June 21, 1999

To:North York Community Council

From:Rob Dolan

Acting Director, Community Planning, North District

Subject:FINAL REPORT

ZONING AND OFFICIAL PLAN AMENDMENT APPLICATION

SANMAL INVESTMENTS LIMITED

699 Sheppard Avenue East

Ward 9 - North York Centre South

UDOZ-98-11

Purpose:

This report recommends approval of an application to permit development of this site in two phases. The first phase will allow for the use of the existing 1-storey building for limited commercial uses including the continuation of the post office use. The second phase involves the redevelopment of the site with a 5-storey commercial office building with commercial uses at grade at an FSI of 2.0 subject to the removal of a holding (H) provision when site plan and transportation conditions are satisfied.

Recommendations:

It is recommended that:

OFFICIAL PLAN AMENDMENT

(1)That the lands be designated Arterial Corridor Area (ACA).

(2)Notwithstanding the limit of commercial density in the ACA designation, solely commercial uses be permitted at a maximum density of 2.0 FSI and a maximum height of 5 storeys for this site. Any redevelopment of the site beyond the existing building would be subject to the removal of a holding zone (H) which initially limits development to a maximum density of 0.26 FSI.

ZONING BY-LAW

(2)The application for rezoning be approved that establishes:

(a)an "H" holding zone limiting development to the gross floor area of 661 mē in the existing building and the following uses:

banks,

banquet halls,

business and professional offices,

car rental agencies,

clubs,

commercial recreation (excluding billiard parlours and bowling alleys),

commercial schools,

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

dry-cleaning and laundry collecting establishments,

fitness centres,

industrial sales and service,

information processing,

outdoor cafe in conjunction with restaurant on same lot,

personal service shops,

professional medical offices,

research,

restaurants,

retail stores,

service shops,

showroom,

studios,

take-out restaurants, and

theatres.

(b)provision to remove the "H" holding zone, subject to fulfilment of the criteria in Part C.10, Section 2.10.1 of the Official Plan.

PHASE I (RETAIL CONVERSION)

(3)the conditions of the Works and Emergency Services Department as set out in Schedule "F" as the conditions apply to Phase I.

(4)Staff do all things necessary to secure all appropriate agreements, financial and otherwise to implement the conditions of the Works and Emergency Services Department, Transportation Services Department, as set out in Schedule "E" as the conditions apply to Phase I.

(5)Prior to the enactment of a zoning by-law, the applicant shall apply for and receive site plan approval for the Phase I development which implements the Sheppard Avenue East Streetscape Plan for this site, reduces or eliminates front yard parking, and provides appropriate landscaping and signage as outlined in the urban design guidelines in Appendix "1".

PHASE II (NEW OFFICE BUILDING)

(6)Staff do all things necessary to secure all necessary agreements, financial and otherwise to implement the conditions of the Works and Emergency Services Department as set out in Schedule "F " as the conditions apply to Phase II.

(7)Staff do all things necessary to secure all appropriate agreements, financial and otherwise to implement the conditions of the Works and Emergency Services Department, Transportation Services Department, as set out in Schedule "E" as the conditions apply to Phase II.

(8)The conditions of the Parks and Recreation Planning Branch of the Economic Development, Culture and Tourism Department, as set out in Schedule "G " be satisfied prior to issuance of a building permit for the Phase II development.

(9)Prior to enactment of a by-law to remove the "H" holding zone from the zoning, the applicant shall have satisfied the criteria in Part C.10 of the Official Plan and

(a)applied for and received site plan approval achieving matters which include:

(i)the rear portion of the fifth floor being stepped back northward from the fourth floor by a minimum of 6 metres (20 feet),

(ii)implementing the Sheppard Avenue East Streetscape Plan including a front yard setback of approximately 5 metres from Sheppard Avenue,

(iii)eliminating front yard parking,

(iv)appropriate landscaping and signage,

(v)waste collection arrangements satisfactory to the Works and Emergency Services Department,

(vi)an on-site Fire Access Route satisfactory to the Fire Services Department,

(vii)a pedestrian wind study be provided in accordance with the Pedestrian Comfort Guidelines in the Appendix of the Official Plan.

GENERAL CONDITIONS

(10)Staff do all things necessary to secure all appropriate agreements, financial and otherwise to implement the conditions of the Toronto Transit Commission as set out in Schedule "J".

Background:

Proposal:

The application proposes an amendment to the Official Plan and zoning by-law in order to permit a two-phased development. In the short term, the applicant proposes to convert the existing 1-storey post office building to commercial uses, at a density of 0.26 FSI. In the long term, the applicant wishes to redevelop the property, through the removal of a holding zone, with a 5-storey commercial office building with an FSI of 2.0, as shown on the attached Schedule "C2". Pertinent site statistics are set out below:

Location and Existing Site:

The site is located on the south side of Sheppard Avenue, between Greenbriar Road and Bessarion Road. An existing 1-storey post office building currently occupies the site. A 3-storey office building with a pharmacy at grade abuts the property to the east at 701 Sheppard Avenue East with a density of 1.2 FSI. The properties to the west are occupied by the Mini-Skools Early Learning Centre, the Eliam Chinese Baptist Church, the recently expanded Church of the Torontonians, and two single detached dwellings. There are semi-detached dwellings abutting the site to the south which front onto Caracas Road, and there are also semi-detached dwellings on the north side of Sheppard Avenue opposite the site.

Planning Controls:

Official Plan Amendment No. 392 (Sheppard East Subway Corridor Secondary Plan) amends the current General Institutional (G-INS) designation to Arterial Corridor Area (ACA), which permits mixed use development at a density of up to 2.0 FSI for mixed use or solely residential uses. Commercial uses are permitted at a density of 1.0 FSI. An official plan amendment is required to allow the option of a fully commercial use at this location at an FSI of 2.0. The approval of OPA 392 has been appealed to the OMB, although none of the appeals specifically concern this site or the policies of its designation. The policies for the ACA were previously approved under OPA 377 and are in full force. The redesignation of this site to ACA is, however, not in full force due to the appeal of OPA 392. The proposed Official Plan Amendment for this site also redesignates the site from G-INS to ACA in order to give this application the ability to proceed independently of OPA 392.

Zoning By-law:

The front of the property is zoned One-Family Detached Dwelling, Fourth Density Zone (R4), which permits predominately single-family dwellings. The rear one-quarter of the property is zoned Multiple-Family Dwellings, Fourth Density Zone (RM4), which permits single and multiple-family dwelling uses, including semi-detached dwellings, townhouses and low rise apartment buildings. Both the R4 and RM4 portions of the site are subject to site specific By-law 24563, enacted in 1972, which permits the existing building to be used for the purpose of "a professional office building". The property has been leased for use as a post office for a number of years. An amendment to the zoning is required to permit either conversion of the existing building to commercial uses, or the redevelopment of the site with a new office and commercial building.

Other Department Comments:

The Transportation Services Division of the Works and Emergency Services Department has indicated both proposals will require a loading space, and that the underground parking for the 5-storey office building will need to be redesigned because some of the spaces as shown are inaccessible. Phase II will require a traffic impact study in compliance with OPA 392 and Part C.10 of the Official Plan. Their comments are attached as Schedule "E".

The Works and Emergency Services Department has indicated that in the case of the retail conversion it will be necessary for the applicant to arrange for private waste collection. In the case of the proposed office building, allocation of Interim Sanitary Trunk capacity for this development will result in an equal decrease in interim trunk capacity available to other developments in the Don Trunk Area. Based on the plans submitted to date, the waste collection arrangement for the new building is not satisfactory and will need to be satisfactorily arranged at the site plan stage. Their comments are attached as Schedule "F".

The Parks and Recreation Planning Branch of the Economic Development, Culture and Tourism Department has indicated that there is no parkland dedication requirement for the conversion of the existing building to retail uses, however, for the new office building 2% cash-in-lieu of parkland dedication will be required at the time of building permit application. Their comments are attached as Schedule "G".

The Fire Services Department has indicated that the new 5-storey building will require an on-site Fire Access Route which must meet the requirements of the Ontario Building Code, to be dealt with at the time of site plan approval. Their comments are attached as Schedule "H".

The Public Health Division has indicated that there are no outstanding Public Health requirements pertaining to the soils on the site. Their comments are attached as Schedule "I".

The Toronto Transit Commission has indicated that the site is within the zone of influence of the Sheppard Subway line, and that applicant should apply noise and vibration attenuation measures. The applicant should also inform prospective purchasers and lessees, through a clause in the purchase or rental agreements, of the potential for noise and vibration intrusions and that the TTC accepts no responsibility for such effects. Their comments are attached as Schedule "J".

The Provincial Planning Services Branch of the Ministry of Municipal Affairs and Housing has indicated that they have no objection to the proposed retail and commercial uses. Their comments are attached as Schedule "K".

Community Consultation:

A community meeting was held on January 21, 1999. A number of planning interests were raised by the residents who attended and submitted their comments:

• type of commercial uses to be considered in the interim
• location and operation of the parking on site
• traffic congestion
• height of the building

A small working group was set up at the January 21st meeting and meet several times to discuss the issues. The residents and applicant agreed upon the exclusion of the following uses from the phase one approval: undertaking establishments, drycleaning on the premise, automatic laundry shops, motels, hotels, apartment hotels, commercial bath houses, billiard parlours, bowling alleys and gas stations. In the second phase, the applicant agreed to step back the fifth floor as a means of minimizing the impact on the adjacent semi-detached dwellings.

Discussion:

Planning Issues:

Land Use and Density:

The lands are designated Arterial Corridor Area (ACA) by OPA 392, and included in a key development area within the Bessarion subway node. The Secondary Plan promotes a mix of uses within this area. In general, the Plan encourages commercial uses to be located at closest to the subway stations, and development which is more residential in nature to be located adjacent to stable residential areas. Development of lands designated ACA is to occur in accordance with the mixed use policies in Part C.10 of the Official Plan.

The Arterial Corridor Area (ACA) policies applying to the subject lands permit a mix of uses at varying densities. The intent of these policies is to initially limit development to a density of 1.0 FSI, and place gross floor area above 1.0 FSI up to the general maximum of 2.0 FSI in a holding zone. Criteria to be fulfilled in order to remove the holding zone relate to, among others, transportation and sewer studies being undertaken to ensure capacity is available to serve the development, minimum 30 metres frontage, compliance with the Urban Design Guidelines for ACA's specified in Section 2.6.0 of Part C.10 of the Official Plan, and ensuring site plan approval is obtained.

Approval of this application would require the establishment of a holding zone ("H") on this property to limit development initially to the proposed first phase of development, of less than 1.0 FSI. Upon subsequent application to remove the "H", and fulfilment of the "H" removal criteria and relevant ACA policies, a density of 2.0 FSI could be achieved at this location.

The proposal fits within the general intent of the Secondary Plan to achieve redevelopment of this section of the Sheppard Corridor. The proposed uses are consistent with the objective of achieving mixed uses in this area. The child care centre and churches to the west of the site are stable uses at present. The proposed uses in both phases are compatible with the adjacent office and institutional uses, and can be buffered from the semi-detached dwellings to the south. Given the proximity of the site to the future Bessarion subway station and the desire to develop mixed uses and offices in this key development area, the proposed land uses are appropriate.

An official plan amendment is required because the general ACA policies limit the amount of commercial density on any one site to a maximum of 1.0 FSI. The applicant is proposing a fully commercial building at 2.0 in the second phase.

Traffic Impact Study:

OPA 392 requires a Traffic Impact Study and traffic certification for development over 5,000 mē. The criteria in the ACA policies for the removal of an "H" holding zone also include the submission of a study demonstrating that the proposed development will not result in an unacceptable level of arterial road service. The submission of a traffic impact study is a condition for removing the "H" holding zone from the property for the proposed office building.

Urban Design:

There are urban design guidelines in both the Sheppard Corridor Plan and the ACA policies. An evaluation of the application against these guidelines is summarized in Appendix "1" to this report, and will be used to review the site plan applications for both Phase I and Phase II. The Phase I site plan application does not include any new structures, but will include consideration of appropriate parking layout, streetscape, and landscaping. The Phase II site plan that is required when the site is redeveloped will address to the fullest extent the design of the new building and its relationship to both the residential neighbourhood to the south and its Sheppard Avenue frontage as outlined in Appendix "1".

Conclusions:

The application is consistent with the Sheppard East Subway Corridor Secondary Plan in terms of land use and density. The proposed uses are appropriate for a location fronting on Sheppard Avenue and will assist in maximizing development in this key development area which is occupied in large part with existing institutional uses. Both the conversion of the existing building to retail uses, and a new office/commercial building are compatible with the adjacent office and institutional uses, and can be appropriately buffered from the stable residential area to the south. A holding zone should be applied to the proposed second phase of the development, allowing a density of up to 2.0 FSI, which can be removed subject to satisfying the criteria in the Official Plan.

Contact Name:

Karen Whitney, Senior Planner

Telephone: (416) 395-7109Fax: (416) 395-7155

______________________________

Rob Dolan

Acting Director, Community Planning, North District

Appendices:

1Urban Design Guidelines

Schedules:

AOfficial Plan Map

BZoning Map

C1Site Plan (Phase I)

C2Site Plan (Phase II)

D1Elevations (Phase I)

D2Elevations (Phase II)

D2BSouth and East Elevations (Phase II)

D2CPerspective View from the Southwest (Phase II)

ETransportation Services Division Comments

FWorks and Emergency Services Comments

GParks and Recreation Comments

HFire Comments

IPublic Health Comments

JTTC Comments

KProvincial Planning Services Branch Comments

LBy-law Compliance Comments

MConsumers Gas Comments

NBell Canada Comments

OPublic Submissions

G:\USERS\KWHITNEY\WPFILES\REPORTS\UDOZ9811.REP

APPENDIX 1URBAN DESIGN GUIDELINES

Phase I - Reuse of Existing Building

Principles:

1)Implementation of the Sheppard Avenue East Streetscape Plan for this site.

2)Parking spaces next to Sheppard Avenue be eliminated and replaced with landscaping to support the Streetscape Plan. The 6 parking spaces adjacent to Sheppard Avenue should be eliminated and replaced with landscaping.

3)Design of signage for the conversion from the existing post office should make them an integral part of the building to create more of a storefront design.

Phase II - Office Building

Streetscaping and Setbacks:

1)In order to achieve a pedestrian friendly street, a 5 metre setback is required for all new developments. New buildings are to be sufficiently set back from the Sheppard Avenue road allowance to accommodate the planned widening and streetscape initiatives of the City.

2)The new office building proposed in Phase II is proposed to be set back 11.8 metres from Sheppard Avenue. This set back should be reduced to provide a greater rear yard setback from the stable residential area to the south with enhanced landscaping around the outdoor parking area. The ACA urban design policies also encourage buildings to be set back from the street to encourage green space and landscaped front yards, and stress that building massing should be supportive of a pedestrian scale.

4)Implement the Sheppard Avenue East Streetscape plan for this site which indicates a landscape treatment in the public boulevard. This will also eliminate parking, and increase landscaped area in the front yard.

Building Height:

5)Buildings are subject to a 45 degree plane to the boundary of the ACA area. At the time of the application to remove the "H", it should be demonstrated that stable residential areas should not be significantly affected by shadowing or overview.

6)A maximum height of five storeys with the fifth floor being stepped back from the fourth floor in the rear by a minimum of 6 metres (20 feet).

Parking and Landscaping:

7)Generally, surface parking should be located at the rear of buildings or away from the street edges and screened by landscaping where it must be located on the side of a building.

8)Landscaping is to be used as a buffer between arterial road development and stable residential areas wherever possible.

9)Additional landscaping should also be provided around the perimeter of the below grade parking structure to buffer the semi-detached dwellings to the south. The surface parking along the west property line should be eliminated and replaced with a landscape zone.

Pedestrian Comfort:

10)OPA 392 requires pedestrian level wind studies for developments which exceed 5,000 mē in accordance with the Pedestrian Comfort Guidelines in the Appendix to the Official Plan. This condition should apply to the new office building in Phase II as a condition of the "H" removal and implemented through the site plan approval process.