3057-3067 Bayview Avenue and 1 Burleigh Heights Drive; Rezoning Appeal

The City has received a without prejudice settlement offer in relation to the appeal of the rezoning application for a townhouse development on the east side of Bayview Avenue, running south from the corner of Burleigh Heights Drive.  The offer must be considered at the July 12-14 City Council meeting given that a 4-day hearing has been scheduled to commence on September 27th.  An offer to settle can only be accepted by City Council and the July meeting is the final meeting prior to the hearing date.

The most significant revisions shown in the June 30th without prejudice plans are as follows:


  • The provision of a 35 degree angular plane for the rear of all townhouse blocks with the exception of minor elevator overrun protrusions at Block 1, only.


  • A 9.5 metre rear yard setback for all townhouse blocks with the exception of a saw tooth portion of the development at Block 2, Unit 5, only, which will be setback a minimum of 7.865 metres.


  • Reduction of the number of townhomes from 22 to 21.


  • Lowered ground floor elevation.


  • Pairing of units to better articulate the front façade.


  • Reduction in gross floor area from 4978.78 square metres to 4680.63 square metres.


  • Provision of a 4.5 metre landscape buffer along the rear property line.


  • Provision of a 3 metre landscape setback along Bayview Avenue and Burleigh Heights Drive.


  • Lowering and minimizing the terraces over the parking garage to address overlook.


The settlement offer addresses the majority of the issues raised in the May 27, 2016 Request for Direction Report.


The Bayview Avenue Area Study includes urban design guidelines for townhouse development on lots on the west side of Bayview Avenue from Spring Garden Avenue to Finch Avenue East.  These were applied in the assessment of the development application and settlement offer in the absence of a completed study for the east side of Bayview Avenue.  This is appropriate given the site and its block have similar lot sizes and coverage to those on the west side of Bayview.


The guidelines recommend a 9.5 metre rear yard setback and a 4.5 metre landscaped buffer between townhouses and the surrounding residential properties to provide for appropriate transition and privacy. This has now been provided with the exception of a minor projection of 1.7 metres of the Unit 5 building corner.


The guidelines recommend a 35 degree angular plane, at 70 % of the horizontal distance from the adjacent property line, be applied to achieve an acceptable built form relationship to the abutting low scale residential neighbourhoods.  The settlement offer proposes that all Blocks will meet the 35 degree angular plane with the exception of minor projections for elevator overruns.


The settlement proposes an approximate 0.8 metre lowering of the rear yard terraces which satisfactorily addresses the concern.


The guidelines recommend that townhouse units be symmetrically paired so that two units appear as one wider unit to better relate to the wider residential frontages in the surrounding neighbourhood.  This is now provided for.


Building entrances on the first floor level should not be more than 5 steps above grade to provide more liveable space close to grade for street animation.  The Settlement Offer provides that all townhouse entrances are no more than 5 steps above grade.


The reduction in the size of the proposal has allowed appropriate setbacks and transition provisions to be addressed.


Staff view this as a very good result for the City and believe it will serve as an appropriate precedent for townhouse built form on this side of Bayview Avenue. 


If an individual or group is not supportive of the settlement, that individual or group may appear at the hearing that commences on September 27th to voice concern.  As always, individuals and groups may request either party or participant status, and may wish to retain professionals such as lawyers and city planners to represent their interests.