Settlement Report -

Official Plan and Zoning By-law Amendments -

9-17 Christie Street and 388-402 Clinton Street (Midtown)

The Toronto Community Council:

(1)submits the report (September 15, 1998) from the Commissioner of Urban Planning and Development Services to Council without recommendation;and

(2)recommends that the applicant be directed to plant a minimum of five shade trees on the private property flankage of Christie Street.

The Toronto Community Council reports, for the information of Council, having requested the Commissioner of Urban Planning and Development Services:

(1)to meet with representatives of the Seaton Village Residents' Association to discuss the settlement;

(2)to continue discussions with the developer to investigate if further modifications can be made; and

to report on the discussions directly to Council; and

(3)to explore with the developers the concept of offering displaced tenants first option to purchase units in the new building.

The Toronto Community Council submits the following report (September 15, 1998) from the Commissioner of Urban Planning and Development Services:

Purpose:

To recommend to Council a settlement of the referral and appeal to the Ontario Municipal Board on this application and to direct staff to undertake all necessary actions to secure the settlement.

Source of Funds:

Not applicable.

Recommendations:

1.That City Council instruct the City Solicitor and the Commissioner of Urban Planning and Development Services to attend the Ontario Municipal Board hearing on October 19, 1998, to settle the appeals before the Ontario Municipal Board respecting 9-17 Christie Street and 388-402 Clinton Street, based on the following terms:

a)that the applicant will withdraw the appeal of Official Plan Amendment No. 96 (Seaton Village Part II);

b)that the City Solicitor be requested to submit to the Board a draft by-law to give effect to an amendment to the Official Plan respecting the Toronto Community (the former City of Toronto) for lands known in the year 1998 as 9-17 Christie Street and 388-402 Clinton Street, substantially as set out below:

9-17 Christie Street and 388-402 Clinton Street

See Map 18_ at the end of this Section.

Notwithstanding any of the provisions of this Plan, Council may pass by-laws applicable to the lands shown on Map _, to permit:

(i)for the lands comprising 388-402 Clinton Street, an increase in the density of development otherwise permitted, for the construction of a maximum of eight (8) rowhouses provided that the ratio of the floor area of the residential buildings, including basements, to the area of the lot does not exceed 1.29; and

(ii)for the lands comprising 9-17 Christie Street, an increase in the density and height of development otherwise permitted, for the erection and use of a residential building, including below-grade parking, provided that,

(a)the maximum residential gross floor area does not exceed 4,990 square metres; and

(b)the height does not exceed seven storeys;

c)that the City Solicitor, in consultation with the Commissioner of Urban Planning and Development Services and the applicant, be requested to submit to the Board a draft by-law to amend the City's Zoning By-law (438-86, as amended) to permit the following for:

(i)the lands comprising 388-402 Clinton Street, to permit the development of 8 rowhouses, with basement units, on individual lots facing Clinton Street provided that:

(a) the maximum residential gross floor area, including basements, is 2,040 square metres;

(b)the maximum residential building depth is 15 metres;

(c)garages are accessed from the rear lane; and

(d)notwithstanding By-law 94-0518, the lands comprising 388-402 Clinton Street shall not be exempt from site plan control; and

(ii)the lands comprising 9-17 Christie Street, to permit the proposed development of a seven storey residential building with a maximum of 62 residential units and underground parking accessed from the rear lane provided that:

(a)on the east elevation, the sixth floor is recessed 2.0 metres and the seventh floor is recessed a further 5.0 metres;

(b)on the west elevation, the sixth and seventh floors are recessed 1.5 metres;

(c)the maximum height does not exceed 22.19 metres;

(d)the amenity space to be provided is at least 120 square metres indoors and 92 square metres outdoors;

(e)the minimum setbacks are 3.34 metres for the front yard, 2.17 metres for the rear yard and 0.1 metres for the side yards;

(f)the maximum residential gross floor area is 4,990 square metres; and

(g) a minimum of 65 parking spaces are provided; and

d)that the City Solicitor request that the Board require, as condition of approval, that the owner enter into an agreement under Section 37 of the Planning Act which would result in the termination of the abattoir use (currently carrying on business as Gross Abattoir) on the site of this application prior to site plan approval on either the Christie or the Clinton sites; and

e)that the Ontario Municipal Board dispose of the Zoning appeal on the foregoing basis.

2.That this report be forwarded to City Council for consideration at its meeting scheduled for October 1, 1998; and

3.That the owner be advised that development on both the Clinton and Christie sites is subject to site plan approval and that the owner will be required to enter into an Undertaking with the City.

Background:

1.Applicant

The application and revised plans were submitted by Hessie Rimon, PMG Planning Consultants, 227 Bridgeland Avenue, Toronto, Ontario, M6A 1Y7 on behalf of Anne Johnson and the Estate of Ruth Appleton.

2.Site

The development site of about 0.3 hectares is on two land parcels, separated by a north-south lane, between Christie and Clinton Streets. The portion of the application on Clinton Street is currently occupied by the Gross Abattoir, which is a legal non-conforming use and which Council has long sought to remove from this predominantly residential area.

.History

The history of this application, including discussion of the public meeting and appeals and referral to the Ontario Municipal Board was described in detail in my report dated September 4, 1998, listed as Item 41 at the September 16, 1998 Toronto Community Council meeting. This report also outlined the principles for a settlement which would permit a development consisting of 8 unit townhouse facing the street on the Clinton site and a seven storey apartment building with the upper floors being recessed and with underground parking accessed from the rear lane on the Christie site. Details of the settlement were subject to further negotiation which was to be reported to Toronto Community Council at its meeting of September 16, 1998.

4.Settlement Details

Details of the settlement, to which the applicant has agreed, are specified in the attached plans and drawings and discussed below.

For the Clinton Street site:

- eight freehold townhouses facing Clinton Street will:

-have a maximum height of 10 metres;

-have a maximum depth of 15 metres;

-have a gross floor area, including basements, averaging 255 square metres per unit and a maximum of 2,040 square metres over the total Clinton Street site, resulting in a ratio of floor area to lot size of 1.29;

-be set back from the street in a staggered manner so that the north and south townhouse units approximate the setbacks of the adjacent existing development;

-have garages accessed from the rear lane and which provide an average of 1.5 parking spaces per townhouse lot;

-not change the grade nor have significant overlook impacts on the properties to the north and south; and

-have the potential for one basement unit per townhouse.

In general, the planning approvals I am recommending would require that the built form of any development which occurs on the Clinton Street site reflect existing development in the area, notwithstanding the slightly higher density. As with existing housing in the area, the proposed development will be approximately 2 1/2 storeys, or 10 metres, in height, and will front onto Clinton, with setbacks similar to adjacent houses. The applicant is showing in his plans that the elevations will be similar to existing houses in the area. I will be seeking the same approach from the ultimate developer of the lands.

I do not oppose the inclusion of potential basement units as the Zoning By-law permits an existing house in the area to have an accessory unit.

In terms of parking, each townhouse lot will include a garage accessed from the rear lane, identical to existing development in the area. An average of 1.5 parking spaces will be provided in these garages. This exceeds the Zoning By-law requirements.

In previous proposals, the applicant sought an increase in the grade of the property and an arrangement of units which would result in serious overlook and shadow problems for adjacent properties. The settlement that I am recommending maintains the existing grade and will not have significant overlook and shadow impacts on adjacent properties.

For the Christie Street site:

-the seven storey apartment building, will

-have a maximum height of 22.2 metres;

-have a maximum gross floor area of 4,990 square metres;

-have the sixth floor recessed on the east elevation by 2.0 metres and the seventh floor recessed by a further 5.0 metres;

-have the sixth and seventh floors recessed by 1.5 metres on the west elevation to tie into the five storey building to the north;

-have an amenity space which at least 212 square metres, of which 120 square metres is outdoors and 92 is outdoors; and

-have 65 parking spaces in an underground garage accessed by the rear lane.

The planning approvals which I am recommending will permit the construction of an apartment building which takes advantage of the open space view of Christie Pits Park and the excellent public transit access provided by the adjacent Christie subway station.

Care was taken to ensure that, in recessing the upper floors of this building, the shadow impacts on properties to the east would be no worse than a five storey building and that, on the Christie Street elevation, the five storey building to the north would be echoed in the design of this building.

The total number of units on this site cannot exceed 62, although the actual number of units will be determined at the time of development. The applicant has proposed that more than half of the units will be greater than one bedroom, a ratio which is consistent with similar types of development in the area and an improvement over earlier proposals for this site.

The number of parking spaces conforms to Zoning By-law requirements and given the proximity of the subway station, should be adequate to meet resident and usual visitor needs for this building.

The provision of a roof top amenity area is common among recent apartment developments and can be secured through site plan approvals with the ultimate developer of the lands.

I have also recommended that, in order for these approvals to take effect, the abattoir use on Clinton Street will have to cease operations. This can be achieved by the applicant signing an agreement under Section 37 of the Planning Act. I have further recommended that development on both sites be subject to site plan approval.

5.Conclusions

The settlement which I am recommending, and to which the applicant has agreed, will provide redevelopment on Clinton Street which reflects existing housing in the area and an apartment building on Christie Street which benefits from both the excellent transit access provided by the Christie Street subway station and the proximity to Christie Pits Park. The proposed apartment building should have no greater shadow impact on adjacent properties than a five storey building. The settlement I am recommending will result in the removal, at no cost to the City, of the abattoir use, a legal non-conforming use which has been the source of neighbourhood complaints over a long time.

Contact Name:

Wayne Morgan

City Planning Division, North Section

Telephone 392-1316

Fax 392-1330

E-mail wmorgan@city.toronto.on.ca

The Toronto Community Council also submits the following report (September 3, 1998) from the Commissioner of Urban Planning and Development Services:

Purpose:

To advise Council of a pending settlement for a referral and appeal to the Ontario Municipal Board on this application with more detailed information being presented at the Toronto Community Council meeting on September 16, 1998.

Source of Funds:

Not applicable.

Recommendations:

1. That this report be received by Toronto Community Council and forwarded to City Council for its information.

Background:

(1)Applicant

The application and revised plans were submitted by Hessie Rimon, PMG Planning Consultants, 227 Bridgeland Avenue, Toronto, Ontario, M6A 1Y7 on behalf of Anne Johnson and the Estate of Ruth Appleton.

(2)Site

The development site of about 0.3 hectares is on two land parcels, separated by a north-south lane, between Christie and Clinton Streets. The portion of the application on Clinton Street is currently occupied by the Gross Abattoir, which is a legal non-conforming use and which Council has long sought to remove from this predominantly residential area.

(3)History

This application was the subject of my reports dated March 19, 1998, listed as Item 111 at the April 1, 1998 Toronto Community Council meeting and May 13, 1998, listed as item 54 at the May 26, 1998 Community Council meeting. A public meeting was held on June 29, 1998 at which numerous concerns were expressed about the application.

The applicant submitted revised plans July 29,1998. Planning staff, after an evaluation of the revised plans, expressed concerns to the applicant in writing and advised that staff would have to recommend refusal to Community Council for the application in its current form.

The applicant has appealed policies in the Seaton Village Neighbourhood Part II Official Plan and the City's handling of this application. The appeal has been referred to the Ontario Municipal Board by the Minister. The Board has scheduled a hearing for this appeal on Monday, October 19, 1998.

(4)Settlement Principles

At the request of the applicant, meetings were held with planning staff and the Ward Councillors to discuss proposed revisions to the plans. At the latter meeting several proposals were put forward. The applicant has stated a willingness to settle the appeal and referral to the OMB on the following basis:

- Clinton Street site

- a row of eight freehold townhouses facing Clinton Street;

- parking in garages accessed from the rear lane, with an average of 1.5 parking spaces per property; and

-a basement unit in each townhouse.

- Christie Street site

-a seven storey apartment building, with the upper floors being recessed; and

-underground parking accessed from the rear lane.

(5)Conclusions

Details of the development continue to be negotiated. I intend to report directly to Toronto Community Council at its meeting on September 16, 1998 on the progress of negotiations based on the above principles so that City Council may place a position before the Ontario Municipal Board.

Contact Name:

Wayne Morgan

City Planning Division, North Section

Telephone 392-1316

Fax 392-1330

E-mail wmorgan@city.toronto.on.ca

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The Toronto Community Council reports, for the information of Council, having also had before it during consideration of the foregoing matter, a communication (September 15, 1998) from Mr. Gary Lichtblau, Chair, The Seaton Village Residents'Association, and a copy thereof is on file in the office of the City Clerk.

The following persons appeared before the Toronto Community Council in connection with the foregoing matter:

-Mr. Hessie Rimon, PMG Planning Consultant;

-Mr. Peter Turner, Turner Fleischer Architects Inc.;

-Mr. Rocco Catalano, Member of Seaton Village Residents' Association; and

-Mr. Pasquale Pisani.

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9-17 Christie Street and 388 and 402 Clinton Street

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