April 15, 1999

Urban Planning and Development Services

To:North York Community Council

From:Rob Dolan

Acting Director, Community Planning, North District

Subject:PRELIMINARY EVALUATION REPORT

OFFICIAL PLAN AMENDMENT APPLICATION

Aird & Berlis - Jane Pepino

2-10 Wingreen Court

UDOP-99-07

Ward 11 - Don Parkway

Purpose:

This is a preliminary evaluation of an application to amend the Official Plan to permit intensified residential redevelopment. There are 3 low-rise rental apartments existing on the property and so this proposal is subject to applicable City policy for conversion and demolition of rental housing.

Recommendations:

It is recommended:

(1)That the applicant be advised that the following are required prior to a Final Report:

(a)a clear planning rationale for the proposal as discussed in Section 1(a) of this report;

(b)an acceptable re-housing strategy which addresses replacement rental housing and the accommodation of existing tenants;

(c)all submission requirements for official plan amendments and rezonings, as described in the City's common application form;

(d)an appropriate traffic impact analysis.

(2)Once the conditions set out in Recommendation (1) have been met, that:

(a)staff, in consultation with the local Councillors, schedule a community consultation meeting with the tenants and with the residents;

(b)staff prepare a Final Report evaluating the proposal and provide Notice of the statutory public meeting at the appropriate time.

Background:

The applicant is seeking exemption from the provisions of the North York Official Plan to redevelop the lands for residential housing types as currently permitted in the RD3 designation (apartments, townhouses and multiple attached units) at an increased density.

The principles for redevelopment of the lands which the applicant is proposing include:

• redevelopment in one or more phases
• maximum average Floor Space Index (FSI) of 2.0
• higher density (6 storey apartment building) to be located along the Don Mills Road frontage with lower density (4 storey townhouses) along The Donway East
• maximum 1.6 FSI and maximum height of 15 metres at the easterly portion of the site

A draft concept plan has been provided to illustrate how the property could be developed (Schedule C), however, an application for amendment to the zoning by-law has not been submitted at this time.

Official Plan:

The lands are designated Residential Density Three (RD-3) (Schedule A) and located within the Central Don Mills Secondary Plan (Part D.7) area of the official plan which permits low rise housing (apartments, townhouses and multiple attached units) at a density of up to 40 units per acre (UPA). This application is for a density of 82 UPA and 2.0 FSI. The surrounding lands in the area are designated RD3 and RD4 and developed with a mixture of townhouses and apartment buildings that range from approximately 30 UPA to 54 UPA.

The following chart is a comparison of the existing development, the proposed development concept and the official plan requirements:

Zoning:

The site is zoned Multiple-Family Dwellings Fifth Density Zone (RM5) which permits a broad range of multiple attached units and apartment buildings (Schedule B).

Discussion

(1)Issues:

(a)Planning Rationale:

The applicant is proposing a site specific official plan amendment which would take precedence over the provisions of the North York Official Plan Housing policies and the Central Don Mills Secondary Plan to permit this proposal. These policies provide planning direction relevant to this application including: preservation of affordable housing, conversion and demolition of rental housing; density of development; conservation of rental housing stock in Central Don Mills; preferred housing mix; and, criteria for evaluating intensification in neighbourhoods. A clear planning rationale is required to justify this proposal and more specifically outline those reasons why the proposal should not satisfy the relevant Official Plan and the Secondary Plan policies. To adequately evaluate this application such a rationale is required.

(b)Rezoning Application:

While not required, rezoning applications normally accompany site specific official plan amendment applications. This enables the applicant to secure both official plan and rezoning approvals concurrently and affords the City and neighbouring residents more certainty about the details of the final development. This is particularly important with residential infill development.

In this case, a rezoning application has not been submitted and it is not the applicant's intention to submit an application at this time. Concurrent processing of a zoning by-law amendment would provide the residents with a clear understanding of how increases in density would impact the adjacent lands specifically as it relates to traffic, built form and other relevant development. Also, concurrent processing would avoid a multiplicity of applications., duplicated processing and proceedings, which are not in the public interest.

Failing submission of the by-law amendment application, staff will require additional detailed information to assist in evaluating and commenting upon this official plan amendment application. At a minimum, site plans and elevation drawings showing all information specified in the submission requirements of the application form, including the proposed phasing of development will be required. In addition to those plans, conceptual landscape plans will also be required. These are necessary to adequately address the proposal.

(c)Retaining Rental Housing

This application must meet applicable City policy respecting conversion to condominium and demolition of rental housing. The City's prime 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 households with low to moderate incomes and tenants at the lowest incomes who are least able to cope in a constrained housing market.

North York Official Plan policies intend that rental housing be protected. These policies, including the Housing policies and policies of the Central Don Mills Secondary Plan (attached as Schedule "E") recognize the importance of maintaining a balanced mix between the rental and freehold forms of tenure. The planning review should consider this proposal in light of all applicable City policies to preserve our rental housing stock and accommodate existing residents of the rental buildings.

The application needs to be supported by an acceptable re-housing strategy which speaks to the opportunities to provide replacement rental housing units and which clearly sets out the strategies and options to accommodate the existing tenants.

The site specific official plan amendment proposed by the applicant (Schedule D), proposes that prior to demolition of any existing rental building on the lands reasonable efforts will be made to conform to the new Tenant Protection Act respecting the existing residential tenants. Reasons for not complying with the official plan policies on the demolition of existing rental housing have not been provided. Staff note that where a rental building is to be demolished or converted, the provisions of the Tenant Protection Act require only 120 days notice be provided to tenants, or expiration of their leases. Some limited compensation is also available. (TPA:Part III, s. 53, 55, 57)

(d)Density:

There is a higher number of units per acre proposed for this site than are permitted in the Official Plan and presently exist on other properties in the vicinity, which range from approximately 30 to 54 UPA. The appropriateness of this residential intensification will form part of the planning review.

(2)Transportation and Access:

A traffic analysis is necessary to evaluate the suitability of the surrounding local road network to accommodate the anticipated traffic that will be generated by the proposal. Staff will provide the applicant with appropriate terms of reference for their analysis.

(3)Urban Design:

Once detailed plans are received, the proposal will be reviewed to ensure the building organization, setbacks and massing are appropriate with the surrounding development and applicable official plan policy, and that spacing between buildings on the site and adjacent properties provides for adequate light, view, privacy and open space. Conceptual landscape plans are required to assist in addressing these matters as well as to evaluate the need for a mid-block pedestrian connection from Wingreen Court to Don Mills Road.

Conclusions:

It is premature to report further on this proposal until the requested additional information is provided.

The concurrent processing of both official plan and zoning by-law amendment applications would more appropriately ensure all important planning issues are addressed with the submission of a detailed proposal. Undertaking such a detailed review would ensure that area residents and existing tenants have an opportunity to fully assess the impacts of any redevelopment of this site. Staff are prepared to work with the applicant in the resolution of these matters. Community consultation will be coordinated with the local Councillors prior to any further reporting on this proposal. City policy for conversion and demolition of rental housing is an important consideration. All preliminary planning considerations and issues identified in this report will be assessed in the Final Report.

Contact Name:

Mavis Urquhart

North York Civic Centre

Telephone: (416) 395-7107

Fax: (416) 396-7155

E-mail: murquhar@toronto.ca

Rob Dolan

Acting Director, Community Planning, North District

Schedules

A.Official Plan designations

B.Zoning

C.Concept Plan

D.Draft Official Plan Amendment

E.Housing Policies for Retention of Rental Housing

MU

Schedule E

Housing Policies Related to the Retention of Rental Housing

Policies of the City of North York Official Plan

Part C.4 - Housing

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 include:

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.

Part D.7 - Central Don Mills Secondary Plan

City of North York Official Plan contains policies in the Central Don Mills Secondary Plan, which promote conservation, protection and development of rental units including:

1.2.7Rental Housing - Introduction

Since development of Don Mills, a significant number of rental housing units have been eliminated. This policy states that the rental housing stock in Central Don Mills was, and continues to be a housing resource that should be conserved if the concept of a balanced housing mix is to be achieved.

2.1.0General Goal and Specific Objectives

Two of the specific objectives of the Central Don Mills Secondary Plan are:

h)to maintain a full range of housing forms and tenure; and,

i)to preserve and, where possible, enhance the rental housing stock.

3.1.3Rental Housing - Residential Areas

This policy states that it is a policy of Council that permitted rental housing in Central Don Mills will be maintained and improved where possible and that the development of additional rental units in appropriate locations be encouraged.

Development proposals which include the demolition of existing rental units may only be approved if they can satisfy the requirements of The Rental Housing Protection Act. Council will require that rental units lost through redevelopment or demolition be replaced in the community.

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 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 as follows:

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 neighborhood 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 it may be inferred in 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.