May 11, 1999

To:North York Community Council

From:Rob Dolan

Acting Director, Community Planning, North District

Subject:PRELIMINARY EVALUATION REPORT

OFFICIAL PLAN AMENDMENT APPLICATION

Kenneth-Sheppard Limited

160 Greenfield Ave. 150 Maplehurst Ave., 120 Sheppard Ave. E.

UDOP-99-05

WARD 10 - NORTH YORK CENTRE

Purpose:

This is a preliminary evaluation of an application to amend the Official Plan to permit a new development on the lands comprised of 160 Greenfield Avenue, 150 Maplehurst Avenue and 120 Sheppard Avenue East. There are three low-rise rental apartments existing on the property, consequently this proposal is subject to applicable City policy for conversion and demolition of rental housing.

This application seeks to retain the Official Plan designation of the previous D.2 Downtown Plan with an increase in the density and height as well as replace the existing site specific policies in the Official Plan with new policies that would guide future redevelopment of the site.

Recommendations:

It is recommended that:

1. 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 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 assessment; and

(e) a wind, sunlight and shadowing 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:

Proposal:

An application has been received on behalf of the owners of 160 Greenfield Avenue, 150 Maplehurst Avenue and 120 Sheppard Avenue East to amend site specific policy 3.14.1 of the D.2 Downtown Plan. The site specific policy applies to all those lands shown on Schedule "A". The applicant is seeking to replace the existing site specific policy with a new policy that includes an increase in the density and building height, an exemption from the urban design and street related policies of the Official Plan, and new policies dealing with demolition of the existing rental buildings, traffic access, open space linkages and building relationship and site layout. The application further indicates that the three existing residential buildings which contain 123 rental units and a gross floor area of 9,920 square metres are to be demolished and replaced with new development comprising 31,500 square metres of gross floor area. There is no indication of the proposed use.

The following chart is a comparison of the existing development, the proposed official plan amendment, and the existing site specific policy for the site at 160 Greenfield Avenue, 150 Maplehurst Avenue and 120 Sheppard Avenue East.

The applicant has appealed policies contained in OPA 447 pertaining to land use, density, height, parks and open space, built form, and vehicular access (see Schedule "D"). The applicant's proposed official plan amendment for this site is intended to deal with their appeal of OPA 447 and establish development parameters for these lands.

Official Plan:

The applicant's lands are within the Downtown of the North York Centre and are subject to Official Plan Amendment No. 447 (North York Centre Secondary Plan). The lands at 120 Sheppard Avenue East are designated Downtown Mixed Use-3 (DMU-3) permitting commercial, residential, institutional and recreational uses. The lands at 160 Greenfield Avenue and 150 Maplehurst Avenue are designated Downtown Residential-1 (DR-1) permitting residential, institutional and recreational uses. Prior to the approval of OPA 447, all the lands were designated Mixed Use (MU) under the D.2 Downtown Plan permitting a mix of commercial, residential, institutional and recreational uses. The applicant proposes to maintain the Mixed Use designation.

Under the previous D.2 Downtown Plan, the lands were subject to site specific policy 3.14.1 (see Schedule "F"). This has been incorporated into OPA 447 as site specific policy 12.1 (see Schedule "F"). The site specific policy sets out a density limit of 2.5 FSI for the lands on both sides of Kenneth Avenue shown on Schedule "A" and further restricts the lands east of Kenneth Avenue to a density limit of 1.8 FSI.

Zoning:

The site at 120 Sheppard Avenue East is zoned RM6 (Multiple-Family Dwellings Sixth Density Zone) and is subject to site specific By-law 28182, which was amended by By-laws 29398, 30186 and 30208 which limit this site to an apartment building, parking facilities and private recreational facilities. This was enacted prior to the adoption of the Downtown Plan and prior to the introduction of the Rental Housing Protection Act in 1986. The maximum permitted gross floor area for the building is 5,945.6 m² and the maximum permitted height is 7 storeys. By-law 28182 was enacted in 1981, however redevelopment has not occurred.

The 150 Maplehurst and 160 Greenfield sites are zoned RM5 (Multiple-Family Dwellings Fifth Density Zone) and are also subject to By-law 28182 which recognizes the existing buildings in the zoning by-law.

The existing buildings on both sides of Kenneth Avenue and the development potential represented by By-law 28182 consume all of the density presently permitted under the Official Plan site specific policy.

Discussion:

The following initial planning considerations have been identified.

(1)Planning Rationale:

The applicant is proposing a site specific official plan amendment which would take precedence over policies in the North York Official Plan and the North York Centre Secondary Plan. The existing approved policies provide planning direction relevant to this application including: preservation of affordable housing, conversion and demolition of rental housing, permitted uses, density of development, building heights, parks and open space, urban design and built form. Density limits within the North York Secondary Plan are based upon a transportation network analysis of the entire Centre. 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.

(2)Rezoning Application:

While not required, it has been standard practice that rezoning applications 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.

In this case, a rezoning application has not been submitted and it does not appear to be 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 the proposed uses and increases in density and height 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 zoning 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. In addition to these general requirements, there are additional requirements that arise due to the location of this site within the North York Centre. A traffic impact assessment, which includes a traffic certification, and studies that deal with the issues of wind, sunlight and shadowing, are minimum requirements.

(3)Retention of Rental Housing:

This application must meet applicable City policy respecting conversion to condominium and demolition of rental housing. The prime city objective as it applies to rental housing, is to preserve and maintain the supply of residential buildings, particularly the existing rental housing stock, and encourage new rental housing 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 who are least able to cope in a constrained housing market.

North York Official Plan policies intend to protect rental housing. These policies along with new City of Toronto policies, reproduced in 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 the rental housing stock and accommodate existing residents of 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 policy proposed by the applicant (Schedule "C") states that prior to demolition of any existing rental building on the lands, reasonable efforts will be made with respect to the relocation of 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 the expiration of their leases. Some limited compensation is also available. (TPA: Part III, s. 53, 55,57)

(4)Land Use Designation/Permitted Uses:

The applicant has drafted their proposed Official Plan amendment on the basis of the D.2 Downtown Plan. This Plan has now been superseded by OPA 447 (North York Centre Secondary Plan) which was adopted by Council on September 17, 1997 and approved by the Ministry of Municipal Affairs and Housing on December 8, 1998. OPA 447 as approved by the Ministry is in force except for those policies that have been appealed. The applicant has appealed several policies of OPA 447 as they relate to their site.

The applicant is proposing a Mixed Use designation for the lands on the east and west sides of Kenneth Avenue. OPA 447 designates the lands fronting Sheppard Avenue as Downtown Mixed Use-3 (permitting commercial and residential uses) while the remaining lands are designated Downtown Residential-1 (permitting residential uses but not commercial uses). The site specific policy proposed by the applicant does not indicate the proposed use for these lands.

(5)Density:

The applicant proposes to increase the maximum density permitted under the site specific official plan policy for the overall lands on either side of Kenneth Avenue and to increase the density from 1.8 FSI to a density of 2.5 FSI for the subject site. This would permit a redevelopment of the site with greater floor space than is currently permitted. It will be necessary to consult with the landowners of all of the sites that are covered by the existing site specific policy regarding the proposed amendments. The appropriateness of the proposed density increases will form part of the planning review.

(6)Height:

Currently on the site are three 3 storey residential buildings. OPA 447 permits a maximum height of 3 storeys or 11 metres for this site. The applicant has appealed the OPA 447 height limits and is proposing a policy for determining a maximum height that would result in development exceeding the present controls. These lands are all within 75 metres of the residential lots in the stable residential area. The appropriateness of the height increase will form part of the planning review.

(7)Parks and Open Space:

On the west part of the site is the Wilket Creek open space system. This portion of the open space system is owned by the applicant but has traditionally functioned as publicly accessible open space. The applicant is proposing to provide continued public access to this open space system in-lieu-of any additional parkland dedication. The issue of access and parkland dedication will be the subject of further discussion with the applicant.

(8)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. This is a requirement of the Official Plan for rezoning applications involving more than 5,000 square metres of floor space.

The applicant proposes that traffic access to the site be via Sheppard Avenue East, Greenfield Avenue and Maplehurst Avenue and that traffic certifications may reflect this access. Section 8.10 of OPA 447 includes a policy that vehicular traffic generated by development in the North York Centre is to be discouraged from using local streets within the stable residential area. Greenfield and Maplehurst Avenues are local streets in the stable residential area, but currently provide access to the existing development at 160 Greenfield Avenue and 150 Maplehurst Avenue. The matter of traffic access will be reviewed with Transportation staff.

(9)Urban Design:

The applicant proposes to be exempted from the urban design and street related policies of the Official Plan. Grounds for these considerations need to be addressed through the applicant's planning rationale. 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 including the Wilket Creek open space system provides for adequate light, view, privacy and open space. Conceptual landscape plans are required to assist in addressing these matters and to evaluate the relationship and any linkages to the adjacent open space system.

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:

Nimrod Salamon, Senior Planner

North York Civic Centre

Telephone: (416) 395-7134

Fax: (416) 395-7155

Rob Dolan

Acting Director

Community Planning, North District

Schedules:

A. Official Plan map

B. Zoning Map

C. Draft Official Plan Amendment.

D. Letter of Appeal concerning OPA 447, by Aird & Berlis

E. Housing Policies related to the Retention of Rental Housing

F.Site Specific Policy

ns\reports\oz9905.rp1

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.

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 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 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.

SCHEDULE "F"

Site Specific Policy 12.1 of OPA 447

12.1Lands on the north side of Sheppard Avenue East, both east and west of Kenneth Avenue, being Lots 1 to 10 inclusive on Registered Plan 4433

The average Floor Space Index for the lands shall not exceed 2.5 over the entire site, but the maximum Floor Space Index of that part of the site east of Kenneth Avenue shall not exceed Floor Space Index = 1.8. Further the maximum gross floor area devoted to commercial uses east of Kenneth Avenue shall not exceed 13,935 square metres.

Site Specific Policy 3.14.1 of D.2 Downtown Plan

3.14.1Lands on the north side of Sheppard Avenue East, both east and west of Kenneth Avenue, being Lots 1 to 10 inclusive on Registered Plan 4433

Notwithstanding the Mixed Use designation at a maximum Floor Space Index of 2.5 applied to these lands, the average Floor Space Index for the lands shall not exceed 2.5 over the entire site, but the maximum Floor Space Index of that part of the site east of Kenneth Avenue shall not exceed Floor Space Index = 1.8. Further the maximum gross floor area devoted to commercial uses east of Kenneth Avenue shall not exceed 13,935 square metres.