location of public parks;

The new development can be integrated and linked to the community through a pedestrian link from one of the new streets to the existing Southwell Park, which fronts onto Charnwood Road. The new development will also be linked into the community by Bond Avenue sidewalks and the sharing of recreational facilities at Bond Park.

The residential community to the west of the site will not experience significant reductions of sunlight or privacy since the new development is low-rise in nature. The single detached units proposed on the west side of the site will be 8.8 metres in height, consistent with zoning by-law requirements for residential zones. The privacy of the existing single family dwelling units to the west of the site will be protected by the preservation and enhancement of the existing mature cedar hedge, located on the site and by the rear yard setbacks for the new houses. The lands immediately abutting existing single family dwelling lots on Charnwood Road can more appropriately carry forward a similar single family built form. Along this edge there is a significant difference in grade with the 20 Bond Avenue site depressed about a metre below the Charnwood lots. There is also a mature line of approximately 15 foot high cedars which separate the two areas which is to be retained. There will not be overview problems.

Redevelopment should be guided by the desire to achieve a comfortable, lively, safe and attractive public realm. The impacts of the garages and car parking at the front of the houses should be minimized while the amount of soft landscaping should be maximized. Part C.4 of the Official Plan includes guidelines for urban design features. Additional guidelines are also provided in Appendix "B".

(h)the continued operation of existing industrial uses which remain in the area of a redevelopment can be encouraged through such measures as the phasing of development, the provision of on-site building yard setbacks, landscaped areas, intervening facilities, buildings and fencing, and the protection of trucking routes and driveways;

The operation of existing industrial uses which remain in the area could be encouraged by additional rear yard setbacks and fencing/ landscaping along the northern property boundary.

(i)that adequate parkland, amenities, community facilities and social services can be provided for future residents;

The new development will become part of Don Mills and as such will have the benefit of having schools in an open space setting, a linked park system, and trees and landscaping of a matured community.

Adequate parkland, community facilities and services can be provided for future residents. Comments received from various City Departments and the school boards do not object to the proposal.

The proposed development site is on the edge of the industrial area and surrounded on two sides by residential communities with existing accessible community facilities and social services. In addition to these existing services, the proposed development will provide a portion of its parkland dedication requirement in the form of an on site dedication which will expand Southwell Park and provide access to future residents from their development. The balance of the parkland dedication will be used for improvements to Southwell Park. With regards to schools, neither Board has objected to this development. Access is available to community facilities and services.

(j)that sufficient sewer and transportation capacity can be provided to meet the needs of the redevelopment areas; and

Interim sewer capacity exists in the Don Trunk system which would be made available for this development should it be approved by Council. Evaluation of the Traffic Impact Study indicates that traffic generated by the proposed development can be accommodated on the area road network. The existing employment uses on the west side of Scarsdale Road function well now immediately adjacent to a residential area. The transportation analysis of the proposal indicates that the traffic generated will be less than that associated with the former use. The new traffic can be accommodated on the area road network and a gap study indicates the intersection of Leslie Street and Bond Avenue can accommodate the turning movements. The planned function of Scarsdale Road should not be adversely affected.

(k)that the environmental conditions of the development area are suitable for the proposed land use.

The industrial history of this site has necessitated an environmental site assessment and peer review, which have been undertaken for the site which has not precluded residential development on the site. Approval of the proposed application will be conditional upon the City and MOEE receiving a completed record of site condition.

A satisfactory Phase One environmental audit and peer review will be required prior to the adoption of any official plan amendment. All of the required strategies for the remediation of the site including indemnification of the city and the requirement for a record of Site Condition satisfactory to the Ministry of Environment will be secured through the execution of the subdivision agreement prior to registration of the plan.

Criteria to Guide the Redesignation of Non-residential Lands to Residential

Under Council's Housing policies, adopted October 1997, Council may consider official plan amendments that propose to redesignate non-residential lands to a residential land category when, in Council's opinion, community services and facilities are in place or can be provided to serve the proposed residential development and cumulative impact of the redesignation for residential use does not have an undue negative impact on existing community facilities and transportation facilities and transportation facilities and municipal servicing capacities. Further, Council may consider application to redesignate non-residential land to residential land use when one of the following conditions apply:

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

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

These Housing criteria are in addition to the General Development Criteria and the Criteria to Guide the redesignation of lands to a higher density which are also set out in Part C.4 - Housing Policies of the Official Plan.

Information has been received from the applicant regarding efforts to sell/lease/develop the property, which have been underway since 1997. Ingram and Bell Inc. relocated to more efficient space and to a site where they can have 24 hour per day operations. It is their position that because of the age of the building and its many deficiencies, it has been difficult to lease or sell the property. The deficiencies include:

-poor building configuration and layout;

-low ceilings in a portion of the warehouse which limits the storage of product;

-the setup of the lab with concrete walls, the prohibitive costs associated with tearing down the interior walls in the lab and/or office and lunchroom areas in order to make it useable;

-the high cost of maintaining and heating the building;

-the higher taxes as compared to other areas;

-difficulties associated with using side shipping doors;

-potential lack of maneuverability of large trucks and poor circulation;

-concerns as regards to location, accessibility and visibility in that the site does not have direct access from or exposure to any of the major highways; and

-being adjacent to an existing residential area, where there were complaints from adjacent residents, a factor to be considered for 24 hour per day operation with any degree of noise or smell.

The conclusions of the realty agent acting on behalf of the applicant is that the existing older industrial building on the site had specialty uses and a unique building configuration which would be costly to retrofit and maintain.

Staff have consulted with the City's Realty Services staff regarding the comments of the applicant's realty agent. They have concluded that given today's economic climate, the information provided and conclusions reached are reasonable.

Conclusion

The revised proposal has evolved from a live/work development concept to a more traditional residential development. An official plan amendment is required to permit development on the site, which satisfies the Official Plan criteria for redesignation of industrial lands to residential uses.

The principles of development in this report provide direction for revisions to the application to amend the Official Plan to redesignate these lands as Residential and re-configure the road network.

Contact Name:

Gwen Manderson, Senior Planner

Telephone: (416) 395-7117 Fax (416)395-7155

Appendices and Schedules:

Appendix "A" Official Plan Policies

Appendix "B" Urban Design Guidelines

Appendix "C" Comparison of Zoning Provisions

Appendix "D" Summary of Comments from Other Departments

Appendix "E" Employment by Type for Scarsdale Road Area

Appendix "F" Discussion-Concerns of the Economic Development, Culture and Tourism Department

Schedule "A" Official Plan Designation

Schedule "B" Zoning

Schedule "C" Site Plan

Schedule "D" Draft Plan of Subdivision

Schedule "D1"Re-configured Road Network

Schedule "D2"Existing Land Use

Schedule "E"Comments-Works and Emergency Services Department (Public Works)

Schedule "F"Comments-Works and Emergency Services Department (Transportation)

Schedule "G"Comments-Toronto District School Board

Schedule "H"Comments-Toronto District Catholic Board

Schedule "I"Comments-Economic Development Culture and Tourism (Parks and Recreation)

Schedule "J"Comments-Public Health Department

Schedule "K"Comments-Economic Development Culture and Tourism (Economic Development)

Schedule "L"Summary-Community Consultation

Appendix "A"

Official Plan Policies Affecting the Lands at 20 Bond Avenue

Part C.8 Industrial Policies

Section 5.3.0Redesignation of Industrial Lands for Non-Industrial Purposes

Council recognizes that with little vacant land available for new development, additional housing and employment uses must be accommodated in part through the conversion of one land use to another. While Industrial areas should generally be preserved for employment purposes, it is recognized that the City has more land designated for this purpose than is required in the long term. Accordingly, Council may, in limited circumstances and subject to the policies of this plan, consider applications that propose to redesignate Industrial land for other purposes, including residential, institutional, recreational, and commercial purposes or a combination of those uses, subject to compliance with the following criteria and the applicable policies of the land use district for the proposed use:

(a)the land proposed for redesignation should be on the periphery of an industrial area;

(b)the proposed redesignation will not jeopardize the planned role and function of other land use districts nor set a precedent for further redesignations;

(c)the new land uses will not negatively impact the viability and stability of any of the remaining industrial lands in the long term;

(d)the boundaries for change:

-will be logical and appropriate for the area;

-will provide opportunities to minimize incompatibilities between land uses; and

-will create a defined edge which will be stable over the long term;

(e)the new development will fit within the context of surrounding existing development in scale, height and built form;

(f)the density and massing of new development should complement the existing built form context;

(g)the new development can be integrated and linked into the fabric of surrounding community, where appropriate, such as through provision of public streets, pedestrian walkways and the location of public parks;

(h)the continued operation of existing industrial uses which remain in the area of a redevelopment can be encouraged through such measures as the phasing of development, the provision of on-site building setbacks, landscaped areas, intervening facilities, buildings and fencing, and the protection of trucking routes and driveways;

(i)that adequate parkland, amenities, community facilities and social services can be provided for future residents;

(j)that sufficient sewer and transportation capacity can be provided to meet the needs of the redevelopment areas; and

(k)that the environmental conditions of the development area are suitable for the proposed land use.

Section 5.1.0Compatibility Criteria

Development applications which propose additional uses or density may create impacts on adjacent uses beyond those which may be expected from redevelopment for industrial purposes. To assess and manage those impacts, Council may approve rezoning of lands within Industrial areas, to permit additional uses or density where the development proposal, together with any specific conditions required by Council, meets the following Compatibility Criteria to the satisfaction of Council.

(a)The proposed development should be adequately served by transportation facilities and be compatible with any transportation improvement plan.

(b)The traffic generated from the proposed development should not result in an unacceptable level of arterial road service.

(c)Traffic on local, collector or minor arterial roads within Residential Communities should not be increased by the proposed development to a level that would adversely affect pedestrian safety.

(d)The proposed development should provide satisfactory movement of employees and visiting pedestrians, and provide for adequate site circulation so that visiting automobiles and commercial vehicles are unlikely to disrupt bordering streets or properties.

(e)The proposed development should provide for sufficient parking so that off-site roadways and unaffiliated parking areas are unlikely to be disrupted.

(f)Dwellings within Residential Communities should not experience significant reductions of sunlight and privacy resulting from the proposed development.

(g)The design, site layout, landscaping, and building placement of the proposed development should be generally consistent with the existing or proposed development.

(h)The proposed development should not be of such a nature or scale as to destabilize nearby neighbourhoods in designated residential areas and remaining nearby industrial uses.

Section 5.2.0Redevelopment of Industrial Lands for Live/Work Accommodation

Dwellings which combine work space with living space comprise live/work accommodation. Live/work accommodation can provide a land use buffer between residential lands and industrial lands as well as meeting the needs of some employment uses for combined residential/employment occupancy. Recognizing the hybrid residential/employment character of live/work accommodation, Council may approve rezoning to permit this use in Industrial areas provided that the following compatibility criteria, in addition to those set out in Section 5.1, are complied with to the satisfaction of Council.

(a)The character of the proposed development should blend with the character of the surrounding area.

(b)The proposed development should fit within the context of the neighbouring development in scale, height and building form.

(c)The proposed development should be integrated and linked, as appropriate, to the neighbouring residential community.

(d)The proposed development should ensure a compatible relationship with existing employment activities through such measures as building setbacks, maximum height limits, fencing, landscaping and protection of industrial trucking and access routes.

(e)Adequate parkland, recreational amenities, community facilities and social services should be available for future residents.

(f)Sufficient sewer and transportation capacity should be provided to support the needs of the redevelopment area.

(g)The environmental conditions of the development area should be suitable for the proposed land use.

Part C.4 Housing Policies

Section 3.0 Specific Residential Land Use Policies

Section 3.1 Residential Density One (RD-1)

Permitted Uses

In Residential Density One (RD-1) designation, the following residential uses shall be permitted subject to the provisions of this Plan and the Zoning By-law:

1)Single detached and semi-detached dwellings. Semi-detached dwellings may be permitted subject to rezoning and where one of the following apply:

1.Where the lot proposed for semi-detached use is on a street where other semi-detached dwellings exist.

2.On a major or minor arterial road where the arterial road forms the edge or boundary of a residential neighbourhood as set out in the zoning by-law.

3.At locations that form the edge between RD-1 and RD-2 to RD-5 land sue categories, provided that the lot proposed for semi-detached use flanks a lot or lots designated for a higher density.

4.At locations designated for residential use but which form the edge between the residential use and a commercial, industrial or mixed use, provided that the lot proposed for semi-detached use flanks a lot or lots designated for commercial, industrial or mixed use purposes.

Density

Subject to the other provisions of the section, the development of single detached dwellings on lands designated Residential Density One (RD-1) shall not exceed a density of 20 dwelling units per net residential hectare (8 upa). Semi-detached dwellings are permitted provided that the density on the site of a semi- detached dwelling does not exceed approximately 30 dwelling units per net residential hectare (12 upa).

Height

The maximum height permitted on any site shall be specified in the Zoning By-law.

Appendix "B"

Urban Design Principles and Guidelines

Official Plan

Part C.4 Housing Policies

Section 4.0Development Criteria

Section 4.2.3 Urban Design Features

1).....

2).....

3).....

4)Council shall encourage the preservation of trees, in advance of, and after redevelopment of a site.

Additional Guidelines

In addition to the above, the following additional guidelines shall apply to this site to promote a comfortable, lively, safe and attractive public realm by minimizing the impact of garages and car parking at the front of the houses, maximizing the amount of soft landscaping and ensuring the appropriate relationship of houses to roads:

Building Siting and Organization

(a)houses fronting on two streets should address both streets, with a high level of architectural finish including windows as appropriate and that the entrance to the front of the house address the major street;

(b)driveways should be grouped or paired;

(c)the height of the steps to the front door of the house should not exceed 1.65 metres (5.4 feet);

(d)the house, or part thereof, should be in front of the garage when facing the street;

(e)a 6.0 metre (19.6 feet) setback to the face of the garage should be provided; and

Pedestrian Amenity

(f)a landscape plan should be provided which illustratesthe following:

(i)the maintenance and preservation of the row of cedar trees along the west side of the site, backing onto the Charnwood Road properties;

(ii)new trees planted approximately 7.0 metres on centre in the public boulevard along all streets;

(iii)on lots more than 9.15 metres (30 feet)wide, the driveway width should not exceed 3.05 metres (10 feet) at the front lot line and may expand to a maximum width of 4.9 metres (16 feet) at the garage entrance, to accommodate a double garage, with two doors rather than on in the front wall;

(iv)on lots less that 9.15 metres (30 feet) wide, the driveway width should not exceed 2.6 metres (8.5 feet) at the front lot line and entrance to a single garage in the front wall;

(v)adequate front gardens defined by planting and other soft landscaping; and

(vi)rear yards which are screened from adjacent uses with trees and fences.

Appendix "C"

Comparison of Zoning Provisions of Recently Approved Small Lot Single Detached and Semi-detached Units with the R6 and Rm2 Zones

Appendix "D"

Summary of Comments From Other Departments and Agencies

The original proposal was circulated to all of the Departments and agencies listed below. The revised proposal was circulated to: Technical Services, North District Office of the Works and Emergency Services Department; Transportation Services Division of the Works and Emergency Services Department; Parks and Recreation, Policy and Development Division of the Economic Development Culture and Tourism Department; and, Economic Development Division, Economic Development Culture and Tourism Department. The following section summarizes the comments received from the departments and agencies circulated:

The Technical Services, North District Office of the Works and Emergency Services Department have no objection to the proposal subject to the conditions outlined in their comments attached to this report as Schedule "E". Their comments are to be in addition to the Standard Conditions of Approval for Subdivisions which shall form part of the conditions for Draft Plan Approval. They advise that the allocation of the Interim Sanitary Truck capacity for this development is subject to Council approval of this application, and that consideration of this development should include the fact that the equivalent population increase generated by this development will result in an equal decrease in interim trunk capacity available to other developments in the Don Trunk area. They also advise that they do no support a reduced road allowance width and endorse the standard 20 metre wide road allowance. A stormwater management report and plan is required to be submitted by the owner's consulting engineers which must be approved by the City.

The Transportation Services Division of the Works and Emergency Services Department

have no objections to the proposal subject to the conditions outlined in their comments being addressed (See Schedule "F"). The traffic generated by the proposed development can be accommodated on the area road network. In response to concerns expressed by local residents that traffic generated from the proposed development will infiltrate the local community, a traffic investigation will be undertaken once the development is complete to determine the level of traffic infiltration and what mitigating measures may be required. Any measures proposed will be done through the area Councillors and in consultation with the community affected.

The Toronto District School Board advises that the anticipated students from the proposed development currently can be accommodated at Rippleton Public School, but the Toronto District School Board may be required to make alternative accommodation arrangements for some or all of these students once this school reaches its capacity (Appendix "G"). The anticipated student yield from the proposed development can not be accommodated at St. Andrews J.H.S., Windfields J.H.S. and York Mills C.I. and alternative accommodation arrangements will be required for these students.

The Toronto Catholic District School Board advises that although the Board does not object to the proposed development, it would like to express its concern regarding the lack of permanent facilities and overcrowding at St. Bonaventure Catholic School, Loretto Abbey and Senator O'Connor Catholic Secondary School. It also advises that Marshall McLuhan Catholic Secondary School is now under construction, and serves the subject area and will be able to accommodate secondary students in permanent facilities. Their comments are attached as Schedule "H".

The Parks and Recreation , Policy and Development Division of the Economic Development Culture and Tourism Department comments are attached as Schedule "I". They advise that the applicant's 5 percent parkland dedication will be provided through both an on site dedication and cash-in-lieu. The cash payment will be secured through the subdivision agreement. This cash payment is to be used for the expansion of and improvements to Southwell Park. The applicant will be required to meet with the Department's Urban Forestry By-law Officers and execute a Tree Preservation Agreement prior to by-law enactment.

The Public Health Department have no objections to the proposed application provided that an environmental site assessment is completed in accordance with the MOE's Guideline For Use At Contaminated Sites in Ontario, revised February 1997. The environmental site assessment should identify any significant potential environmental liabilities at the site that may have resulted due to the historical usage of the site, and to identify any present conditions or practices that may represent a materially significant environmental risk. Their comments are attached as Schedule "J".

The Economic Development Division, Economic Development Culture and Tourism Department does not support the application in its present form. They feel that the property is still a viable industrial property, are concerned that the development, if approved will set a precedent for this employment area. Further there is little assurance that the new development will be anything other than a residential neighbourhood. Finally, the rezoning and plan of subdivision proposed in this application will likely in a reduction in municipal tax revenue while increasing the City's ongoing servicing costs. Their comments are attached as Appendix "K".

Appendix "E"

Employment by Type for Scarsdale Road Industrial Area

Survey Results for 1983 to 1997

Source: City of Toronto Planning Department, April 1999

Appendix "F"

Concerns of the Economic Development Centre, Economic Development, Culture and Tourism Department

• the limited supply of employment sites 5 acres or greater;

An industrial user who needs or wants a 5 acre or greater site will do so through severance or consolidation of properties in any industrial area in the City. The existing character of the Scarsdale Road industrial properties is that of smaller parcels able to respond to a variety of industrial employment users needs.

• the precedent of residential uses on Scarsdale Road encouraging more residential uses which could undermine the continued viability of Scarsdale Road for employment purposes;

The 1997 Planning Department survey of industrial users in the Scarsdale Road area asked about the future plans of each of the businesses. Of the eighteen businesses that provided a response, twelve or 66 percent indicated that they will stay in the area.

In 1995, there were preliminary discussions with City staff about the possible development of 58 and 66 Scarsdale Road for townhouses. Staff did not encourage an application on this site because of the site being located in the middle of the Scarsdale Road area.

Other than the subject site, no applications have been made for the residential redevelopment of lands in the Scarsdale Road industrial area. Since this application has been received, there have been no development pressures for residential development in this area.

• the erosion of the non-residential tax base;

Ingram and Bell Inc. relocated to another industrial property because they were not able to intensify their operation on this site to 24 hours per day. Limited hours of operation is a consideration for potential industrial users. The likelihood of finding a manufacturing and warehouse user who does not operate 24 hours per day is not high. In the City, buildings are being demolished if they can't be leased. Without another industrial user, the building would have been demolished and lower taxes would have been collected on a vacant property. Redevelopment of the site for residential will provide significant property taxes.

• the lack of credibility for the live/work concept and the lack of any policy in place which would provide the city with commercial assessment based on the live/work designation.

The character of the application, through community consultation and other forces has evolved with a strong residential character which outweighs the original live/work concept.

(A copy of the Schedules 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:

(i)(April 28, 1999) from Ms. Bonnie Kennedy, expressing her concerns with the proposed development;

(ii)(April 28, 1999) from Mr. John G. Croutch, expressing his concerns with the proposed development;

(iii)(April 28, 1999) from Mr. Kevin O'Sullivan, Chair, Executive Committee of the Working Group for 20 Bond Avenue, advising of the Working Committee's position and concerns with the proposed development;

(iv)(April 28, 1999) from Mr. Kevin O'Sullivan, Chair, Executive Committee of the Working Group for 20 Bond Avenue, submitting the minutes of the meeting of the Executive Committee of the Working Group for 20 Bond Avenue;

(v)(undated) from J. Kelly, expressing concerns with the proposed development;

(vi)(April 27, 1999) from Mr. Martin M. Poizner, expressing his concerns with the proposed development; and

(vii)(March 18, 1999) from Mr. H. J. Jochem, General Manager, Intertechnology Inc., advising of his concerns with the proposed development.

A staff presentation was made by Ms. Gwen Manderson, Senior Planner, Community Planning, North District.

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

-Ms. Claudia Pedone, who spoke in opposition to the application. Her primary concerns were with respect to overview, loss of privacy and any change in grading at the rear of her property which abuts the subject lands.. She also commented on the inadequate screening at the rear of her property and suggested that certain measures be taken in order to mitigate the negative impact of the proposed development.

-Mr. Jeff Woodlock, on behalf of Ash Temple Ltd., who spoke in opposition to the application and expressed concerns with regard to traffic safety in relation to the volume of truck traffic and their requirements for manoeuvring into the loading dock areas. He also expressed concerns with regard to the safety of children residing across the street from an industrial area. He further advised of his concerns regarding the security of the industrial property, such as people parking after hours on their property and individuals using their industrial refuse containers. In concluding he indicated that Ash Temple Ltd. have been at their current location for the past 22 years and would like to remain in this industrial area. However, given the proximity of the proposed residential development to their building and the possibility of complaints being lodged by future residents of this subdivision regarding their industrial operation, they may have to relocate elsewhere.

-Mr. Kevin O'Sullivan, Chair, on behalf of the Executive Committee of the Working Group for 20 Bond Avenue, who spoke in opposition to the application and advised that the consensus of the Working Group for 20 Bond Avenue is that the proposed development be designated Residential Density One and zoned R4.

A recorded vote on Recommendation (3), moved by Councillor Minnan-Wong, Don Parkway, was as follows:

FOR:Councillors Mammoliti, Li Preti, Moscoe. Feldman, Berger, Flint, Gardner, Chong, Minnan-Wong, Shiner and King

AGAINST:NIL

ABSENT:Councillors Sgro. Augimeri and Filion

Carried

A recorded vote on a motion moved by Councillor Minnan-Wong, Don Parkway, that the live-work component not be approved; that the application be revised to reflect an R4 zoning to permit single family dwellings; that the road be reconfigured to reflect a curvilinear road pattern and that community consultation continue, was as follows:

FOR:Councillors Mammoliti, Li Preti, Filion and Minnan-Wong

AGAINST:Councillors Moscoe, Feldman, Berger, Flint, Gardner, Chong, Shiner and King

ABSENT:Councillors Sgro and Augimeri

Lost

A recorded vote on Recommendations (1) and (2), moved by Councillor Chong, Don Parkway, was as follows:

FOR:Councillors Li Preti, Moscoe, Feldman, Berger, Flint, Gardner, Chong, Filion, Minnan-Wong, Shiner and King

AGAINST:Councillor Mammoliti

ABSENT:Councillors Sgro and Augimeri

Carried