March 15, 1999

To:North York Community Council

From:Rob Dolan

Acting Director, Community Planning, North District

Subject:PRINCIPLES OF DEVELOPMENT REPORT

OFFICIAL PLAN AND ZONING AMENDMENT APPLICATION &

PLAN OF SUBDIVISION APPLICATION

Greatwise Developments Corporation

305-308 Poyntz Avenue and 314-317 & 325 Bogert Avenue

Part Lot 15, Conc. 1, R.P. 1743

UDOZ-95-19 and UDSB-1224

WARD 10 - NORTH YORK CENTRE

Purpose:

The purpose of this report is to establish principles of development for the applications filed by Greatwise Developments Corporation for the redevelopment of lands on the south side of Sheppard Avenue West, west of Easton Road. These applications are the subject of a pre-Hearing of the Ontario Municipal Board on April 16, 1999.

The applicant's lands currently are occupied by 416 rental apartment units which would be demolished under the applicant's proposal. This report outlines the North York and Metro Official Plan policies regarding the retention of rental housing and residential intensification and also establishes a framework to apply the new Official Plan policies recently approved by Council. Council has the authority to use its Official Plan policies to restrict the loss of its rental housing stock. This report establishes land use, built form, site organization and transportation principles which will form the basis of a complete evaluation of the proposal when the applicant has perfected their application and submitted the required studies.

Recommendation(s):

It is recommended that:

(1)Development of the lands at 305-308 Poyntz Avenue and 314-317 & 325 Bogert Avenue be evaluated further on the basis of the Principles of Development described in the attached Appendix "1";

(2)That city officials be authorized to work with the applicant within the parameters established through the Principles of Development and report further to Council prior to any scheduled hearing of the Ontario Municipal Board on these private appeals;

(3)That a final report on these applications be prepared when the applicant has perfected their applications and submitted all of the required background studies identified in this report and that staff give Notice of a statutory Public Meeting at the appropriate time;

(4)That the Ontario Municipal Board be advised that the scheduling of a Hearing on the private appeals of this applicant is premature at this time.

Background:

The development applications were first filed in 1995 accompanied by a concurrent application for Demolition under the Rental Housing Protection Act 1989. A community information meeting on the original application was held on January 15, 1996, at the North York Civic Centre, attended by approximately 280 area residents and tenants. At that meeting, community concerns were raised with respect to the increased density, the overall height of the building, the potential for increased traffic infiltration through the local neighbourhood, the adequacy of parking, the potential impact on local community services such as schools and park space, and the tenant concerns with loss of their homes.

Subsequently, the various applications were held in abeyance at the request of the applicant. The development applications were not perfected and much of the required documentation in support of the original proposal was not submitted, including a traffic impact study. The application under the Rental Housing Protection Act (UD53DE-95-001) was withdrawn by the applicant on December 15, 1997 because of the repeal of the Rental Housing Protection Act under the Tenant Protection Act, 1997. It is the submission of the applicant that their proposals are not captured under the Transition clause 223(10) of the TPA and consideration of their development proposals no longer is dependent upon a first disposition of the demolition application under the RHPA.

Revised plans were submitted by the applicant in July 1998 and have been circulated. However, the application still has not been perfected to the point where a planning recommendation can be finalized and the required supporting studies including a transportation study, and preliminary engineering report are outstanding.

In October 1998, the applicant filed appeals of official plan and zoning amendment application UDOZ-95-19 and subdivision application UDSB-1224 on the grounds that the City of Toronto had refused or failed to approve the requested amendments. At its meeting of December 9, 1998, Community Council received an information report on these appeals. The Ontario Municipal Board has scheduled a pre-hearing conference on the appeals for April 16, 1999. It is necessary for the City take a position on the applications which can be presented at the pre-hearing.

On March 11, 1999, the applicant circulated a revised Official Plan and Zoning Amendment and proposed plan of subdivision with their notice of the Ontario Municipal Board hearing. (see Schedule "P") The notice indicates a proposed residential gross floor area of 121,910 m² with 1,387 dwelling units of which 292 units are rental with a proposed floor space index of 2.96 excluding the valley portion of the site. This revision has not officially been submitted to the City for review and the applicant has not provided a new site plan or supporting studies. This revision has therefore not been circulated to the commenting departments and agencies. This report is structured around the applicant's proposal currently on file with the City.

Proposal:

The revised application, received in July 1998, proposes amendments to the Official Plan and Zoning in order to permit a total of 1,260 new residential units and a community centre, at a net site density, excluding the valley land portion of the site, of 2.68 FSI. The existing 416 unit rental apartment building which is currently developed at a density of 1.05 FSI, excluding the valley lands, and 8 single detached dwellings would be demolished. The subdivision application proposes the division of the site into seven blocks and the laying out of new public roads.

The proposal includes six apartment buildings with a total of 1,194 units, ranging in height from 2 to 19 storeys, including 924 condominium apartments, 140 rental apartments and 130 seniors rental apartments. The southern and eastern edges of the site would be ringed with 3-storey townhouse units. No information is available at this time as to the affordability level of the proposed rental units.

A 2-3 storey community centre is proposed to be located abutting Easton Road, immediately south of an existing medical office building at 307 Sheppard Avenue East. The applicant is proposing new public roads to serve the development, with a direct access to Sheppard Avenue, and additional accesses to Easton Road by means of extensions to the existing ends of Poyntz Avenue and Bogert Avenue.

Pertinent site statistics are set out in Appendix "2A" - Comparison of Original Proposal and Revised Proposal, and Appendix "2B" - Comparison of the Existing Uses and the Revised Proposal.

Location and Existing Site:

The site is located south of Sheppard Avenue West, west of Easton Road. It is currently developed with a 1 to 6 storey rental apartment building with 416 units at 325 Bogert Avenue, and 8 detached dwellings at 305-308 Poyntz Avenue and 314-317 Bogert Avenue.

The existing apartment building at 325 Bogert Avenue, constructed in 1965, has a gross floor area of 43,329 m² (466,413 ft²) and a density of approximately 1.0 FSI (tableland portion) and 100 uph (40 upa). Zoning compliance of the existing use requires the inclusion of lands below the top of bank as part of the calculable site area.

There are existing single detached dwellings to the north, south and east. The surrounding residential area south of Sheppard Avenue is centred on Cameron Public School. The commercially designated lands fronting on Sheppard Avenue to the east are occupied by a variety of small scale office uses. The site directly abuts a two-storey medical office building at 307 Sheppard Avenue West, at the southwest corner of Sheppard Avenue and Easton Road.

Earl Bales Park abuts the site to the west, and there are also valley lands opposite the site to the north of Sheppard Avenue.

Planning Controls:

Official Plan:

The site has four land use designations in the Official Plan. The lands at 325 Bogert Avenue are designated Residential Density Three (RD3),Valley Open Space (VOS), and Commercial (COM). The RD3 designation permits all forms of residential development including low-rise apartment buildings, and certain institutional type uses such as retirement homes, homes for the aged, nursing homes and crisis care facilities, at a maximum density of 100 units per hectare (40 units per acre).

The VOS designation applying to the valley land portion of the lands permits outdoor recreational uses and essential public works only. The Valley Land Impact Zone (V.I.Z.) bisects the property east of the VOS designation. Council has established policies for developments within the V.I.Z. to help maintain the natural features of the valley edges.

The COM designation applies to a small portion of the site which abuts the property at 307 Sheppard Avenue East. These commercial lands are governed by Part D.4, the Sheppard Avenue Commercial Area Secondary Plan, which permits office uses, detached dwellings, institutional uses and financial institutions, at a maximum density of 1.0 FSI.

The lands at 305-308 Poyntz Avenue and 314-317 Bogert Avenue are designated Residential Density One (RD1). This designation permits single detached dwellings at a density of 20 uph (8 upa) and semi-detached dwellings at a density of 30 uph (12 upa).

The Residential portions of the site are subject to the existing policies in Part C.4 (Housing) of the North York Official Plan, which contain approved policies related to the retention of rental housing, and criteria to guide the redesignation of residential lands to higher densities. In addition, Council has approved a new City-wide policy on condominium conversion and demolition of rental housing. The existing and emerging policies and their relationship to the application are discussed below and in Appendix "4" to this report.

Zoning:

The site currently has four zoning categories: the lands at 325 Bogert Avenue are zoned RM3 (Multiple-Family Residential Third Density Zone), which permits townhouses and apartments at a density of 0.75 times the lot area and a height of 9.2 metres; 01 (Open Space Zone) which permits recreational uses, schools and day nurseries: and C6 (Special Commercial Zone) which permits primarily office uses and single detached dwellings at 1.0 times the lot area. The lands at 305-308 Poyntz Avenue and 314-317 Bogert Avenue are zoned R4 (One Family Detached Dwellings Fourth Density Zone) which permits single detached dwellings on lots with a minium lot frontage of 15 metres (49 feet).

Community Consultation:

While no formal public consultation meeting has been arranged to discuss the revised proposal, the ward Councillors convened a community meeting on February 24, 1999, to discuss the revised application which was attended by approximately 30 area residents. The area resident concerns expressed at this meeting were with respect to density of the project, with a desire that the project be reduced in size. The neighbourhood residents were also concerned with visitor parking overflow on local streets, traffic infiltration through the neighbourhood, the stability of the valley slope, impacts on the neighbourhood, and the plight of the existing tenants, even if some rental units were replaced.

A community meeting with the tenants of the building has also been scheduled and notes from that meeting will be available at the time of the Community Council consideration of this report.

A statutory public meeting can be scheduled when the applications have been perfected and a final report is prepared.

Discussion:

Principles of Development:

Appendix "1" to this report summarizes the Principles of Development which should be used by the applicant and the City to perfect these applications. In particular the following key considerations should be paramount:

• redevelopment of this site should be dependent upon a 100% replacement of 416 rental units which are of a similar type, size and level of affordability as currently provided at this location; this will ensure that the residents of the community have access to a range of housing opportunities in their local neighbourhood; any final report should identify the range of options which will be made available to the existing tenants to be relocated or accommodated in new rental units with minimal disruption;

• in considering the distribution of density and appropriate built form on the site, the perimeter treatment along Sheppard Avenue West should take into account the low rise Sheppard Avenue Commercial Area; the perimeter treatment along Easton Road should take into account the single family neighbourhood on the opposite side of the street; a landmark building should address the larger valley land horizon with appropriate transition to Sheppard Avenue;

• transportation impacts and the provision of adequate hard and soft services will dictate the feasibility of development;

• urban design and built form considerations will dictate the appropriateness of the design for development.

Retention of Rental Housing Policies:

The prime city objective is to preserve and maintain the supply of residential buildings, particularly the existing rental housing stock, and encourage new rental production. Rental housing is a significant part of the City's housing market constituting half of all housing units. Rental demand is currently very strong as reflected in the 0.9% vacancy rate. This demand will likely remain strong as there is little new supply of rental apartment units. More importantly, the need for rental housing is strongest for those households with low to moderate incomes and tenants at the lowest incomes are least able to cope in a constrained housing market.

North York Official Plan policies intend to preserve rental housing. These policies, reproduced in Appendix "4", recognize the importance of maintaining a balanced mix between the rental and freehold forms of tenure. Final recommendations on these applications should take into account the intent of these policies to preserve our rental housing stock and the need to accommodate existing residents of the rental buildings who are characterized by a number of families with children who depend upon the provision of affordable rental housing.

The applicant has also indicated a seniors housing component of the rental housing. The need for this type of housing over housing for families has not been demonstrated by the applicant. In addition, the form of this housing type in terms of unit size and facilities has not been specified as to how it is geared towards seniors as opposed to other types of tenants.

Residential Intensification Policies:

At present, this property is not identified as an area of potential reurbanization on Map A-2 of the Official Plan. Policies to guide the identification of additional reurbanization areas are set out in Part A of the Official Plan and have been reproduced in Appendix 3 of this report.

The Housing policies of the North York Official Plan seek to achieve a balance between the need to ensure that new residential development is compatible with existing neighbourhoods, and the need to foster adequate, affordable and appropriate new housing to meet population and housing projections. In addition, the Housing policies call for the retention of rental housing in order to maintain the balanced mix of both types of tenure. Part C.4 (Housing), Section 5 of the Official Plan recognizes that Council may be asked to consider applications to increase the permitted density on residentially designated lands. Council may consider redevelopment proposals which will assist in revitalizing or enhancing neighbourhoods, when the location represents an opportunity to create additional housing or a mix of housing to take advantage of physical infrastructure, community services and facilities, transportation facilities and to meet housing needs without undue expense to the City as per the criteria in Appendix 3.

When an increase in density is proposed, as is the case with the subject applications, Council is to have regard to the general development criteria in the Housing policies, as well as ten further policies dealing with community facilities and services, transportation facilities, public infrastructure and transit, the mix of housing types, concentrations of high density development, net benefits to residents, and maintaining adjacent stable residential areas (refer to Appendix "3"). With the addition of new units, consideration must also be given to the provision of affordable housing as per the criteria in Appendix 3. The applications will be evaluated within the context of all of the intensification and general development policies. However, this evaluation cannot be completed until the submissions are perfected by the applicant and the required additional reports and studies are prepared to the satisfaction of the City. Until this information is submitted by the applicant, it is premature to make a final recommendation on their disposition. Feasibility of development will determine in the first instance the density considerations.

If the rental housing component at this location can be preserved and it can still be demonstrated that intensification can be accommodated, it should be demonstrable that the quality of life for the tenants and the new residents and the neighbourhood residents has been improved through identifiable community benefits and a better urban environment. Key elements which achieve these municipal objectives should be secured through a Section 37 agreement and/or through the subdivision agreement.

Transportation Considerations:

The current applications recognize that any intensification of this site should be supported by the laying out of new public roads.

The site is adjacent to a major arterial road, served by a transit route linked to the Yonge Subway and the future Sheppard Subway. A full review of transportation and parking demands of the development, supported by appropriate studies supplied by the applicant, is required to determine whether an intensification of the site can be accommodated.

The applicant has not submitted a traffic impact study which is needed to determine the width of the roads, the layout of the road pattern and the design of the intersections. Without this study, it is premature for the City to thoroughly evaluate the impact of the proposal on existing traffic conditions on Sheppard Avenue West and on the neighbouring local residential streets.

The application for plan of subdivision will provide the City with the mechanism to acquire public roads within the site. In this regard, the Transportation Services Division has identified that the internal road system must be designed in accordance with City standards and conform with City policy. The proposed on-street parking and lay-by will not be permitted, and the proposed turning circle is located outside the designated road allowance on the plan of subdivision. Further, the operation and design of the access to Sheppard Avenue must be reviewed as part of any final evaluation of the proposal.

With respect to parking, the applicant has not provided sufficient information to determine the appropriate parking supply, which in essence should conform to the By-law requirements. A parking layout of the underground structure is required to assess issues relating to ramp grades, circulation and parking standards.

The TTC requires more precise drawings with respect to the buildings at the northwest corner of the site relative to the property line and the centre line of Sheppard Avenue so it can assess whether the proposed development would still allow for a southerly alignment of a future western extension of the Sheppard Subway. The applicant has not yet submitted these drawings.

There is the potential for Sheppard Avenue to be widened to a 36 metre right-of-way in accordance with the Metropolitan Toronto Official Plan. Although only the widening of Sheppard Avenue between Beecroft Road and Leslie Street is planned to be implemented at this time, the widening of this section of Sheppard Avenue should be protected through site plan and zoning regulations in accordance with the Metro plan. Any final design for development should take this consideration into account.

Preliminary Subdivision Engineering:

The applicant has not submitted its preliminary engineering reports. The Works and Emergency Services Department, Technical Services Division have advised that they will provide comments on the draft plan of subdivision application when these reports are submitted and reviewed.

Slope Stability:

Portions of the property are subject to the Ontario Regulations of the Conservation Authority. Toronto and Region Conservation Authority staff received and reviewed a preliminary soils investigation (dated June 1989) and a geo-technical report (August 1989) prepared by B. P. Walker and Associates Limited. Authority staff are generally satisfied with the overall recommendations and conclusions presented in the consultants studies but they would impose appropriate conditions of draft plan approval in the event that a plan of subdivision is approved for this property and in particular appropriate conditions with respect to storm water management on the site and remediation of gully erosion at the upstream end of the property. Among other matters, the Authority seeks conveyance of the Valley land block as a condition of draft plan approval. Their comments are attached as Schedule "I".

Municipal Standards:

Municipal Standards staff have indicated that there are active property standards issues with respect to 325 Bogert Avenue. There also is a need to clean debris from the valley slope. Any program proposed to accommodate the relocation and accommodation of the existing rental tenants needs to remedy these concerns before and during the construction period.

Parkland and Recreation Facilities:

The applicant has proposed a 470 m² (5,059 ft²) community centre adjacent to Easton Road, but no on-site parkland dedication. The Lansing Community, which includes the residential area north of Sheppard Avenue to the York Cemetery, is deficient in parkland (1.93 ha or 4.7 acres).

The application has not specified whether the proposed community centre is intended to be a private or a public facility. The Parks and Recreation Planning Branch indicates that if this is to be a public facility, it should have a minimum gross floor area of 929 m² (10,000 ft²), constructed by the applicant at their cost on a turn key ready basis. Parking for the community centre would have to be provided on site.

If the community centre is operated on a private basis, the application will be subject to a 5% land dedication requirement, with final configuration and location of the parkland to be conveyed subject to the approval of the Commissioner of Economic Development, Culture and Tourism. The preferred location of the land conveyance is abutting Easton Road.

Further discussions are required with the applicant to resolve the issues of appropriate parkland and recreational facilities for this development. A review of recreation and community facilities needs assessment may be required by the Economic Development Culture and Tourism Department to determine whether the proposed facilities are necessary. In addition, if developed, the operation cost of the proposed facilities will need to be recommended by the Economic Development Culture and Tourism Committee and approved by Council.

The lands below the top of the bank should be conveyed to the appropriate public agency and given an appropriate designation and zoning. These lands cannot be considered to fulfill the parkland dedication requirement.

Indoor as well as outdoor amenity space should be provided for the residents of the proposed apartment buildings, and a pre-school play area and multi-purpose sports pad should be considered.

Schools:

The Toronto Catholic District School Board has raised an issue with respect to the capacity at both its elementary and secondary schools. Further discussions should take place with the TCDSB prior to any OMB hearing.

Pedestrian Comfort:

The applicant has been requested to submit a preliminary review of the development by a qualified microclimate specialist, addressing the issues set out in Section 8.1.0 of the Pedestrian Comfort Guidelines in the Appendix to the Official Plan. This study has not been submitted by the applicant.

Conclusions:

The principles for development for any intensification of this site should be approved by Council to define the City's position at the OMB pre-hearing conference in April. Further, it is the submission of this report that the scheduling of a hearing is premature until the applicant has perfected their various applications and the City has been afforded an appropriate period of time to carry out adequate community consultation and inter-departmental review prior to a statutory public meeting.

In the interim, since pre-Hearing proceedings have been commenced at the Ontario Municipal Board, it is appropriate that staff be authorized to seek a mediated settlement with the applicant working within the parameters of development described in the Principles of Development summarized in Appendix "1" and report back to Council with any settlement position which can be achieved through negotiation.

Community consultation on the applications should be continued, leading to a statutory public meeting when staff are in a position to prepare a final report.

Contact Name:

Karen Whitney, Planner

North York Civic Centre

Telephone: (416) 395-7109

Fax: (416) 395-7155

______________________________

Rob Dolan

Acting Director, Community Planning, North District

UDOZ9519.REPAppendix "1"Principles of Development

UDOZ-95-19 & UDSB-1224 - Greatwise Developments Corporation

Development of the lands at 305-308 Poyntz Avenue and 314-317 & 325 Bogert Avenue be evaluated further on the basis of the following Principles of Development:

Land Use

a)There should be a full replacement of the existing 416 rental apartments with units of similar types, size and level of affordability in accordance with City policy. Regard should be had to the particular considerations which describe the rental housing needs of the existing residents described in Appendix "4" to this report.

b)The final design for development should satisfy the criteria of the Official Plan Part C.4 Housing Policies, Section 5: Criteria to Guide Redesignation of Residential Lands to Higher Density and Section 4.2: General Development Criteria more particularly described on the attached Appendix "3".

c)Intensification should be coordinated to achieve the following:

(i). Buildings fronting onto Sheppard should relate to the built form considerations of the Sheppard Avenue Commercial Area as described in Part D.4 of the Official Plan for the pedestrian scale and step back to greater heights in accordance with criteria (o).

(ii). Redevelopment should be sensitive to the physical character of adjacent existing low density neighbourhood, with the provision of an adequate transition area to the existing single family houses to the south and east.

d)There should be no adverse impact on existing community services, transportation facilities and municipal services in the area.

e)Lands below the crest of the valley slope should be conveyed to the Toronto and Region Conservation Authority but not accepted for the purposes of satisfying parkland dedication requirements.

f)A minimum of 1.5 m² of private indoor recreational space per residential dwelling unit, and a minimum of 1.5 m² of private outdoor recreational space per residential dwelling unit should be provided for the new development.

Site Organization

g)If it forms part of the final design for development, the community centre and/or dedicated public parkland should be located in a manner that enhances its public prominence.

h)Buildings, above and below grade, should have an 10 metre setback from crest of the valley slope and location of the crest to be determined to the satisfaction of the City and the Toronto and Region Conservation Authority.

i)Public access to the valley lands should be provided through the site and from Sheppard Avenue.

j)A public promenade with views of the valley should be built adjacent to the top of the slope with connections to Poyntz, Bogert and Sheppard Avenues and the Don Valley trail system. Poyntz and Bogert Avenues should continue through the site providing both visual and physical access to the valley lands.

k)Existing trees on the site should be, where possible, preserved and incorporated into the street and open space design.

Built Form

l)New buildings facing Easton Avenue will respect the setbacks, height and landscape character of the existing houses on the east side.

m)New buildings along the south property line will respect the setbacks, height and landscape of the existing houses south of the site.

n)Buildings should be located and organized to define and support public streets and open spaces and all buildings will front onto an existing or proposed public street.

o)The first building site after crossing the bridge along Sheppard Avenue from the west is a significant landmark site. The building massing and landscape at this site should celebrate this important transition point where Sheppard Avenue crosses the Don River.

p)The streetscape treatment of the new streets should provide pedestrian amenity and should extend the character of the existing local streets in order to integrate the site with the neighbourhood.

q)Service access and parking ramps should be organized in a manner that minimizes their impact on streets and open spaces. Parking should be provided at the rear of buildings or in underground garages.

r)Buildings on new blocks should be massed in a manner that defines the adjacent streets and open spaces with an appropriate scale and to provide good pedestrian comfort.

s)Building heights and massing should minimize excessive shadowing, wind or snow drifting effects within the block, along the streets and within open space areas, in keeping with the Pedestrian Comfort Guidelines in the Official Plan. The wind conditions in outdoor areas of this development should be compatible with outdoor activity. This should be determined by a wind study, which should be required for this development, as outlined in the Pedestrian Comfort Guidelines in the Official Plan.

t)The tallest buildings should be located adjacent to the largest open spaces, being Sheppard Avenue West and the valley.

Transportation Issues

u)A transportation study should be provided to address the traffic impact associated with the development on the existing local and arterial road network.

v)A parking assessment should be undertaken to address issues relating to parking supply, surface and structure parking layout, ramp grades and other maters.

w)Public roads should be secured through the plan of subdivision process. A new north-south public road west of Easton Avenue should be provided, with connections to the proposed Poyntz and Bogert Avenue extensions to provide an additional access opportunity to the site.

Density Consideration:

x)The final determination of an appropriate distribution of density on the site should be dependent upon a final consideration of the feasibility of development and the site organization, built form and transportation considerations described above and detailed further in the urban design criteria of Part C.4 of the Official Plan.

Community Consultation:

y)Upon finalization of revised plans, massing, design details and transportation impacts should be discussed in a public forum as part of a program of community consultation.

Tenant Issues:

z)The applicant should submit an acceptable rehousing strategy consistent with the replacement of the 416 rental apartment units.

Appendix "2A"Comparison Between Original and Revised Proposals

UDOZ-95-19 & UDSB-1224 - Greatwise Developments Corporation

Appendix "2B"Comparison Between Existing Uses and Revised Proposal

UDOZ-95-19 & UDSB-1224 - Greatwise Developments Corporation

Appendix "3" Extracts from North York Official Plan

Part A (The Concept Plan), North York Official Plan

"Policies to Guide the Identification of Additional Reurbanization Areas

By identifying 'Potential Reurbanization Areas' on Map A-2, Council intends to focus intensification initiatives to these areas rather than areas not identified for reurbanization. However, Council recognizes that Map A-2, "Potential Reurbanization Areas" may be modified from time to time to:

a)identify additional opportunities for housing and employment;

b)direct development away from stable residential neighbourhoods; or

c)revitalize residential neighbourhoods or employment areas.

To assist Council in determining where and under what conditions additional reurbanization areas are to be identified, the following policies shall apply:

1)further amendments to Map A-2 - Potential Reurbanization Areas shall generally be in accordance with the "Urban Structure Principles" contained in this section of the Plan;

2)adjacent land uses, in particular, 'stable residential neighbourhoods', shall be appropriately protected from adverse effects of redevelopment.

3)potential reurbanization areas or individual locations for reurbanization may be added to Map A-2 when one or more of the following conditions apply;

a)the location has the potential to accommodate housing or employment uses which have not been foreseen or which cannot be accommodated elsewhere;

b)the area, which includes lands beyond a single development site, demonstrates a need for rejuvenation and reinvestment, or existing land uses or buildings are considered to be obsolete;

c)physical infrastructure, community services and high-frequency transit service is available or can be provided without undue expense to the City; or

d)where land use conflict is occurring."

Excepts from Part C.4 (Housing), North York Official Plan

"2.4.3Range of Housing Costs

It is Council's intent to promote opportunities for a range of housing that is affordable and appropriate to the full range of households in North York and the broader housing market.

For the purposes of this Plan, Affordable Housing means housing which is 'Affordable Housing' as defined in the provincial Land Use Planning for Housing Policy Statement and which includes the following:

i)housing which would have a market price or rent that would be affordable to households of low and moderate income;

ii)units which are intrinsically affordable because of their size (as set out in the Zoning By-law); and

iii)government assisted housing.

1)Affordable Housing

It is the intent of Council to encourage the provision of an adequate supply of affordable housing to meet the needs of the City's present and future residents. To achieve this objective, Council shall:

a)provide opportunities for at least 25% of new dwelling units in all multiple unit residential buildings containing 20 or more units to be "Affordable Housing".

For the purposes of this plan, "Affordable Housing" means accommodation which is affordable to households with incomes in the 1 to 60 percentiles of the income distribution for the GTA Housing Market Area; "

"Section 5.0CRITERIA TO GUIDE REDESIGNATION OF RESIDENTIAL LANDS TO HIGHER DENSITY

Council recognizes that, with little or no vacant land available for new development, it may be necessary to consider the intensification of existing, under-utilized, multiple residential lands or the conversion of lower density residential land uses to a higher density.

Council may consider amendments to redesignate lands to a higher density when, in Council's opinion, such redevelopment proposals will assist in revitalizing residential neighbourhoods or serve to enhance the viability of neighbourhoods. A redesignation may be appropriate when the location represents an opportunity to create additional housing or a mix of housing to take advantage of physical infrastructure, community services and facilities, transportation facilities and to meet the housing needs of residents without undue expense to the City and when one of the following conditions apply:

a)the area, which includes lands beyond a single development site, demonstrates a need for rejuvenation and reinvestment; or

b)existing land uses or buildings are considered to be obsolete or underutilized; or

c)land use conflict is occurring.

Council may permit such redesignation, provided the form and scale of the development proposed is in accordance with the policies of the relevant land use category.

When considering official plan amendment applications on lands currently designated residential, where an increase in density is proposed, Council shall have regard for the following policies in addition to the General Development Criteria of Section 4.2:

1)The adequacy of existing or planned community facilities and services including, but not limited to, schools, libraries, community recreational facilities and parks to accommodate the existing residents and the increase in the population resulting from the proposal.

2)The capacity of existing or planned transportation facilities and roads to accommodate the proposed change.

3)The ability of the existing or planned public infrastructure, services and facilities to accommodate the proposed change.

4)The location of the site in terms of its proximity to public transit and its access to arterial roads.

5)The ability to improve the mix of housing types, forms and costs in order to encourage well balanced communities as more fully detailed in Part C.4, Section 2.4 of this Plan.

6)Council shall have regard for the proximity of the site to existing clusters of high density residential and mixed use development. Council may discourage the redesignation of lands within areas that have a concentration of high density residential development.

7)The suitability of the site in terms of its size, shape and configuration to accommodate the proposed development, and related on-site parking and servicing facilities including loading, garbage and recycling areas.

8)On lands now developed with residential use where intensification of the site is proposed, the ability of the proposed redevelopment to result in a net benefit to residents in terms of on-site facilities and improvements to amenities. Council may secure the net benefit(s) through various techniques such as an agreement pursuant to Section 37 of the Planning Act. Council may require the provision of on-site amenities to supplement municipal services.

9)The suitability of the size and configuration of an assembly of land proposed for redevelopment such that it does not impede the ability of the remnant lands to develop in a manner consistent with the provisions of this Plan.

10)The proposal does not destabilize adjacent stable residential lands.

4.2GENERAL DEVELOPMENT CRITERIA

Council recognizes that where it is desirable and appropriate to permit limited intensification, such development proposals must be subject to development criteria designed to ensure the continued stability of neighbourhoods and the regeneration of the residential neighbourhood. Accordingly, when reviewing residential and mixed use development proposals the following criteria shall apply:

4.2.1Development within Stable Residential Neighbourhoods

Development of new housing within stable residential neighbourhoods shall maintain appropriate land use performance standards, maintain or create compatible built form relationships, and shall be designed such that the scale, built form and massing of new development is sensitive to the physical character of the surrounding neighbourhood.

Council will, from time to time, review the land use performance standards in the Zoning By-law to meet the objectives of this plan.

4.2.2Compatibility with Adjacent Residential Neighbourhoods

1)New multiple residential development that is adjacent to existing low density residential neighbourhoods shall be designed in such a manner that the scale, built form and massing of the proposed development is sensitive to the physical character of the adjacent neighbourhood. In this regard:

a)an appropriate transition in height shall be required;

b)the height, scale and built form of new multiple residential development shall not create a significant adverse impact in terms of overview, shadowing, loss of privacy or loss of significant views of neighbouring residential uses; and

c)adequate measures such as, but not limited to, berms or other landscaping measures, shall be incorporated into the design of the proposed development to buffer low density residential development from the impact of higher density residential use and to minimize the impacts on adjacent residential development due to parking areas, lighting facilities, on-site servicing facilities, particularly garbage and recycling facilities, ventilation fans and other noise sources.

2)Council may restrict or prohibit non-residential uses and high density residential and mixed use development from gaining primary access from local streets.

3)When considering applications for redevelopment within residential neighbourhoods, Council shall consider the impact of the proposed development upon the pattern and function of the existing residential streets."

Appendix "4" Protection of Rental Housing Considerations for This Site

UDOZ-95-19 & UDSB-1224 - Greatwise Developments Corporation

Policies Related to the Retention of Rental Housing:

Rental housing is a significant part of the City's housing market constituting half of all housing units. Rental demand is currently very strong as reflected in the 0.9% vacancy rate. This demand will likely remain strong as there is little new supply of rental apartment units. In addition, the number of condominium units available for rental is declining. Between 1997 and 1998, the number of condo units available for rent in the City decreased by more than 5%. More importantly, the need for rental housing is strongest for those households with low to moderate incomes and tenants at the lowest incomes are least able to cope in a constrained housing market.

Official Plan policy statements intended to preserve the rental housing stock were adopted by the majority of the former municipalities that comprise the City of Toronto, including the City of North York. In attempting to preserve rental housing, these policies recognize the importance of maintaining a balanced mix between the rental and freehold forms of tenure.

Policies of the City of North York:

The City of North York Official Plan contains policies in Part C.4, Housing, which promote the preservation, maintenance and upgrading of viable housing and in particular call for the retention of rental housing. The policies affecting this application are:

Section 2.6.1 - Tenure

Council recognizes rental accommodation as an essential type of housing tenure for a large portion of North York residents. Council also recognizes the importance of freehold tenure. It is the policy of Council to encourage a well-balanced mix of both of these forms of tenure.

Section 2.6.3 - Retention of Rental Housing

Rental accommodation is recognized by Council as an essential form of housing tenure for many residents of North York. Council encourages the retention of existing rental housing, particularly market affordable rental housing. In this regard, it is the intent of Council to:

1) discourage the demolition or renovation of housing which would reduce the number of dwelling units available; and

2)apply the requirements of the Rental Housing Protection Act, 1989, (RHPA) Council's condominium conversion policy set out above, and other applicable legislation in considering applications to demolish, convert, renovate or sever rental property or part, thereof.

Section 2.6.4 - Replacement of Housing

When considering applications which have the effect of removing existing multiple residential housing from the market, Council shall require where appropriate, that at least the same number of units be replaced through the redevelopment project and, where possible, that the units are made available at the same level of affordability.

Policies of the Former Municipality of Metropolitan Toronto

Policy No. 125 of the Metropolitan Toronto Official Plan states that it is the policy of Council to encourage investment in new private rental housing and the preservation and maintenance of existing rental housing to the support provincial and federal policies in this regard.

Current Policies of the Amalgamated City of Toronto:

At its meeting held on March 2, 3 and 5, 1999, City Council approved new Official Plan policies respecting the conversion and demolition of rental housing. These new policies resulted largely in response to the coming into force in June 1998 of the Tenant Protection Act (TPA). The TPA repealed the RHPA which enabled the former municipalities to regulate the conversion and demolition of rental housing. The TPA does not require municipalities to consider proposed changes to rental properties. However, municipalities can apply Official Plan policies and procedures to restrict the loss of rental units.

The policies related to the demolition of rental housing adopted by Council are:

It is the policy of Council:

135.4to seek the retention of rented residential units, except where the whole or part of a building which contains such units is in the opinion of the Chief Building Official structurally unsound, and to consider, where appropriate, acquiring or leasing a property where such units are at risk of being demolished.

135.5(a) when considering redevelopment applications involving the demolition of rented residential units, to seek the replacement of the demolished rental units with rental units of a similar number, type, size, and level of affordability in the new development, and/or alternative arrangements, which in the opinion of Council are consistent with the intent of this policy; and

(b) when considering such applications in the context of an increase in height and/or density, to secure such replacement units and/or alternative arrangements through an appropriate legal agreement under Section 37 of the Planning Act.

Through this policy, it is the goal of Council to maximize the retention of as many rented residential units as possible in the City. The difficulty in achieving this goal is acknowledged. For example, the policy accepts that a building may be determined to be structurally unsound and consequently unfit for habitation. The policy also recognizes that under some circumstances the retention of the existing rental units may not be possible and that alternative arrangements may need to be considered provided they are consistent with the intent of this policy.

Where rented residential units are proposed to be demolished, Council intends through the application of this policy to achieve the replacement of all these units. As a first order of priority, the same number of rented residential units should be redeveloped on site, where possible. Replacement of the rental housing will ensure that the residents of the community have access to a range of housing opportunities in their local neighbourhood which currently has a healthy mix of housing.

In other instances, smaller lot sizes may not permit the construction of both new ownership units and replacement rental units while ensuring that the density and height of any new buildings are consistent with other design objectives in the Plan for the surrounding community. Proposals to demolish rental housing units accompanied by applications to increase the density on the site, as is the case with this application, will need to be evaluated on their own merits against the policies in the Official Plan. However, all options must result in the replacement of the rental units if the goal of this policy is to be attained.

Preliminary Assessment of the Housing and Community Impacts of the Proposal:

The recently approved policies of the City of Toronto contain four requirements for the replacement of rental units as proposed by this application. The new rental units must be of a similar number, type, size and level of affordability.

Number of Units

The proposed redevelopment site contains 416 rental apartments units including 8 single detached homes. The application proposes 140 new rental apartment units and 130 seniors apartment units. No explanation is given as to the need for the seniors accommodation nor how these units might be secured for this purpose.

Type and Size of Units

The proposed redevelopment site contains 416 rental apartment units and 8 single-detached homes. The rental units have the following distribution of unit types

Approximately 3 out of 5 units are 2+ bedroom units suitable for families with children. Information is not available on the current rents.

As part of the redevelopment, it is proposed to demolish these units and replace them with 140 new rental units and 130 seniors rental housing units in two separate apartment buildings on site. The redevelopment, as proposed, will result in a net loss of 204, primarily family, rental units.

Information from the 1996 Census indicates that the current housing on site predominantly houses young families with children who have low-to-moderate incomes:

almost 3 out of 4 households are family households;

4 out of 5 families have children;

1 out of 4 families are led by a single-parent;

more than half of all families have 2 or more children;

the age profile is predominantly young adult (25-44 years) and young child (0-14 yrs);

the building's population is diverse with 1 in 3 persons being a member of a visible minority group;

average incomes are lower than those for the North York community; and

almost 3 out of 5 tenants have rent-to-income ratios which exceed 30%.

The proposed development will create a net loss of rental housing units especially for young families with lower incomes. This application reflects the market's response to the opportunities provided through the Tenant Protection Act and it is anticipated that there will be other applications similar to this which will include the demolition of rental housing. Over time, families, like those living in the community affected by this application, will face increasing difficulty in locating suitable rental accommodation. A goal of no net loss of rental housing is meant to ensure that families can access housing they can afford within their existing neighbourhoods without having to move to smaller, less appropriate accommodation.

Level of Affordability

The policy calls for a similar level of affordability. This entails establishing rents for the new rental units which are comparable to current rents of the existing units. The applicant will need to verify the current rents being charge against the various types of units.

Tenant Relocation/Rehousing Requirements:

The application does not specify the steps which will be taken to assist the current tenants in relocating or finding alternative housing as a result of the proposed development. Proposals for rehousing the tenants should be developed by the proponent which establish requirements for the following:

- tenant consultation;

- financial assistance with moving expenses;

- assistance in finding equivalent accommodation at similar rents; and

- right-of-first refusal for the new rental units.

These requirements would be an important step in mitigating the impact of the proposed development on the current tenants.