November 24, 1998

To:Chairman and Members, Etobicoke Community Council

From:Karen V, Bricker, MCIP, Director Community Planning, West District

Subject:Zoning Amendment Application

Society of Franciscan Fathers of Ontario (Lithuanian)

Roman Catholic Church of the Resurrection

3700 Bloor Street West

File No: Z-2266 (Kingsway - Humber)

Purpose:

To consider a proposal to amend the Zoning Code to permit a place of worship with accessory uses and a nursing home containing 90 beds on lands at 3700 and 3750 Bloor Street West.

Funding Sources, Financial Implications and Impact Statement:

City funding is not required. There are no impacts on capital or operating budgets.

Recommendation:

It is recommended that the application by the Society of Franciscan Fathers of Ontario (Lithuanian)

for amendments to the Etobicoke Zoning Code to permit a place of worship with accessory uses and a nursing home containing a maximum of 90 beds, be the subject of a Public Meeting to obtain the views of interested parties and, if approved, the conditions outlined in this report be fulfilled.

Background:

The site is located at the edge of a 6 hectare (15 ac) area of vacant land which formerly contained the Michael Power and St. Joseph's High Schools (See Exhibit No. 1). The schools were relocated to a new facility at Renforth Drive and Eringate Drive a number of years ago. The adjacent lands are still owned by the Sisters of St. Joseph (St. Joseph site) and the Basilian Fathers (Michael Power site), although the lands have been for sale for some time. The site also falls within the Kipling/Islington Secondary Plan area and is subject to site specific development policy 13.3.8 (See Exhibit No. 5).

On November 13, 1997, the applicant received approval from the Committee of Adjustment to sever a portion of land from the former St. Joseph's High School site to permit a place of worship. However, the applicant was later approached by the Labdara Foundation Inc. to develop a nursing home in conjunction with the Church on the same site. In order to accommodate both uses on the same site, the applicant submitted a second application to the Committee of Adjustment to create a larger parcel. This application was approved on October 15, 1998, including approval for a 99 year lease between the proposed nursing home operator and the applicant.

Site Description and Surrounding Uses:

The 1 hectare (2.5 acre) site is relatively flat and featureless. The property has approximately 121 metres (400 feet) of frontage on Bloor Street West beginning at the existing signal lights, located opposite the 22 Division Police station, and stretching east towards the railway overpass (Exhibit No. 1). The site has excellent transit access and is located approximately 500 metres (450 yards) away from the Bloor/Islington subway station.

The subject site is surrounded to the west, north and east by lands which formerly contained the St. Joseph's and Michael Power High Schools. The site and surrounding lands have been identified by the Kipling/Islington Secondary Plan as having significant residential redevelopment potential. The former high school properties are currently for sale. The lands are zoned Limited Commercial (CL) along the Dundas Street West and Bloor Street West frontages and Third Density residential (R3) within the interior.

To the south of the site, across Bloor Street West, are lands zoned Class One Industrial (I.C1) containing the 22 Division Police station and the former Westwood Theatre site.

Proposal:

The site plan, dated October 19, 1998, indicates that the proposed two-storey place of worship with bell tower would be located at the southwest corner of the site which would be known as 3700 Bloor Street West (Exhibit No. 2). This facility is designed as a multi-functional parish complex for the Roman Catholic Church of the Resurrection. Church facilities would include a religious sanctuary, chapel, monastic quarters, multi functional auditorium, classroom, community office, meeting rooms, exhibition space, parish credit union, kitchen facilities, cafe, lounge and patio area. Ninety-one parking spaces are proposed for this facility based on the 450 person capacity of the auditorium.

The proposed three storey nursing home would be located at the north end of the site (3750 Bloor Street West) opposite a central access driveway. The nursing home would be owned and operated by the Labdara Foundation Inc., a non-profit Lithuanian organization, by way of a 99 year lease with the Resurrection Parish. The Labdara Foundation has received approvals from the Ministry of Health for a capital cost construction grant and 60 licensed, fully subsidized care beds. The proposed three storey facility would contain 54 one-bedroom units and 18 two-bedroom units for a total of 90 beds. Each room would contain one or two beds and private washroom facilities. All three floors would contain dining facilities, food preparation area, nursing stations, medication room, treatment room and amenity areas, including activity rooms, lounges and outdoor patio/deck space. Twenty-three parking spaces would be provided for the nursing home use.

Access to the parish complex would be provided via a temporary private driveway from Bloor Street West at the location of the existing signals. When the remaining school lands are redeveloped, the private driveway and other lands will likely be dedicated to the City for the construction of a new public road running north-south from Bloor Street to Dundas Street.

The site plan and preliminary elevations for the project are attached as Exhibits Nos. 2, 3, and 4.

The following is a summary of information relevant to this application:

Official Plan

ExistingMixed Use, Residential Preferred (Kipling/Islington Secondary Plan)

Zoning

ExistingLimited Commercial (CL) and Third First Density Residential (R3)

ProposedLimited Commercial (CL) Site Specific

Site Area1.0 ha (2.5 ac) 10 118 m² (108,913 sq.ft.)

Floor Space Index0.67

Proposed G.F.A.

Church.2 923 m²(31,464 sq.ft.)

Nursing Home3 901 m²(41,991 sq.ft.)

Total G.F.A.6 824 m²(73,455 sq.ft.)

No. of Beds

Nursing Home90 beds

Monastic Quarters 6 beds

96 beds

Building Height:

Church2 storeys12.5 m (41 ft.)

Church Bell tower21.5 m (71 ft.)

Nursing Home3 storeys19.5 m (41 ft)

Combined Building coverage 3 328 m²(35,823 sq.ft.)33%

Parking Required:

Nursing Home 23 spaces (@ 1 space/ 4 beds)

Church 91 spaces (@ 1 space/ 5 person capacity of largest assembly area)

Total114 spaces

Parking Provided:114 spaces (including 4 handicapped spaces)

Comments:

Official Plan:

The site is designated Mixed Use, Residential Preferred in the Kipling/Islington Secondary Plan. Permitted uses within this designation includes residential, retail, office, institutional and cultural uses, situated in individual buildings or combined in structures with appropriate internal separation.

The site is also subject to Site Specific Development Policy 13.3.8, which dealt with the former Michael Power/St. Joseph's High School properties (Exhibit No. 5). The development policy envisioned the lands to be developed as a mixed use project containing primarily medium scale residential development incorporating retail and office uses along Dundas Street West, a major public park component and possibly, major institutional and cultural uses. Additional development density would also be possible if a direct access to the nearby Bloor-Danforth Subway line was provided. Urban design guidelines were also created for this site which recommended that buildings be located close to the street edge, a height limit of 8-storeys and a new north-south and east- west road system connecting Bloor Street West to Dundas Street West at existing signalized locations..

Although the proposed project complies with the uses permitted in the Mixed Use designation, the magnitude of development is considerably less than that envisioned by the Secondary Plan. In addition, it is difficult to assess the project's compatibility with future adjacent developments due to an absence of proposals for the entire holding. However, the proposed project does not preclude the redevelopment of the remainder of the vacant lands formerly containing the high school sites from being redeveloped for residential and commercial uses. The parcel configuration also allows for the development of a public road system (Exhibit No. 2) and a park dedication with the redevelopment of the remaining lands in the future. The design of the proposal has also been revised, as a result of staff comments, to address the urban design criteria contained in the Secondary Plan regarding street relationship and pedestrian-oriented environment.

Zoning Code:

The site is now zoned Limited Commercial (CL) along the frontage to a depth of 30 metres (100 ft) and Third Density Residential (R3) to the rear (Exhibit No. 1). Both of the these zones, would permit the place of worship use. However, the nursing home, which is a traditional institutional use, is not permitted in these zones. As such, the zoning of the property must be amended to recognize the proposed nursing home and to exempt the church from setback regulations contained in the Supplementary Regulations for Places of Worship which would prevent the development from achieving desired urban design goals.

As the proposed project also contains uses which are not traditionally found in Institutional uses, such as a credit union, cafe and pharmaceutical dispensary, staff recommend that the property be rezoned to a Limited Commercial zone with site specific provisions to permit the proposed uses, with some flexibility in accommodating possible future commercial uses, and to allow the setbacks as proposed.

Comment:

Site and Building Design Considerations:

The design and placement of the proposed buildings would be consistent with the urban design criteria contained in the Secondary Plan. The orientation of the proposed church addresses the Bloor Street intersection; however, staff will require a prominent pedestrian entrance on the south elevation of the facility which addresses the street. The proposed nursing home has been aligned with the future road orientation through the site and has been designed with a pedestrian entrance on the north side of the building.

Parking for these uses has been appropriately located on the east side of the property. This area is not exposed from Bloor Street as a result of the steep slope which exists at the east portion of the site due to the railway overpass. Landscaping opportunities exist around the perimeter of the site; however, staff note that any landscaping features including garden walls and hard surfaced pedestrian connections to the street, which encroach on the public boulevard, may require encroachment agreements.

Noise/Vibration from Rail Operations:

The Toronto Transit Commission (TTC) has advised that the site is adjacent to the Bloor Subway line and as such, site and foundation plans must be approved by the TTC prior to the issuance of a building permit. The TTC has also advised that due to the proximity of the Bloor subway line, noise and vibration attenuation measures should be included in the design of the development. Warning clauses should be included in purchase or rental agreements advising of the potential for noise and vibration intrusions and the fact that the TTC accepts no responsibility for any such effects (Exhibit No. 6). These requirements have been incorporated into the conditions to approval.

The Canadian Pacific Railway has indicated that it is not in favour of Residential/institutional developments adjacent or near their right-of-way, as such uses are not compatible with railway operations (Exhibit No. 7). However, they further indicate that should the application be approved, the following conditions be imposed:

1. A noise study shall be carried out and any mitigating measures shall be implemented.

2. Noise warnings shall be registered on title and on all lease agreements.

These conditions shall be incorporated within the required Development/Servicing Agreement.

Agency Comments/Department Circulation:

In response to the circulation of plans submitted in support of this application, no objections have been expressed by the Fire Department, Health Department, GO Transit, Realty Services, and the former Metro Planning Department.

Bell Canada and Toronto Hydro have no objection to the development subject to their listed conditions of approval (Exhibit Nos. 8 and 9).

Comments from the Transportation Planning section of the Works and Emergency Services Department are attached as Exhibit No. 10. Transportation staff are satisfied with the Site Access study submitted by the applicant's traffic consultant, the driveway and access road location, the traffic circulation layout and the parking supply proposed by the applicant.

Transportation staff have also identified that the following requirements: the proposed access road must comply with the design standards of the division; modifications will be required to the signalized intersection in regard to the traffic signals; a separate eastbound left-turn storage lane must be provided; amendments to on-site curb corner radii will be required; and, the length of the church layby must be reduced. The cost of these requirements are the applicant's responsibility. The applicant will also be required to submit a tree audit, as the proposed driveway will require the removal of some trees on the public boulevard. These concerns should be addressed at the site plan review stage. Garbage containment facilities shall be provided in accordance with the requirements of the Coordinator of Waste Management.

The Development Engineering Section of the Works Department has advised that storm and sanitary sewers are available on Bloor Street; however, sewage capacity for the proposed nursing home may not exist (Exhibit No. 11). As such, staff recommend a holding provision be attached to the proposed zoning by-law to prevent the development of the Nursing Home until such time that servicing issues can be resolved to the satisfaction of the Works and Emergency Services Department. They also advise that storm water management, incorporating quantity and quality control measures, will be a requirement for the development of the site and details will be required at the Site Plan review stage.

Community Planning staff note that, the applicant would be required to provide details of handicapped accessibility, lighting and on-site security and safety features during the Site Plan Approval process. A screen fence shall be required along the easterly property line. The project would be subject to the prevailing development charges in effect at the time of the issuance of the building permits.

Parks and Recreation Services (Exhibit No. 12) has indicated that the proposed church is exempt from parkland dedication requirements. However, the parkland dedication requirement for the nursing home development should be based on 5 percent and taken as cash-in-lieu. They further advise that a detailed landscape plan shall be provided at the site plan stage which is to the satisfaction of the Staff Advisory Committee on Development Control and that boulevard tree planting shall be to the satisfaction of the Forestry Section of Parks and Recreation Services.

Community Consultation:

A community meeting was held on November 19, 1998 and approximately 20 residents attended. The residents requested information on the operation of the nursing home; registration requirements; they indicated there was a need for nursing home and retirement facilities; and, they wanted to know how long construction would take due to dust concerns.

Conclusions:

The subject application has been evaluated within the context of the policies contained within the Kipling/Islington Secondary Plan. Urban Development staff are of the opinion that the proposal would be permitted by the Secondary Plan policies, that the lands are appropriate for the institutional uses proposed, and that the proposal would generally comply with the urban design criteria contained in the Secondary Plan. However, staff would recommend that any implementing by-law permitting the proposal contain a holding provision on the nursing home component to prevent such development until servicing matters are addressed to the satisfaction of Works and Emergency Services. The subsequent application to remove the holding provision on the proposed by-law would also provide staff with an opportunity to ensure the project is compatible with future applications on abutting vacant lands.

This application is a site specific zoning amendment and there are no City-wide issues.

In the event of approval, the following conditions should apply:

Conditions to Approval:

1.Prior to the enactment of an amending by-law the applicant shall sign a Development/Servicing Agreement containing the recommended noise warnings and Noise Study requirements and the payment of the necessary fees associated with the preparation execution and registration of same.

2.The site specific amending by-law shall rezone the site to Limited Commercial (CL) and permit the proposed uses and accessory commercial uses. The by-law shall also contain a holding provision on the development of the nursing home until servicing matters have been resolved to the satisfaction of the Works and Emergency Services Department, if required. The zoning by-law shall specify requirements for landscape open space, floor space index, coverage, setbacks, parking, fencing and a maximum building height.

3.Further detailed consideration of the proposal under Site Plan Control to include inter alia:

(i)Signing of a Site Control Agreement which may include, among other matters, payment of necessary fees associated with the preparation, execution and registration of same, to the satisfaction of the City Solicitor.

(ii)Submission of a landscaping plan detailing fencing, curbing, grading, street trees, planting, and tree preservation details to the satisfaction of the Staff Advisory Committee on Development Control, and posting of an appropriate financial guarantee to ensure compliance with the approved plans.

(iii)Provision of on-site services, including storage of waste and recyclable materials, the provision of stormwater management facilities or cash-in-lieu payment, the signing of agreements, and the posting of financial guarantees, if required by the Works Department.

(iv)Confirmation that the site plan and all related transportation improvements are to the satisfaction of the Works and Emergency Services Department.

(v)Confirmation that the site plan is satisfactory to Bell Canada, Toronto Hydro and Canada

(vi)The developer to pay the prevailing development charges in effect at the time of issuance of building permits and five percent cash in lieu of parkland dedication for the nursing home.

(vii)Submission of a construction site management plan to the satisfaction of the Staff Advisory Committee on Development Control.

(viii)Confirmation of barrier-free access into the buildings to the satisfaction of the Staff Advisory Committee on Development Control.

Contact Name:

Paul Zuliani, MCIP, RPP,Tel: (416)394-8230

Area Planner Fax: (416)394-6063

Community Planning, West District

Karen V. Bricker, MCIP

Director of Community Planning

West District