Public Meeting in accordance with the Planning Act

with respect to Official Plan and Zoning

By-law Amendment Applications to Implement the

O'Connor Business Area Secondary Plan

The East York Community Council after considering the deputations and based on the findings of fact and conclusions, recommends as follows:

(1)the adoption of the following report (September 2, 1998) from the Director of Planning, East York Office, subject to the following amendments:

(a)that Recommendation No. 2 be amended by striking out the figure "70" and inserting in lieu thereof the figure "100" so that Recommendation No. 2 now reads as follows:

"2.It is recommended that City Council pass amendments to the East York Official Plan and zoning by-law subject to permitting the following additional land uses on the lands fronting on the O'Connor Business Area between St. Clair Avenue and Dohme Avenue and from 100 metres north of the southerly road allowance of Bermondsey Road north to the former Borough Boundary to a depth of 140 metres from O'Connor Drive:"

(b)that Recommendation No. 2(c)(v) be amended by striking out the phrase "with a maximum height of up to 7 storeys on a bonus zoning basis under Section 37 of the Planning Act," so that Recommendation No. 2(c)(v) now reads as follows:

"2(c)(v) that the maximum height of residential buildings be restricted to 4 storeys on an as-of-right basis"; and

(2)receipt of the following communications (September 3, 1998) from Signe Klein, Surrey Plaza Limited, East York; and (September 16, 1998) from Ms. Dawn Adams, Toronto District School Board, North York:

The East York Community Council reports having held a statutory public meeting on September16,1998, in accordance with Section 17 and Section 34 of the Planning Act, and appropriate notice of this meeting was given in accordance with the Planning Act and the regulations thereunder.

Purpose:

This report to the September 16, 1998, East York Community Council presents the findings of the O'Connor Business Area Study and recommends amendments to the East York Official Plan and Zoning By-law to implement the findings of the Study.

Source of Funds:

Advertising for this public meeting was paid out of funds budgeted for Planning Act public meeting notices in the 1998 operating budget. This project was approved by Council in the 1998 work program.

Recommendations:

7. It is recommended that City Council pass amendments to the East York Official Plan and zoning by-law subject to permitting the following additional land uses in the interior lands of the O'Connor Business Area:

a) small commercial uses of up to 2,500 m² per lot as-of-right provided, that no restaurant patio or restaurant drive-through is located within 70 metres of Northdale Boulevard;

b) places-of-worship subject to holding zoning provisions in the by-law for the preparation of satisfactory traffic and parking studies by applicants; and,

c) automobile repair, as-of-right, provided that it is not less than 20 metres away from existing residential development (70 metres for auto body repair) and that such uses must have proper storage and screening of vehicles and parking.

8. It is recommended that City Council pass amendments to the East York Official Plan and zoning by-law subject to permit the following additional land uses on the lands fronting on the O'Connor Business Area between St. Clair Avenue and Dohme Avenue and from 70 metres north of the southerly road allowance of Bermondsey Road north to the former Borough Boundary to a depth of 140 metres from O'Connor Drive:

a) commercial uses of up to 5,000 m² as-of-right, with a holding provision for larger floor areas, subject to satisfactory traffic studies and provided that no commercial parking be permitted on the O'Connor Road frontage;

b) places-of-worship, subject to holding zoning provisions in the by-law for the preparation of satisfactory traffic and parking studies by applicants;

c) residential uses, subject to holding zoning provisions for the preparation of satisfactory servicing studies and subject to the following:

i) that residential uses generally shall only be permitted to a depth of 90 metres from O'Connor Drive. However, where a 90 metre depth renders the remainder of lands un-developable a depth of up to 140 metres may be considered;

ii) that residential uses must be subject to appropriate screening and buffering from the industrial land uses to the rear;

iii) that the majority of the ground floor of any residential building fronting on O'Connor Drive be devoted to commercial uses;

iv) that no industrial uses be permitted within a building also being used for residential purposes;

v) that the maximum height of residential buildings be restricted to 4 storeys on an as-of-right basis, with a maximum height of up to 7 storeys on a bonus zoning basis under Section 37 of the Planning Act;

vi) that any residential building over 3 storeys in height shall be designed without windows on any floor higher than the 3^rd floor on the north facade overlooking the industrial area; and,

vii) that there shall be no direct access or parking areas adjacent to the O'Connor street frontage.

Background:

On August 24, 1998, staff held a public information meeting on the draft O'Connor Employment Area study. Approximately 10 members of the public attended the meeting. In general, the comments received from the meeting are varied. Some representatives from larger industrial operations such as Nabisco (Peak Freans) are opposed to the introduction of residential uses into the area. They are concerned that the residents of new housing developments will constrain the future operation and expansion of their sites. Concern was expressed that residential development on the frontage lands would encourage applications for residential development in the interior of the area. Concern was also expressed that the changes could affect the taxation of industrial operations.

Other comments were received from commercial business operators on O'Connor Drive. They were generally in favour of the expansion of commercial uses and the introduction of residential uses on the O'Connor frontage lands.

Discussion:

The major issues regarding the area are discussed in the study entitled, "O'Connor Business Area Study - August 1998", attached as Appendix "A" to this report. The following is a summary from the study.

The O'Connor Business Area is currently undergoing a period of change. Vacancy rates for the Area are approaching the point where they may start to be of concern. In particular, there appears to be a problem in the take-up of large vacant buildings and properties. A recent study conducted by an external consultant for the City indicates that the market for industrial "brownfield" is limited.

Currently the trend in development applications in the study area have been for increased commercial, automobile repair and residential land uses. Land use policies in the other employment areas in the City vary widely. In particular, in the adjoining Bermondsey Employment Area to the north, land use policies permit a wider range of uses than in the O'Connor Business Area.

It seems apparent that the existing land use policies for the O'Connor Business Area may not adequately address the pressures facing the area. While the current vacancy rate is not major, staff are concerned that very little new development has come forward to take its place.

Of particular concern are the O'Connor frontage lands, where vacant buildings and tear-downs do not provide a good overall impression of the business area due to their high visibility and prominence.

The O'Connor area has been studied a number of times in the past. Each of those studies attempted to encourage the redevelopment of the area through incremental changes in land use regulations. This approach has not resulted in a great deal of reaction by the market. Staff believe that the approach now being considered, to permit a variety of light industrial, commercial, office and residential development will offer the most flexibility to the market for the re-development, of the area.

Recently at the public meetings for the commercial application at 11 Curity Avenue, the residents of Northdale Boulevard expressed concerns regarding the noise impacts of restaurants in commercial shopping plazas. At that time, staff recommended that no outdoor patios or drive-throughs should be permitted on the lands at 11 Curity. In keeping with that earlier recommendation staff suggest that outdoor patios and drive-throughs should not be permitted within 70 metres of Northdale Boulevard.

Transportation Issues:

In the past, area residents have been concerned about the traffic impacts of new commercial developments in the O'Connor Business Area. They are concerned about possible traffic infiltration issues associated with these uses.

Transportation Staff will review the potential for increased traffic infiltration as a result of development in the O'Connor Business area. Appropriate measures will be taken to reduce traffic infiltration on local roads in conjunction with broad community consultation.

O'Connor Drive is a major arterial road which provides access from the O'Connor Business area to other arterial roads such as Eglinton Avenue to the north and Woodbine Avenue and St. Clair Avenue to the south. Access from new developments which front onto O'Connor Drive may be limited to maintain the operating characteristics of O'Connor Drive.

Economic Development Division Comments:

The Economic Development Division's Comments on an earlier draft version of the O'Connor Business Area Study are attached as Appendix "B" to this report.

The Economic Development Division had the following comments and recommendations on the draft report:

1) As a result of amalgamation, the combined O'Connor Business Area (formerEastYork and North York portions) is an integral portion of the wider DonValley/Eglinton/O'Connor Business Area that is vital to the economic interests of the new City of Toronto. Thus the Economic Development Division recommends that this wider area be protected as an industrial/employment area within the City of Toronto's new Official Plan.

2) That the Economic Development Division does not support the introduction of residential uses on the O'Connor Frontage lands in the currently High Performance Industrial zoned lands in the O'Connor Business Area.

3) That if Council supports the expansion of residential uses in new areas along O'Connor Drive in addition to existing retail uses that they strongly consider them to be limited to the lands within a reduced Area 4 to maintain a suitable distance from Nabisco (Peak Freans) and only on the first 50 metres (approximately 175 feet) from O'Connor Drive and that only medium density residential (4-6 floors) with commercial uses on the first floor be permitted as of right.

4) That the Economic Development Division does not support the introduction of church uses due to the significant number of trucking operations from businesses in this area and due to the limited amount of land available at this time for business expansions and new plant investment.

5) That the Economic Development Division supports the introduction of automotive repair uses subject to strict screening and enforcement controls;

6) That the Economic Development Division supports the introduction of medium sized commercial uses between 5,000 and 25,000 square feet in selected areas of the HPI zone at 15 Curity Avenue, sites on O'Connor Drive and Bermondsey subject to parking being provided on site. Site specific applications for commercial uses greater than 25,000 square feet should be required by the Official Plan to go through a rezoning.

7) The Economic Development Division supports the expansion of the range of commercial uses where they are currently permitted in the O'Connor Business Area.

In response to these concerns, the draft study was changed to reflect the following:

• residential uses are reduced to a depth of only 90 metres (300 ft.) instead of 140 metres (460ft.);
• the majority of the ground floor of residential uses is now required to be used for commercial purposes; and,
• the ability to build residential uses have been removed from the area adjacent to Nabisco to a distance consistent with Ministry of Environment and Energy guidelines.

Planning Staff have the following comments with respect to the other comments raised by Economic Development Division Staff:

"To allow industrial/employment area lands to be used for low density townhouse developments is an absolute long-term waste of scarce land and a bad policy."

Response:In 1996, Metropolitan Toronto Council adopted a report from staff on the report entitled, "Housing Patterns and Prospects in Metro". In this report, concern was raised about the pattern of middle income families leaving Metro for the 905 areas. The result of this pattern is "income polarization" in which the City is increasingly becoming a place for the rich and the poor. Condominium apartment development along main streets is not fulfilling the needs of many middle income families. This trend of income polarization has a significant impact upon the social fabric of the City.

The staff report accompanying the "Housing Patterns and Prospects in Metro" study raised the following point:

"New townhouses could be an attractive affordable alternative to help Metro retain a part of the large annual out-flow of home buyers and maintain a greater portion of young and middle-income family population. Identifying and expediting the development of sites for townhouse production is a step that should be considered by area municipalities."

The staff report went on to recommend that:

"...the Area Municipalities be requested to work with Metro Planning to identify sites for townhouses suitable for purchase by young families and to determine appropriate housing forms and mechanisms to encourage and expedite the development of those sites."

Townhouse sites fulfill a needed role in maintaining options for middle income families to remain in the City. It has been shown that once a family moves to the 905 area for their first housing purchase, they are very likely to stay in the 905 area and are not likely to move back to the City.

Planning staff supports permitting places-of-worship in the O'Connor Business Area to bring planning permissions in the area into closer conformity with other employment lands in the City. Currently, places-of-worship are only permitted in residential areas and commercial as-of-right. Due to the changing multi-cultural nature of the City, places-of-worship are no longer small buildings serving the surrounding residential community. Places-of-worship are becoming much larger and are drawing worshippers from a much larger surrounding area. The impacts of these larger places-of-worship have significant impacts if placed within a residential community. Therefore, planning staff recommend that places-of-worship be permitted within the employment area.

Economic Development staff recommends that:

"If Council supports the introduction of Church Uses that the maximum parking standard (places of assembly) be applied and that this parking has to be provided on site with no exceptions. (Parking studies are not necessary, they either have the parking or they do not.) Church parking on the streets is disruptive to the trucking operations of most companies."

Recent experience with places-of-worship suggests that they are all widely different in terms of the types of services that they offer. Typically, places-of-worship are fulfilling much wider roles than they have in the past in terms of social, community and educational programming. This has resulted in a situation in which the standard East York parking requirement for places-of-worship (place of assembly - 1 parking space per 7.5 m² of gross floor area), does not reflect the actual use of buildings which have increasing large floor areas devoted to non-worship uses. The application of the place of assembly parking standard to non-worship areas of buildings does not reflect the use of the buildings which generally have lower parking demands per square metre of gross floor area. Thus planning staff suggest that the development of a places-of-worship be subject to a holding by-law designation subject to the completion of satisfactory traffic and parking studies.

Economic Development staff suggest that a commercial uses be restricted to a minimum floor area of 5,000 sq. ft. to protect the market share of the existing commercial uses on O'Connor Drive.

Planning staff do not recommend this restriction, since it is not in place in the adjacent Bermondsey Employment Area in the former North York. However, if Council where to approve this concept, planning staff suggest that a policy whereby smaller commercial uses would be permitted if developed in conjunction with a larger commercial use. This is a policy that has been put into place in the former City of York.

Board of Education Comments:

Due to the restructuring of the Board of Education's administrative functions, and despite repeated requests, staff has not yet received comments from the Toronto Board of Education on the proposal to permit residential uses in the study area. If comments from the Board are received before, the public meeting, they will be addressed in a separate report.

Conclusion:

It is recommended that East York Community Council recommend that City Council pass amendments to the East York Official Plan and the zoning by-law as outlined in this report.

Contact Name:

David Oikawa,

Director of Planning (East York)

778-2049

466-9877 (fax)

doikawa@borough.eastyork.on.ca

The East York Community Council also had before it for consideration a copy of Appendix "A" entitled "O'Connor Business Area Study " and Appendix "B" entitled "Economic Development Division's Comments and Recommendations on the Draft O'Connor Business Area Study."

The East York Community Council also submits the following communication (September3,1998) from Signe Klein, Surrey Plaza Limited, Toronto:

"We have owned property on O'Connor Drive since 1981. We have participated in a number of the studies and have gone through a number of zoning changes over the last decade or so. We agree with City Planning staff that none of the changes have substantially impacted or improved the area.

Proposals to increase the range of uses available to the properties fronting O'Connor Drive represents an appropriate response to the needs of the Landowners in the area. Land use flexibility should be enhanced with performance standards in zoning by-laws which would allow for an appropriate market response development. To be competitive, owners need marketable zoning standards.

With regard to the Katmandu application, we are in general support of the application and furthermore feel this same support should apply to all properties on O'Connor Drive. This can best be accomplished on an area wide basis. Any project that will bring people and business into the area can only be a benefit to the area. We do not feel that the residential zoning on the periphery will impact the industrial uses on the interior of the industrial area. There are a number of residential buildings along O'Connor Drive and have been for many years. To add commercial/residential developments especially on the properties with continuous vacancies can only benefit the tax base, the existing business and Landlords.

We look forward to participating in further discussions concerning changes to the Zoning By-Laws and the Official Plan."

The East York Community Council submits the following communication (September16,1998) from Ms. Dawn Adams, Property Management and Development, Toronto District School Board:

"Planning staff for the Toronto District School Board have reviewed City Planning staff reports on the above noted matters.

Preliminary review indicates that the schools designated to service the proposed development application are currently experiencing accommodation pressures. Further, the proposed residential conversion of industrial lands will intensify the current student accommodation pressures in this area.

Therefore, we advise alternative accommodation arrangements will be required for students emanating from the above noted area."

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The following persons appeared before the East York Community Council in connection with the foregoing:

(a)Mr. Murray Goldman, The Goldman Group, Toronto, expressed support for the O'ConnorBusiness Area Study which will keep Toronto as a vibrant, growing and attractive municipality. Mr. Goldman expressed reservations of the changes to the industrial buffer zone from 140 metres to 90 metres as his property is 110 metres at its deepest point. Mr. Goldman stated that he has been involved in several live/work projects in Toronto and feels that this type of mainstreeting will allow Torontonians to remain in the City and minimize urban sprawl and increased taxes for transit systems such as GOTransit. Mr. Goldman opposed the Economic Development Departments's comments that the proposed uses were a "waste of land" and Mr. Goldman felt these were sterilized lands which he is helping to revitalize.

(b)Mr. Gordon Crann, East York, expressed opposition to the recommendations with respect to permitting residential uses in the area. He felt it was very important to preserve and encourage existing industries to remain in East York rather than attempt to find new businesses. Mr. Crann felt that residential uses were incompatible with the industrial area. Mr. Crann questioned the availability of space in schools to accommodate additional children, the safety of children when crossing a major arterial road to access schools and parks and recreation facilities. Mr. Crann feels the area is becoming attractive for big box retail of various sizes so long as parking and traffic matters have been accommodated. He is concerned that noise and odour problems may put residential owners against industrial land owners.

(c)Mr. Dennis Trinaistich, on behalf of Nabisco Limited, owner of Peek Freans, Toronto, advised that the Christie Brown location at 5 Bermondsey Road employs 650 people with three shifts, 24hours per day, 7 days a week. He acknowledged it is a vibrant industry with increased production of 30% since 1994. The staff report stated the area is stagnant and in decline; however, Mr. Trinaistich challenged this statement in that he felt it was doing well and vital to the new City and should be protected as industrial use. On behalf of his client, he advised that their concerns were with the residential and frontage lands on O'Connor Drive. Mr.Trinaistich suggested a wider range of uses, but feels there is no need for residential uses. Mr. Trinaistich requested the East York Community Council to refer the matter back to staff for further review and consideration.

(d)Mr. David Rechtsman, Wild Oak Bay Home Corporation, Toronto, agrees with the staff report; however, White Rose needs the flexibility of zoning to revitalize O'Connor Drive. Mr.Rechtsman supports the residential uses in this area.

(e)Ms. Deanna Speranza, East York, felt the place of worship uses was an excellent idea to introduce to the area which can accommodate vehicles and traffic. Ms. Speranza opposed the automobile repair use in the O'Connor Business Area as it is difficult to control waste removal and property standards issues such as vehicles being left out, etc. Ms. Speranza feels this use should be in main commercial areas of the City where they can be better controlled and which are located away from children. Ms. Speranza feels that industrial uses will move away from the area if residential uses are introduced. Ms. Speranza felt the introduction of residential use into the area would impact the necessary services of schooling, healthcare, police, recreation facilities and traffic. Ms. Speranza felt the current issues need to be resolved before introducing new residential uses which would greater impact the existing services.

(f)Mr. Allen Gaw, East York, identified minor inconsistences in the staff report and was opposed to allowing the bonus zoning principle which would permit seven storeys in the area. Mr. Gaw supports a six storey maximum.