3390, 3392, 3394, 3396 and 3398 Bayview Avenue - Official Plan Amendment, Zoning By-law Amendment Application - Preliminary Report

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1 STAFF REPORT ACTION REQUIRED 3390, 3392, 3394, 3396 and 3398 Bayview Avenue - Official Plan Amendment, Zoning By-law Amendment Application - Preliminary Report Date: March 14, 2016 To: From: Wards: Reference Number: North York Community Council Director, Community Planning, North York District Ward 24 Willowdale NNY 24 OZ SUMMARY This application proposes to amend the Official Plan and the Zoning By-laws to permit a 4 to 5-storey apartment building with 109 dwelling units, 8,042 square metres of gross floor area, 108 underground parking spaces and vehicular access from Bayview Avenue, on an assembly of 5 single detached residential lots, at 3390, 3392, 3394, 3396 and 3398 Bayview Avenue. This report provides preliminary information on the above-noted application and seeks Community Council's directions on further processing of the application and on the community consultation process. It is intended that a community consultation meeting be scheduled by staff, in consultation with the Ward Councillor. A final report and public meeting under the Planning Act to consider this application will be scheduled provided issues identified in this report are satisfactorily addressed and any required information by the City is submitted in a timely manner by the applicant. Staff report for action Preliminary Report 3390 to 3398 Bayview Avenue 1

2 RECOMMENDATIONS The City Planning Division recommends that: 1. Staff be directed to schedule a community consultation meeting for the lands at 3390, 3392, 3394, 3396 and 3398 Bayview Avenue together with the Ward Councillor. 2. Notice for the community consultation meeting be given to landowners and residents within 120 metres of the site. 3. Notice for the public meeting under the Planning Act be given according to the regulations of the Planning Act. Financial Impact The recommendations in this report have no financial impact. Pre-Application Consultation Two pre-application consultation meetings were held with the applicant in the spring and summer of 2015 to discuss complete application submission requirements. ISSUE BACKGROUND Proposal The subject site is comprised of five residential lots fronting onto Bayview Avenue. The application proposes to amend the Official Plan and the Zoning By-laws to permit a 4 to 5-storey apartment building with a two level underground parking garage. The proposal consists of 29 one-bedroom units, 40 one-bedroom with den units, 30 two-bedroom units and 10 two-bedroom with den units, for a total of 109 dwelling units. The proposed total gross floor area is 8,042 square metres, resulting in a floor space index of 1.69 under City of Toronto Zoning By-law and 1.97 under former City of North York Zoning By-law The proposed height of the apartment building is approximately 13.6 metres plus an additional 5.0 metres for the mechanical penthouse, for a total height of 18.6 metres. While the Planning Rationale describes the proposal as a 4-storey building, portions of the lower level would be above ground at the north end of the building due to the slope of the site. The change in grade results in 5 storeys at the north (side) elevation of the building. There are 10 dwelling units proposed on this lower level, adjacent to the first level of underground parking. The building would generally be setback 3.0 metres from Bayview Avenue, with some private patios encroaching into the setback. The southerly setback would be 5.5 metres and the northerly setback would be 6.0 metres, with some encroachment by private Staff report for action Preliminary Report 3390 to 3398 Bayview Avenue 2

3 patios. Indoor and outdoor amenity space are both proposed at a rate of 2.0 square metres per unit, resulting in 218 square metres of both indoor and outdoor amenity spaces. Both the main floor and lower level would have indoor amenity spaces directly connected to outdoor common terraces. Vehicular access for the proposed development is by way of a private driveway off of Bayview Avenue. The driveway would be located at the south end of the site and would traverse through the building. It would provide access to the two-level underground parking garage from a ramp at the rear of the building. The garage would contain a total of 108 parking spaces, including 81 spaces for residents, 2 spaces for electric cars, 1 space for car sharing, 20 spaces for visitors and 4 accessible parking spaces. There are 83 bicycle parking spaces proposed, including 75 spaces for residents on the first level of underground parking and 8 spaces for visitors at grade to the west of the main entrance. One Type 'G' loading space is proposed at the rear of the building. A fenced-in dog run is proposed at the rear of the building, approximately 4.4 metres from the westerly lot line. The existing 3.07-metre wide sanitary sewer easement that currently runs through the middle of the site is proposed to be relocated parallel to the northerly lot line. It would be 6.0 metres in width. There are private patios, walkways, outdoor amenity space and a vehicular turn-around area proposed within the easement. An undeveloped natural open space area is proposed to be retained at the northwest area (triangular portion) of the lot. Retaining walls would be located along the driveway on the west side of the building to a maximum height of 0.25 metres and along the north side of the building to a maximum height of 1.4 metres. For further project information please see the attached Site Plan (Attachment 1), Elevations (Attachments 2a to 2d) and Application Data Sheet (Attachment 5). Site and Surrounding Area The subject site is irregular in shape and is located on the west side of Bayview Avenue, mid-block between Brenham Crescent to the south and Newton Drive to the north. The site has a Bayview Avenue frontage of approximately 90.8 metres and a lot area of approximately 4,748 square metres. The site is comprised of 5 residential lots and currently contains one single detached dwelling per lot. The applicant indicated there are 5 existing rental units on site. The number of rental units is being researched by staff. The site slopes downward from south to north with a grade change of approximately 5 metres between the south and north lot lines. The northwestern portion of the site is a ravine and TRCA-regulated area containing numerous trees. There is an existing eastwest 3.07-metre wide sanitary sewer easement located in the middle of the site that runs along the northerly lot line of 3394 Bayview Avenue. The immediate area is characterized by low-rise institutional and residential uses comprised of detached dwellings and some townhouse developments along Bayview Avenue. Land uses surrounding the site are as follows: North: 1 to 2-storey single detached dwellings on Bayview Avenue and St. Clare's Staff report for action Preliminary Report 3390 to 3398 Bayview Avenue 3

4 Residence (2 storeys), a transitional care facility for women. South: 1 to 2-storey single detached dwellings and 3-storey townhouse developments along Bayview Avenue. West: 1 to 2-storey single detached dwellings on Rubicon Court. East: Tyndale University College and Seminary is located directly across from the site on the east side of Bayview Avenue. Further east is the Don River Valley system. Provincial Policy Statement and Provincial Plans The Provincial Policy Statement (PPS), 2014 provides policy direction on matters of provincial interest related to land use planning and development. These policies support the goal of enhancing the quality of life for all Ontarians. Key policy objectives include: building strong healthy communities; wise use and management of resources and protecting public health and safety. The PPS recognizes that local context and character is important. Policies are outcome-oriented, and some policies provide flexibility in their implementation provided that provincial interests are upheld. City Council's planning decisions are required to be consistent with the PPS. The Growth Plan for the Greater Golden Horseshoe provides a framework for managing growth in the Greater Golden Horseshoe including: directions for where and how to grow; the provision of infrastructure to support growth; and protecting natural systems and cultivating a culture of conservation. City Council s planning decisions are required to conform, or not conflict, with the Growth Plan for the Greater Golden Horseshoe. Staff will review the proposed development for consistency with the PPS and for conformity with the Growth Plan for the Greater Golden Horseshoe. Official Plan The subject lands are designated Neighbourhoods in the Official Plan (Map 16) which are physically stable areas made up of residential uses in lower scale buildings such as detached houses, semi-detached houses, duplexes, triplexes and townhouses, as well as interspersed walk-up apartments that are no higher than four storeys. Parks, low scale local institutions, home occupations, cultural and recreational facilities and small-scale retail, service and office uses are also provided for in Neighbourhoods. The Healthy Neighbourhood policies of the Plan (Section 2.3.1) also states that Neighbourhoods are considered to be physically stable areas. Development within Neighbourhoods will be consistent with this objective and will respect and reinforce the existing physical character of buildings, streetscapes and open space patterns in these areas. The Official Plan contains specific development criteria related to lands designated Neighbourhoods. Policy states that development in established Neighbourhoods will respect and reinforce the existing physical character of the neighbourhood, including in particular: a) patterns of streets, blocks and lanes, parks and public building sites; Staff report for action Preliminary Report 3390 to 3398 Bayview Avenue 4

5 b) size and configuration of lots; c) heights, massing, scale and dwelling type of nearby residential properties; d) prevailing building type(s); e) setbacks of buildings from the street or streets; f) prevailing patterns of rear and side yard setbacks and landscaped open space; g) continuation of special landscape or built-form features that contribute to the unique physical character of a neighbourhood; and h) conservation of heritage buildings, structures and landscapes. No changes will be made through rezoning that are out of keeping with the physical character of the neighbourhood. The prevailing building type will be the predominant form of development in the neighbourhood. Some Neighbourhoods will have more than one prevailing building type. In such cases, a prevailing building type in one neighbourhood will not be considered when determining the prevailing building type in another neighbourhood. Section states that amendments to the Official Plan that are not consistent with its general intent will be discouraged. Development permitted under an amendment to the Plan is to be compatible with its physical context and will not affect nearby Neighbourhoods or Apartment Neighbourhoods in a manner contrary to the neighbourhood protection policies of this Plan. Bayview Avenue is identified as a major street on Map 3 of the Official Plan but it is not designated as an Avenue on the Urban Structure, Map 2 of the Official Plan. Policy indicates that proposals for intensification of land on major streets in Neighbourhoods are not encouraged by the policies of the Plan. Where a more intense form of residential development than that permitted by existing zoning on a major street in a Neighbourhood is proposed, the application will be reviewed in accordance with Policy 5, having regard to both the form of development along the street and its relationship to adjacent development in the Neighbourhood. The Official Plan also contains built form policies that apply to this development. New development will be massed to fit harmoniously into its existing and/or planned context, and will limit its impacts on neighbouring streets, parks, open spaces and properties by creating appropriate transitions in scale to neighbouring existing and/or planned buildings for the purpose of achieving the objective of this Plan, while providing adequate light and privacy, amongst other things. In addition, new development will locate and organize vehicle parking, vehicular access, service areas and utilities to minimize their impact on the property and on surrounding properties and will improve the safety and attractiveness of adjacent streets, parks and open spaces. OPA 320 As part of the City's ongoing Official Plan Five Year Review, City Council adopted Official Plan Amendment No. 320 on December 10, OPA 320 strengthens and refines the Healthy Neighbourhood, Neighbourhoods and Apartment Neighbourhoods Staff report for action Preliminary Report 3390 to 3398 Bayview Avenue 5

6 policies to support Council s goals in the Official Plan to protect and enhance existing neighbourhoods and to allow limited infill on underutilised apartment sites in Apartment Neighbourhoods. In December 2015 the City submitted OPA 320 to the Minister of Municipal Affairs and Housing for approval. While OPA 320 is City Council s adopted policy, it is not yet in force. Zoning The subject lands are zoned R3 by the former City of North York Zoning By-law 7625, which permits single detached dwellings up to a maximum height of 2 storeys and 8.8 metres on lots having a minimum frontage of 15.0 metres and a lot area of 600 square metres. The subject lands are also zoned RD (f15.0; a600) (x5) by the new Toronto Zoning Bylaw , which permits single detached dwellings up to a maximum height of 2 storeys and 10 metres on lots having a minimum frontage of 15.0 metres of frontage and a lot area of 600 square metres. Site Plan Control The proposal is subject to Site Plan Control. However, an application for Site Plan Control has not been submitted. Tree Preservation City of Toronto By-laws provide for the protection of trees situated on both private and City property. An Arborist Report was submitted with the application and is currently under review by City staff in the context of protecting trees on and adjacent to the site and in the area regulated by the TRCA and Ravine and Natural Protection By-law. The owner will be required to address any issues identified through the review of the application. Ravine Control The northwestern portion to the site (3398 Bayview Avenue and potentially 3396 Bayview) is subject to the provisions of the City of Toronto Municipal Code Chapter 65, Ravine and Natural Feature Protection. Any development within the City s ravine and natural feature protection areas may require a permit from Urban Forestry and is subject to the regulations of the Ravine and Natural Protection By-law. Toronto and Region Conservation Authority The northwestern portion to the site (3398 Bayview Avenue) falls within an area that is subject to Toronto and Region Conservation Authority Regulation O. Reg. 166/06. A permit may be required from the Conservation Authority for any development or site alteration within the regulated area. Staff report for action Preliminary Report 3390 to 3398 Bayview Avenue 6

7 Archaeological Assessment The site is within the Interim Screening Areas for Archaeological Potential identified in the Archaeological Master Plan of the City. A Stage 1 Archaeological Assessment has been submitted for review. Reasons for the Application A site-specific Official Plan amendment is required because the applicant is proposing a building type (a 4 to 5-storey apartment building) and density not permitted, nor found in the immediate neighbourhood. An amendment to both Zoning by-laws is required because the proposed apartment building use, density, building height, gross floor area and setbacks do not meet the provisions of the former City of North York Zoning By-law 7625 and the City of Toronto Zoning By-law , as amended. In addition, proposed performance standards may require zoning amendments. COMMENTS Application Submission The following reports/studies were submitted with the application: Planning Report; Rental Housing Demolition and Conversion Screening Form; Natural Heritage Impact Study; Stage 1 Archaeological Assessment; Transportation and Parking Study; Preliminary Geotechnical Investigation; Functional Servicing Report; Arborist Report; and Toronto Green Standards Checklist. A Notification of Complete Application was issued on February 19, However, following the issuance of this letter, staff identified the need for the additional requirement of a Community Services and Facilities Study. Issues to be Resolved The Official Plan designates the site as Neighbourhoods which are considered physically stable and new development should "fit" within the existing physical character. Development should "respect and reinforce" this character which includes prevailing buildings types as well as heights, massing, scale and dwelling type of nearby residential properties. Proposals for intensification of land on major streets in Neighbourhoods are not encouraged by the policies of the Plan. Where more intense forms of intensification are proposed, they must be reviewed to ensure that they respect and reinforce the existing physical character of the neighbourhood. Staff report for action Preliminary Report 3390 to 3398 Bayview Avenue 7

8 The applicant is proposing a 109-unit apartment building on the site, which consists of 5 single detached dwellings. The proposed use is a building type which is not permitted, nor found in the neighbourhood. The number of units to be included in the development proposes a significant intensification of the site. On a preliminary basis, the following issues have been identified: Conformity with the policies of the Official Plan, including but not limited to Neighbourhoods, Built Form and the Public Realm; The potential of setting a precedent of apartment buildings on Bayview Avenue; Appropriateness of the proposed level of intensification and number of dwelling units; Compatibility and fit of a new building type within the existing and planned physical character of the area; The availability and impact on community services and facilities; Review of the Functional Servicing Report to ensure sufficient servicing infrastructure to support the proposed development; Constraints of the existing sanitary easement, its relocation and encumbrances; Appropriateness of the proposed height including the mechanical penthouse; Appropriateness of the proposed building setbacks; Review of the site organization, building location, massing and organization that would ensure appropriate transition in scale towards the adjacent low-rise neighbourhood, including privacy and overlook issues; Noise and privacy issues of the proposed dog run, visitor parking, driveway and loading space in close proximity to the existing single detached dwellings to the west; An assessment of the amount, location and quality of on-site amenity and open space; Review of the Transportation and Parking Study to determine any traffic impacts including the adequate provision of parking spaces and bicycle parking spaces; Potential impacts and constraints of the site being within an area regulated by the TRCA and the City's Ravine and Natural Protection By-law; Protection of the ravine and TRCA-regulated area and tree preservation on site; The potential for archaeological remains on site; Assessment of existing rental units on site and the possibility of their replacement; and The review of the relationship of the proposal to the public realm, particularly Bayview Avenue including pedestrian access, grading (particularly at the north end of the site), weather protection and streetscape issues. The TGS Checklist has been submitted by the applicant and is currently being reviewed for compliance with the Tier 1 performance measures. Staff report for action Preliminary Report 3390 to 3398 Bayview Avenue 8

9 Additional issues may be identified through the review of the application, agency comments and the community consultation process. CONTACT Doug Stiles, Planner Tel. No Fax No SIGNATURE Joe Nanos, Director Community Planning, North York District ATTACHMENTS Attachment 1: Site Plan Attachment 2a: East Elevation (Bayview Avenue) Attachment 2b: West Elevation Attachment 2c: North Elevations Attachment 2d: South Elevations Attachment 3a: Former City of North York Zoning By-law 7625 Attachment 3b: City of Toronto Zoning By-law Attachment 4: Official Plan Attachment 5: Application Data Sheet Staff report for action Preliminary Report 3390 to 3398 Bayview Avenue 9

10 Attachment 1: Site Plan Staff report for action Preliminary Report 3390 to 3398 Bayview Avenue 10

11 Attachment 2a: East Elevation (Bayview Avenue) Staff report for action Preliminary Report 3390 to 3398 Bayview Avenue 11

12 Attachment 2b: West Elevation Staff report for action Preliminary Report 3390 to 3398 Bayview Avenue 12

13 Attachment 2c: North Elevations Staff report for action Preliminary Report 3390 to 3398 Bayview Avenue 13

14 Attachment 2d: South Elevations Staff report for action Preliminary Report 3390 to 3398 Bayview Avenue 14

15 Attachment 3a: Former City of North York Zoning By-law 7625 Staff report for action Preliminary Report 3390 to 3398 Bayview Avenue 15

16 Attachment 3b: City of Toronto Zoning By-law Staff report for action Preliminary Report 3390 to 3398 Bayview Avenue 16

17 Attachment 4: Official Plan Staff report for action Preliminary Report 3390 to 3398 Bayview Avenue 17

18 Attachment 5: Application Data Sheet Application Type Official Plan Amendment & Application Number: NNY 24 OZ Rezoning Details OPA & Rezoning, Standard Application Date: February 9, 2016 Municipal Address: Location Description: Project Description: 3390, 3392, 3394, 3396 AND 3398 BAYVIEW AVENUE CON 1 EY PT LOT 24 **GRID N2401 A 4-storey apartment building with 109 dwelling units and 8,042 square metres of gross floor area with 108 underground parking spaces and vehicular access from Bayview Avenue. Applicant: Agent: Architect: Owner: GOLDBERG GROUP PLANNING CONTROLS MICHAEL GOLDBERG KIRKOR ARCHITECTS + PLANNERS Official Plan Designation: Neighbourhoods Site Specific Provision: N Zoning: R3 / RD (f15.0, a600)(x5) Historical Status: N Height Limit (m): 10 Site Plan Control Area: Y PROJECT INFORMATION Site Area (sq. m): Height: Storeys: 4 Frontage (m): 90.8 Metres: 13.6 Depth (m): ONTARIO LTD., RICK HORENFELDT, MARK UNGER Total Ground Floor Area (sq. m): Total Total Residential GFA (sq. m): Parking Spaces: 108 Total Non-Residential GFA (sq. m): 0 Loading Docks 1 Total GFA (sq. m): Lot Coverage Ratio (%): 48.5 Floor Space Index: 1.69 DWELLING UNITS FLOOR AREA BREAKDOWN (upon project completion) Tenure Type: Condo Above Grade Below Grade Rooms: 0 Residential GFA (sq. m): Bachelor: 0 Retail GFA (sq. m): Bedroom: 69 Office GFA (sq. m): Bedroom: 40 Industrial GFA (sq. m): Bedroom: 0 Institutional/Other GFA (sq. m): 0 0 Total Units: 109 CONTACT: PLANNER NAME: Doug Stiles, Planner TELEPHONE: dstiles@toronto.ca Staff report for action Preliminary Report 3390 to 3398 Bayview Avenue 18