REPORT FOR ACTION

3072, 3078 & 3080 Bayview Avenue, 7 Lawnview Drive &182 McKee Avenue– Zoning Amendment Application –Preliminary Report

Date: June 15, 2018 To: North York Community Council From: Director, Community Planning, North York District Wards: Ward 23- Willowdale

Planning Application Number: 17 215053 NNY 23 OZ

SUMMARY

This report provides preliminary information and raises issues for follow-up with regard to the application. It seeks Community Council's direction on the community consultation process. The application has been circulated to all appropriate agencies and City divisions for comment and a staff review of the application is underway.

This application proposes to permit the existing commercial private school and daycare at 3072, 3078, and 3080 Bayview Avenue, 7 Lawnview Drive, and 182 McKee Avenue to remain as a permitted use. The existing commercial private school operates within an existing two-storey building on the property that is also occupied by a place of worship. Based on the architectural plans submitted by the applicant, the existing and proposed commercial private school has a gross floor area (GFA) of approximately 2,988 square metres and a current enrollment of 280 students. The existing daycare is located at the rear of the site within a standalone structure. The existing GFA of the daycare is approximately 173 square metres and has a licensed capacity of 35 children. The existing place of worship, Beth Tikvah Synagogue, has a GFA of approximately 4,187 square metres. The site has a current supply of 207 vehicular parking spaces. There is no new construction proposed as part of the application and the existing GFA of approximately 7,538 square metres, according to the applicant's site statistics, is proposed to remain.

The applicant requested a pre-application consultation meeting for assistance in defining the requirements for application submission. Staff held the meeting with the applicant on January 11, 2017 and discussed the site history and improvements to the site's existing condition, including improvements to landscaping and site circulation.

A notice of complete application has not been issued with regard to the application because the applicant failed to submit landscape plans, Toronto Green Standards checklist, Energy Efficiency Report, Functional Servicing Report, Sanitary Sewer Analysis, Site Servicing and Site Grading Plans, and an Arborist Report. Site statistics also need confirmation as the site statistics provided in the Planning Justification Letter prepared by Bousfields Inc. and the architectural plans are not consistent.

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A Community Consultation Meeting is anticipated to be held in the Fall of 2018. A Final Report will be submitted for Council's consideration following community consultation, the resolution of outstanding issues related to this application and the holding of a statutory Public Meeting under the Planning Act.

RECOMMENDATIONS

The City Planning Division recommends that:

1. Staff be directed to schedule a community consultation meeting for the lands at 3072, 3078, and 3080 Bayview Avenue, 7 Lawnview Drive, and 182 McKee 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 statutory 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

The existing place of worship has been present on this site and in the community since 1964. In 1966, when portable structures were first constructed, a Jewish parochial school was introduced on the site. Following the construction of the two-storey principal building that exists today, the parochial school and place of worship moved into the building. The parochial school operated on-site until August of 2013 when they relocated elsewhere in Toronto due to declining enrollment. After the parochial school relocated in 2013, the current commercial private school tenant began operation in 2014.

The existing daycare has been operating on-site since 2011.

On November 9, 2016 Municipal Licensing & Standards issued a Notice of Violation related to the operation of a non-permitted use.

Following the issuance of the Notice of Violation, the solicitor retained by the owner arranged for the scheduling of a pre-application consultation meeting which was held on January 11, 2017 with Planning staff.

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ISSUE BACKGROUND

Application Description

The application to amend the zoning by-laws proposes to legalize and permit a commercial private school and daycare.

The existing commercial private school, the Royal Crown College of Business and Technology High School, has a GFA of approximately 2,988 square metres and a current enrollment of 280 students. The existing daycare has a GFA of approximately 173 square metres and has a licensed capacity of 35 children.

The commercial private school is located within an existing two-storey building that also contains a place of worship use. The existing place of worship has a GFA of approximately 4,187 square metres. In addition to having its own space, the commercial private school shares facilities with the place of worship, including a gymnasium.

The daycare is located within a standalone structure to the rear of the property behind the principal two-storey building. An outdoor playground is located adjacent to the daycare and is partly enclosed.

There is no construction proposed as part of the subject application and there are no proposed improvements to the site's accesses, on-site circulation, or landscaped open space.

Please refer to Attachment 1: Application Data Sheet for more information related to the site statistics and Attachment 6: Site Plan to view the site plan submitted by the applicant.

Site and Surrounding Area

The site is located on the west side of Bayview Avenue and south of Finch Avenue East, as shown on Attachment 2: Location Map. The subject property is irregular in shape, with a frontage of approximately 83 metres along Bayview Avenue, 13 metres along McKee Avenue, 26.5 metres along Lawnview Drive, and a depth of approximately 181 metres. The subject property has a total area of approximately 15, 526 square metres.

The subject properties currently contain a two-storey building occupied by a place of worship and a commercial private school, a portable structure located at the rear of the property occupied by a daycare, a one-storey detached dwelling fronting Lawnview Drive, and a two-storey detached dwelling fronting Bayview Avenue.

The site has four access driveways. Two accesses are located off Bayview Avenue, one is located off McKee Avenue, and one is located off Lawnview Drive. The two Bayview Avenue accesses and one McKee Avenue access each lead to a consolidated parking area and all structures on-site, with the exception of the dwelling that fronts Lawnview Drive. The access located off Lawnview Drive only services the one-storey dwelling that fronts Lawnview Drive.

A loading space with access to interior garbage storage is located within the principal structure towards the site's northern property line. The subject properties contain a total of 207 vehicular parking spaces.

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The applicant has not provided information related to the use of the one and two-storey detached dwellings, however, the site plan provided by the applicant indicates the two-storey dwelling fronting Bayview Avenue is used as a summer bike camp. The rear yard of the existing one-storey detached dwelling fronting Lawnview Drive, located at the northwest portion of the site, has been converted to an asphalt driveway and parking area.

The surrounding uses are as follows:

North: Two-storey townhouse units, fronting onto Chiswell Crescent and a detached dwelling fronting onto Lawnview Drive.

South: Three one-storey single detached dwellings fronting Bayview Avenue and six three-storey townhouses currently under construction on the northwest side of Bayview Avenue and McKee Avenue.

East: One and two-storey single detached dwellings.

West: One and two-storey singled detached dwellings.

Provincial Policy Statement and Provincial Plans

The Provincial Policy Statement and geographically specific Provincial Plans, along with the City of Toronto's Official Plan provides a policy framework for planning and development in the Province. This framework is implemented through a range of land use controls such as zoning by-laws, plans of subdivision and site plans.

The Provincial Policy Statement (2014) (the "PPS") provides policy direction province-wide on land use planning and development to promote strong communities, a strong economy, and a clean and healthy environment. It includes policies on key issues that affect communities, such as:

The efficient and wise use and management of land and infrastructure over the long term in order to minimize impacts on air, water and other resources;

Protection of the natural and built environment; Building strong, sustainable and resilient communities that enhance health and social well-

being by ensuring opportunities exist locally for employment; Residential development promoting a mix of housing; recreation, parks and open space;

and transportation choices that increase the use of active transportation and transit; and Encouraging a sense of place in communities, by promoting well-designed built form and

by conserving features that help define local character.

The provincial policy-led planning system recognizes and addresses the complex inter-relationships among environmental, economic and social factors in land use planning. The PPS supports a comprehensive, integrated and long-term approach to planning, and recognizes linkages among policy areas.

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The PPS is more than a set of individual policies. It is to be read in its entirety and the relevant policies are to be applied to each situation.

The PPS recognizes and acknowledges the Official Plan as an important document for implementing the policies within the PPS. Policy 4.7 of the PPS states that, "The official plan is the most important vehicle for implementation of this Provincial Policy Statement. Comprehensive, integrated and long-term planning is best achieved through official plans."

The Growth Plan for the Greater Golden Horseshoe (2017) (the "Growth Plan") provides a strategic framework for managing growth and environmental protection in the Greater Golden Horseshoe region, of which the City forms an integral part, including:

Establishing minimum density targets within strategic growth areas and related policies directing municipalities to make more efficient use of land, resources and infrastructure to reduce sprawl, cultivate a culture of conservation and promote compact built form and better-designed communities with high quality built form and an attractive and vibrant public realm established through site design and urban design standards;

Directing municipalities to engage in an integrated approach to infrastructure planning and investment optimization as part of the land use planning process;

Building complete communities with a diverse range of housing options, public service facilities, recreation and green space that better connect transit to where people live and work;

Retaining viable employment lands and encouraging municipalities to develop employment strategies to attract and retain jobs;

Minimizing the negative impacts of climate change by undertaking stormwater management planning that assesses the impacts of extreme weather events and incorporates green infrastructure; and

Recognizing the importance of watershed planning for the protection of the quality and quantity of water and hydrologic features and areas.

The Growth Plan builds upon the policy foundation provided by the PPS and provides more specific land use planning policies to address issues facing the Greater Golden Horseshoe (GGH) region. The policies of the Growth Plan take precedence over the policies of the PPS to the extent of any conflict, except where the relevant legislation provides otherwise.

In accordance with Section 3 of the Planning Act all decisions of Council that affect planning matters shall be consistent with the PPS and conform with the Growth Plan. Comments, submissions or advice affecting a planning matter that is provided by Council shall also be consistent with the PPS and conform with the Growth Plan.

Provincial Plans are intended to be read in their entirety and relevant policies are to be applied to each situation. The policies of the Plans represent minimum standards. Council may go beyond these minimum standards to address matters of local importance, unless doing so would conflict with any policies of the Plans.

Policy 5.1 of the Growth Plan states that where a municipality must decide on a planning matter before its official plan has been amended to conform with this Plan, or before other applicable planning instruments have been updated accordingly, it must still consider the

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impact of its decision as it relates to the policies of the Growth Plan which require comprehensive municipal implementation.

Staff will be evaluating this planning application against the PPS (2014) and the Growth Plan (2017) noted above as part of the City's development approval process.

Toronto Official Plan

The Official Plan contains policies that guide development in the City. Some of the key policies that apply to the proposal include direction on active transportation, built form, community services and facilities, and land use designations.

Chapter 2- Shaping the City

Section 2.4 Bringing the City Together: a Progressive Agenda of Transportation Change

The Official Plan integrates transportation and land use planning at both the local and regional scales. Within the City, the Plan addresses the differing transportation demands between areas targeted for growth and those other parts of the City where little physical change is foreseen.

Policy 2.4.14 states that an urban environment and infrastructure will be created that encourages and supports pedestrian movement throughout the City, for people of all ages and abilities, by:

a) Ensuring safe, universally accessible, direct, comfortable, attractive and convenient pedestrian conditions, including walking routes to workplaces, schools, recreation area, transit and other important community destinations;

b) Maximizing connections within the street network, as well as to other public or private pedestrian walkways, such as those found within parks, open spaces, between buildings, or above and below grade;

c) Prioritizing the inclusion of sidewalks, dedicated crossings where warranted and adequate sidewalk width in the design of all streets; and

f) Developing policies, plans, and guidelines to implement pedestrian priorities and Complete Streets.

Chapter 3- Building a Successful City

Section 3.1 The Public Realm

Beautiful, comfortable, safe, and accessible streets, parks, open spaces, and public buildings are a key shared asset. These public spaces draw people together. The Official Plan recognizes how important good design is in creating a great city.

The public realm policies of the Plan state that sidewalks and boulevards will be designed to provide safe, attractive, interesting, and comfortable spaces for pedestrians by:

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a) Providing well designed and co-ordinated tree planting and landscaping, pedestrian-scale lighting, and quality street furnishings and decorative paving as part of streets improvements.

Section 3.1.2 Built Form

The Official Plan states that architects and developers have a civic responsibility to create buildings that not only meet the needs of their clients, tenants, and customers, but also the needs of the people who live and work in the area. New development in Toronto will be located and organized to fit with its existing and/or planned context.

The Built Form policies state that 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 to improve the safety and attractiveness of adjacent streets by:

a) Using shared service areas, including driveways; b) Consolidating and minimizing the width of driveways and curb cuts across the public

sidewalk; and e) Limiting surface parking between the front face of a building and the public street or

sidewalk.

The Official Plan goes on to state that new development will provide amenity on adjacent streets to make these areas more attractive, interesting, comfortable, and functional for pedestrians by providing:

a) Improvements to adjacent boulevards and sidewalks respecting sustainable design elements, which may include: trees, shrubs, hedges, plantings or other ground cover, permeable paving materials, street furniture, curb ramps, waste and recycling containers, lighting, and bicycle parking facilities;

b) Co-ordinated landscape improvements in setbacks to create attractive transitions from the private to public realms;

e) Landscaped edges of surface parking lots along streets to define the street edge and visually screen the parked autos; and

f) Safe pedestrian routes and tree planting within surface parking lots.

Section 3.2.2 Community Services and Facilities

Locally-delivered community services form part of the essential support to people living and working in Toronto and are the building blocks of our neighbourhoods. These community services are important to the City's future. The Official Plan states that adequate and equitable access to community services and local institutions will be encouraged by:

a) Providing and preserving local community service facilities and local institutions across the City dedicated to this purpose;

b) Improving and expanding local community service facilities and local institutions in established neighbourhoods that are under or poorly served; and

c) Ensuring that an appropriate range of community services and facilities and local institutions are provided in areas of major or incremental growth.

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Additionally, Policy 3.2.2.3 encourages the shared use of multi-service facilities, including the shared use of municipal and/or school facilities, places of worship, and lands for community service purposes.

Chapter 4- Land Use Designations

Section 4.1 Neighbourhoods

The subject properties are designated Neighbourhoods on Map 16 Land Use Map, see Attachment 3: Official Plan Land Use Map. The Official Plan identifies Neighbourhoods as areas containing a full range of residential uses within lower scale buildings, as well as parks, schools, local institutions, and small-scale stores and shops serving the needs of area residents.

Policy 4.1.1 states that low scale local institutions play an important role in the rhythm of daily life in Neighbourhoods and include such uses as: schools, places of worship, community centres, libraries, and day nurseries, among others.

Policy 4.1.2 requires schools to provide open space for outdoor student activities and landscaping and be designed and operated to limit noise, privacy, and traffic impacts on neighbouring residents.

As it relates to development standards, the Official Plan defers these considerations to the zoning by-laws. Zoning by-laws contain numerical site standards for matters such as building type, parking, building setbacks from lot lines, landscaped open space, and other performance standards to ensure that new development will be compatible with the physical character of established residential Neighbourhoods.

This application will be reviewed against the Official Plan policies described above as well as the policies of the Toronto Official Plan as a whole.

Zoning By-laws

The subject properties are currently zoned One-Family Detached Dwelling Third Density Zone (R3) in the former City of North York Zoning By-law No. 7625, see Attachment 4: Existing Zoning By-law No. 7625 Map. The R3 zone permits one-family detached dwellings and accessory buildings in addition to a range of institutional uses.

School uses are permitted in the R3 zone provided the school is under the jurisdiction of the North York Board of Education or the Metropolitan Toronto Separate School Board. Day nurseries are permitted in the R3 zone provided the day nursery is within a place of worship, in buildings owned by the City of North York, or in schools under the jurisdiction of public school boards.

The subject properties are zoned Residential Detached Zone RD(f15.0; a600)(x5) in the City of Toronto Zoning By-law No. 569-2013, see Attachment 5: Existing Zoning By-law No. 569-2013 Map. The RD zone permits dwelling units within detached houses and requires lots to have a minimum lot frontage of 15.0 metres and a minimum lot area of 600 square metres. A number

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of recreational and institutional uses are also permitted in the RD zone, subject to conditions. Exception 5 under Zoning By-law No. 569-2013 applies to the subject properties and requires minimum side yard setbacks of 1.8 metres.

Schools are not permitted in the RD zone, unless the school lawfully existed before the passing of Zoning By-law No. 569-2013 on May 9, 2013. The RD zone permits day nurseries provided the day nursery is within an apartment building or building with one or more of the following uses: public school, private school, place of worship, community centre, or library.

Site Plan Control

The proposal is subject to Site Plan Control. An application for Site Plan Control has not yet been submitted.

COMMENTS

Reasons for the Application

An application to amend the zoning by-laws is required in order to permit the existing commercial private school and daycare and to amend the existing zoning standards to allow the proposal.

While both Zoning By-law Nos. 7625 and 569-2013 contemplate institutional uses in the zones in which the subject properties are located, the proposed commercial private school is not permitted under Zoning By-law No. 7625 because it is not under the jurisdiction of the public school boards and it is not permitted under Zoning By-law No. 569-2013 because it did not lawfully exist prior to the passing of Zoning By-law No. 569-2013 on May 9, 2013.

The proposed daycare is not permitted in either Zoning By-law Nos. 7625 or 569-2013 because it is located within a standalone structure, not within a structure with shared uses as required under the zoning by-laws.

Additional information, including site statistics and detailed architectural drawings, are required from the applicant in order to determine compliance of other existing structures on-site.

Complete Application Submission

A Notification of Incomplete Application was issued on September 15, 2017 identifying the outstanding materials required for a complete application submission as follows:

Confirmation of accurate site statistics; Landscape plans; Toronto Green Standards checklist; Energy Efficiency Report; Functional Servicing Report; Sanitary Sewer Analysis; Site Servicing Plans; Site Grading Plans; Arborist Report; and

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Public Consultation Strategy Report.

To date, the following reports/studies have been submitted with the application:

Planning Justification Letter; Architectural Plans; Draft Zoning By-law Amendments to amend Zoning By-law Nos. 7625 and 569-2013; Parking Study; Stormwater Management Report; and Survey Plans.

The aforementioned reports/studies in addition to all other submission materials are available at the City's Application Information Centre (AIC): http://app.toronto.ca/DevelopmentApplications/associatedApplicationsList.do?action=init&folde rRsn=4225270&isCofASearch=false&isTlabSearch=false

Community Consultation

The applicant will be submitting a Public Consultation Strategy Report as part of the complete application submission requirements.

Community consultation helps to inform Council in respect of the exercise of its authority to make a decision with regard to the planning application. This Report seeks Community Council's direction on the community consultation process.

ISSUES TO BE RESOLVED

The application has been circulated to City divisions and public agencies for comment. On a preliminary basis, the following issues have been identified:

Use Issues:

Appropriateness of the existing and proposed commercial private school and daycare and the scale of these uses in Neighbourhoods and in the R3 and RD zones.

The applicant is to confirm the existing and proposed uses of the one and two-storey detached dwellings located on-site.

Determination of additional by-law standards to ensure appropriate fit of site program and layout.

Built Form and Public Realm Issues:

Organization of the site and the relationship of the buildings to public streets, location of front entrances, and open spaces.

Staff will assess the impacts of the proposed land uses, site access, and loading and parking on neighbouring properties.

Lack of landscaped open space. Adequacy of outdoor space for student activities.

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Review of the appropriateness of the rear yard condition of the one-storey dwelling fronting Lawnview Drive.

Infrastructure/Servicing Capacity to Support Application:

The applicant is to submit a Functional Servicing Report in addition to a Sanitary Sewer Analysis and site servicing and grading plans for the purposes of evaluating the effects of the proposed land use and increased usage on the City’s municipal servicing infrastructure and watercourses and identify and provide the rationale for any new infrastructure and upgrades to existing infrastructure necessary to provide for adequate servicing to the proposed change in land use or development.

Toronto Green Standard Issue:

The applicant is to submit the TGS Checklist in order to determine compliance with the Tier 1 performance measures.

Other Matters:

Submission of all outstanding studies and information, including the submission of detailed and accurate site statistics.

Additional issues may be identified through the review of the application, agency comments and the community consultation process.

CONTACT

Allison Meistrich, Senior Planner, Tel. No.416-395-7127, Fax No. 416-395-7155, E-mail: Allison.Meistrich@toronto.ca

SIGNATURE

Joe Nanos, Director Community Planning, North York District

ATTACHMENTS

City of Toronto Data/DrawingsAttachment 1: Application Data Sheet Attachment 2: Location Map Attachment 3: Official Plan Land Use Map Attachment 4: Existing Zoning By-law No. 7625 Map

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Attachment 5: Existing Zoning By-law No. 569-2013 Map

Applicant Submitted Drawings Attachment 6: Site Plan

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Attachment 1: Application Data Sheet

Application Type Rezoning Application Number: 17 215053 NNY 23 OZ

Details Rezoning, Standard Application Date: August 11, 2017

Municipal Address: 3072, 3078 & 3080 BAYVIEW AVE, 7 LAWNVIEW DR & 182 MCKEE AVE

Location Description: PLAN 3141 PT LOTS 30 TO 34 RP 66R21572 PART 1 **GRID N2303

Project Description: Proposal to legalize uses on site (existing synagogue). Proposed uses include a commercial private school and daycare. Initiated as part of an MLS complaint.

Applicant: Address: Owner: Address:

BOUSFIELDS INC 200- 3 CHURCH STREET BETH TIKVAH 3080 BAYVIEW AVENUE TORONTO, ON M5E 1M2 SYNAGOGUE TORONTO, ON M2N 5L3

PLANNING CONTROLS

Official Plan Designation: Neighbourhoods Site Specific Provision: N

Zoning: R3/RD (f15.0; a600)(x5) Historical Status: N

Height Limit (m): 8.8/10.0 Site Plan Control Area: Y

PROJECT INFORMATION

Site Area (sq. m): 15526 Height: Storeys: 2

Frontage (m): 83.4 Metres: 10

Depth (m): 180.7

Total Ground Floor Area (sq. m): 2450.25 Total

Total Residential GFA (sq. m): 0 Parking Spaces: 207

Total Non-Residential GFA (sq. m): 7538.7 Loading Docks 0

Total GFA (sq. m): 7538.7

Lot Coverage Ratio (%): 15.8

Floor Space Index: 0.49

DWELLING UNITS FLOOR AREA BREAKDOWN (upon project completion)

Tenure Type: Above Grade Below Grade

Rooms: 0 Residential GFA (sq. m): 0 0

Bachelor: 0 Retail GFA (sq. m): 0 0

1 Bedroom: 0 Office GFA (sq. m): 0 0

2 Bedroom: 0 Industrial GFA (sq. m): 0 0

3 + Bedroom: 0 Institutional/Other GFA (sq. m): 7538.7 0

Total Units: 0

CONTACT: PLANNER NAME: Allison Meistrich, Senior Planner

TELEPHONE: (416) 395-7127

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Attachment 2: Figure 2: Location Map

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Attachment 3: Figure 3: Official Plan Land Use Map

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Attachment 4: Existing Zoning By-law Zoning By-law No. 7625 Map

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Attachment 5: Existing Zoning By-law No. 569-2013 Map

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Attachment 6: Site Plan

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