May 12, 1999

To:North York Community Council

From:Rob Dolan

Acting Director, Community Planning, North District

Subject:STATUS REPORT

Zoning Amendment Application

Premium Properties Limited

Yonge/Poyntz/Frizzell/Bogert

including Lansing United Church

Ward 10 - North York Centre

UDZ-97-40 & UDSP-97-222

Purpose:

The applicant, Premium Properties Ltd., is seeking to amend the zoning by-law and to receive master site plan approval to permit two 29 storey residential buildings totalling 416 units on the block bounded by Yonge Street, Poyntz Avenue, Beecroft Road and Bogert Avenue. The application also proposes to rezone the lands on the west side of Beecroft Road owned by the applicant and the lands of Lansing United Church in order to transfer unused density from these lands to the development site on the east side of Beecroft Road. In addition, the applicant has submitted a request to the City through Administrative Committee to acquire density and ownership of City owned lands. This report sets out the status of the planning considerations relating to this application.

Financial Implications:

The applicant has submitted a request to Realty Services to acquire the ownership and density of City owned lands. This is discussed further in section 4.2.1 of this report and will be reported separately through Administrative Committee.

Recommendations:

It is recommended that:

(1) Staff, in consultation with the local Councillors, schedule a further community consultation meeting when the review of all municipal density transfers has been completed by Council;

(2)following the Administrative Committee's review of the real estate matters regarding the sale of lands and the associated densities, all of which are subject to a full planning review of this zoning application, staff prepare a final report evaluating the proposal and provide notice of the statutory public meeting at the appropriate time.

Background:

1.0Proposal:

The application proposes to permit two 29 storey residential buildings with a total of 416 dwelling units as shown on Schedule "G". The proposal consists of a gross floor area of 42,179.4 m² , including general density transfers and specific exemptions and 540 parking spaces in an underground garage. The application also includes the following:

• rezone the Premium Properties land located west of Beecroft Road to transfer part of its density to the Premium development site east of Beecroft Road;
• rezone Lansing Church to transfer part of its unused density to the Premium development site east of Beecroft Road;
• acquire a strip of City owned land and its density abutting the east side of Beecroft Road;
• acquire part of the adjacent City lane and its density;
• acquire part of the density from the closed portion of Bogert Avenue (between Frizzell and Beecroft) and transfer of this density to the Premium development site east of Beecroft Road; and
• acquire part of the density from Beecroft Road (between Bogert and Poyntz) and transfer of this density to the Premium development site east of Beecroft Road. (see Schedule "D")

A statistical breakdown of the proposal is set out below.

Out of the total 42,179.42 m² of gross floor area, the City controls 8,460.44 m² (FSI 1.8).

2.0Site Context:

The subject site consists of four parcels of land: (see Schedule "D")

• a small parcel of land east of the City lane adjacent to Yonge Street;
• a large parcel of land west of the City lane to Beecroft Road which is the proposed development site;
• a parcel of land owned by Premium Properties on the west side of Beecroft Road; and
• lands west of Beecroft Road owned by Lansing United Church.

While most of the Premium development site is vacant, there are two detached houses on a portion of the site. The site is located near the southern boundary of the Downtown. To the east of the site comprising most of the Yonge Street lands is a parcel of land owned by Colonia Life Holdings Ltd. To the north of the subject site is the Nestle office building. To the south are single detached houses, Nos. 15 to 35 Poyntz Avenue. These houses are also located in the Downtown. 39 Poyntz Avenue is the first residential lot located outside the Downtown boundary along Poyntz Avenue.

3.0Planning Controls:

 3.1Official Plan

The application by Premium Properties was submitted on September 10, 1997. The Official Plan in force at the time was the D.2 Downtown Plan. On September 17, 1997, North York Council adopted Official Plan Amendment No. 447, which consolidates the Uptown and Downtown Plans into the North York Centre Secondary Plan. OPA 447 was approved by the Minister with modifications on December 8, 1998. OPA 447 redesignates the Premium lands east of Beecroft Road to Downtown Mixed Use-1 (DMU-1) and the Premium and Lansing Church lands west of Beecroft Road to Downtown Residential-1 (DR-1) (see Schedule "A-2"). Premium Properties has appealed OPA 447 as it applies to their lands.

This application is also subject to Official Plan Amendment No. 393, which amends the D.2 Downtown Plan setting out new policies for a number of lands located in the Downtown south of Sheppard Avenue. OPA 393 as approved by the OMB, includes a new site specific policy for the Premium Property lands (Section 3.14.22 see Schedule "L") setting out principles to be used in finalizing the zoning.

Legal Services has advised that the application by Premium Properties should be governed by the D.2 Downtown Plan, as amended by the OMB approval of OPA 393, since the Official Plan in effect at the time of the application governs matters of OP conformity. Below is a summary of the D.2 Plan policies, as amended, for these lands.

(a)Premium Lands east of Beecroft Road

The Premium Property lands located east of Beecroft Road are designated Mixed Use (MU) permitting commercial, residential, open space, recreational and institutional uses at a maximum density of 4.5 FSI (see Schedule "A"). The lands are also subject to site specific policy 3.14.22 which sets out the following principles to be used in finalizing the zoning on the site:

(i)land conveyance for roads is to reflect the road alignment of the Downtown Service Road. Density transfer policies of the Plan are to apply for the road conveyance.

(ii)Council may exempt the site from the urban design and street related policies due to road impacts related to the site.

(iii)policies dealing with traffic certification.

(iv)subject to certain Community Impact Criteria, the zoning on the site may be increased to the maximum density subject to the approval of a master site plan. All other Community Impact Criteria are to be met during detailed site plan review.

(b)Premium Lands west of Beecroft Road and Lansing Church Lands

The lands are designated Minor Institutional (M-INS) and subject to site specific policy 3.14.8 which permits a place of worship and ancillary uses and city parkland. This policy also permits any unused density on the site to a maximum of 3.0 FSI to be transferred to the block on the opposite side of Beecroft Road. The policy also states that a density of 4.5 FSI for the portion of Beecroft Road (owned by the City) between Poyntz and Bogert may also be transferred to the block on the east side of Beecroft Road.

The eastern part of the site is designated with a density of 4.5 FSI, and the west portion of these lands are identified as an area from which density is to be transferred (see Schedules "C" and "E").

3.2Zoning:

The Premium Properties site located between Beecroft Road and the City lane is zoned R4 (One Family Dwelling Fourth Density Zone) which generally permits detached dwellings, recreational and institutional uses. The Premium lands located east of the City lane adjacent to Yonge Street are zoned C1 (General Commercial Zone). The Premium Properties and Lansing Church lands located west of Beecroft Road are also zoned R4 (see Schedule "B").

3.3Official Plan Amendment 447

Official Plan Amendment 447 amends The D.2 Downtown Plan with respect to this site. The main changes for the Premium Properties' site relate to restrictions by permitting only non-residential commercial uses, by increasing the height limit to 100 metres and by limiting the amount of density transfers and incentives to 1/3 of the gross floor area. Premium Properties objections to OPA 447 relate primarily to the restriction on the land use which is not prescribed under the D.2 Plan.

Discussion:

4.0Planning Issues:

4.1Land Ownership:

The City owns a strip of land adjacent to the Beecroft Road right of way comprising approximately 219.5 m² from which Premium proposes to acquire 186 m² and its associated density. There is also a City lane located just west of Yonge Street that Premium proposes to acquire as part of the development site. Premium has submitted a request to Realty Services to acquire these City lands and the associated density permissions. A road closing by-law will also be required to close the City lane.

Lansing United Church lands are also part of this application. The church has agreed to sell its entire 3.0 FSI unused density as permitted by the D.2 Plan to Premium in addition to a portion of the density that is designated for 4.5 FSI. These densities would be transferred to the development site east of Beecroft Road.

Premium Properties has also included No. 31 Bogert Avenue in their application. Christopher Stoyan has advised that his mother, Petra Stoyan, is the owner of this property and has further indicated that while he does not oppose the rezoning application, the application should not proceed until the applicant has acquired this site. Staff have contacted the applicant and have requested clarification as to the matter of this land ownership.

4.2Density:

 The Official Plan assigns a density of 4.5 FSI on the Premium development site located east of Beecroft Road. Through proposed density transfers and density incentives as discussed below, this application results in an overall density of 8.5 FSI.

4.2.1Density Transfers

Site specific policy 3.14.8 of the D.2 Plan permits the following density transfers:

• any unused density up to 3 times the area of the lands bounded by Frizzell Road, Poyntz Avenue, Bogert Avenue and Beecroft Road which are designated Minor Institutional may be transferred to the opposite side of Beecroft Road.

• a density of 4.5 times the area of the Beecroft Road allowance may be transferred to the east side of Beecroft Road.

The application proposes general density transfers to the Premium development site totalling 18,086.42 m² comprised as follows:

• 7,719.78 m² of unused density from the Lansing Church lands
• 3,067.2 m² from the Premium Property lands located west of Beecroft Road
• 5,572.78 m² from Beecroft Road (City owned)
• 1561.96 m² from the closed portion of Bogert Avenue (between Frizzell Road and Beecroft Road (City owned)
• 164.7 m² from the City lane (City owned)

 The proposed density transfers must comply with the site specific Official Plan policies and the general density transfer policies of the Plan. The transfer of density from the City lane, Bogert Avenue and Beecroft Road is subject to Council approval and is part of a separate application to Realty Services. Any decision that Council makes on the sale of the density rights from the City owned lands will provide a basis to review the overall height and density proposed by this rezoning application.

4.2.2City Lane

It is normal Council policy that public lanes not be considered for partial closure and conveyance to abutting landowners. Lanes traverse from public street to public street and are not intended to dead end at an arbitrary mid-point.

Lands which form part of the existing city lane, which are also required as a portion of the Poyntz road widening at its intersection with Yonge Street, do not need to be conveyed to the applicant only to be reconveyed back to the City for the purposes of achieving the improved intersection. The lands are already in public ownership and there is no public interest achieved in this density transfer.

4.2.3Density Incentives

Section 3.3.0 of the D.2 Plan sets out special density incentives which Council may approve. It includes a specific exemption (space to be exempted from the calculation of gross floor area) for grade level shopping facilities fronting on a public sidewalk or pedestrian concourse where Council, in its discretion, determines that the exemption is necessary and desirable in order to enhance the continuity of retail and service commercial uses and to encourage interesting and active streetscapes. The exemption cannot exceed 0.5 FSI calculated on the site.

The applicant is proposing a density exemption of 1,140 m² which represents the total amount of at-grade retail space included in the application. Staff will report on the merits of this request as part of any Final Report.

In addition the applicant is proposing a specific exemption of 624 m² of indoor recreational amenity space (based on 1.5 m² per dwelling unit). The D.2 Plan does not provide a density exemption for indoor recreational amenity space although OPA 447 does.

4.2.4Colonia Property

The Colonia Life property just east of the subject property, is designated as Downtown Mixed Use - One under OPA 447. This designation permits a non-residential building with a FSI of 4.5. The density transfer policies in OPA 447, would permit density transfers that would increase the density limit for the Colonia site to a FSI of 6. The Lansing United Church density transfers could also be directed to the Colonia site. The combination of all transfers, however is still limited to a 1/3 increase. The development potential for the Colonia block is less than that on to the Premium Properties site. The intent of the Official Plan to achieve a strong presence on the Yonge Street frontage is not realized because of this fragmented ownership. There are not any development proposals from Colonia before Council at the present time.

4.3Height:

The D.2 Plan regulates height in two ways. Firstly, it limits the height of any building to the horizontal distance separating the building from the Relevant Residential Property Line (RRPL) which is the nearest lot with a detached house on January 1, 1979 outside of the Downtown. Secondly, it restricts the height based on the number of storeys as follows:

• within 75 m of a relevant residential property line, the maximum height is limited to 23 storeys. If the site is opposite or next to a detached house in a stable residential area (located outside of the Downtown) the maximum height is the lesser of 3 storeys or 11 m
• beyond the 75 m distance from the RRPL, the height increases by 1 storey for every additional 25 m away from the RRPL
• an extra 3 storeys may be permitted for buildings served by continuous, underground connections to a subway station

Based on these height limitations, the maximum height permitted on the Premium development site is generally 23 to 25 storeys. Schedule "F" illustrates the height limits on the Premium development site. The application proposes a height of 29 storeys and approximately 85 metres. This exceeds the height limits of the D.2 Plan.

The applicant has argued that site specific policy 3.14.22 approved by the OMB as part of OPA 393, enables Council in its discretion to exempt the site from the height limits of the Plan. It should be noted that the policy indicates that any exemption to the D.2 Plan's urban design and street related policies are to be based on any road impacts related to the site. Building height limits are not specifically included in this specific development policy and this matter should be resolved in the review of this application.

Official Plan Amendment 447 would allow a maximum height of 100 metres for this site.

4.4Site Plan Approval:

Site specific policy 3.14.22 (see Schedule "L") states that the zoning of this site may be increased subject to approval of a master site plan by the City provided that the Community Impact Criteria dealing with arterial and local traffic and traffic as it affects residential amenities have been satisfied. The applicant has submitted a number of drawings including site plan, elevation, cross-section and underground floor plans for master site plan approval. The site specific policy indicates that other Community Impact Criteria (including shadowing, environment, site circulation, building and site design, streetscape) are to be addressed at the time of detailed site plan review.

4.5Parkland Dedication:

Parks staff indicates that the applicant is to make an on-site parkland dedication or provide a parkland dedication off-site. The current site plan does not indicate any parkland conveyance to the City. The applicant is working with Parks and Recreation staff to fulfill the parkland dedication requirement.

4.6Outdoor Recreational Space:

The application includes outdoor recreation space located above the first floor podium between the two residential towers. The D.2 Plan permits rooftop recreational facilities provided they are not more than 11 metres above grade and are protected from direct wind.

4.7Affordable Housing:

The Official Plan includes a policy that Council shall provide opportunities for at least 25% of the dwelling units in multiple unit residential buildings of 20 units or more to be "affordable housing". The applicant is prepared to provide 25% of the residential units as "affordable housing" to be achieved in the zoning by-law by a limitation on the size of units.

4.8Road Widenings:

The Downtown Service Road Environmental Study Report Addendum and Downtown Service Road alignment as approved by the OMB as part of OPA 393 provide for a reconfiguration of the intersection of Beecroft Road and Poyntz Avenue and the widening and realignment of Poyntz Avenue. A portion of the site along Poyntz Avenue is to be conveyed to the City for the widening of Poyntz Avenue and construction of the Downtown Service Road. The site plan submitted by the applicant provides for these road undertakings.

Transportation and Works staff also advise that a 1.5 m conveyance across the Bogert Avenue frontage is required to attain a 23.02 m road right-of-way as outlined in the Downtown Service Road Environmental Study Report dated April 1991. While the applicant is of the view that the Bogert Avenue widening is now redundant and disputes the requirement for a land conveyance across the Bogert Avenue frontage, the 1.5 m conveyance along the Bogert Street frontage should be provided.

4.9Transportation Certification:

The D.2 Plan requires applicants proposing developments which exceed 5,000 m² in gross floor area to submit a traffic certification report. This traffic certification report is now under review by Transportation staff.

4.10Parking:

The application includes 540 parking spaces. Transportation staff is reviewing the proposed parking allocation.

5.0Community Consultation:

A community consultation meeting was held on December 8, 1998. In addition, an informal community meeting was organized by Councillor Filion on February 24, 1999. Approximately 30 people attending each meeting. The residents who attended the meetings raised the following issues:

• amount of density proposed for the site
• amount of proposed density transfers
• benefits accruing to the community from proposed density transfers
• height of the proposed buildings in relation to surrounding residential community
• effects on lots on south side of Poyntz Avenue
• traffic impacts of this proposal together with proposed development further west at Easton/Poyntz/Bogert (Greatwise application)
• traffic is infiltrating the residential area
• possible traffic restrictions at the intersection of Poyntz Avenue at Beecroft Road
• parking may spill into the adjacent residential neighbourhood
• parking is a problem for the Church which has lost on-street parking spaces and is not able to use the abutting Premium Properties site for additional parking
• impacts of the proposal on schools and parks
• use of the Premium Properties site on the west side of Beecroft Rd.

Staff has also received a number of submissions from residents in the area. They raise similar concerns to those outlined above.

Staff also convened a meeting of property owners on the south side of Poyntz Avenue in the Downtown. These properties remain in fragmented ownership as single detached dwellings pending assembly for redevelopment.

Conclusions:

The application by Premium Properties Ltd., is seeking to amend the zoning by-law and for master site plan approval to permit two 29 storey residential buildings totalling 416 units. The application also proposes to rezone the lands on the west side of Beecroft Road owned by the applicant and the lands of Lansing United Church in order to transfer unused density from these lands to the development site on the east side of Beecroft Road. In addition, the applicant has submitted a request to Realty Services to acquire density and ownership of various City owned lands. The amount of density that City Council decides to sell to Premium will provide a basis to the overall height and density of the project. This report indicates a number of planning issues that require further review including the proposed density transfers, density exemptions, building height, property ownership, Bogert Avenue land conveyance, the use of the Premium property on the west side of Beecroft, and traffic certification. Transportation Services needs to report further on the required road closing by-law for the City lane.

Contact Name:

Paul Byrne, Senior Planner

North York Civic Centre

Telephone: (416) 395-7105

Fax: (416) 395-7155

Rob Dolan

Acting Director, Community Planning, North District

Schedules:

A.Official Plan Map

A2Official Plan Map OPA 447

B.Zoning By-law

C.Density Limits

D. Land ownership - Density Transfer Applied For

E. Schedule 2 to OPA 393 - Downtown Density Limits

F. Height Limits

G. Site Plan

H. Block Plan

I. West Elevation

J. North-South Elevations

K. Section Plan

I. Section 3.14.22 of OPA 393

SCHEDULE "L"

Part D.2, Section 3.14.22 which reads as follows:

"Lands Bounded by Yonge Street, Poyntz Avenue, Frizzell Road and Bogert Avenue.

The above lands are designated Mixed Use as described in Section 2.7.0 of Part C.1 of the Official Plan, and are assigned a maximum density of 4.5 FSI on Map D.2.1 plus available transfers and special density incentives. Road requirements associated with the development of this site in order to achieve its planned density and use will be prescribed by the traffic certification described in (iii) of this specific policy statement.

In the event that a zoning amendment application intended to implement the current provisions of the Plan on these lands should precede the completion of the Downtown Service Road in this location, despite any other policies to the contrary, the following principles will be applied in finalizing the zoning:

(i)any conveyance for road purposes in respect of these lands should reflect the general configuration of the road alignment identified in the Downtown Service Road Environmental Study (1991). The density transfer policies of the Plan, namely, Section 3.3.0 (a) of Part D.2 shall apply to the conveyance for road purposes;

(ii)in considering any road impacts related to the subject site, Council may in its discretion, exempt portions of the site from the various urban design and street related policies to achieve appropriate development;

(iii)until such time as a Service Road is constructed, traffic certification under the Community Impact Criteria, pursuant to Section 3.2.0 of Part D.2 of this Plan, may reflect traffic assignments that continue to recognize capacity constraints and diversion opportunities within the context of sound traffic engineering principles;

(iv)notwithstanding the last two paragraphs of Part D.2, Section 3.2.0, providing that subsections 3.2.0 (i) and (ii) of the Community Impact Criteria have been satisfied, the zoning of these lands may be increased from the base density limits as set out in Part D.2, Section 3.1.0 to the maximum density shown on Map D.2.1, subject to the approval of a master site plan by the City, requiring all other Community Impact Criteria to be met during detailed site plan review; and

(v) all other provisions of this Plan shall apply."