April 23, 1999

To:North York Community Council

From:Rob Dolan

Acting Director, Community Planning, North District

Subject:FINAL REPORT

ZONING AMENDMENT APPLICATION

Landtactix (Sam-Sor Enterprises)

5200 Yonge Street

Part of Lot 18, Conc. 1, W.Y.S.

UDZ-98-30

North York Centre

Ward 10

Purpose:

This is a final report on an application to amend the Zoning By-law to revise the site area and density of an approved development at 5200 Yonge Street. This application is a result of a direction by Council that an application be made to amend the site size and density transfers in effect in the current zoning of this property. These modifications return density attributable to the heritage Gibson House from the development permitted at 5200 Yonge Street and a 1, 371 m² (14,761 sq.ft.) parcel of land which is to be conveyed to the City for a daycare centre. This technical rezoning is required to redefine the donor site and receiving sites for density transfers to the Landtactix site. This rezoning has the effect of reducing the amount of gross floor area that can be built on the Landtactix site by 10,723 m².

Financial Implications:

The financial implications of this proposed rezoning have been considered in a Confidential Report through the Corporate Services Committee approved by Council at its meeting November 25-27, 1998.

Recommendation(s):

It is recommended that the application be approved and staff be directed to prepare:

(1)an Official Plan Amendment that specifies that density to be retained by the Gibson House site, currently designated Local Open Space, may be transferred in whole or in part at a later date in accordance with the policies of the North York Centre Plan (OPA 447) and recorded appropriately in Appendix 13 to the Official Plan all as generally described in Schedule "E" to this report.

(2)a Zoning By-law Amendment to implement the following changes:

(2.1)to reduce the gross floor area permitted on the Landtactix site by 4,552 m²;

(2.2)to further reduce the gross floor area on the Landtactix site by 6,171.3 m²;

(2.3)to amend the zoning on the 1,371.4 m² of land to be conveyed to the City to O1 (Open Space) in order to permit a day nursery;

(2.4)delete the requirement for a day nursery and meeting spaces on the remaining C1(94) General Commercial (Site Specific) lands;

(2.5)to permit a maximum of 10,332 m² for residential uses on the C1(94) lands and 120 units.

all as generally described in Schedule "F" to this report.

(3)Prior to enactment of the zoning bylaw, the existing site plan agreement be amended to:

(3.1) reflect the density reduction;

(3.2) include the conditions of the Economic Development, Culture and Tourism, Culture Division shown as Schedule "J";

(3.3)include the conditions of the Fire Services Division shown as Schedule "N";

(3.4)include the conditions of the Works and Emergency Services, Development Services Division shown as Schedule "O";

(3.5)include the conditions of the Economic Development, Culture and Tourism, Parks and Recreation Planning shown as Schedule "P";

(3.6)include the requirement for common outdoor space for the non-residential portion of the development in accordance with the policies of OPA 447;

(3.6) include the new demonstration drawings.

Background:

1.0Proposal:

Council approved a development application for this site in 1991 for a 21 storey commercial office tower and daycare centre. Subsequent to this approval, Council approved an amendment to the zoning in the fall of 1997 which would allow up to 50% of the permitted gross floor area to be used for residential uses. The effect of this change is to permit a 27 storey, 200 unit residential tower and a 17 storey commercial building and a daycare. The total gross floor area previously approved was unaltered by this zoning by-law amendment.

This current proposal reduces the permitted gross floor area at 5200 Yonge Street by 10,723 m² by deleting a density transfer from the Gibson House and by a reduction of its net site base density through a conveyance of a parcel of land to the City for a workplace daycare facility. A reduced unit count of 120 units reflects unit size of the 1997 proposal. The following table summarizes the latest proposal:

The previous rezoning application was accompanied by a demonstration plan which illustrated how the site could be developed. The demonstration plan, in conjunction with urban design principles together provide guidance for an appropriate development scenario for the site.

The demonstration plan and design principles formed part of a Concept Plan approach to reviewing rezoning applications. While it is one step removed from a formal site plan application, there is sufficient detail provided in terms of building location, height and open spaces areas to ensure conformity with the Official Plan. The plan was secured on title as an amendment to the existing site plan agreement to direct future site plan applications.

2.0Location and Existing Site

This 0.6 ha. (1.5 acre) site is located on the west side of Yonge Street, north of Park Home Avenue. It is occupied by a commercial plaza and a McDonald's Restaurant. A mix of existing and approved commercial, residential and open space uses surround the site, including the Gibson House which is owned by the City.

The redevelopment site at 5200 Yonge Street, the portion of the site which it is proposed to be conveyed to the City for daycare purposes, and the Gibson House property are shown on attached Schedules "C" and "C2". The proposed daycare site and Gibson House will be provided access from Yonge Street.

3.0Planning Controls

3.1Official Plan

The site is within the North York Centre - Downtown subject to Part D.1 and D.2 of the Official Plan as amended by Official Plan Amendment 447. All of the density transfers previously granted and proposed in this application are permitted under the approved policies of the Official Plan.

The eastern portion of the site adjacent to Yonge Street is designated Downtown-Mixed Use Two which permits commercial and residential uses with a limitation of 50% on any residential component. The rear western portion of the site is designated Downtown Residential One which permits residential uses. The maximum density permitted by these designations is 4.5 FSI. As this application represents a decrease in the permitted gross floor area on the site, it is within the long range development levels as shown in Schedules "R" and "S".

A specific development policy for the Gibson House site is recommended for the purposes of clarity in the plan.

3.2Zoning By-law

The lands are zoned Commercial (C1) with site specific by-laws which permit commercial and residential uses with a maximum gross floor area for all uses of 37,204 m² (400,474 square feet) inclusive of all density transfers and specific development incentives of which a maximum 19,500 m² (209,903 square feet) may be used for up to 200 residential units. The existing zoning includes a density transfer of 4,552 m² (49,000 square feet) from the heritage Gibson House property. It also includes a requirement that the redevelopment include a day nursery of a minimum 609 m² (6,566 square feet) to a maximum 1,215 m² (13,078 square feet) as part of any redevelopment.

The proposed zoning is in conformity with the Official Plan. It represents a minor adjustment to the previous zoning by-law in accordance with Section 10.2 of the Part D.1 of the Official Plan. Lands to be conveyed to the City should be zoned Open Space (O1) which permits day nurseries.

Discussion:

4.0Other Department Comments:

Comments received for the departments and agencies to which the application was circulated indicate as follows:

The Works and Emergency Services, Development Services indicated that a sanitary sewer easement is required if the owner desires to have the existing north-south sanitary easement diverted to the Yonge Street sanitary sewer along the north limit of the development site in order to better facilitate development on the site and the Imperial Oil site to the south. Their comments are attached as Schedule "O".

The Economic Development, Culture and Tourism, Culture Division indicated the necessary requirements to ensure the continued operation and protection of the Gibson House. Their comments are attached as Schedule "J".

The Fire Services, North Command require additional information on the location of fire routes, and hydrant, alarm, and principle entrance locations prior to assessment of a detailed site plan. Their comments are attached as Schedule "N".

The Economic Development, Culture and Tourism, Parks and Recreation Division has indicated that the applicant has been requested to obtain an off site parkland dedication since an on site dedication is impractical due to the conveyance being made to the City for the day nursery. If a site for parkland dedication cannot be found prior to building permit, the applicant will be subject the appropriate cash-in-lieu requirement. Their comments are attached as Schedule "P".

The Toronto Catholic District School Board has indicated they object to the application due to lack of permanent facilities and overcrowding. This application does, however, represent a decrease in residential gross floor area permitted on the site and therefore decreases the potential impact on school facilities. Their comments are attached as Schedule "Q".

The remainder of the department and agencies circulated indicated they have no objections to the application. All of the departments and agency comments are attached as Schedules "G" through "Q".

5.0Community Consultation

Given the technical nature of this application, a community consultation meeting has not been required.

6.0Planning Issues:

6.1Density Transfer:

Section 3.4 of Official Plan Amendment 447 (North York Centre Secondary Plan) permits the transfer of density from land owned by the City to a receiving site provided the receiving site is on the west side of Yonge Street, north of Sheppard Avenue and within the Downtown. Density was transferred to the applicant's site from the City owned, historical Gibson House when the applicant's first proposal for the commercial redevelopment of 5200 Yonge Street was approved in 1993. This application reverses this initial density transfer giving the City the opportunity to transfer the unused density to another site in close proximity that meets the Official Plan requirements.

This density will remain on the Gibson House site through the site specific Official Plan amendment and listed in the Official Plan Appendix 13 which monitors density transfers. The density that is transferred in the future can be used for entirely commercial uses or up to 50% for residential with the remainder being used for commercial.

6.2Access

Both the Gibson House and the day nursery will be accessed from Yonge Street by a 9 metre wide right-of-way which has been secured over the northern portion of the Imperial Oil lands (Part 1 to 5, Reference Plan 66R16102). This land was secured previously through tri-party surface easement agreements between the City, Sam-Sor and Imperial Oil Limited.

6.3Day Nursery and Community Space

A workplace day nursery was part of the original application that was approved in 1993. The applicant maintained a commitment in 1997 to provide a workplace day nursery when a further rezoning was approved for the site which includes a residential component. In order to now fulfill their commitment to provide the day nursery, the conveyance of the land to the City is required in accordance with a Confidential Report through the Corporate Services Committee approved by Council at its meeting November 25-27, 1998. The site to be conveyed must be 1,374 m² at no cost to the City. Financing for planning, design and construction of the day nursery by the applicant was also outlined in the November, 1998 report. Funds were also secured from Imperial Oil Limited for the construction of this day nursery. This arrangement will allow for the construction of the day nursery to proceed independently of construction plans and the timing for the development of 5200 Yonge Street.

With respect to community space, the financial agreement between the City and Sam-Sor provides for a cash contribution for municipal purposes at the discretion of the Commission of Economic Development, Culture and Tourism in consultation with the two Ward Councillors.

6.4Site Plan

The Site Plan approval process is required by Council to proceed concurrently with the rezoning process for the City Centre development applications. The applicant submitted a request for an amendment to the current site plan agreement with new demonstration plans. The urban design principles established in 1997 in accordance with OPA 447 will be maintained in the site plan agreement. The new demonstration plan shown as Schedule "C" will replace the previous demonstration plan. The approval of site plans has been delegated and approval to amend the existing site plan agreement can be granted upon Community Council consideration of this report.

7.0Conclusions:

This application has been submitted in response to a submission to Council through Corporate Services Committee to return density transfers which previously had been acquired by the applicant from the former City of North York. The financial implications of the redistribution of density have been considered by Council.

This application represents a technical amendment to the zoning by-law and official plan policies to ensure that the zoning permissions for 5200 Yonge Street which are retained represent good planning within the context of the policies and expectations of the North York Centre Plan.

Contact Name:

Karen Whitney

North York Civic Centre

Telephone: (416) 395-7109

Fax: (416) 395-7155

E-mail: kwhitney@toronto.ca

Rob Dolan

Acting Director, Community Planning, North District

Schedules:

Schedule A - Official Plan Map

Schedule B - Zoning Map

Schedule C - Demonstration Plan

Schedule C2 - Context Plan

Schedule D - Elevations

Schedule E -Draft Official Plan Amendment

Schedule F -Draft Zoning By-law Amendment

Schedule G - Public Health Comments

Schedule H - Corporate Services, Facilities and Real Estate Comments

Schedule I - Toronto District School Board Comments

Schedule J - Economic Development, Culture and Tourism, Culture Division Comments

Schedule K - Consumers Gas Comments

Schedule L - Municipal Standards Comments

Schedule M - Rogers Cable Comments

Schedule N - Fire Services Comments

Schedule O - Works and Emergency Services, Development Services Comments

Schedule P -Economic Development, Culture and Tourism, Parks and Recreation Planning Division Comments

Schedule Q -Toronto Catholic District School Board Comments

Schedule R -Summary of Estimated Residents in the Downtown

Schedule S -Summary of Estimated Employees in the Downtown

Schedule "E"

Draft Official Plan Amendment 474

Authority: (Community Council/Committee) Report No., Clause No. , as enacted by Council on (Date)

Enacted by Council:

CITY OF TORONTO

Bill No.

OFFICIAL PLAN AMENDMENT NO. 474

To amend City of North York Official Plan

in respect of lands municipally known as

5172 Yonge Street (Gibson House)

To adopt Amendment No. 474 of the Official Plan for the City of North York

WHEREAS authority is given to Council by the Planning Act, R.S.O. 1990, c.P. 13, as amended, to pass this By-law; and whereas Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act;

The Council of the City of Toronto HEREBY ENACTS as follows:

1.Amendment No. 474 to the Official Plan of the City of North York, consisting of the attached text and schedule, is hereby adopted.

2.This By-law shall come into force and take effect on the day of the final passing thereof.

ENACTED AND PASSED this day of , A.D. 1999

MayorCity Clerk

PREFACE AND EXPLANATORY NOTES

TO AMENDMENT NO. 474

TO THE OFFICIAL PLAN OF THE

CITY OF NORTH YORK

LANDS AFFECTED BY THIS AMENDMENT

This amendment concerns the lands located on the west side of Yonge Street north of Park Home Avenue. The municipal address is 5172 Yonge Street. The lands are also known as the Gibson House lands.

EFFECT OF AMENDMENT

The effect of this amendment would be to add a site specific policy to the North York Centre Plan which makes it clear that the lands currently designated Local Open Space (LOS) retain their density of 4.5 which may be transferred in whole or in part at a later date in accordance with the policies of the Official Plan. The intended use for these lands remains as a historical museum and open space.

PUBLIC MEETINGS

The North York Community Council considered Amendment Application UDZ-98-30 at a statutory public meeting held on __________, 1999, after written notice of such meeting had been sent to all persons assessed in respect of land and to all tenants within 120 metres of the subject lands and a notice was posted on the site during the 20 day notice period. It was North York Community Council's decision to recommend approval of the application.

A meeting to consider this matter was held by Council of the City of Toronto on _________, 1999. Council adopted the recommendation of the North York Community Council to approve the application.

On ___________, 1999, Council enacted By-law No.__________.

AMENDMENT NO. 474

TO THE OFFICIAL PLAN FOR THE

CITY OF NORTH YORK

The following text and schedule constitute Amendment No. 474 to the Official Plan of the City of North York.

ITEM 1

Clause 1

Map D.1.10 (Downtown Site Specific Policies) is amended by adding the lands municipally known as 5172 Yonge Street as 12.24 as shown in Schedule "A", attached.

Clause 2

Section 12 (Downtown Site Specific Policies) is amended by adding the following policy:

"12.24Lands on the West Side of Yonge Street, Known as 5172 Yonge Street (Gibson House)

Despite the Local Open Space (LOS) designation of the lands, a density of 4.5 Floor Space Index is assigned to the land. The existing building at 5172 Yonge Street is considered to be a heritage building which is excluded from the calculation of density and, as such, will be retained.

The density assigned to this site may be transferred in whole or in part in accordance with Section 3.4 of this Secondary Plan subject to rezoning. A maximum of 4,552 m² of density may be transferred for the purposes of commercial, institutional, public parks, recreational, residential and transit terminal uses provided the density transferred from this donor site for residential purposes does not exceed 2,276 m²."

Schedule "F"

Draft Zoning By-law

Authority: North York Community Council Report No.__Clause No.__ , as enacted by Council on _____________.

Enacted by Council:

CITY OF TORONTO

Bill No.

BY-LAW No.

To amend City of North York By-law 7625

in respect of lands municipally known as

5200 and 5172 Yonge Street

To amend City of North York By-law No. 7625

WHEREAS authority is given to Council by Section 34 of the Planning Act, R.S.O. 1990, c.P. 13, as amended, to pass this By-law; and whereas Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act;

The Council of the City of Toronto HEREBY ENACTS as follows:

1.Schedules "B" and "C" of By-law No. 7625 of the former City of North York are amended in accordance with Schedule "1" of this By-law.

2.Section 64.23 of By-law 7625 of the former City of North York is amended by adding the following subsection:

"64.23(94)C1(94)

DEFINITIONS

Gross Floor Area(a)For the purposes of this exception, Gross Floor Area shall mean the total of the areas of all of the floors, measured between the outside of the exterior walls of the building at the level of each floor, including any areas used as balconies measured to the outside edges of the balcony floors, but excluding:

(i)Mechanical Floor Area;

(ii)any area used for motor vehicle access or underground parking.

Mechanical Floor Area(b)For the purposes of this exception, Mechanical Floor Area shall mean the floor area within a building that is used exclusively for the accommodation of mechanical equipment necessary to physically operate the building such as heating, ventilation, air conditioning, electrical, plumbing, fire protection and elevator equipment.

Net Site(c)For the purposes of this exception, Net Site shall mean the gross site minus any lands that have been conveyed to the City of North York for roads or road widenings.

Apartment House Dwelling(d)For the purposes of this exception, Apartment House Dwelling shall mean a building containing more than four (4) dwelling units, each unit having access either from an internal corridor system or direct access at grade, or any combination thereof.

Relevant Residential(e)For the purposes of this exception, relevant Residential Property

Property LineLine shall mean the eastern limits of Lot 29 on Registered Plan 3967, Lots 24 and 11 on Registered Plan 5088 and Block 4 on Registered Plan 2097.

PERMITTED USES

(f)None of the uses permitted in the C1 zone shall apply. The following uses only shall be permitted:

apartment house dwellings,

automatic laundry shops,

banks,

banquet halls,

billiard parlours,

bowling alleys,

branches of financial institutions,

business and professional offices,

clubs,

commercial schools,

community meeting spaces,

custom workshops making articles or products to be sold at retail on the premises,

day nurseries,

dry-cleaning and laundry collecting establishments,

personal service shops,

professional medical offices,

recreational and commercial recreational uses,

restaurants,

retail stores,

service shops,

studios,

synthetic dry-cleaning establishments,

theatres.

QUALIFICATIONS TO BE COMPLIED WITH IN THE C1(94) ZONE

First Floor Uses(g)The only permitted uses on the first floor level along the Yonge Street frontage shall be:

circulation areas,

custom workshops making articles or products to be sold at retail on the premises,

office lobbies,

personal service shops,

restaurants, and

retail stores.

Yonge Street Frontages(h)All of the uses in 64.23(94)(g) except for office lobbies shall have a maximum width of frontage of 14 metres on Yonge Street.

(i)Office lobbies shall have a maximum width of frontage of 6 metres on Yonge Street.

EXCEPTION REGULATIONS

(j)GROSS FLOOR AREA

The maximum permitted total "Gross Floor Area" as defined in 64.23(94)(a) shall be the sum of:

Net Site(i)a gross floor area of 20,664 m², attributable to the net site of which up to a maximum of 50% may be used for residential purposes; and

Recreation Facilities Exemption(ii)a gross floor area of a maximum of 2,111 m², to be used only for recreational and commercial recreational facilities; and

First Floor Retail Exemption(iii)a gross floor area of a maximum of 773 m², to be used only for first floor retail uses; and

Below Grade Retail Exemption(iv)a gross floor area of a maximum of 1,295 m², to be used only for below-grade retail uses.

(k)HEIGHT

(i)The maximum building height in storeys shall be as shown on Schedule "C1(94)";

(ii)The maximum height above established grade of all buildings and structures shall not exceed the horizontal distance between the building or structure, or portion thereof, and the Relevant Residential Property Line. For the purposes of this subsection only, "height" shall include all mechanical penthouses or other roof top structures;

(iii)Buildings located greater than 75 metres from the Relevant Residential Property Line may have a building height that is a maximum of three storeys greater than the building height shown on Schedule "C1(94)", provided that the building is served by continuous underground weather protected connections to a subway station.

(l)RESIDENTIAL UNITS

(i)A maximum of 120 dwelling units shall be permitted.

(ii)A minimum of 25% of the total number of dwelling units that are located within buildings containing not less than 20 dwelling units shall have a maximum gross floor area of 70 m² for a one bedroom unit, 80 m² for a two bedroom unit and 120 m² for a three bedroom unit.

(m)RECREATIONAL SPACE

(i)A minimum of 1.5 m² per dwelling unit of indoor recreational amenity area shall be provided; and

(ii)A minimum of 1.5 m² per dwelling unit of outdoor open space shall be provided; and

(n)PARKING

Parking spaces shall be provided in accordance with the following:

(i)For all non-residential uses there shall be:

(A)A minimum of 0.9 parking spaces per 100 m² of gross floor area; and

(B)A maximum of 1.3 parking spaces per 100 m² of gross floor area.

(ii)For all residential uses there shall be:

(A) A minimum of 1.0 parking spaces per dwelling unit of which 0.1 parking spaces per dwelling unit is for visitor use; and

(B)A maximum of 1.2 parking spaces per dwelling unit of which 0.1 parking spaces per dwelling unit is for visitor use.

(o)DIVISION OF LANDS

The provisions of this By-law shall apply collectively to the lands shown as C1(94) notwithstanding their division into two or more parcels.

3.Section 64.23 of By-law 7625 is amended by adding Schedule C1(94) attached to this by-law.

4.By-laws 33132 and 31953 are hereby repealed.

ENACTED AND PASSED this day of , A.D. 1999.

MayorCity Clerk