CITY OF TORONTO

URBAN DEVELOPMENT SERVICES

195011

CP/East

Gregg Lintern

392-7333

March 7, 1997

To:City of Toronto Land Use Committee

Subject:Final Report: Application No. 95011 for 130 Gerrard Street, 337 Jarvis Street and 12, 14, 16 and 18 Horticultural Avenue to amend the Official Plan and Zoning By-law (Ward 6)

Origin:Mary L. Flynn-Guglietti, Goodman and Carr, Barristers and Solicitors, Suite 2300, 200 King Street West, Toronto, Ontario M5H 3W5 on behalf of Toronto Baptist Seminary and the Trustees of the Jarvis Street Baptist Church, 130 Gerrard Street East, Toronto, M5A 3T4. (p:\1997\ug\uds\pln\lu971047.pln) - tm

Recommendations:

1.That the City Solicitor be requested to submit a draft by-law to amend the City's Zoning By-law as it affects the site at 130 Gerrard Street East, 337 Jarvis Street and 12, 14, 16 and 18 Horticultural Avenue, shown on Map 1, so as to:

a)permit a "private academic, philanthropic or religious school";

b)permit up to 6600 square metres of non-residential and residential gross floor area on the lot for the existing place of worship and accessory uses located in a building at 130 Gerrard Street East, dormitory uses located in the houses at 12 - 18 Horticultural Avenue and religious school uses located in the building at 337 Jarvis Street; and

c)permit the existing built form of the church building including the height of the existing architectural elements where they exceed the permitted height of 12.0 metres.

2.That prior to the public meeting on the draft by-laws, this Final Report be forwarded to the Planning Advisory Committee for consideration.

3.That prior to the introduction of the Bill in Council, the applicant shall provide written confirmation to the City Solicitor that, subject to the adoption and coming into force of the Zoning By-law amendment recommended in No. 1 above,:

a)Application 195011 to amend the Official Plan and Zoning By-law will be withdrawn;

b)Cityplan (Official Plan and Zoning By-law) and the site-specific Zoning By-law appeals now before the Ontario Municipal Board will be withdrawn;

c)the owner will not object to the designation of 337 Jarvis Street and 130 Gerrard Street East under the Ontario Heritage Act.

Comments:

1.0 Background

At its meeting of October 19, 1995, the Land Use Committee adopted the Preliminary Report on Application No. 195011 to amend the Official Plan and Zoning By-law to permit the existing church and an additional new building containing dormitory and seminary uses on the site at the northeast corner of Jarvis and Gerrard Streets - 130 Gerrard Street East, 337 Jarvis Street and 12, 14, 16 and 18 Horticultural Avenue. The matter was referred to the Planning Advisory Committee to hold a public meeting in the community.

The Planning Advisory Committee held a meeting on January 17, 1996 attended by approximately 90 members of the public. The minutes of the public meeting are attached as Appendix A. The issues discussed focussed on the impact of the redevelopment on Allan Gardens to the north, the role of the church in the community, built form and development, zoning and heritage. The majority of area residents objected to the proposal.

Subsequently, on July 16, 1996, following discussions between the applicant's solicitor, Ward 6 Councillor Kyle Rae and planning staff, the applicant submitted a letter to the City proposing that the Official Plan and Zoning By-law amendment application be withdrawn. The applicant's solicitor proposed that appropriate Official Plan and Zoning By-law amendments be made to permit the existing seminary use, the existing height and density of the seminary use and the height of the church.

This report responds to this proposal and recommends acceptance as a means to resolve this application and related appeals in an appropriate manner. The proposed resolution set out in this report will also assist the City and the applicant on April 1, 1997 when the Ontario Municipal Board reconvenes to consider outstanding Cityplan appeal matters.

2.0Official Plan and Zoning By-law

2.1Existing

The subject lands are designated Medium Density Mixed Commercial Residential Area and Medium Density Residence Area in the Part I Official Plan. The South of Carlton Part II Plan, which prevails over the Part I Plan, designates the lands Medium Density Residence Area. The Medium Density designation permits up to 2.0 times the area of the lot for residential uses.

The existing zoning is R3 Z1.0 with a height limit of 11.6 metres.

2.2Cityplan Amendments

Cityplan amended the Part I Plan designations to bring them into conformity with the Part II Plan designation of Medium Density Residence Area.

Respecting the Zoning By-law, Cityplan amended the height limit to 12.0 metres but did not otherwise amend the zoning of the site.

3.0 Appeals

The owner of the subject site appealed the above noted Cityplan amendments on August 17, 1993. The owner appealed their site-specific Zoning By-law amendment application on May 17, 1995.

4.0Planning Considerations

The following planning considerations have been taken into account in reviewing the proposed resolution of this matter:

a)The existing uses including the church, the attached accessory building, the seminary housed at 337 Jarvis Street and the associated dormitory uses in the houses at 12-18 Horticultural Avenue all for religious and religious school purposes do not present any adverse impact on Allan Gardens from a land use or built form perspective due to the residential character and existing massing of the buildings, their historic characteristics and the relatively low intensity of the land use.

b)The existing Zoning By-law designation permits 1.0 times the area of the lot while the Official Plan permits up to 2.0 times the area of the lot for residential uses. The following table sets out existing densities:

Address:Site Area:Existing Gross Floor Area:Density:

m2m2

130 Gerrard Street2561.8 5644.52.2

337 Jarvis Street 947.5 273.10.3

12 - 14

Horticultural Ave. 696.7 676.71.0

Aggregate Totals4206.06594.31.6

(Note that all site areas and existing gross floor areas of all buildings except 130 Gerrard Street were obtained from the City's Land Use Information system. Existing gross floor area of 130 Gerrard Street was provided by the applicant. The applicant's survey shows an aggregrate site area of 4,167m2, 38m2 less than the City's figure. This however does not affect the density in a measurable way.)

On an aggregate basis, the density permitted by the Zoning is exceeded while the Official Plan limit is not. The church and addition located at 130 Gerrard exceed both the Zoning and Official Plan.

Given that this is an existing condition, that there is on site parking, that open space is provided on Jarvis Street and that the buildings at 337 Jarvis Street and 130 Gerrard Street are of significant heritage value, the existing density is considered acceptable to permit on an as-of-right basis in the Zoning By-law.

c)The site and situation present considerable impediments to be overcome in order to achieve redevelopment including the tight size of the site between the existing church and the park, the constraints of buildings listed as historic on the City's Inventory and the adjacency to Allan Gardens and potential adverse impacts on Allan Gardens which may result from redevelopment. From a built form perspective, the most desirable solution would be to maintain the existing situation.

d)The Toronto Historical Board has recommended to the Neighbourhoods Committee that 337 Jarvis Street (built 1849-50) and 130 Gerrard Street East (built 1874-75) be individually designated under Part IV of the Ontario Heritage Act for architectural and historic reasons. The buildings are significant examples of 19th century Toronto development and history.

The preservation of these buildings will be served through the recognition of their existing use and density in the regulatory framework for the site.

e)Issues raised at the community meeting and opposition to redevelopment on this site would be addressed by recognizing the existing uses and density on the site as an alternative to pursuing redevelopment.

I am of the view that permitting the existing uses and density as-of-right is appropriate and desirable for the use of the land. In consideration of the significant issues raised at the community meeting and concerns expressed in the Preliminary Report, the applicant's proposal to permit the existing uses on the lands as-of-right is preferable to redevelopment.

5.0Implementation

An Official Plan amendment is not required for this application as the uses which can be described as a "church" and "other religious institution" (religious seminary and dormitory) are permitted under the definition of "residential" in the Part I Official Plan and this site is designated as a residence area. The proposed aggregate site density of 1.6 times the lot area or 6594.3 square metres of gross floor area (rounded up to 6600 square metres) is within the permitted 2.0 times the lot area under the Medium Density Residence Area designation.

A Zoning By-law amendment is required to:

a)permit a "private academic, philanthropic or religious school";

b)permit 6600 square metres of non-residential and residential gross floor area for the existing church building and existing addition at 130 Gerrard Street East, the houses at 12 - 18 Horticultural Avenue and the building at 337 Jarvis Street; and

c)permit the built form of the church including the height of existing architectural elements where they exceed the permitted height of 12.0 metres.

I am recommending that prior to consideration of draft by-laws, that this report be considered by the Planning Advisory Committee, notwithstanding that an Official Plan Amendment is no longer contemplated, as this matter was subject to a community meeting chaired by the Planning Advisory Committee.

Subject to the coming into force of a Zoning By-law amendment as set out above, I am recommending that the applicant undertake in writing to withdraw the redevelopment application, the Cityplan and site-specific appeals now before the Ontario Municipal Board and that the applicant not object to the designation of the buildings at 337 Jarvis Street and 130 Gerrard Street East under the Ontario Heritage Act.

Conclusion

I am recommending a resolution of this application and related appeals. Both the applicant's desire to have as-of-right zoning permission for the existing religious institutional uses, the built form and the density on the site and the concerns expressed with respect to the potential adverse impact of redevelopment on this site have been suitably addressed.

John Morand

Commissioner

APPLICATION DATA SHEET

Site Plan Approval:	N		Application Number:	195011
Rezoning:	Y		Application Date:	March 3, 1995
O. P. A.:	Y		Date of Revision:

Confirmed Municipal Address:130 Gerrard St. E., 337 Jarvis St. and 12, 14, 16, and 18 Horticultural Av.

Nearest Intersection:	On the north-east corner of Gerrard St E. and Jarvis St.
Project Description:	To make a site specific amendment to the Official Plan and Zoning By-law 425-93 in order to accommodate redevelopment of the lands for church and seminary uses.

Applicant: Goodman & Carr 200 King St. W., Ste. 2300 595-0567

Agent: Goodman & Carr 200 King St. W., Ste. 2300 595-0567

Architect: F.J. Reinders & Assoc. 201 County Court Blvd. 457-1618

PLANNING CONTROLS (For verification refer to Chief Building Official)

Official Plan Designation:	Medium Density Residence Area	Site Specific Provision:	No
Zoning District:	R3 Z1.0	Historical Status:	Listed (see comments)
Height Limit (m):	12.0	Site Plan Control:	Yes

PROJECT INFORMATION

Site Area:	4167.5 m2		Height:	Storeys:		7 + Basement
Frontage:	80.1 m			Metres:		23.36
Depth:	52.2 m
				Indoor		Outdoor
Ground Floor:	1981.6 m2		Parking Spaces:	53
Residential GFA:	2412.7 m2		Loading Docks:
Non-Residential GFA:	7526.2 m2		(number, type)
Total GFA:	10368.4 m2