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Proposed Development for 100 Ranleigh Avenue (By-law No. 469-2013) – OMB Case No. PL130503

Overview

North York Community Council (October 2012) and City Council (November 2012) approved an application to amend the City’s Zoning By-law to allow the following in a residential neighbourhood.
1. A four-storey 60 unit (subsequently changed to 46 units) mixed-use apartment/condominium building at a) over three times the permitted density; b) almost two times lot coverage; c) almost three times the allowed building depth; and d) a height of 12.7 metres (15.8 m. for mechanical).
2. 46 underground parking spaces.
3. Other uses, such as multi-purpose space, place of worship, offices, etc.

The Bedford Park area is designated in Toronto’s Official Plan as a low-density Neighbourhood and the Zoning By-law prohibits apartment buildings (see Appendix B). More importantly, this proposal for 100 Ranleigh Ave. represents a direct breach of a considerable range of the City’s Official Plan policies, including provisions such as Policies 4.1.5, 4.1.8 and 4.1.9 (see Appendix A).

Simply stated, the proposed development for 100 Ranleigh Ave. (Zoning By-law No. 469-2013) passed by City Council is in direct violation of the City’s Official Plan.

Ontario Municipal Board (OMB) Appeal

The proposed development for 100 Ranleigh Ave. was appealed to the OMB by the Bedford-Wanless Ratepayers’ Association. They are acting as a Party at the Hearing. FoNTRA has joined the process as a Participant.

An OMB Pre-hearing Conference was held on July 26 at the Board offices (655 Bay St.) @ 10 a.m. The actual Hearing is scheduled for November 25, 26 & 27, 2013 and December 9 & 10, 2013 – a total of five days at the Board offices.

Following is a List of Issues for the OMB Hearing.
1. Is the proposed development consistent with the policies of the Provincial Policy Statement?
2. Is the proposed development consistent with the applicable Official Plan policies including, but not limited to, those that apply to large lots?
3. Is the proposed development compatible in its urban design/built form with the City’s planning policies, in terms of the following: (a) density; (b) massing and built form; (c) height; (d) setbacks; (e) angular plane; (f) shadowing; (g) overlook; (h) light, views and privacy; (i) landscaping; and (j) streetscape design and pedestrian environment.
4. Has the proposed development properly handled traffic impacts and all related transportation matters, including but not limited to, site generated vehicular traffic and impacts on the surrounding road network.

Appendix A: Three Selected Toronto Official Plan Policies [Emphasis added.]

Policy 4.1.5 (Neighbourhoods) on page 4-4 states:
“Development in established Neighbourhoods will respect and reinforce the existing physical character of the neighbourhood, including in particular:
a) patterns of streets, blocks and lanes, parks and public building sites;
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 the neighbourhood; and
h) conversion of heritage buildings, structures and landscapes.

“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.

“The prevailing building type will be the predominant form of development in the neighbourhood. Some Neighbourhoods will have more than one prevailing building type. In such cases, a prevailing building type in one neighbourhood will not be considered when determining the prevailing building type in another neighbourhood.”

Policy 4.1.8 (Neighbourhoods) on page 4-5 states:
“Zoning by-laws will contain numerical site standards for matters such as building type and height, density, lot sizes, lot depths, lot frontages, parking, building setbacks from lot lines, landscaped open space and any other performance standards to ensure that new development will be compatible with the physical character of established residential Neighbourhoods.”

Policy 4.1.9 (Neighbourhoods) on page 4-5 states:
“Infill development on properties that vary from the local pattern in terms of lot size, configuration and/or orientation in established Neighbourhoods will:
a) have heights, massing and scale appropriate for the site and compatible with that permitted by the zoning for adjacent and nearby residential properties;
b) 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;
c) front onto existing or newly created streets wherever possible, with no gates limiting public access; and
d) locate and screen service areas and garbage storage to minimize the impact on existing and new streets and residences.”

Appendix B: Bedford Park Zoning By-law – R2 Z0.60 or R2 Z2

City of Toronto Zoning By-law 438-86 for Bedford Park (zoned R2) allows a Floor Space Index (density) of 0.60 times the lot area and a maximum height of 10 metres.

Section 12(2)(8) of By-law 438-86 specifically prohibits apartments and semi-detached triplexes in the R2 zone north of Lawrence Avenue in the former City of Toronto – except on lots that actually abut the north side of Lawrence Ave. West.

-end-

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