Public Meeting Held in Accordance with

the Planning Act with respect to Official

Plan and Zoning By-law Amendment

Applications regarding 157 Dawes Road

The East York Community Council, based on the findings of fact and conclusions, recommends the adoption of the report (April29, 1999) from the Director of Community Planning, East District.

The East York Community Council reports having held a statutory public meeting on May 26, 1999, in accordance with Section 34 of the Planning Act, and appropriate notice of this meeting was given in accordance with the Planning Act and the regulations thereunder.

The East York Community Council submits the following report (April29, 1999) from the Director of Community Planning, East District:

Purpose:

To review applications for Official Plan and Zoning By-law amendments that will permit the development of the south-east corner of Dawes Road and Goodwood Park Court with 12 multiple-attached (townhouse) dwellings and 2 pairs of semi-detached dwellings (see Figures 1 to 4 inclusive).

Financial Implications:

Costs associated with this development will be assumed by the developer.

Recommendations:

It is recommended that City Council:

(1)subject to Recommendation No. 2, approve the applications by Inaugural Source Inc., the City of Toronto and Toronto Hydro for the lands at the south-east corner of Dawes Road and Goodwood Park Court to amend East York's Official Plan and EastYork Zoning By-law No.6752 by:

(a)adopting the attached Official Plan amendment intended to delete Section 3.15.19-Special Policy Area 19, which permitted the development of a 4storey, 36unit apartment building; and,

(b)enacting the attached Zoning By-law amendment, which rezones these lands from Residential Site Specific R3A.23 to Residential - Site Specific R2A.37 zoning and which sets out specific development standards intended to facilitate the development thereon of 12 freehold multiple attached (townhouse) dwellings, and 2 pairs of semi-detached dwellings, substantially in the form attached; and

(2)authorize the introduction of the bills to amend the Official Plan and the Zoning By-law No.6752, after satisfactory proof has been received by the City Solicitor of the conveyance to Inaugural Source of the City of Toronto and Toronto Hydro lands.

Background:

Proposal:

Inaugural Source Inc., in collaboration with Toronto Hydro and the City of Toronto, has submitted applications for Council's permission to amend East York's Official Plan and Zoning By-law No.6752. The amendments will permit the development of a currently vacant parcel of land at the south-east corner of Dawes Road and Goodwood Park Court with 12, 3-storey multiple attached (townhouse) dwellings and 2 pairs of semi-detached dwellings designed around an internal courtyard and accessed from Goodwood Park Court.

The proposal locates:

(1)fourteen of the newly proposed dwellings on lands which belong to the developer;

(2)two of the proposed dwellings on lands which belong to Toronto Hydro, but which are in the process of being sold to the developer;

(3)a portion of an access driveway and one parking space on lands which belong to the City of Toronto, but which are in the process of being sold to the developer; and,

(4)a portion of an access driveway on lands which belong to Ontario Hydro, but which have been secured by the developer via a permanent easement.

To permit the development, the developer requires both an Official Plan amendment to delete the existing Official Plan requirements for an apartment building and a Zoning By-law amendment to allow its re-development with the proposed 12 townhouse and two semi-detached dwellings.

When the application was first submitted, Planning staff indicated that the development should include the surplus Toronto Hydro and City of Toronto lands located adjacent to the corner of Dawes Road and Goodwood Park Court. Consolidating all the disparate pieces of land under one ownership will result in a comprehensive and coordinated development.

Shortly thereafter, the developer initiated the acquisition process for these additional lands. On April28, 1999, the City of Toronto Council declared the City lands to be surplus and it is expected to ratify their sale at its June 9, 1999 meeting. The sale of Toronto Hydro lands is expected to be finalized within that same time frame.

Until the various sale transactions are finalized, and the lands legally transferred, the City and Toronto Hydro have had to be identified as co-applicants. Recommendation No. 2 acknowledges this by requiring that all the conveyances be completed before the bills to adopt the Official Plan and Zoning By-law amendments are introduced in Council.

Comments:

Site Description and Ownership:

This 2,498 m² currently vacant parcel of land is located at the south-east corner of Dawes Road and Goodwood Park Court. It is comprised of a 1, 982 m² parcel of land which belongs to the developer, a 192 m² parcel of land which belongs to Toronto Hydro and lands which amount to 234 m², which belong to the City. (Location/Current Land Ownership map on first page of this report.

The site is relatively flat. However, since it lies at the base of a hill it is shored up at several locations by retaining walls, which, because of their age require extensive reconstruction.

Surrounding uses include: one and two storey ground related residences to the south and west, high rise apartments to the north, and north west, and Ontario Hydro corridor directly to the east.

Official Plan and Zoning:

The property is designated Low Density Residential and Special Policy Area 19 (see Map 2 - "Predominant Land Use", and, Map 7- "Special Policy Areas". The primary residential designation provides for ground oriented housing forms, which would include the proposed townhouse units. The secondary designation implements a previous site specific development application and requires that the land be developed with a 36 unit, four-storey senior's apartment building.

The site is zoned "Residential R3A - Site Specific" permitting a 36 unit seniors' apartment building. If approved the application would require the adoption by Council of a new Zoning By-law Amendment that reflects the current development proposal.

Agency Circulation:

The application was circulated for input to all appropriate agencies and City departments. Responses received from the circulation have been used to modify the project's design and to formulate appropriate by-law standards.

Public Input:

Notice of the application was sent to all residents within 120 metres (400 ft.) of the site and a community information meeting to obtain public input was held on April 26, 1999. The notice and the meeting produced: a request for consideration of an increased setback between unit 7 and the adjoining property line; questions regarding erosion control measures and the location of and the effectiveness of the retaining wall(s) required to facilitate the construction of unit 8; and the visual impact of a blank wall of units 7 and 8 on the two adjoining residences to the south-east.

Other comments consisted of inquiries about the project's tenure and management, and, expressions of support on the basis that the proposed development would result in the site's clean-up and the upgrading of the area's appearance.

Building Height and Design:

The proposed development is located in a largely residential area characterized by a mix of built forms ranging from one and two storey detached residences immediately to the south and south-east, high rise apartment buildings to the north, north-east and north-west, and newly developing townhouses across Dawes Road to the west. Within this context, this three storey residential project provides a suitable transition between the high rise buildings to the north and the ground-oriented residences to the south.

The proposed height of the buildings at 9.75 metres (32 ft.), represents the generally accepted height for townhouses throughout East York. In addition, in this case, building height has less of an impact because this site is located at the base of a hill. Shadow diagrams submitted with this application show a limited impact on the adjoining residences.

The proposed site design orients all the newly proposed dwellings around an internal courtyard which incorporates vehicular (driveway and parking) and pedestrian (sidewalk) facilities and which is flanked on all sides by treed and landscaped front yards. This building siting has the advantage of removing individual vehicular accesses to Dawes Road and Goodwood Park Court. Although the houses adjoining Dawes Road are oriented towards the courtyard, the rear (street fronting) facades have been designed to incorporate various features like canopied entrances, third floor decks, and fencing that includes gates to the yard from the sidewalk. These features were introduced to improve the pedestrian street environment.

Excluding windows from most walls that directly abut the existing residences to the south-west has minimized the problem of overlook in that direction. The previously approved four-storey apartment building would have had a similar impact.

With regards to the issue of the setback between unit 7 and the adjoining property to the south, the drawings submitted with the application, which were based on the applicant's survey, site this unit 0.76 m (2.5 ft.) away from the adjoining property. The standard side yard setbacks for single density residential zones range from 0.6 m to 0.9 m (2 to 3 ft.). In addition, unit 7 is separated from the actual wall of the adjoining building by a 2.6 m (8.5 ft.) driveway and a 0.24 m (8 in.) setback from its south wall to the edge of the existing fence line.

The design of the site and the built form will be reviewed in a separate Site Plan report, which will be considered by the Director of Community Planning for the East District. The Site Plan review will ensure that all functional elements such as lighting, landscaping, retaining wall design etc., are addressed.

Access and Parking:

Entrance to the site is obtained from Goodwood Park Court via a two-way, 6 metre (20.0 ft.) wide private driveway leading to an internal courtyard. The resident parking is located in the central courtyard adjacent to the dwelling. The visitor parking is located in the northeasterly portion of the site, near the project's entrance (see Figure 1 Parking Spaces P17 and P18). The development provides 16 resident and two visitor parking spaces. This exceeds the East York By-law requirement for residential dwellings by two parking spaces. The proposed parking spaces are undersized according to the normal requirements of the by-law. However, the City's Transportation Division comments indicate that they found both the proposed access and parking provisions to be acceptable.

Shared Elements:

The design of this project requires shared use of facilities including the driveway leading to the internal court yard, the two visitor parking spaces, the garbage enclosure, the storm drain sewer required to drain excess storm water from the rear yards of dwellings 10 to16 inclusive, as well as the sidewalk encircling the courtyard and the secondary pedestrian access route from the courtyard to Dawes Road. The presence of these shared facilities generally connotes a condominium form of ownership. The applicant, however, prefers to market the project as freehold housing. From his perspective, freehold ownership is supported by current market preferences and will save considerable time and costs associated with a condominium approval.

Since the common elements have to be appropriately managed the future owners of the project will have to enter into private agreement(s) to secure the continuing maintenance of the various elements which have to be held in common.

The City's policy generally discourages freehold housing involving shared elements and suggests that developments, which contain such elements, particularly if they involve a large number of ownerships, should proceed by way of a condominium. Condominium ownership is preferable because it tends to provide greater certainty regarding the legal and financial ability of homeowners to resolve future problems. However, the policy also recognizes that in instances where the risks are minimized by the size of the project or the type and number of shared elements, freehold ownership may be an option.

Staff believes that due to the relatively small number of ownerships, and the type and number of the shared elements, freehold ownership can be supported on this site.

Parkland Dedication:

As per East York By-law No. 85-92, the applicant will be required to make a 5 percent cash-in-lieu of parkland dedication payment.

Site Servicing and Grading:

Works and Emergency Services Staff have commented that servicing of this site can be accommodated by the existing municipal services in the adjacent right of way, and that any servicing within the site would have to be privately held and jointly shared and maintained by all the project's future owners. The comments also indicate that all site drainage will have to be contained on the site, that the project will have to employ infiltration techniques for roof leaders and pump foundation drains to surface areas. Storm sewer connections to the sewer system will only be permitted if there are no other suitable alternatives.

In regards to grading, the developer will have to provide details of the structural design of all the required retaining walls, and obtain the adjacent landowners co-operation should the construction of these walls involve their properties.

The servicing issues and requirements will be reviewed and secured as part of the forthcoming Site Plan approval process.

Solid Waste Collection:

The City will collect garbage and recyclable material. As none of the proposed houses face onto a city street, a single collection point has been provided near the entrance to Goodwood Park Court (see Figure 1). Details concerning this item will be worked out at the time of Site Plan approval.

Conclusion:

The proposed development is suitable for this location because it conforms to, and advances EastYork's Official Plan's policies, is compatible with surrounding developments, represents a good use of this currently vacant and underutilized site, offers the prospect of reasonably priced homes for a mix of households, and features an attractive building design and landscaping treatment.

Contact Names:

Jean Besz

Senior Planner East York District Office

(416) 387-4647 -tel. no.

(416) 397-4582 -fax no.

Planning@borough.eastyork.on.ca

Authority:East York Community Council Report No. Xx Clause No. Xx,

as adopted by Council on 1999

Enacted by Council:

City of Toronto

By-law No. [ ]

To Adopt Amendment No 19 to the Official Plan for the Former Borough of East York Affecting the Lands Located on the South - East Corner of Dawes Road and Goodwood Park Court.

Whereas the authority is given to Council by the Planning Act, R.S.O. 1990, c.P. 13, as amended, to pass this By-law; and whereas 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:

That the attached Amendment No. 19 to the Official Plan for the former Borough of East York consisting of Part Two of the accompanying document, is hereby adopted pursuant to the Planning Act 1990.

Enacted and Passed this day of , A.D. 199 .

MayorCity Clerk

(Corporate Seal)

--------

Amendment No. 19 to the Official Plan

For the former Borough of East York

Part One - Preamble, does not constitute part of this Amendment.

Part Two - The Amendment, consisting of the text contained therein and the map attached thereto as Schedule "A" constitute Amendment No. 19 to the Official Plan for the former Borough of East York.

------

Part One

Preamble

(1)Title

This is Amendment No. 19 to the Official Plan for the former Borough of East York.

(2)Purpose

The purpose of this amendment is to delete the policies of "Special Policy Area 19" of the Official Plan for the former Borough of East York Planning Area. The policies, of "Special Policy Area 19" were applied to this location in September 1992, to permit a development project comprised of a four storey, 36 unit senior's apartment building. These policies are no longer needed because the new development proposal for the land does not involve an apartment project.

(3)Location

The lands affected by this Amendment are outlined in a heavy black line identified as "Area Subject to Amendment" on Schedule "A" attached hereto, and are located at the south-east corner of DawesRoad and Goodwood Park Court.

(4)Basis

The lands affected by this amendment are designated "Low Density Residential". This designation provides for ground oriented housing forms such as detached, semi-detached and row house dwellings as well as non-ground oriented housing forms such as stacked townhouses and plexes. The proposed development which comprises of townhouse and semi-detached dwellings meets these requirements.

However, Schedule 7 - "Special Policy Areas" of the Official Plan also shows this property as "Special Policy Area 19". This designation reflects Council approval in September 1992, of a site specific Official Plan Amendment which permitted a 36 unit seniors apartment building. That proposal has been abandoned and the Special Policy Area designation is no longer required given the current proposal to develop the site in accordance with the "Low Density Residential" provisions of the Official Plan.

Part Two

The Amendment

(1)All of this part of the document entitled "Part Two - The Amendment" consisting of the following text and the attached Schedule "A" constitute Amendment No. 19 to the Official Plan for the former Borough of East York.

(2)The lands affected by this Amendment are shown on Schedule "A" to this Amendment as "Area Subject to Amendment".

(3)Map 7 - " Special Policy Areas" to the Official Plan for the former Borough of East York, is hereby amended by deleting therefrom the designation identified as "Special Policy Area 19".

(4)The text of the Official Plan for the former Borough of East York is hereby amended by deleting Section 3.15.19 "Special Policy Area 19" in its entirety .

Authority: East York Community Council Report No, XX, ( ), 1999

Intended for first presentation to Council: , 1999

Adopted by Council:

City Of Toronto

Bill No.

By-law No. -99

To amend Restricted Area Zoning By-law No. 6752, as amended, of the former Township of East York.

Whereas authority is given to Council by Section 34 of the Planning Act, RSO 1990, c.P. 13, as amended, to pass this by-law, and whereas 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:

(1)the lands subject to this By-law are those lands outlined by a heavy black line and identified as "Area Subject to Amendment" as shown on Schedule "1" attached hereto;

(2)Schedule "A" to By-law No. 6752, as amended, is hereby further amended by changing the zoning category for the lands identified as "Area Subject to Amendment" on Schedule "1" of this By-law from "Residential R3A - Site Specific (R3A.23)" Zone to"Residential R2A - Site Specific (R2A.37)" Zone;

(3)Zoning By-law 6752, as amended, is hereby further amended by deleting Section 7.7.5.23 R3A.23 Zone in its entirety; and

(4)Zoning By-law No. 6752, as amended, is hereby further amended by adding a new Section 7.5.4.37 immediately after Section 7.5.4.36 of the By-law as follows:

7.5.4.37157 Dawes Road R2A.37 Zone

7.5.4.37.1Area Restricted

The provisions of this Section shall only apply to those lands being Part of Lot B Registered Plan 1193 and Part of Lots 46 and 56, Registered Plan 781 City of Toronto (Formerly Borough of East York) designated R2A.37 on Schedule "A".

7.5.4.37.2General Provisions

On those lands referred to in Section 7.5.4.37.1 of this By-law, no person shall use, occupy, Erect, alter, cause to be used, occupied, Erected or altered, any Building, Structure or land or part thereof except in accordance with the following provisions:

(1)Permitted Uses:

(a)residential - Semi-detached Dwellings;

(b) residential - Multiple Attached Dwellings;

(c)buildings and Structures Accessory to the foregoing;

(2)Development Requirements:

(a)maximum number of Semi-

Detached Dwellings4 Dwellings

(b)maximum number of Multiple-

Attached Dwellings12 Dwellings

(c)maximum number of

Dwellings per Lot 1 Dwelling

(d)minimum Lot Area

for developed with Multiple-

Attached Dwellings 89 m²

(e)minimum Lot Area

for Semi-Detached Dwellings 119 m ²

(f)siting of all Dwellings or Structures

or portions thereof wholly within the Building envelope shown on Schedule "1" to Section 7.5.4.37, except that the provisions of Section 5.6 of this By-law shall apply to any projections or encroachments into Yards

(g)maximum Floor Space Index

(i)for Multiple-Attached

Dwellings 1.5 x the Lot Area

(ii)for Semi-Detached Dwellings 1.0 x the Lot Area

(h)maximum Lot Coverage

(i)for Multiple-Attached Dwellings 60%

(ii)for Semi-Detached Dwellings 42 %

(i)maximum Building Height

(i)for Dwelling

on Lot 110.2 m

(ii)for Dwellings located on

Lots 2 to16 9.8 m

(j)minimum number of Parking Spaces18 Parking Spaces 2 of which shall be reserved for visitors

(k)minimum Parking Space size2.8 m x 5.5 m

15.4 m²

(l)Section 4.23 of the By-law 6752 does not apply to the lands shown in Schedule 1 attached

(3) Other Provisions of the By-law:

(a)Except as amended in this By-law all the other provisions of By-law 6752 with the exception of Sections 7.5.1 to 7.5.3 inclusive, shall apply to the lands referred to in Section 7.5.4.37.1;

(4)The following additional uses shall be permitted on the lands:

(a) temporary sales trailer which shall:

(i)only be used to sell the Buildings located within the limits of the area identified on Schedule "1" to Section 7.5.4.37;

(ii)provide at least 1 temporary parking stall; and,

(iii)be removed within 60 days after the completion of the last Building.

Enacted and Passed this day of ,A.D.

Mel LastmanNovina Wong

MayorCity Clerk

--------

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

-Mr. Michael Vaughan, Solicitor, on behalf of the Applicant;

-Mr. Michael Denyak, East York, neither in opposition nor support of the proposed development;

-Mr. Kenneth Miller, East York, in opposition to the proposed development;

-Mr. Brian Barron, President, Ward 2 Property Owners' Association, East York, in support of the proposed development; and

-Ms. Deirdra Drazich, East York, in support of the proposed development.