RECOMMENDATION:
That the Development Services Commission report dated June 17, 2003,
entitled “Toronto Ling Liang Church, Official Plan and Zoning By-law Amendments
and Site Plan Approval to permit
a 55 unit retirement apartment building at 288 Clayton Drive
[Files: OP. 02-118830, ZA. 02- 118835,
SC. 03-107361]” be received;
And that the Official Plan Amendment application (OP.02-118830)
submitted by the Ling Liang Church, be approved and the draft Official Plan
Amendment attached as Appendix ‘A’ be finalized and adopted;
And that the Zoning By-law Amendment application (ZA. 02-118835)
submitted by the Ling Liang Church, be approved and the draft Zoning By-law
Amendment attached as Appendix ‘B’ be finalized and enacted;
And that the Site Plan application (SC. 03-107361) submitted by the Ling
Liang Church to permit a 5030 m², 55 unit retirement apartment building at 288
Clayton Drive be approved subject to the following conditions:
1.
That the final site plan and elevation drawings
be submitted to the satisfaction of the Commissioner of Development Services;
2.
That a Landscape Plan be submitted,
which includes perimeter landscaping and landscaping details discussed in this
report, prepared by a Landscape Architect having O.A.L.A. membership, to the
satisfaction of the Commissioner of Development Services;
3.
That the Owner comply with all requirements of
the Town and authorized public agencies, to the satisfaction of the
Commissioner of Development Services;
4.
That the Owner enter into a site plan agreement
with the Town, containing all standard and special provisions and requirements
of the Town and public agencies including the following:
(a)
Provision for internal garbage storage at the
north end of the apartment building;
(b)
Provision
for the payment by the Owner of all applicable fees, recoveries, development
charges, parkland dedications and financial obligations related to applicable
Development Group Agreements;
(c)
Provision to ensure that should the property
sever as a result of mortgage default, the Owner will register cross use
agreements over the internal driveways, access ramps, and shared parking
spaces;
(d)
Provision to ensure that the Owner will not
obstruct the flow of water within the swale along the west and south property
lines, as per the existing easement on the swale registered in favour of the
Town; and
(e)
Provision requiring the Owner to post a letter
of credit in the amount of $5000, which will be held for 2 years from the date of occupancy,
and which will be drawn upon to fund improvements at the northerly access from
Clayton Drive if necessary.
And that a water supply allocation for up to 55 units be granted from
the Town’s reserve;
And Further that the site plan approval shall lapse after a period
of three years commencing June 17, 2003, in the event a site plan agreement is
not executed within that period.
PURPOSE:
The purpose of this report is to
recommend site plan approval, as well as approval of official plan and zoning
by-law amendment applications to permit the construction of a 55-unit
retirement apartment complex.
BACKGROUND:
The subject property is located at the southwest
corner of Denison Street and Clayton Drive, municipally known as 288 Clayton
Drive, and has a lot area of 0.8783 hectare (2.17 acre). The north portion of the property is
occupied by an existing 1,133.5 m² (12,200 ft²) place of worship, which was
constructed in 1998 (Figures 2 and 3).
The property is bounded to the south by single
detached dwellings, to the east across Clayton Drive by an existing industrial
use, and to the west as well as to the north across Denison Street by vacant
industrial properties. There are no
significant natural features on site (Figure 3).
A 55 unit
seniors/early retirement rental apartment complex is proposed
The applicant submitted applications for official plan
and zoning by-law amendments, as well as site plan approval to permit a 60-unit
rental apartment complex for early retirement and senior residents in the 50 to
75 year age bracket with moderate incomes.
The proposal was modified through discussions with staff to reduce the
number of units to 55. The current
plans show a low-rise 55-unit apartment with a gross floor area of 5030 m² (54,144 ft²) (Figure 4 and 5). The apartment is proposed to be 4 storeys,
with a total height of 12.2 metres. The
applicant is proposing 53 one-bedroom (595 ft²) units and 2 two-bedroom (834
ft²) units.
The basement area of the building will contain storage
lockers, laundry facilities, fitness room, a common room, and rooms which will
be used to offer the residents classes such as Tai Chi, flower arrangement,
etc.
Town’s Place of
Worship study remains to be completed but preliminary findings are available
The Town has retained a consultant to undertake a review
of Town policies relating to places of worship, and in particular large scale
“regional” places of worship. This
study will address issues such as appropriate locations for places of worship
of various sizes and scales, including the appropriateness of such uses within
various land use classifications, development standards, and accessory uses
that should be permitted. The
consultant has prepared a final report which is to be received at the June 17,
2003 Development Services Committee meeting. Preliminary information indicates
that the Place of Worship Study will be recommending that places of worship be
deleted from the list of permitted uses in the Business Park Area designation
and that the Town introduce a new parking standard of approximately 1 parking
space for every 4 seats, or 1 parking space for every 9 m² of net floor area,
whichever is greater.
DISCUSSION:
Official Plan and Zoning By-law amendments are required
The lands are currently designated Business Park in
the Official Plan. The primary intent
of this designation is to accommodate higher order office/industrial uses, but the current policies also permit places of
worship. An official plan amendment,
however, is required to permit residential uses. As noted above, the ongoing Place of Worship Study is
recommending that places of worship be deleted from the list of permitted uses
in the Business Park Area designation.
Therefore, the proposed residential apartment use, and likely the
existing place of worship use, would not be in keeping with the intent of the
“Business Park Area” and would be better suited to an “Urban Residential”
designation which would permit both these uses. The official plan amendment attached as Appendix ‘A’ will
re-designate the subject property from “Business Park Area” to “Urban
Residential”.
The subject lands are currently zoned Select
Industrial and Limited Commercial MC (40%) under By-law 108-81, as
amended. In 1996, a site specific
zoning by-law amendment (By-law 168-96) added specific permission for a place
of worship, private school and day care on the property. The proposed zoning by-law, attached as
Appendix ‘B’, would delete the lands from By-law 108-81, which is an
industrial/commercial by-law, and rezone the subject lands to Medium Density
Residential (RMD 2) under By-law 72-79, as amended. The previous permissions for a place of worship, private school,
daycare, and parking standards will be carried forward into the new by-law. The amending by-law also includes a
provision to ensure that, for zoning purposes, the subject property is
considered as one lot, despite any future severance.
It should be noted that the official plan and zoning
by-law amendments, attached as Appendix ‘A’ and ‘B’ respectively, are in draft
form, and based on further review there may be some minor modifications to
these documents prior to final approval by Council.
Amenity area is proposed at north end of building
The closest public park to this proposed
development is the Miliken Mills Community Centre park at the southwest corner
of 14th Avenue and Kennedy Road. This park is some distance removed
from the subject site, and given that the balconies are now proposed to be
fully enclosed as discussed below, it was felt that an outdoor amenity area
should be provided on-site to serve the proposed apartment complex. The applicant has agreed to this request by
staff.
The ground floor units facing Clayton
Drive and the parking lot would have small private patio areas which will be
screened by a 1.2 metre high decorative wrought iron fence and evergreen
hedge. The rest of the units in the
building will be served by the new outdoor amenity area of approximately 110 m2
at the north end of the apartment complex.
This area will be landscaped and contain a seating area, and will also
be enclosed with a 1.2 metre high decorative wrought iron fence and an
evergreen hedge.
Additional landscape opportunities have been provided
There
is currently a 3 metre wide swale adjacent to the south and west property
lines, which are used to direct run-off from the subject property and the
properties to the south to a catch basin. Engineering has advised that some
landscaping may occur on the banks of the swale, provided it does not impede
the flow of run-off. The site plan has
been revised to incorporate a 3 metre landscape buffer, in addition to the
existing 3 metre swale, along a portion of the south property line, adjacent to
the residential properties to the south.
This landscape area can be planted with columnar evergreen trees (to be
addressed through the landscape plan) to buffer the existing residential
properties to the south.
The proposed access and egress to the property is
considered acceptable
The existing
full moves access on Clayton Drive will be relocated further south to the south
end of the property where the south parking lot is located. The vehicles in the south parking lot will
have full movement through this access.
However, the main parking lot to the west of the apartment building will
be linked to this access by a one way driveway. Vehicles in the main parking
lot will be able exit this site through this south access but vehicles in the
south lot will not be able to access the main parking lot through this
entrance. The two parking lots were
initially linked by a two-way driveway but it was changed to a one-way driveway
to both increase the landscape opportunities adjacent to the residential
properties to the south and to reduce the vehicular movement adjacent to those
residential properties.
The existing
northerly access into the site from Clayton Drive will be retained and improved
from a one-way driveway into the property to accommodate right-in, left-in and
right-out movements to serve both the apartment and the church. As this access
is relatively close to the Clayton Drive/Denison Street intersection it is
somewhat dangerous to carry out left-out movements through this access. Traffic monitoring will ensure that such
movements are not occurring, particularly after Sunday service. The applicant
will be required to post a letter of credit in the amount of $5000, which will
be held for 2 years from the date of occupancy, and which will be drawn upon,
if necessary, to fund improvements at the northerly access which may involve
reverting the access back to a one-way drive.
The site will
retain the existing right-in/right-out
access onto Denison Street which will serve both the existing church and the
apartment complex.
Concerns
raised at the Public Meeting have been addressed
A public meeting was held on Tuesday, March 25, 2003
to consider these applications. Several
concerns were raised by Councillors, and by residents through written
submissions and deputations. These
concerns relate to the location and height of the building and its potential
impact on the residential properties to the south, location of the garbage
room, preference for an industrial use, concern for the vacant industrial lands
to the west, and concerns with open balconies.
Staff have reviewed the concerns raised and have the following comments:
Building
location is acceptable
Some Council members asked if alternate building
locations on site had been explored and suggested that option to locate the
building further north on the site, away from existing residences, be
explored. Staff met with the
applicant’s architect and explored options for accommodating the building on
this site. Alternate locations posed
significant problems such as impeding the Denison Road access and on-site
traffic circulation, isolating the majority of the place of worship parking
from the place of worship, less desirable relationships between the proposed
apartment building and both the industrial lands to the west and the
residential properties to the south.
The location of the building as currently proposed is
considered to be the best alternative for the following reasons:
- Placement
of building close to street provides some massing along Clayton Drive;
- Majority
of the parking area is screened from Clayton Drive;
- Minimizes
impact on adjoining residences to the south, as the windows/balconies do
not directly face the dwellings to the south;
- Appears
to be the best location with respect to the relationship of the apartment
building to the site constraints and context.
Height of the
building is acceptable
Some area residents expressed concerns with the
proposed 4-storey apartment height and its visual impact on the residential
properties to the south as well as its potential impact on privacy. The existing church is approximately 10.7
metres in height measured to the mid-point of the gable roof, and the apartment
is proposed to be 12.2 metres in height, with a flat roof. The properties to the south of the subject
property are 2-storey single detached dwellings with an average height of
approximately 8.5 metres. It should be
noted that the maximum height currently permitted for an industrial/office use
at this location is 14 metres.
Having regard for the concerns expressed, staff
reviewed with the applicant the feasibility of reducing the number of units
further, reducing the footprint of the building by increasing the height,
transferring some height from the south end of the building to the north end
etc. However, due to financial or technical reasons these changes were not
feasible.
It should be noted that the apartment building, as
proposed, does not have any windows or balconies on the south side and no
windows or balconies directly front onto the properties to the south. In addition, as discussed above, landscape
opportunities (ability to provide columnar evergreen trees) to provide visual
buffer have been significantly increased along the south property line in areas
where balconies or windows have the potential to overlook properties to the
south.
Given the distance separation between the existing
dwellings and the apartment building (approximately 28 metres [90 feet] at the
closest point), the north-south orientation of the apartment building and the
landscaping opportunities available along the mutual boundary, staff consider
the proposed apartment height to be acceptable, and compatible with the
existing residential uses to the south.
Proposed
density is acceptable
An area resident expressed some concern with the
proposed density. The apartment is
proposed to have a maximum of 55 units.
The net site density for the subject property is 62 units/ha (25
units/acre), which is within density target range for the Medium Density 2
Housing in the Official Plan. This density, particularly given the
acceptability of the built form as discussed above, is considered acceptable
for this site having regard to site context and gradation of density.
Apartment use
is appropriate for the subject property and should not compromise industrial
uses to the west.
Some residents expressed a preference for industrial
uses at the subject site while another expressed a concern that approval of
this development would set a precedent that would lead to the vacant industrial
lands to the west being developed as residential. In fact the portion of the lot proposed to be occupied by the
apartment is approximately 0.53 ha (1.3 acres) in size, is awkward in shape,
and abuts a place of worship to the north and residential uses to the
south. This site is better suited to be
developed as proposed rather than with industrial uses. The vacant lots to the
west are well configured to accommodate industrial uses, and will continue to
be designated and zoned for industrial use.
Balconies to
be enclosed
Some concern was expressed by members of Council that
open balconies, as initially proposed, would be used for storage and possibly
for drying laundry and would become unsightly over time. To address this concern the applicant has
agreed to fully enclose the balconies.
Garbage room
to be located at the north end of the building
A concern was raised that the garbage room, which was
proposed to be located on the south side of the building, may result in noise
and odours that could impact the residential properties to the south. The applicant has agreed to move the garbage
room to the north end of the building.
Applicant
will be applying for funding through the affordable housing program
In December 2002, the Minister of Municipal Affairs
and Housing announced details of the first phase of the Community Rental
Housing component of the joint Federal/Provincial Affordable Housing
Program. The Community Rental Housing
program focuses on creating new, affordable rental units in multi-residential
buildings where rents would have to remain affordable for a minimum period of
15 years.
The Province has designated the Region of York as the
Consolidated Municipal Service Manager (CMSM) to manage tender calls and select
projects best suited to meet local needs.
In total, 300 units have been allocated to York Region for the first
phase of the Community Rental Housing Program.
The applicant has received funding from CMHC to cover soft costs (i.e.
architect fees, surveyor fees, etc), and intends to apply to York Region for
funding under the Community Rental Housing Program. The applicant’s agent has also advised that the project has been
designed so that it would be financially viable with or without Federal
funding. Rents are projected to be
$770-790 for one-bedroom units, and $910-930 for two-bedroom units.
Applicant
will be applying for a consent to sever for mortgage purposes
The applicant has advised that they will be applying
for consent to sever for mortgage purposes. If this consent application is
approved, the place of worship and proposed apartments would be considered
separate lots only if the mortgage were to go into default. As long as the whole property remains under
one ownership, the church and the proposed apartment complex will continue to
be owned and operated by the church and remain integrated as one site.
Parking
study has been completed for the subject property
The applicant has submitted a Parking Demand Study
completed by a qualified transportation consultant. A summary of the main points and conclusions of the study is
outlined below.
The Study indicates that the site is accessible by
transit and is serviced by York Region Transit Route 2, which travels along
Denison Street. Staff have confirmed
that the bus service is provided in both directions every 15 to 20 minutes on
weekdays and approximately every 40 minutes to an hour on weekends and on
holidays.
The Church currently has a membership of approximately
80-100 people with a seating capacity of up to 300 people, and offers one
Sunday service between 11:00 am and 12:30 pm.
Youth group activities and a weekday evening service are also offered at
this church once a week, with an average of 15 to 20 people attending each of
these activities.
The study found that peak parking demand for the place
of worship occurred on Sunday, with a current demand of 21 parking spaces, with
an average of 3.6 persons per vehicle.
The Church’s goal is to have the congregation grow to approximately 200
people, which (at the rate of 3.6 persons per vehicle) would demand 55 parking
spaces, which would still result in a surplus of 17 spaces. The church is not expected to be used to
its capacity except on special religious holy days.
The Study notes that the Church currently offers a
shuttle bus service to transport people to and from the church. It is expected that this service will
continue in the future. If required
this shuttle service would likely be increased, in terms of the area covered
and/or the number of buses utilized, to
accommodate parishioners to and from the Church service. In addition, some of the new members
anticipated to join the congregation would be residents of the proposed
apartment and would not require additional parking.
The Study notes that the Town of Markham parking
by-law includes the same parking requirement for regular apartment units and
seniors developments and that numerous studies have shown that seniors
developments typically require less parking than regular apartments. They note that historical information
collected from seniors developments in Peel and Markham have indicated parking
rates in the order of 0.36 to 0.60 parking spaces per unit compared to the 1.5
spaces per unit (including visitor spaces) currently used by Markham. They also note that municipalities of
Newmarket, Vaughan and Brampton use standards of 1.25 space/unit, 1 space/unit
and 0.75 space/unit respectively for seniors developments. It should be noted that staff do not
normally consider requests to reduced parking requirements for “seniors
developments” as there is no assurance that the apartment can legally be
restricted to seniors.
The Study concludes that by utilizing a more
appropriate parking rate for the seniors development, together with a shared
parking arrangement between the uses, there would be sufficient parking on site
to accommodate both uses.
Parking is
not considered to be a problem at this site
The existing church has a net floor area of 1,133.5
m² (12,200 ft²). The site-specific by-law amendment (By-law 168-96) provides
that parking be assessed at a rate of 1 space for every 17.5 m² of net floor
area, or 1 space for every 6 seats whichever is greater. Based on this standard, the church would
require 65 parking spaces in total. The proposed severance line would divide
the lot so that the church site would have 72 parking spaces, for a surplus of
7 spaces.
It should be noted that based on the new proposed
place or worship parking standard the church would require a total of
approximately 126 parking spaces (1,133.5 m² NFA / 9 m²). However, given the parking provisions in the
site specific by-law and the results of the parking study, discussed above, the
existing parking situation for the church is considered satisfactory.
With respect to the apartment, the parking by-law
requires that parking for apartment dwellings be assessed at a rate of 1.25
parking spaces per dwelling unit and 0.25 spaces per unit for visitors. Based on this standard, the proposed 55-unit
apartment would require 69 parking spaces for the residents and 14 spaces for
visitors. The proposed severance line
would divide the lot so that the apartment has 69 parking spaces. Given the integrated sites, different peak
parking demand times expected for the two uses, and common ownership of the
property, the use of the church parking to satisfy the apartment’s visitor
parking requirements is considered satisfactory. The draft by-law will require
that 69 parking spaces be provided for the apartment.
Parking is assessed on a per lot basis. Therefore, the entire site (church +
proposed apartment) would require 148 parking spaces, while only 141 parking
spaces are being proposed for a shortfall of 7 spaces.
The applicant has discussed with staff the opportunity
of providing shared parking between the church and the proposed apartment,
should the property become two separate lots in the future. A provision will be
included in the site plan agreement that, should the property be severed in the
future, the owners of the lands will have to register cross-use agreements over
the internal driveways, access ramps, and the shared parking. This can also be applied as a condition of
severance.
Water allocation has not yet
been granted for proposed development
The Engineering Department has advised that water
allocation has not yet been granted for the proposed development. Based on the Town’s guidelines for future
allocation, it is felt that this project would qualify for water allocation
from Town Reserves for the following reasons:
-
Proposal is considered a transit
supportive infill development along a key transit corridor;
-
Proposal is considered an affordable
housing project (55-unit rental apartment); and
-
Proposal supports Town’s smart
growth initiatives;
Site plan and elevations are considered acceptable
The proposed
development features the following:
·
Apartment complex is 4-storeys and is
considered to be compatible with the existing residential properties to the
south;
·
Location of the apartment building provides
massing along Clayton Drive, and helps to screen the parking area on the west
side;
·
Exterior building materials will consist of
neutral coloured stucco and tinted glass;
·
Balconies would be fully enclosed to screen any
unsightly storage;
·
Ground floor units facing the public street and
the parking lot will have outdoor patio areas, which will be screened with
decorative metal fencing and evergreen hedge;
·
Apartment has been designed so that there are
no windows/balconies, which directly front onto the existing residences to the
south;
·
Sufficient landscape buffer opportunity
provided along the south property line to provide year round evergreen screening
for the existing residential properties to the south;
·
Outdoor amenity area to be provided on the
north side of the building for the use of the residents;
·
Garbage storage area is located away from the
more sensitive land uses to the south;
·
Site layout and traffic circulation
opportunities are acceptable;
·
Sufficient parking is available on site to meet
the needs of the existing and proposed uses;
·
The apartment elevations are considered to be
acceptable.
This relatively small, irregularly shaped site which contains an
existing place of worship use and which adjoins an existing low density
residential community and future industrial lands has many constraints. However, for the reasons noted above, staff
are satisfied with the site plan and elevations for the proposed apartment
complex.
FINANCIAL
CONSIDERATIONS:
There are no financial implications for the Town in this report.
BUSINESS UNITS
CONSULTED AND AFFECTED:
The applications were circulated to internal departments (Fire,
Building, Engineering, Design, Waste Management), and external agencies for
comments.
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Valerie Shuttleworth, M.C.I.P., R.P.P.
Director of Planning and Urban Design
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Jim Baird, M.C.I.P., R.P.P.
Commissioner of Development Services
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FIGURE 1
Q:/Development/Planning/App/Zoning/ZA02118835/DSC_June17
ATTACHMENTS:
Figure 1: Location Map
Figure 2: Aerial Map
Figure 3: Zoning/Context
Map
Figure 4: Proposed Site
Plan
Figure 5: Elevations
APPLICANT/AGENT: Simon
H.K. Ng Tel: (416) 250-8488
178
Willowdale Avenue Fax: (416) 250-8148
Toronto,
ON
M2N
4Y8
