1202 & 1204 Avenue Road Zoning By-law Amendment Application - Preliminary Report

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1 STAFF REPORT ACTION REQUIRED 1202 & 1204 Avenue Road Zoning By-law Amendment Application - Preliminary Report Date: March 17, 2017 To: From: Wards: Reference Number: North York Community Council Director, Community Planning, North York District Ward 16 Eglinton-Lawrence NNY 16 OZ SUMMARY This application proposes to amend the former City of North York Zoning By-law 7625 and City-wide Zoning By-law for the lands at 1202 and 1204 Avenue Road, to permit a six unit, 3-storey townhouse development on a lot at the north-west corner of Avenue Road and Hillhurst Boulevard. Access to 6 rear parking spaces is proposed via a one-way driveway from Hillhurst Boulevard exiting onto Avenue Road. This report provides preliminary information on the above-noted application and seeks Community Council's directions on further processing of the applications and on the community consultation process. A statutory public meeting will be scheduled once the applicant provides all required information in a timely manner and addresses all outstanding issues. RECOMMENDATIONS The City Planning Division recommends that: 1. Staff be directed to schedule a community consultation meeting for the lands at 1202 and 1204 Avenue Road together with the Ward Councillor. Staff report for action Preliminary Report & 1204 Avenue Road 1

2 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 Pre-application consultation discussions were held on August 2, 2016, and September 1 st and 23 rd, Matters discussed included; building setback from Avenue Road and adjacent buildings, vehicular access, number of proposed units, sidewalk width, adherence to angular plane, and relocation of a transit shelter and traffic control box located at the northwest corner of Avenue Road and Hillhurst Boulevard. Staff also expressed significant concerns with the proposed massing and density of the proposed development. In addition, staff worked with the applicant to identify complete application submission requirements. The applicant submitted the application on November 21, 2016 proposing a 7 unit 3- storey townhouse development, with a driveway access from Avenue Road. On January 19, 2017 the applicant subsequently amended the application and submitted revised plans proposing a 6 unit, 3-storey townhouse development with one way 4.5 metre wide inbound driveway access from Hillhurst Boulevard and a 4.5 metre wide outbound driveway onto Avenue Road, and which is the subject of this preliminary report. ISSUE BACKGROUND Proposal This application proposes to demolish the existing 2-storey residential rental building at 1202 & 1204 Avenue Road and to construct a six unit, 3-storey residential townhouse complex. As designed each townhouse unit would consist of 3 bedrooms and include one parking space in an at-grade garage located at the rear of the units. Access is proposed from a one way 4.5 metre wide driveway inbound at Hillhurst Boulevard and with a 4.5 metre wide outbound driveway onto Avenue Road. As designed, the proposed townhouse units would have 1 st floor terraces at the rear of each unit, and except for the end units, 3 rd floor terraces looking onto Hillhurst Boulevard. Three new City trees along Hillhurst Boulevard and one additional private tree at the rear of the site are proposed as part of the landscape plan for the proposal. The existing residential building is used for residential rental purposes and currently has 5 rental units comprising four 2-bedroom units, and one 1-bedroom basement unit. There was a sixth rental dwelling unit in the building as recently as two-years ago, the status of which is being clarified with the applicant. Staff report for action Preliminary Report & 1204 Avenue Road 2

3 Site Statistics Residential Gross Floor Area 1,389 m 2 Floor Space Index 1.9 Lot Coverage 46 % Storeys (Height) 3 (13.2 metres) Residential Townhouse Units (condominium tenure) 6 units in total (3-bedroom units) Residential Townhouse Vehicular Visitor Parking Proposed setbacks Landscape Open Space Soft landscape Open Space 6 (1 per unit in attached garage at rear) 0 East side (Avenue Road) metres South side (Hillhurst Blvd.) metres West side metres North side metres 36 sq. metres 55 sq. metres Proposed amenity space would consist of front terraces and rear balconies. Site and Surrounding Area This corner lot is located at the north-west intersection of Avenue Road and Hillhurst Boulevard, and has a frontage along Avenue Road of 14 metres and a depth along Hillhurst Boulevard of 32 metres. The site is flat and presently occupied by a two-storey detached dwelling that was converted into multiple rental units. A detached two car garage is located at the rear with driveway access onto Hillhurst Boulevard. The corner of Avenue Road and Hillhurst Boulevard is also a signalized intersection. Although Avenue Road is a busy north-south artery abutting the subject site, it is not considered an Avenue in the Official Plan Urban Structures map. The area is characteristic of a stable residential neighbourhood, with many of the dwellings along Avenue Road converted into multiple unit buildings. Land uses surrounding the subject site includes: North: Immediately to the north is located a 2-storey residential building, with rear yard parking served by a driveway to Avenue Road. Further north are 2-storey residential buildings, and a 6 unit, 3-storey residential townhouse development at the southeast corner of Avenue Road and Lytton Boulevard. This development was refused for a Minor Variance application by the Committee of Adjustment (File # MV), but ultimately approved at the Ontario Municipal Board on September 11, A Site Plan application was also made on August 20, 2008 (File # NNY 16 SA) and Notice of Approval Conditions were issued on February 22, Staff report for action Preliminary Report & 1204 Avenue Road 3

4 North on Avenue Road, is also located a 6 unit, 3-storey residential townhouse development at the southwest corner of Avenue Road and Lytton Boulevard. This development was also refused by the Committee of Adjustment (File # MV) but ultimately approved by the Ontario Municipal Board on September 21, A Site Plan application was made on June 12, 2014 (File # NNY 16 SA) and Notice of Approval Conditions were issued on February 17, The development is presently under construction. West: on Hillhurst Boulevard is located a residential neighbourhood comprised of twostorey detached dwellings. South: Hillhurst Boulevard and beyond along Avenue Road are located 2-storey residential buildings toward Eglinton Avenue West. East: Avenue Road and beyond along Hillhurst Boulevard is a residential neighbourhood comprised of two-storey detached dwellings. 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, by the Planning Act, 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, as the case may be, 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. This designation provides for townhouse developments among other low-rise residential uses that are four storeys or less. The proposal is also being reviewed under Policy which addresses intensification on major streets in Neighbourhoods. Avenue Road is identified in the Official Plan as a major street and proposals for intensification of lands on major streets in Neighbourhoods are not encouraged by the policies of the Plan. Where a more intense form of residential Staff report for action Preliminary Report & 1204 Avenue Road 4

5 development than that permitted by existing zoning on a major street in a Neighbourhood is being proposed, the policy requires that the proposal be reviewed in accordance with Policy 4.1.5, and requires that developments in established Neighbourhoods have regard to both the form of development along the street and its relationship to the adjacent development in the Neighbourhood and 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; 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. The Built Form policies in Section of the Plan will also be utilized to assess the proposed development. Section provides direction for new development with respect to its location and organization such that it fits within, and respects, its existing and planned context. It states: "New development will be located and organized to fit within its existing and/or planned context. It will frame and support adjacent streets, parks and open spaces to improve the safety, pedestrian interest and casual views to these spaces from the development by: a) generally locating buildings parallel to the street or along the edge of a park or open space with a consistent front yard setback. On a corner site, the development should be located along both adjacent street frontages and give prominence to the corner; b) locating main building entrances so that they are clearly visible and directly accessible from the public sidewalk; c) providing ground floor uses that have views into and, where possible, access to, adjacent streets, parks and open spaces; and d) preserving existing mature trees wherever possible and incorporating them into landscaping designs." The Toronto Official Plan is available on the City s website at: 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 Neighbourhoods, Neighbourhoods and Apartment Neighbourhoods Staff report for action Preliminary Report & 1204 Avenue Road 5

6 policies to support Council s goals to protect and enhance existing neighbourhoods and to allow limited infill on underutilized apartment sites in Apartment Neighbourhoods. The Minister of Municipal Affairs approved and modified OPA 320 on July 4, The Ministry received 57 appeals to OPA 320 and it has been appealed in its entirety. As a result, OPA 320 as approved and modified by the Minister is relevant but not determinative in terms of the Official Plan policy framework. Official Plan Amendment 320 as adopted by City Council is available on the City's website at: Zoning The site is subject to the former City of Toronto Zoning By-law and City-wide By-law Under the former City of Toronto Zoning By-law , the site is zoned as a R2 Z0.6 (residential districts zone). Various building types are permitted in an R2 zone, including an apartment building, duplex, row house and semi-detached duplex, house or triplex. Under City-wide Zoning By-law , the site is zoned R (f15.0; d0.6) (X761) (residential zone). A Dwelling Unit is permitted in the following building types; detached house; semi-detached house; townhouse; duplex; triplex; fourplex; and apartment building. Urban Design Guidelines for Infill Townhouses The Urban Design Guidelines for Infill Townhouses (2006) articulate and clarify the City s interest in addressing townhouse development impacts, with a focus on protecting streetscapes, adjacent properties and seamlessly integrating new development into the existing context. The Guidelines provide a framework for site design and built form to achieve good urban design and an appropriate scale and form of development for applications proposing low-rise, grade related residential units constructed in rows or blocks. The Guidelines can be viewed at: A comprehensive update to the Townhouse Guidelines is currently underway. Updated Townhouse and Low-Rise Apartment Guidelines further clarify and expand upon the Council-approved 2006 Guidelines to reflect current trends and best practices for a broader range of multi-dwelling development up to four storeys in height. The latest draft of the Townhouse and Low-Rise Apartment Guidelines can be viewed online at d60f89RCRD. Prior to presenting a finalized version of these Guidelines for Council consideration and adoption later this year, City Staff are currently refining and consulting upon the draft Guidelines, in part through their use during the review of Development Applications. Staff report for action Preliminary Report & 1204 Avenue Road 6

7 Site Plan Control The proposal is subject to Site Plan Control. A Site Plan application has been submitted and is being reviewed concurrently with this application (File # NNY 16 SA). Rental Housing Demolition On December 19, 2016 City Planning staff conducted a site visit with the applicant to determine the number of dwelling units and the number of rental dwelling units in the existing building. Based on the site visit staff determined that five rental dwelling units exist on site. Based on a review of City records and sales records, it was further determined that a sixth rental dwelling unit existed in the building some time in the last two years. The Rental Housing Demolition and Conversion By-law ( ), contained in Chapter 667 of the City s Municipal Code, is one of the tools which implements the City s Official Plan policies protecting rental housing. The By-law prohibits demolition or conversion of rental dwelling units in a building or related group of buildings containing six or more dwelling units, and at least one rental dwelling unit, unless a permit is issued by the City under Section 111 of the City of Toronto Act, Demolition, as defined in the By-law, may be to all or part of a building, and includes interior renovations or alterations that result in a change to either the number of rental dwelling units, or the type of rental units by bedroom type. Proposals in which six or more rental dwelling units will be affected require a decision by City Council. Council may refuse an application, or approve the demolition with conditions that must be satisfied before a demolition permit is issued. Council approval of demolition under Section 33 of the Planning Act is also required where six or more dwelling units are proposed for demolition before the Chief Building Official can issue a permit for demolition under the Building Code Act. Official Plan Policy 3.2.1(6) requires that when six or more rental dwelling units are to be demolished for new development those units will be replaced in the new development with at least the same number, size and unit type, and at rents similar to the time of application. The applicant has been requested to submit a Rental Housing Demolition and Conversion Application. However, the applicant has formally indicated that they do not agree with the determination that a sixth rental unit exists. Staff will continue to work with the applicant to determine an appropriate approach to resolving rental housing matters. Staff report for action Preliminary Report & 1204 Avenue Road 7

8 Reasons for the Application The proposed townhouse use is permitted within both the existing former City of Toronto Zoning By-law and City-wide Zoning By-law Amendments to the Zoning By-laws are required to implement development standards to regulate the new development such as: setbacks, height, lot depth and frontages, vehicular access and parking, landscaping and overall coverage and density. COMMENTS Application Submission A Notification of Incomplete Application issued on December 21, 2016 identifies the outstanding material required for a complete application submission as follows: - Hydro-geological report; and - Housing Issues Report and application for a Section 111 permit pursuant to Chapter 667 of the Toronto Municipal Code to demolish the existing rental dwelling units on site. Issues to be Resolved Planning staff have significant issues with the proposed massing, coverage, density, setbacks and proposed vehicular access for six townhouse dwelling units on an existing single family lot in an established Neighbourhoods designation. On a preliminary basis, the following issues have been identified: - Conformity with Official Plan policies; - Compliance with the City s Infill Townhouse Guidelines and Low-rise Design Guidelines ; - Siting and orientation of the townhouses and the relationship of the building to the adjacent neighbouring low density residential dwellings, including appropriate transition and landscape buffer; - Appropriateness of the massing, density, coverage and height of the proposed townhouses; - Appropriateness of the proposed lot frontages and lot depths; - Appropriate landscaped open space and amenity area; - Appropriate setbacks for the proposed development; - Storage and location of curbside garbage pick-up; - Assessment of the proposed vehicular access and egress and parking on the site; - Assessment of site servicing including stormwater management; and - Determination of the rental housing status and matters where, should six rental dwelling units be ultimately determined to exist, the Official Plan requires the replacement of the rental units proposed to be demolished with the same number, size and type of units with similar rents. Staff report for action Preliminary Report & 1204 Avenue Road 8

9 The TGS Checklist has been submitted by the applicant and is currently under review by City staff for compliance with the Tier 1 performance measures. Additional issues may be identified through the review of the application, agency comments and the community consultation process. CONTACT Ben DiRaimo, Planner, Community Planning Tel. No. (416) Fax No. (416) SIGNATURE Joe Nanos, Director Community Planning, North York District ATTACHMENTS Attachment 1: Site Plan Attachment 2: East Elevation Attachment 3: North Elevation Attachment 4: South Elevation Attachment 5: West Elevation Attachment 6: Zoning (former City of Toronto By-law No ) Attachment 7: Zoning (City-wide Zoning By-law ) Attachment 8: Official Plan Attachment 9: Application Data Sheet Staff report for action Preliminary Report & 1204 Avenue Road 9

10 Attachment 1: Site Plan Staff report for action Preliminary Report & 1204 Avenue Road 10

11 Attachment 2: East Elevation Staff report for action Preliminary Report & 1204 Avenue Road 11

12 Attachment 3: North Elevation Staff report for action Preliminary Report & 1204 Avenue Road 12

13 Attachment 4: South Elevation Staff report for action Preliminary Report & 1204 Avenue Road 13

14 Attachment 5: West Elevation Staff report for action Preliminary Report & 1204 Avenue Road 14

15 Attachment 6: Zoning (former City of Toronto By-law No ) Staff report for action Preliminary Report & 1204 Avenue Road 15

16 Attachment 7: Zoning (City-wide Zoning By-law ) Staff report for action Preliminary Report & 1204 Avenue Road 16

17 Attachment 8: Official Plan Staff report for action Preliminary Report & 1204 Avenue Road 17

18 Attachment 9: Application Data Sheet Application Type Rezoning Application Number: NNY 16 OZ Details Rezoning, Standard Application Date: November 21, 2016 Municipal Address: Location Description: Project Description: 1202 AVENUE RD PLAN M346 LOT 215 **GRID N1605 REVISED proposal for a 6-unit, 4-storey townhouse development on a lot at the north-west corner of Avenue Road and Hillhurst Blvd. Access to 6 rear parking spaces via a driveway from Hillhurst Blvd. exiting onto Avenue Road. Concurrent Site Plan application - File # NNY 16 SA Applicant: Agent: Architect: Owner: LARENDALE HOMES INC c/o Giselle Vallieres 5255 Yonge St., Toronto, Ontario M2N 6P4 N/A PETER HIGGINS 124 Merton St, Suite 204 Toronto, Ontario M4S 2Z2 QINGXIN SHAO 86 Pemberton Avenue Toronto, Ontario M2M 1Y5 PLANNING CONTROLS Official Plan Designation: Neighbourhoods Site Specific Provision: N Zoning: R (f15.0; d0.6)(x761) Historical Status: N Height Limit (m): 11 Site Plan Control Area: Y PROJECT INFORMATION Site Area (sq. m): Height: Storeys: 3 Frontage (m): Metres: Depth (m): Total Ground Floor Area (sq. m): Total Total Residential GFA (sq. m): Parking Spaces: 6 Total Non-Residential GFA (sq. m): 0 Loading Docks 0 Total GFA (sq. m): Lot Coverage Ratio (%): 46.1 Floor Space Index: 1.97 DWELLING UNITS FLOOR AREA BREAKDOWN (upon project completion) Tenure Type: Freehold Above Grade Below Grade Rooms: 0 Residential GFA (sq. m): Bachelor: 0 Retail GFA (sq. m): Bedroom: 0 Office GFA (sq. m): Bedroom: 0 Industrial GFA (sq. m): Bedroom: 6 Institutional/Other GFA (sq. m): 0 0 Total Units: 6 CONTACT: PLANNER NAME: Ben DiRaimo, Planner, Community Planning TELEPHONE: (416) Staff report for action Preliminary Report & 1204 Avenue Road 18

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