Director, Community Planning, North York District

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1 STAFF REPORT ACTION REQUIRED 36 and 37 Jane Osler Boulevard and 42 and 44 Cartwright Avenue Zoning By-law Amendment and Draft Plan of Subdivision Approval Applications - Preliminary Report Date: May 22, 2012 To: From: Wards: Reference Number: North York Community Council Director, Community Planning, North York District Ward 15 Eglinton Lawrence NNY 15 OZ NNY 15 SB SUMMARY These applications propose to amend former City of North York Zoning By-law No and to create a Plan of Subdivision to permit the construction of 11 single-detached dwellings fronting a new public street at 36 and 37 Jane Osler Boulevard and 42 and 44 Cartwright Avenue. This report provides preliminary information on the above-noted applications and seeks Community Council's directions on further processing of the applications and on the community consultation process. It is intended that a community consultation meeting be scheduled in consultation with the local Councillor. A Final Report and Public Meeting under the Planning Act to consider the applications is targeted for the end of 2012 provided all required information is submitted by the applicant in a timely manner. Cartwright Avenue 1

2 RECOMMENDATIONS The City Planning Division recommends that: 1. Staff be directed to schedule a community consultation meeting for the lands at 36 and 37 Jane Osler Boulevard and 42 and 44 Cartwright 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. DECISION HISTORY Pre-Application Consultation A pre-application consultation meeting was held with the applicant to discuss complete application submission requirements. ISSUE BACKGROUND Proposal The applicant is proposing an 11 lot subdivision containing two-storey single-detached dwellings fronting a newly created public street. The proposed new street is aligned with the existing east-west portion of Jane Osler Boulevard and would terminate in a cul-desac roughly in the centre of the development site. All 11 proposed dwellings would front the proposed 16.5m right-of-way which would be a single loaded design. Existing houses at Cartwright Avenue would back onto the proposed right-of-way. As indicated on Attachment 2 (Draft Plan of Subdivision), lots on the east side of the proposal would be generally oriented north-south and would be regularly shaped with frontages ranging from 7.6m 9.2m. Lots along the western portion of the proposal would be oriented east-west and be fairly regularly shaped with frontages ranging from 7.5m to 9.0m. The shape of the lots becomes more irregular as they bend to take access from the proposed cul-de-sac. Lots 6 and 7 would be the most irregularly shaped lots and the largest in terms of lot areas (both would be greater than 410m 2 ). The remaining proposed lots range in area from 241m 2 to 331m 2. Elevations of typical proposed single-detached dwellings are presented in Attachment 3. The proposed dwellings would be two storeys with a maximum proposed height of Cartwright Avenue 2

3 approximately 8.0m. The dwellings would be sited with minimum front yard setbacks of 6.0m and rear yard setbacks generally of 7.5m for most lots. The proposed dwelling for Lot 6 would be located 1.5m from the north property line due to the configuration of the lot. The proposed minimum side yard setbacks for each of the proposed dwellings is 0.6m and the proposed maximum coverage ranges from 35% on the larger lots to 45% on the smaller lots. Each of the proposed dwellings would provide two parking spaces through a combination of an integral garage and front yard parking on a driveway. The proposed dwellings are also designed with limited windows on the second storey on the north and in some cases east or west walls to mitigate noise from adjacent industrial/commercial uses as recommended by the submitted Environmental Noise Report. In addition to the restriction on second storey windows, a 3.5m sound barrier along the north property line of the development site would be required to meet the noise attenuation recommendations of the submitted Environmental Noise Report. Additional statistical information on the proposal is presented on the Application Data Sheet (Attachment 6). Site and Surrounding Area The site consists of two existing properties municipally known as 36 and 37 Jane Osler Boulevard and portions of the rear yards of 42 and 44 Cartwright Avenue which are proposed to be severed and conveyed to form part of the development site (see Attachment 5). The retained portions of these properties will continue to support singledetached dwellings in accordance with all applicable zoning by-law requirements. The development site is generally rectangular in shape with a length of 95.8m, a width of 48.5m and an area of 4,790m 2 (0.48ha). The relatively flat site contains two existing single-detached dwellings (36 and 37 Jane Osler Boulevard) as well as sheds and fencing associated with 42 and 44 Cartwright Avenue. All existing structures are proposed to be demolished. The site has an existing frontage of 16.7m on Jane Osler Boulevard that runs west from Dufferin Street just south of Highway 401 directly opposite Yorkdale Shopping Centre. Jane Osler Boulevard turns south directly in front of the development site to intersect irregularly with Cartwright Avenue. These local streets form part of an enclave of low density residential uses between Dufferin Street and Paul David Street surrounded by portions of the Dufferin/Keele South Employment District. The abutting land uses include: North: A variety of industrial and commercial uses fronting Bridgeland Avenue. East: Low density residential development consisting of single-detached dwellings fronting Jane Osler Boulevard. South: Low density residential development consisting of single-detached dwellings fronting Cartwright Avenue. Cartwright Avenue 3

4 West: Low density residential development consisting of single-detached dwellings fronting Astral Street. Provincial Policy Statement and Provincial Plans The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. The PPS sets the policy foundation for regulating the development and use of land. The key objectives include: building strong communities; wise use and management of resources; and protecting public health and safety. 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 by the Official Plan which are considered to be physically stable areas made up of low scale residential development. Development within Neighbourhoods will be consistent with this objective and will reinforce and respect the existing physical character of buildings, streetscapes and open spaces. Local institutional uses such as schools are also provided for within the Neighbourhoods designation, and small-scale retail uses are provided for only on major streets. While Neighbourhoods are intended to be physically stable, they are not intended to be static. The Official Plan requires development within Neighbourhoods to generally "fit" the existing physical character. The Plan is clear that no changes will be made through rezoning, minor variance, consent or other public action that are out of keeping with the physical character of the neighbourhood. This includes attributes such as street and block patterns, size and configuration of lots, height, massing and scale of dwellings, as well as building types and setbacks. The Plan provides for the development of residential uses on properties that vary from the local pattern in Neighbourhoods in terms of lot size, configuration and orientation. Such development is to have heights, massing and scale appropriate for the site and compatible with nearby residential properties. Development on these sites is to provide adequate privacy, sunlight and sky views for residents of new and existing buildings by ensuring adequate distance and separation between building walls and using landscaping, planting and fencing to enhance privacy where needed. The Plan directs development to front onto existing or newly created public streets wherever possible, with no gates limiting public access. Cartwright Avenue 4

5 Immediately abutting the subject lands to the north are lands designated Employment Areas that form part of an Employment District as identified on Map 2 of the Official Plan (Urban Structure). Employment Districts are large areas of lands dedicated for employment growth as part of the Plan's growth management strategy and are characterized by a concentration of office, manufacturing, warehousing or product assembly uses. In Employment Districts, the needs of businesses will take priority in city-building decisions and Employment Districts will be protected from the encroachment of non-economic functions. As such, the policies of the Plan provide for development adjacent to or nearby Employment Districts to be appropriately designed, buffered and/or separated from industries as necessary to mitigate adverse effects from noise, vibration, traffic, odour and other contaminates, and to promote safety and security. Zoning The subject site is zoned One Family Detached Dwelling Fifth Density Zone (R5) by Zoning By-Law No of the former City of North York as indicated in Attachment 5. The R5 zoning permits single-detached dwellings and accessory buildings as well as various recreational and institutional uses. The minimum lot frontage in an R5 zone is 15 metres and the minimum lot area required is 550m 2 with a maximum building coverage of 35%. The maximum building height permitted in the R5 zone is 8.0m for a flat roof and 8.8m for any other type of roof, both to a maximum of 2 storeys. Buildings are required have a setback of 7.5m for the front yard, 9.5m for the rear yard, and 1.8m for a side yard with a qualification that for lots with less than 15m frontage, the side yard setback may be reduced by 0.1m for every 1m of lot frontage less than 15m. Site Plan Control A Site Plan Control application is required but has not been submitted by the applicant. Tree Preservation A total of 36 trees were identified as being located on or within 6 metres of the subject site. Thirteen of these trees are undersized and do not qualify for protection under the City's Private Tree By-law. A total of 8 trees that qualify for protection would require removal while 5 additional trees would have their minimum required tree protection zones encroached upon by the proposed development. One tree (Kentucky Coffee Tree) is listed as a species at risk and would be impacted by construction but proposed to be transplanted to an approved location. Including this transplanted specimen, a total of 15 existing trees would be be preserved under the current proposal. Cartwright Avenue 5

6 Reasons for the Applications A rezoning application is required as the proposed lot frontages and sizes do not meet the minimum requirements of the Zoning By-law. The Plan of Subdivision application is required to establish the 11 proposed lots and the new public street. COMMENTS Application Submission The following reports/studies were submitted with the applications: Draft Plan of Subdivision Topographic Survey Plan Site Plan Floor Plans, Building Elevation and Cross Section Drawings Geotechnical Investigation Phase 1 Environmental Site Assessment Phase 2 Environmental Site Assessment Environmental Noise Report Functional Servicing Report Traffic Impact Statement Tree Inventory and Preservation Plan Planning Justification Report Toronto Green Standard Checklist A Notification of Complete Application was issued on April 30, Issues to be Resolved On a preliminary basis, the following issues have been identified: Compatibility of the proposal with the surrounding neighbourhood in the context of the Neighbourhoods Policies of the Official Plan; Urban design issues in terms of the orientation of the proposed lots and dwelling units, provision of an appropriate streetscape and the overall achievement of high quality design in accordance with the former City of North York Replacement Housing Guidelines; Compatibility of the proposal with the adjacent commercial/industrial uses within the abutting Employment District; The protection and retention of privately owned trees both on the subject lands and on adjacent properties; The appropriateness of the proposed stormwater management measures; Appropriateness of the proposed 16.5m right-of-way for the proposed public street to be conveyed to the City and appropriate access controls via 0.3m reserves; and Cartwright Avenue 6

7 Performance standards for the dwellings including lot area, frontage, setbacks, coverage, height, etc. 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 applications, agency comments and the community consultation process. CONTACT Christian Ventresca, Planner Tel. No Fax No SIGNATURE Allen Appleby, Director Community Planning, North York District ATTACHMENTS Attachment 1: Site Plan Attachment 2: Draft Plan of Subdivision Attachment 3: Elevations Attachment 4: Official Plan Attachment 5: Zoning Attachment 6: Application Data Sheet Cartwright Avenue 7

8 Attachment 1: Site Plan Cartwright Avenue 8

9 Attachment 2: Draft Plan of Subdivision Cartwright Avenue 9

10 Attachment 3: Elevations Cartwright Avenue 10

11 Attachment 4: Official Plan Cartwright Avenue 11

12 Attachment 5: Zoning Cartwright Avenue 12

13 Attachment 6: Application Data Sheet Application Type Rezoning Application Number: NNY 15 OZ Details Rezoning, Standard Application Date: March 28, 2012 Municipal Address: Location Description: Project Description: 36 JANE OSLER BLVD PLAN 3155 PT LOTS 19 & 20 RP 64R11319 PART 2 **GRID N1501 Proposed to construct eleven single detached dwellings and a new public street on a lot created by two exising properties fronting Jane Osler Boulevard and the backyards severed from two properties of Cartwright Avenue. Applicant: Agent: Architect: Owner: ROBERT DRAGICEVIC PLANNING CONTROLS Official Plan Designation: Neighbourhoods Site Specific Provision: Zoning: R5 Historical Status: Height Limit (m): 8.8 Site Plan Control Area: PROJECT INFORMATION Site Area (sq. m): 4791 Height: Storeys: 2 Frontage (m): 16.7 Metres: 8.8 Depth (m): 51.5 PERILIO LECCE Total Ground Floor Area (sq. m): 0 Total Total Residential GFA (sq. m): Parking Spaces: 0 Total Non-Residential GFA (sq. m): 0 Loading Docks 0 Total GFA (sq. m): Lot Coverage Ratio (%): 0 Floor Space Index: 0.38 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: 11 Institutional/Other GFA (sq. m): 0 0 Total Units: 11 CONTACT: PLANNER NAME: Christian Ventresca, Planner TELEPHONE: (416) Cartwright Avenue 13

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