April 28, 1998

 To:North York Community Council

 From:Bryan W. Tuckey,

Acting Commissioner of Planning

 Subject:RECOMMENDATIONS REPORT

Official Plan Amendment and Temporary Use Zoning By-law

1190082 Ontario Limited

22 Old York Mills Road

 Ward 9 - North York Centre South

UD52-97-03

 Purpose:

 The purpose of this report is to recommend an Official Plan and Temporary Use Zoning By-law Amendment to permit a commercial parking lot to continue pending redevelopment of the site.

 Recommendations:

 It is recommended that the application be approved subject to the following conditions:

 (1)Part D.5 of the Official Plan (York Mills Office Centre Secondary Plan) be amended to

permit surface parking for a temporary period.

 (2)The lands be rezoned by a temporary use by-law to permit a 72 space surface commercial parking lot on the subject site for a period no longer than one year from the date of the passing of the by-law.

 (3)The applicant submit a site plan application in keeping with staff=s previous recommendations as shown in Schedule AC2". During the site plan review process, the matters identified by the Works and Emergency Services Department (Public Works) in Schedule AE" and the Legal Department (By-law Enforcement) in Schedule AG@ to this report will be addressed.

(4)The appropriate City Officials be authorized and directed to take the necessary action to give effect hereto.

 Background:

 Proposal:

 The applicant proposes to continue parking operations with an improved 112 space lot as shown in Schedule AC@, pending redevelopment of the site for a residential use (Application UDOZ-96-27). By-law Enforcement has notified the applicant that the parking lot is not permitted by the zoning by-law. This application was the subject of a preliminary report at the January 21, 1998 North York Community Council meeting.

 Previous Proposal:

 In 1995 an application was submitted by the then North York Parking Authority proposing temporary use of this site for a 72 space parking lot. Planning and Transportation staff had recommended approval of the application subject to the approval of a site plan application (see Schedule AC2"). The North York Planning Committee on September 27, 1995, had deferred the application to allow the applicant to finalize the leasing arrangements for the site. The applicant had indicated that their existing arrangement would not be binding on a future owner as the site had gone into receivership and would be sold. This file has since been closed.

 Site Location:

 The site is located on an island surrounded by York Mills and Old York Mills Roads, east of Yonge Street. A surface commercial parking lot currently exists on the site, with a gasoline station facility abutting to the west. There is a 4 to 6 storey office building on the north side of York Mills Road. To the south of Old York Mills Road is a TTC station, park and institutional uses. The west side of Yonge Street in the immediate vicinity is dominated by parkland and open space.

 Official Plan and Zoning:

 The site is designated YMO (York Mills Office) in the York Mills Office Centre Secondary Plan (see Schedule AA@) within Area #4, permitting a mix of uses. The site is zoned primarily One Family Detached Dwelling Third Density Zone (R3) in Zoning By-law 7625 (see Schedule AB@). An Official Plan amendment and temporary use zoning by-law are required to allow surface parking for the temporary commercial parking lot.

 Comments from Other Departments and Agencies:

 The following section summarizes significant comments received:

The Works and Emergency Services Department (Transportation) does not support approval of this application due to impacts on transit policies and peak direction traffic for the temporary parking lot proposal (Schedule AD@). As part of its comments contained in Schedule AE"@, the Works and Emergency Services Department (Public Works) requests improvements to the parking lot.

 The Legal Department (By-law Enforcement Section) requests improvements to the parking lot to meet by-law standards (Schedule AF@).

The Toronto Licensing Commission reports that under Metro Licencing By-law 20-85, Schedule 24, Part 2, all public parking lots for which payment is required must be licensed. The licence first obtained in 1991 for the subject property has been continually renewed.

 Community Consultation:

 A community meeting (held on April 23, 1998) and a questionnaire was circulated by the local councillors. The comments from both the meeting and questionnaire related to the long term residential redevelopment proposal.

 Discussion:

 In 1995, staff recommended approval of a temporary use by-law to permit a public parking lot operated by the then North York Parking Authority on the site. Key reasons for supporting the 72 space temporary parking lot at that time were that it satisfied the general requirements for public parking lots as set out in the Zoning By-law, provided additional parking for the subway patrons and improved upon the appearance of the site. These reasons are equally applicable to this proposal. In addition, the pending residential application clearly signifies the applicant=s intention that the use will be short term. It is therefore recommended that the temporary use be permitted for a parking lot for one year only.

 It is necessary that the applicant apply for site plan approval, at which time improvements to the site such as repaving and landscaping the edges of the site as well as throughout the lot should be required. The site plan should be generally consistent with the 72 space parking lot previously recommended, enabling a significant landscaped area in the eastern portion of the site. The applicant will have up to one year to obtain site plan approval and undertake the improvements on site. If the applicant requests an extension to the temporary use, Council will need to consider the request in light of the improvements that have taken place.

 Conclusions:

 It is recommended that a 72 space parking lot be permitted for a temporary period of one year, representing an interim use pending redevelopment of the site. Improvements to the site will be achieved through the site plan approval process.

Contact Name:

Alan Binks, PlannerPhone: 395-7100Fax: 395-7155

 Bryan Tuckey,

Acting Commissioner of Planning

 April 28, 1998

 To:North York Community Council

 From:Bryan W. Tuckey,

Commissioner of Planning

 Subject:RECOMMENDATIONS REPORT

Official Plan and Zoning Amendment Applications

1190082 Ontario Limited

22 Old York Mills Road

 Ward 9 - North York Centre South

UDOZ-96-27

 Purpose:

 The purpose of this report is to recommend an Official Plan and Zoning By-law Amendment to permit a residential development on the site.

 Recommendations:

 It is recommended that the application be approved subject to the following conditions:

 OFFICIAL PLAN

 (1)Part D.5 of the Official Plan (York Mills Office Centre Secondary Plan) be amended to:

(a)permit stand-alone residential uses on the subject site;

(b)encourage the provision of indoor recreational, mechanical and garbage space to serve new development. The area dedicated for such space shall be excluded from the calculation of permitted density.

(c)add a statement which indicates that the calculation of density will be considered over all of the lands north of Old York Mills Road and south of York Mills Road in Area # 4.

(d)add a clause that notwithstanding the height and sight line limitations applicable to the subject site in Area #4, the height of all buildings to be erected be restricted so as not to obstruct sight lines across the valley from top of bank to top of bank. Pipes and chimneys may exceed the relevant height limitation by a maximum of 1.0m but the area of the roof occupied by such structures exceeding the limitation shall be restricted by Council.

 ZONING BY-LAW

(2)The R3 and C1(45) zoning on the property be amended to Multiple-Family Residential Sixth Density Zone (RM6) exception, subject to the following provisions:

 (2.1)For the purposes of this exception, the following definitions shall apply:

 (a)AMechanical areas@ shall mean the floor area within a building that is used exclusively for the accommodation of mechanical equipment necessary to physically operate the building, such as heating and ventilation, air conditioning, electrical, plumbing, fire protection and elevator equipment.

 (b)For the purposes of this exception, Agross floor area@ shall mean the aggregate of the areas of each floor, measured between the exterior faces of the exterior walls of the building or structure at the level of each floor, but excluding:

 (i)A maximum of 861 m5 used as mechanical and garbage collection areas.

(ii)A maximum of 266 m5 used as storage for the residential units and located on the ground floor or below grade.

(iii)A maximum of 753 m5 used as indoor recreational amenity space.

 (2.2)Subject to modification during the site plan review, the maximum gross floor area on site shall not exceed the sum of:

 (a) 7,435 m5 attributable to the existing site, AND

(b)2,151 m5 attributable to the closed portions of Old York Mills Road, AND

(c)5,704 m5 attributable to the adjacent western lot.

 (2.3)The maximum number of dwelling units shall be 141, of which a minimum of 25% of the total number of units shall have a maximum floor area of 55m5 for bachelor units, 70m5 for one bedroom units, 80m5 for two bedroom units and 120m5 for three bedroom units or any combination thereof.

 (2.4)The minimum yard setbacks shall be as generally set out in Schedule AC@ to this report, subject to any modifications approved at the site plan stage.

(2.5)The maximum building height shall be 9 storeys and the maximum height of the structure shall be 161.5 metres above sea level, with the exception of an elevator room, pipes and chimneys, which shall be limited to a maximum of 1.0 metre above the building height and occupy an aggregate maximum area of 100 square metres area on the roof surface.

 (2.6)Parking shall be provided at the rate of 1.42 parking spaces per dwelling unit, of which 0.25 parking spaces per dwelling unit shall be for the use of visitors, and all located on the subject site within the residential; and

 (2.7)The provisions for minimum landscaped area and maximum coverage shall not apply.

 OTHER CONDITIONS

 (3)Prior to the enactment of a zoning by-law for the residential project, the applicant shall apply for and receive site plan approval to include the provisions outlined in Schedule AE@.

 (4)The applicant shall enter into an undertaking agreeing to develop the residential project as a condominium corporation, in accordance with City (former City of North York) policy.

 (5)the appropriate City Officials be authorized and directed to take the necessary action to give effect hereto.

 Background:

 Proposal:

 The applicant proposes to construct a residential project consisting of 141 residential condominium units as shown in Schedule AC@. The maximum height is proposed at 9 storeys with 2 storey townhouse units fronting onto Old York Mills Road (see Schedule AC2"). There is a large landscaped area proposed for the northwest quadrant of the property and parking for 200 vehicles within the building. Building and street elevations are shown in Schedules AD1" to AD4". As shown in Schedule AD5", the subject property includes a portion of the Old York Mills Road right-of-way being purchased from the City and includes a portion of the density from the abutting property. A total gross floor area of 17,100 m5 is proposed. The applicant requests that areas totalling 2,110 m5 for the lobby, mechanical and electrical rooms, storage rooms, elevator core, garbage rooms and all of the proposed recreational amenity space be excluded from the gross floor area. A summary of the most pertinent project statistics is set out in Table 1 below:

 Site Location:

 The site is located on an island surrounded by York Mills and Old York Mills Roads, east of Yonge Street. A surface commercial parking lot currently exists on the site, with a gasoline station facility abutting to the west. There is a 4 to 6 storey office building on the north side of York Mills Road. To the south of Old York Mills Road is a TTC station, park and institutional uses. The west side of Yonge Street in the immediate vicinity is dominated by parkland and open space. Surrounding uses are primarily low density residential.

 Official Plan and Zoning:

 The site is designated YMO (York Mills Office) in the York Mills Office Centre Secondary Plan (see Schedule AA@) within Area #4, permitting a mix of uses. Residential uses are permitted, provided they are above the first floor in conjunction with other non-residential uses. The maximum floor space index (FSI) is 2.0. While a general top of bank elevation is set out as 162 metres above sea level in this area, Council shall not permit development to exceed the lower surveyed top of bank elevation of 161.5 metres above sea level opposite the easterly end of this property.

 The site is zoned primarily One Family Detached Dwelling Third Density Zone (R3) in Zoning By-law 7625 (see Schedule AB@). Rezoning is required to a multiple-family residential (exception) zone.

 Comments from Other Departments and Agencies:

 The following section summarizes significant comments received:

The Works and Emergency Services Department (Transportation) notes the comparatively lower traffic levels expected from the solely residential project and recommends approval of the application subject to site plan matters and a shift in the proportion of visitor parking spaces (Schedule AG@).

As part of its comments contained in Schedule AH"@, the Works and Emergency Services Department (Public Works) provides conditions related to the purchase of a portion of Old York Mills Road.

The Parks and Recreation Department requests in Schedule AI@ that a 5% cash-in-lieu of parkland dedication applies to the residential development application given the area=s parkland surplus.

 The Toronto Transit Commission notes its requirements relating to the residential proposal with respect to the proximity of the subway station and bus service in Schedule AJ@.

 While the Toronto and Region Conservation Authority requires a standard permit, it finds that the residential proposal does not conflict with its policies (see Schedule AK@).

 The Toronto District School Board notes accommodation pressures at some area schools in its comment in Schedule AL@. The Toronto Catholic School Board has commented that it has no objections to the proposal.

 Community Consultation:

 A community meeting was held on April 23, 1998. A questionnaire was also circulated by the local councillors. A summary of the main comments made at the meeting and in the questionnaire is attached as Schedule AF@. In summary, the following issues were raised at the meeting and are reflective of the main issues noted in the questionnaires:

 (1)Height of the building

 -Residents felt the overall height should be lower as it sets a precedent for development in the area particularly for the School Board site located to the east. The overall height of buildings is specifically discussed later in this report. It is noted that any development outside of the Centre, such as on the School Board lands, would be subject to an Official Plan amendment where the height would need to be determined in context of the area and the impacts on abutting properties.

-A stronger transition in building height between the existing community and the new development was favoured by the community, similar to the way in which the York Mills Office Centre has developed. The transition of building height is specifically addressed in the Urban Design section of this report.

   (2)Traffic

 -It was felt that the overall volume of traffic expected from this 141 unit development could not be accommodated in the area. The traffic impacts are specifically discussed later in this report and in the Transportation Department comments attached as Schedule AG".

 -The issue of existing traffic infiltration through the residential neighbourhoods was raised, particularly because of the access proposed on Old York Mills Road. The applicant had originally proposed vehicle access from York Mills Road at the existing lights. Comments from the Transportation Department and the TTC did not support this location and as a result, access is now proposed solely from the Old York Mills frontage. In regard to the existing traffic infiltration, the Transportation Department has been monitoring the results of traffic calming measures within other areas of the City. These measures could be successful in addressing some of the infiltration issues in this community.

 (3) Old York Mills Road

 -Some area residents requested that there be less parking along Old York Mills Road and that the pick up and drop off area in front of the TTC be accommodated. The reconfiguration of the Old York Mills Road allowance will be necessary when the sale, to the applicant, of a portion of the road is completed. The eastern portion of Old York Mills would be reduced to a width of 18.5 metres with no on-street parking. The final design of the entire roadway from Yonge to York Mills will need to address taxi queuing, pick up and drop off and parking requirements.

 Supplementary materials, including letters from area ratepayers are provided at the back of the report in the AIndex@.

 In accordance with North York Community Council=s decision at its April 1, 1998 meeting, notices have been sent for the statutory public meeting to be held on May 27, 1998.

 Discussion:

 Land Use:

 The general intent of the Secondary Plan is to encourage a prestigious office park development with a mix of uses being specifically permitted in this area because of the excellent subway access and the nearby residential community in the valley. At this central location residential uses are limited to the upper floors. The applicant has proposed recreational uses on the majority of the ground floor, which is permitted by the plan. An amendment to the Official Plan is recommended in order to permit the 2-storey townhouses to the south, which enables the creation of a residential frontage along Old York Mills and an appropriate interface with the residential community to the south. The approval of this residential development will provide for a mix of uses at this central location within the Office Centre as generally intended by the Plan.

 Density:

 The Secondary Plan permits a maximum density of 2.0 FSI within this area. The applicant is proposing to construct a residential building which is equivalent to 2.0 FSI on the subject site, including road allowance to be acquired from the City, and 1.0 FSI from the abutting gasoline station site. The density proposed to be stacked on this site results in a net proposed density of up to 3.6 FSI. This stacking of density is consistent with the Official Plan. The remaining density of 1.0 FSI (5,704 m5) on the gasoline station site would allow for its future redevelopment, however it is anticipated that for the foreseeable future, redevelopment will be limited to the recently proposed revamping of the Shell site. To ensure the distribution of density on this island is recorded in the Official Plan, it is recommended that a statement be added to indicate that the calculation of permitted density is over the entire island.

 The applicant has also requested specific exemptions from gross floor area for mechanical equipment, garbage areas, storage space, recreational amenity areas and the building=s lobby. A summary of the proposed exemption is shown below:

 Proposed Recommended

Overall Gross Floor Area17,400 m517,170 m5

Exemptions from GFA

Mechanical and Garbage area 861 861

Storage Area 266 266

Recreational Space 753 753

Lobby Area 230 0

TOTAL 2,110 1,880

Resulting Gross Floor Area15,290 m5 15,290 m5

 Other sites have been granted exemptions from gross floor area within this Secondary Plan area where it enables design and community service objectives to be met. At this site, it is recommended that the mechanical and garbage area, storage area and recreation space be exempt from gross floor area for the following reasons:

 -Enclosing the mechanical space on the roof and removing some of the mechanical to a below grade location will enhance views from the residential areas along the top of the valley.

-The 2 storey townhouse podium on the Old York Mills frontage with the 9 storey building set back 14 metres achieves an appropriate street edge and a benefit to the overall proposal. The result of this design creates additional gross floor area behind the townhouses, which the applicant is proposing to use as storage space.

-The proposed substantial recreational amenity space, achieves two objectives. Firstly, it supplements the existing public facilities in the area, and secondly, the recreational space ensures that a good edge condition is provided along the York Mills frontage.

 The lobby area of 230 m5 is to be included in the calculation of gross floor area as it is for other residential buildings. A corresponding reduction in the overall gross floor area of the building will be necessary. The resulting gross floor area, excluding the recommended exemption, is 15,290 m5, representing a density of 3.19 FSI on the proposed site.

 Building Height:

 The Secondary Plan requires that all buildings within the office park be no higher than the adjacent top of bank. The closest adjacent top of bank would be that behind the York Mills office centre on the north side of York Mills Road which was established as 161.5 metres above sea level. Accordingly, the highest elevation of all structures on this site would need to conform to this height limit. The applicant=s proposal can conform to this elevation without the loss of any of the roof top design features.

In other areas of the Office Centre, small extensions above this plane have been permitted provided they are limited both in terms of the area they cover on the roof and in the height above the plane. It is recommended that pipes, chimneys and the top of the elevator be permitted to extend 1 metre above 161.5 metres and that they cover no more than 100 square metres on the building=s roof top. This limited extension beyond the adjacent top of bank is expected to have a minimal impact on the sight lines from the homes along the top of bank.

 Urban Design:

 The proposed building has been located in a manner which provides a strong streetscape presence along the Old York Mills frontage as well as a gateway treatment at the intersection of York Mills and Old York Mills. Along the west periphery of the York Mills frontage, the applicant has provided a building placement and well defined landscaped area to mitigate the mirror effect of the York Mills Centre across the street. The landscaped area will be complemented with a continuous architectural element (i.e., arcade) as well as landscaping to continue a strong streetscape edge.

 To ensure that the development provides an appropriate relationship to the adjacent streets and the residential areas to the east and south, it is recommended that the enacting by-law be implemented after site plan approval. The site plan process will allow for the review of the submission in further detail with respect to design issues and will allow for refinement of the zoning by-law. As a condition, site plan approval should ensure that:

 -the York Mills frontage provides for pedestrian connections to the street as well as a pedestrian connection to north;

 -the eastern edge of the site provides for a gateway to the Centre from the east as well as an appropriate transition to the residential area to the east. This could be achieved through terracing of the east end of the building in a manner similar to that proposed for the west end of the building. In addition, the east face of the building should be complemented with a larger landscaped area; and

 -the building and landscaped open space areas are grade related with the adjacent streets.

 For a further listing of the urban design objectives to be satisfied as part of the site plan process, refer to Schedule AE@.

 Traffic:

 Transportation Department has indicated that the traffic volumes from the residential proposal can be accommodated on the road network. The residential use will generate significantly less traffic than an office use which would also be permitted on this site. In regards to parking, the Transportation Department has indicated that the total parking supply is adequate given the subway location, however 35 visitors spaces must be provided.

 Other Issues:

 The provision of affordable housing in accordance with the Official Plan will require that at least 25% of dwelling units in all new developments be small-sized, intrinsically affordable units.

A Phase II environmental study has indicated no contamination as a result of the adjacent gasoline station to the west. The removal of the upper fill during construction of the project will eliminate any potential for methane on site. As a condition of the site plan approval, the applicant will agree to submit a Record of Site Condition confirming the soil condition is suitable for residential uses, prior to the issuance of the building permit.

 Conclusions:

 A residential redevelopment of the site is generally supported, with conditions and modifications respecting minor redesign of the building=s height, terracing, the visitor parking ratio and other urban design elements. The proposal is consistent with the general intent of the York Mills Office Secondary Plan with minor amendments. Official Plan and Zoning By-law Amendments are recommended.

 It is recommended that the implementing zoning by-law not be enacted until site plan approval is obtained given the site=s prominence and the important siting and design elements involved in ensuring the success of the project and its integration with the commercial and residential area in which it is located.

 Contact Name:

Jane Clohecy, Acting ManagerPhone: 395-7100Fax: 395-7155

   Bryan Tuckey,

Acting Commissioner of Planning