September 28, 1999

To:North York Community Council

From:Rob Dolan

Director

Community Planning, North District

Subject:FINAL REPORT

OFFICIAL PLAN, ZONING BY-LAW AMENDMENT APPLICATION & SITE PLAN APPROVAL APPLICATION

576807 Ontario Inc.

Y. Erez Architect

35-49 Bales Avenue

UDOZ-86-58 & UDSP-99-100

WARD 10 - NORTH YORK CENTRE

Purpose:

The purpose of this report is to recommend refusal of an application to amend both the Official Plan and Zoning By-law and a Site Plan Approval application to permit two residential buildings (21 and 24 storeys), with a total of 458 residential units on the lands at 35-49 Bales Avenue. The report also recommends that the City Solicitor be authorized to appear in support of the report's recommendations at the Ontario Municipal Board hearing, scheduled to begin on November 22, 1999, in connection with appeals made respecting these applications.

Recommendations:

It is recommended that:

(1)The Official Plan and Zoning By-law amendment application, for 458 dwelling units at a density of 4.5 FSI, be refused for reasons outlined in this report.

(2)The City Solicitor and City staff be requested to appear before the Ontario Municipal Board to defend the refusal of this application in its current form.

(3) The OMB be advised that:

(A)should an amendment to the Zoning By-law be approved, such approval be subject to the following:

(i)Convey to the City the portions of the extension of Bales Avenue and Anndale Drive that cross the site.

(ii)Conditions from Works and Emergency Services (Technical Services) attached as Schedule "J".

(iii)Submit traffic certification acceptable to Works and Emergency Services (Transportation Services).

(iv)Conditions from Works and Emergency Services (Transportation Services) attached as Schedule "I".

(v)Provide a minimum of 25% of the residential units as "affordable housing" to be achieved in the zoning by-law amendment by a limitation on the size of units.

(vi)Provide a 5% on-site parkland dedication or an off-site parkland dedication subject to the approval of Economic Development Culture and Tourism.

(B)the Site Plan Approval application be revised to address the following:

(i)Plans that address the provision of interim site access to existing public roads, and ultimate site access to future public roads.

(ii)Minimize the amount of driveways and pavement and increase the amount of landscaping.

(iii)Reduce the number and size of curb cuts.

(iv)Provide additional landscaping along the perimeter of the site adjacent to the existing residential lots.

(v)Execute a Tree Preservation Agreement, subject to the approval of Economic Development Culture and Tourism.

(vi)Submit microclimatic certification (pedestrian comfort studies for wind, snow, sunlight, shadowing) acceptable to Urban Planning and Development Services, North District.

(7)City staff be authorized, during the Ontario Municipal Board Hearing, to resolve any issues or improve the application as necessary.

Background:

1.0History:

In 1986, the applicant submitted an Official Plan and rezoning application for a mixed commercial-residential development with a density of 4.5 FSI. In September 1987, a Planning Department report recommended that the file be closed because the application did not include sufficient information. North York Council deferred the application "sine die" in October 1987. In 1988, the applicant participated in the OMB hearing on OPA 277 dealing with the Downtown Secondary Plan, and requested that their site be included in the Downtown with a density of 4.5 FSI. The Board denied the request on the basis that the application was premature.

In the early 1990's, the City began a review of the Downtown, south of Sheppard Avenue. In 1996, Council adopted OPA 393 setting out new policies for the South Downtown area. In September 1997, the OMB approved OPA 393 with modifications. The Board included the applicant's site within the Downtown and assigned these lands a density of 3.5 FSI.

On July 11, 1997, the former Municipality of Metropolitan Toronto expropriated the site with a lease interest for 48 months in order to provide parking for the adjacent Willowdale Plaza property during the construction of the Sheppard subway.

The applicant has requested that their 1986 Official Plan and rezoning application for a density of 4.5 FSI be referred to the Ontario Municipal Board. The hearing has been scheduled to start on November 22, 1999 for 5 days. The applicant's solicitor has indicated that they will also be appealing the site plan application and requesting that it be part of that OMB hearing.

Over the past year, the applicant has modified their application for the site several times:

_On December 22, 1998, the applicant submitted revised plans for two 24 storey residential buildings of 65 metres height.

_On June 15, 1999, the applicant submitted revised plans and data for two residential buildings. The site plan and building elevations were not clear as to what were the proposed building heights.

_On July 15, 1999, the owners submitted a site plan application for 2 residential buildings with a total of 458 units. The building located on the west end of the site has a proposed height of 24 storeys (87 metres) and the other building is proposed at a height of 21 storeys (76 metres).

_On September 10, 1999, the applicant submitted revised drawings which showed a 1 storey retail space on the north side of Anndale Drive. It is unclear from the drawing as to the use of that building.

_On September 22, 1999, the applicant submitted a draft zoning by-law amendment which includes revisions to the permitted uses, building heights, gross floor area, density exemptions amongst other matters. The draft by-law permits a total density of 4.5 FSI and density exemptions for bicycle storage areas, recreational amenity areas, and retail and commercial uses for the lands north of Anndale Drive.

_On the lands south of Anndale Drive, the draft by-law would permit apartment buildings and accessory offices and medical offices (on the first floor only), and townhouses. The draft by-law does not set out a maximum number of residential units. The maximum height would be 87 metres.

_On the lands north of Anndale Drive, the draft by-law would permit 2,400 square metres of GFA for retail and commercial uses, restaurants and townhouses. The maximum height would be 15 metres.

_In addition, the draft by-law would permit a commercial parking lot on the entire site until the lands are redeveloped.

_On September 24, 1999, the applicant submitted revised site plan drawings indicating a 1 storey retail space on the lands north of Anndale Drive. Elevation drawings have not been provided. It is unclear as to the use and size of this building.

The applicant has not yet submitted a draft Official Plan Amendment.

The applicant has submitted several revised plans and drawings, but due to the timing constraints and the OMB hearing scheduled for November of this year, staff are reporting on the July 15, 1999 application. Comments have been received on this July 15, 1999 application.

1.2Proposal:

Based on the July 15, 1999 site plan application, the applicant proposes to amend the Official Plan and zoning by-law to permit two residential buildings with 458 units on the site as shown on Schedule "C". Included in this application is a transfer of all the density from the portion of the site north of Anndale Drive to the development site south of Anndale Drive.

3.0Planning Controls:

3.1Official Plan:

Official Plan Amendment No. 447 (North York Centre Secondary Plan) was approved by the Minister with modifications on December 8, 1998. The application by 576807 Ontario Inc. is subject to the D.2 Downtown Plan, as amended by Official Plan Amendment No. 393, and not the existing North York Centre Secondary Plan (OPA 447) for the following reasons:

_The application was submitted and appealed to the OMB prior to OPA 447 being approved by the Minister of Municipal Affairs and Housing; and

_The applicant participated in the OMB hearing on OPA 393 and as a result of the hearing, this site was included in the Downtown and assigned a density of 3.5 FSI.

Below is a summary of the D.2 Plan policies, as amended, that apply to these lands.

The portion of the site north of Anndale Drive is designated Mixed Use which permits residential, commercial, institutional and recreational uses. The lands south of Anndale Drive are designated Residential Density 5 which permits a range of housing including apartment buildings as well as public facilities, community institutional uses and minor commercial uses which serve the local residential area (see Schedule "A1"). The portion of the site south of Anndale Drive is also subject to a site specific policy (Section 3.14.25; see Schedule "G"), which provides for the following:

_grade related ancillary or accessory non-residential uses may be permitted through rezoning;

_if the residential development level of the Plan has been reached, then part of the non-residential development level may be converted to increase the residential development level in order to accommodate the residential use.

The D.2 Plan assigns the site a density of 1.5 FSI with provisions to increase the density to 3.5 FSI provided the following criteria (Section 3.2.0 Community Impact Criteria) can be met:

_Arterial and local road traffic

_Traffic and residential amenity

_Shadowing and overview

_Environment including wind and snow drifting

_Site circulation

_Building and site design

_Project amenities

_Parking

_City finances

_Streetscape

An important component in achieving this criteria is the traffic certification required to accommodate this increased density.

The proposal for two residential buildings, one with a height of 24 storeys (87 metres) and the other with a height of 21 storeys (76 metres) on the lands south of Anndale Drive, is permitted by the RD5 designation and is within the height limits of the Plan.

3.2Zoning:

The site is zoned RM4 (Multiple-Family Dwellings Fourth Density Zone) which permits various types of residential uses (see Schedule "B"). Apartment house dwellings are permitted at a gross floor area of 85% of the lot area and a maximum height of 11.5 metres.

2.3Site Plan:

The Site Plan approval proceeds concurrently with the rezoning process for development applications in the North York Centre. The applicant submitted a site plan application on July 15, 1999 and has provided drawings which enable an initial review of the proposal. Since then, the applicant has submitted revisions to the site plan application.

Discussion:

4.0Issues:

The following is a discussion of the issues arising from the July 15, 1999 site plan application.

4.1Transportation Certification:

The D.2 Plan requires applicants proposing developments which exceed 5,000 square metres in gross floor area to submit a traffic certification report. The applicant's traffic studies have been reviewed by the Transportation Section of Works and Emergency Services and are not acceptable.

Transportation staff have advised that this proposal is not supportable as the applicant has not demonstrated that they are able to achieve either of the following functional section requirements:

_The Anndale Drive extension to the intersection of Yonge Street and Poyntz Avenue, or

_The widening of Avondale Avenue to a five-lane cross-section from Yonge Street to Bales Avenue and a four-lane cross-section from Bales Avenue to Tradewind Avenue.

These functional section requirements are intended to be achieved through the redevelopment of the Willowdale Plaza-Sun Life site at Yonge Street just south of Sheppard Avenue, and the Wittington Properties and Bales Estate lands on the south side of Avondale Avenue.

Transportation staff advise that if this proposal is reduced to 356 residential units, the traffic could only be accommodated with the interim widening of Avondale Avenue from Tradewind Avenue to Yonge Street to provide a four lane cross-section (see Schedule "I").

Section 14.2.1 of the D.1 Plan includes a policy that where a development proposal requires a functional road section, no zoning by-law amendment is to be enacted to permit the new development until the functional section has been secured by the City. As the applicant is not able to obtain either of these functional sections, this application should be refused.

4.2Lands Required for Roads:

The subject site includes lands required for future road extensions which are to be conveyed to the City. OPA 393, as approved by the Ontario Municipal Board and as shown in the approved Environmental Study Report Addendum (see Schedule "H"), includes a Service Road (extension of Anndale Drive) west to Yonge Street. In addition, Bales Avenue is to be extended northward. OPA 393 includes a policy that the lands required for the Downtown Service Road are to be acquired by or conveyed to the City prior to rezoning or concurrent with site plan approval. While this policy as it applies to this site and the adjacent lands south to Avondale Avenue, has not been approved, it is the City's position that this policy should apply to this site. The policy outlines the City's conveyancing requirements that have been standard practice for all developments in the North York Centre for the past ten years. This matter will be before the Board at the November hearing.

4.3Density Increase Implications:

As stated above, the applicant is proposing a density of 4.5 FSI over the entire site. The applicant proposes to consolidate the density for this entire site on a parcel of land south of the Anndale Drive extension and east of the Bales Avenue extension. The remnant parcel north of the Anndale Drive extension would be stripped of its density.

The area in the Downtown south of Sheppard Avenue and east of Yonge Street has been the subject of numerous studies including Environmental Study reports and OMB decisions as to the appropriate level of development and the needed infrastructure to service development. In considering the appeals of the landowners in this area at the OPA 393 OMB hearing, the Board in their review of the planning and transportation issues of this area concluded that this site should be included within the Downtown with a maximum density of 3.5 FSI.

The D.2 Plan assigns the site a density of 1.5 FSI with provisions to increase the density to 3.5 FSI provided the proposal meets the Community Impact Criteria set out in the Plan. The current proposal does not meet all of the Community Impact Criteria, in particular, traffic certification.

Section 10 of the D.1 Plan (Downtown and Uptown: General Concept and Objectives) sets out policies dealing with amendments to this Plan which indicate that the numeric limits with respect to density are considered to be absolute. Any general change in the densities of the Downtown should be preceded by a larger review of the Plan. The applicant's proposal at a density of 4.5 FSI for this interior parcel with access constraints is premature without a further review of the effects of increasing the densities for lands located within the Downtown that are south of Sheppard Avenue and east of Yonge Street. Any increase in the density for the subject site could lead to similar requests for density increases to other lands in the Yonge-Sheppard south-east quadrant.

Conclusions:

During the past year, the applicant has submitted numerous revised plans and drawings. Based on the July 15, 1999 site plan application, the applicant is seeking to amend the Official Plan and zoning by-law and requests site plan approval, to permit two residential buildings (21 and 24 storeys) with 458 dwelling units. The proposal requires a functional road section which the applicant cannot provide. Therefore, the proposal should be refused. Also, the proposal exceeds the density limit of 3.5 FSI of the D.2 Plan, as amended by OPA 393, and until a review of the effects of increasing densities for the lands in the area south-east of Yonge Street and Sheppard Avenue is undertaken, this proposal for an increase in density is premature.

The City Solicitor should be instructed to appear before the Ontario Municipal Board to defend the refusal of this application and to advise the Board that any amendment to the zoning by-law and site plan approval be subject to the provisions set out in this report.

Rob Dolan

Director

Community Planning, North District

Schedules:

A1.Official Plan Map

B.Zoning Map

C.Site Plan

D.Elevations and Section

E.Landscape Plan

F.Clause 14 of OPA 393

G.Section 3.14.25 of OPA 393

H.Map 2.2 of Downtown Plan South of Sheppard Avenue Environmental Study Report Addendum

I.Comments from Works and Emergency Services (Transportation Services Division) September 28 and September 8, 1999

J.Comments from Works and Emergency Services (Technical Services Division) September 13, 1999

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