STAFF REPORT

October 19, 1999

To: Toronto Community Council

From: Acting Commissioner of Urban Planning and Development Services

Subject: Final Report on Application No. 797001 on the Downtown Chinatown Initiatives and the Official Plan and Zoning By-law amendments for Spadina Avenue between Dundas Street West and Queen Street West

(Ward 24 - Downtown)

Purpose:

This report offers a framework to assist the development of a strategy for the Chinatown area in downtown Toronto. It focuses on six matters that the City of Toronto, property owners, businesses and area residents in the Chinatown area have been working on during the last two years. These are: physical appearance; promotion of the area; street marketing; parking and loading; garbage and recyclable material collection services; and, the appropriate zoning of Spadina Avenue between Queen Street West and College Street. This report discusses the progress of these initiatives. It also recommends that the Official Plan and Zoning designations for Spadina Avenue between Dundas Street West and Queen Street West be changed from "General Use Area" to include residential uses and that the zoning designation be changed from industrial/commercial to commercial/residential uses.

Financial Implications and Impact Statement:

There are no financial implications resulting from the adoption of this report.

Recommendations:

It is recommended:

1. That the City Solicitor submit a draft by-law to amend Section 19.14 of the Official Plan of the former City of Toronto, substantially as follows, by:

(i) amending Section 4.3 by re-titling the Section as "Medium Density Mixed Commercial Residential Area "A"";

(ii) deleting Section 5 and replacing it with a new Section 5 as follows:

"Section 5 - Medium Density Mixed Commercial Residential Area "B"

5.1 General Character

Mixed Commercial Residential Area B shall be regarded as a stable neighbourhood, comprising a mix of residential, commercial and institutional land uses. New construction and reuse of existing buildings should include a mix of uses of which one should be residential. Several buildings of architectural and heritage merit exist, and measures should be explored to retain these structures by way of adaptive re-use or incorporating them into redevelopment plans.

5.2 Density

In Medium Density Mixed Commercial Residential Area B, Council may pass by-laws to permit buildings having a maximum total gross floor area as follows:

(a) buildings containing residential uses only, up to a maximum of 4.0 times the area of the lot; or

(b) buildings containing only non-residential uses, up to a maximum of 2.5 times the area of the lot; or

(c) buildings containing a mix of residential and non-residential uses, up to a maximum of 5.0 times the area of the lot, provided the amount of gross floor area used for both residential and non-residential purposes does not exceed the amounts set out in paragraphs (a) and (b) respectively.

5.3 Privacy

Section 3.17 of the Part I Official Plan concerning privacy standards, shall be adhered to in considering the re-use of existing buildings or in designing new construction.

5.4 Noise Levels

Section 2.25 of the Part I Official Plan concerning undesirable noise levels should be considered in any residential development, alone or in combination with non-residential uses.

5.5 Streetscape and Open Space

New developments should provide comprehensive streetscape and open space improvements to both the public and private realm. These improvements should take into consideration opportunities to enhance access and safety for pedestrians.

5.6 Heritage

(a) Council shall encourage the retention, conservation and rehabilitation of existing heritage buildings at 241 and 247 Spadina Avenue. Measures Council may employ include the passing of by-laws to provide relief to parking and loading standards for heritage buildings to encourage the adaptive re-use of such buildings.

(b) New construction should reflect the context of adjacent heritage structures through elements such as height, massing, scale, setbacks, profile and expression of architectural character."

(iii) deleting Map A and replacing it with Map 4 as appended to this report.

2. That the City Solicitor submit a draft by-law to amend the Zoning By-law of the former City of Toronto (438-86), substantially as follows:

(i) by amending Map 50H-311 and Map 50H-312 by redesignating the area zoned IC D5 N1.5 along Spadina Avenue south of Dundas Street West, as a "CR T5.0 C2.5 R4.0" zone;

(ii) by inserting two exceptions in Section 12(1) as follows:

12(1)___ to prevent at the municipal addresses known in 1999 as 241 and 247 Spadina Avenue, from complying with the parking and loading requirements set out in Section 4(5), provided the existing parking and loading facilities on the lot are maintained.

12(1)___ to prevent in the area shown on Map 7 attached hereto, the erection of a building or structure within the area designated as CR T5.0 C2.5 R4.0, from complying with the provisions set out in Section 8(3) PART II 4(c)(iii), provided such building or structure is contained within an angular plane of 45 degrees measured from an elevation of 24 metres above the average elevation of the ground along the rear property line.

3. That Urban Planning and Development Services staff, in conjunction with staff from other departments, continue working with the Ward Councillors, Business Associations, Residents' Associations, and area residents to implement the initiatives of this report.

Background:

Toronto's Downtown Chinatown, as shown on the attached map No. 1, has enjoyed impressive economic growth over the years, but its very success has created problems that threaten its ability to compete with other commercial areas, including the other "Chinatowns" in Agincourt, the former City of Scarborough, East Chinatown, etc. The local business community wants to restore Chinatown's former economic and social vitality, and in turn make a significant contribution to Toronto's local economy.

In a report entitled "Proposals: Chinatown Initiative (Downtown)", dated February 2, 1998, Planning staff began a review of issues affecting the area and established a framework to assist the development of a strategy for rejuvenation. This initiative focused on six matters that require joint efforts by the City of Toronto, property owners, and businesses in the Chinatown area. The key issues which have been the subject of much discussion in the community and two well attended public meetings focused on physical appearance, promotion of the area, street marketing, traffic, parking and loading, garbage and recyclable material collection services, and the appropriate zoning of Spadina Avenue between College Street and Queen Street West.

Comments:

1. Current Status

1.1 Physical Appearance

Downtown Chinatown is very successful in many respects. Toronto's Downtown Chinatown has established itself along Dundas Street West and Spadina Avenue and has flourished over the years to remain one of the main tourist attractions in the City of Toronto. Merchants in the area, however, are concerned about the future economic vitality of Chinatown. Business owners and area residents are concerned about the image and the physical condition of building facades and cluttered sidewalks.

Planned physical improvements have occurred in the area and the Spadina LRT has been completed and is in full operation. Streetscape improvements have been developed over the last few years on Dundas Street West and Spadina Avenue as a result of the Spadina LRT construction. A number of physical improvements such as trees, lighting, sidewalk improvements and impressive art pieces have been introduced in Downtown Chinatown. The zoning changes being recommended in this report will further contribute to the future economic revitalization of the area and to the physical improvements to the Spadina Avenue frontage.

The Toronto Chinatown Community Development Association or a new Chinatown B.I.A. (Business Improvement Area) could work in consultation with business owners, residents, the Ward Councillor and City staff to improve the image and the physical condition of the area. While recognizing shrinking public budgets, the Toronto Chinatown Development Association should develop a comprehensive strategy for the Downtown Chinatown area which proposes improvements to the unique marketing, tourist and pedestrian environment of Chinatown. This could follow with the encouragement of more public art which could delineate and create an entrance to the Chinatown area.

1.2 Promotion of the Downtown Chinatown Area

The Toronto Chinatown Community Development Association and area merchants believe that Toronto's Downtown Chinatown is unique and has to be strongly promoted as a shopping and tourist destination in order to be able to compete economically with other Chinatowns in the region. Chinatown is an important City economic asset and continued economic prosperity is necessary to maintain this asset. Economic revitalization and promotion are needed to improve retail activity. At the present time there is relatively little co-ordinated effort and given the area's history and international interest it is felt that more can be achieved to help in its promotion.

In order to accomplish various promotional activities, the Development Association and the merchants in Chinatown should continue with their efforts to form a BIA for Chinatown. They can then work towards a marketing strategy and promotional program to suit their needs. As part of the marketing and promotional strategy, they should involve surrounding business associations and different retailers in joint marketing efforts. Chinatown, Kensington Market, Queen Street West, Baldwin Village and other shopping areas in the City of Toronto should be promoted to residents and tourists by emphasizing uniqueness, diversity, quality and competitive prices. Local ethnic newspapers should be encouraged to participate in this endeavour.

1.3 Boulevard Marketing

One of the unique characteristics of Chinatown is an open market environment created through the use of the sidewalks for the sale and display of merchandise. The marketing displays enhance the culture of Chinatown which serves the community and is a tourist attraction. However, by virtue of the volume of pedestrians and merchandise being sold, it also results in congestion of pedestrian traffic and major accumulation of garbage which is stored daily at curbside. At times, merchandise spills over to occupy most of the sidewalk. This affects the image and the cleanliness of the area and limits pedestrian traffic. The sidewalks have to remain accessible to pedestrians, wheelchairs and strollers.

In an effort to deal with these issues the Works and Emergency Services Department has been working closely with Councillor Olivia Chow, various businesses and the Toronto Chinatown Community Development Association to develop a multi-phase strategy to clear up the City sidewalks and boulevards in the Spadina/Dundas area. The objective is to try and keep the sidewalks clean and free of garbage, maintain pedestrian flow and contain the merchandise within the licensed display areas to prevent unauthorized vending.

Part of this multi-phase strategy included the review of all licensed boulevard marketing locations on Spadina Avenue, between Queen Street West and Baldwin Street and Dundas Street West, between Spadina Avenue and Beverley Street. The review identified many licensed boulevard marketing locations which were selling merchandise unrelated to the use of the main business (i.e. a hardware store selling fruits and vegetables on the sidewalk). In addition, City staff identified licensed boulevard marketing locations where the licensed marketing impeded pedestrian traffic, given the width of sidewalk and the volume of pedestrians.

Where marketing impeded pedestrian flow, license holders have been notified by the City Clerk of the proposed reduction of their boulevard marketing areas.

City staff also notified license holders selling goods outside the licensed area and gave them an opportunity to bring their boulevard marketing areas into conformity with the provisions of Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code.

At this time these issues appear to be under control. However, City staff should continue to have walkabouts with local merchants to discuss specific issues and come to some resolution about where the limits of the display areas should be and enforce accordingly. City staff could speak to offenders as a group and explain the by-laws and the reasons for those by-laws to facilitate full co-operation.

The Toronto Chinatown Community Development Association or the new BIA, can also help with showing the local merchants a more efficient way of displaying goods and using posters for special promotions.

1.4 Traffic, Parking and Loading

Traffic and parking problems are the most visible symptoms of the conflicts which result from having a successful commercial strip on a major arterial road. The objectives of any transportation policy should be to reduce the level of congestion, to allow easy access of deliveries to stores, to minimize the conflicts between pedestrian and vehicular traffic, and to preserve the amenity of surrounding residential streets.

The constant objective is to create a traffic plan for Chinatown in such a manner as to encourage the efficient movement and access of commercial vehicles to retail stores in order to reduce the level of congestion. This area is well served by the TTC and the new LRT on Spadina Avenue. The area merchants should promote the availability of the TTC service in Chinatown and work with the TTC in enhancing streetcar schedules especially during any special events occurring in the area.

The area is also well served by public parking garages operated by the Parking Authority of Toronto. There are 4 public parking garages in the surrounding area with a total of 1072 parking spaces, not operating at full capacity. These include the Kensington Garage (450 spaces), the Bellevue lot (91 spaces), Dragon City (129 spaces) and Larch Street parking garage (357 spaces).

Given the availability of parking, customers and visitors to Chinatown should be encouraged to use these facilities. The shared cost method of paying for parking with the co-operation of the Parking Authority and the area merchants could also encourage people to park in the parking garages in the area. Security in the parking garages has been identified as an issue and further discussion should occur with the Parking Enforcement Unit of the Toronto Police Service. Increased use of the existing garages will provide additional public surveillance of these facilities and enhance safety.

The future usability of rear lanes will be secured through lane widenings as new development occurs.

1.5 Garbage and Recyclable Material Collection Services

The amount of activity in Chinatown, the high level of on-street parking in the area and, in certain cases, the lack of rear lane access to businesses, has led to certain servicing problems with respect to refuse disposal. With its many restaurants and green grocers Chinatown generates a great deal of garbage, especially organic material. There is very little space allocated to garbage and recyclable material storage.

Garbage collection is now provided seven days a week in Chinatown. A recent City Council policy requires the merchants receiving garbage collection at a greater frequency than twice a week to pay an additional fee for that service.

After the night collection activities and litter collection, City staff carry out extensive street cleaning activities both on Spadina Avenue and Dundas Street West and by 7 a.m. both streets are generally in good condition. Cleaning activities include pressure washing of problem areas on the sidewalks. City staff will continue to work with the Councillor's office and local business owners and residents to improve garbage set out arrangements to reduce leakage and littering. This effort will require stringent enforcement and compliance with the City's by-laws. The necessity of general cleanliness needs to be promoted to all merchants. By working co-operatively the overall cleanliness of the City can be improved to the benefit of all residents.

2. Official Plan and Zoning By-law Review for Spadina Avenue Between College Street and Queen Street West

2.1 Study Area

The study area under review includes Spadina Avenue between Queen Street West and College Street. (Refer to Map 1). The intent of this initiative is to assess the appropriateness of the present planning objectives for this area as expressed in the Official Plan and zoning designations, and to introduce more flexibility in the land use policies for this portion of Spadina Avenue, where appropriate.

2.2 Background

In the past it has been the policy of Council to encourage the retention of existing industrial uses and, in particular, garment related industrial uses along this portion of Spadina Avenue. This has resulted in buildings which are predominantly industrial in character. The Part II Plan requires that residential or mixed residential-commercial developments be permitted only by way of rezoning, in order to determine the impact on such developments on industry and to examine their physical and environmental compatibility with adjacent industrial uses.

However, buildings north of Queen Street West on Spadina Avenue display similar characteristics to many buildings in King/Spadina, before the implementation of new planning controls, such as a high vacancy rate in formerly industrial buildings. Also, this area of Spadina Avenue between Queen Street West and Dundas Street West is now the only area adjacent to the Central Core where residential uses are not permitted as of right.

2.3 Current Planning Controls

2.3.1 Study Area "A": Spadina Avenue north of Dundas Street West to College Street

Spadina Avenue between Dundas Street West and College Street is designated Low Density Mixed Commercial-Residential Area D and D(1) in the South East Spadina Part II Plan. This designation encourages mixed - use development incorporating a balance of commercial and residential components. It allows for residential uses up to 2 times the area of the lot; buildings containing only commercial or institutional uses up to a maximum non-residential gross floor area of 2 times the lot area; or buildings containing a mix of residential, commercial, and/or institutional uses to a density of 3 times the lot area, provided that the non-residential gross floor area does not exceed 2 times the area of the lot and the residential gross floor area does not exceed 2 times the area of the lot.

This area is zoned CR T2.5 C2.0 R2.0 by By-law 438-86, as amended. This zoning permits a building having a gross floor area of not more than 2.5 times the area of the lot, provided the commercial component cannot exceed 2 times the area of the lot, and the residential component cannot exceed 2 times the area of the lot.

2.3.2 Planning Issues

At the April 21, 1999 Public Meeting it was suggested to Planning Staff that they should not restrict the zoning study to Spadina Avenue south of Dundas Street to Queen Street West, but include the northern portion of Spadina Avenue from Dundas Street West to College Street. It was felt that there could be development opportunities if the zoning designations were changed for the area. Planning staff took the comments into consideration, compiled land use information on the existing properties and reviewed the sites and adjacent areas carefully.

At the present time the zoning of CR T2.5 C2.0 R2.0 allows for mixed-use buildings to have a total gross floor area of 2.5 times the area of the lot and a height limit of 18 metres. The approximate existing average density in this portion of Spadina Avenue is 1.72 times the lot area. In the last few years development on this portion of Spadina Avenue has generally occurred within this zoning designation. The only rezoning was at 436 Spadina Avenue and 8 Oxford Street. This was a land assembly of two properties with different zoning designations and the development went through a lengthy consultation process and review by Planning Staff.

Upon careful review of the area staff concluded that there are only a few sites that could be developed at higher densities than the current zoning permits. The objective is to maintain the character of the street, with small scale mixed-use development which is compatible with the adjacent residential neighbourhoods of Kensington Market and South-East Spadina. At this time, it is not desirable to encourage land assembly on this portion of Spadina Avenue. The present zoning appears to be appropriate for the area and so does the height limit. Anticipated development on this portion of Spadina Avenue can be accommodated within the existing height limit. It recommended that the existing zoning and Official Plan designations remain as they currently exist for this portion of Spadina Avenue. Any development which does not comply with the zoning for the area should undergo a zoning review and public consultation process.

2.3.4 Study Area "B": Spadina Avenue south of Dundas Street West to Queen Street West

This portion of Spadina Avenue is designated as a General Use Area in the South-East Spadina Part II Plan. This designation allows up to five times coverage provided that the gross floor area of the commercial and/or institutional uses does not exceed two times the area of the lot. Residential uses are permitted up to a maximum residential gross floor area of 2.5 times the area of the lot. Prior to passing by-laws to permit buildings containing residential uses alone or in combination with commercial and/or institutional uses, there are certain conditions which must be satisfied as outlined in Section 5.5 of the South-East Spadina Part II Plan. These conditions refer to the advisability of retaining existing industrial uses; potential impacts on the compatibility of neighbouring uses; the development of a satisfactory residential environment; adequate vehicular and pedestrian access; and adequacy of community services to serve the increased population which will result from new development.

This area is zoned IC D5 N1.5 by By-law 438-86, as amended. This zoning permits an industrial building having a gross floor area of not more than five times the area of the lot, and the commercial component cannot exceed 1.5 times the area of the lot. Residential uses are not permitted under this zoning designation.

2.3.5 Planning Issues

This portion of Spadina Avenue appears to be suitable for the introduction of residential permissions as of right. The areas on either side of Spadina Avenue are established residential neighbourhoods, and because of the commercial/residential nature of the Chinatown area, most of the private and public services required by residents are already available. Three mixed-use buildings already exist on this section of Spadina Avenue and they appear to be functioning well. New opportunities for redevelopment and re-investment in this portion of Chinatown are possible. The introduction of residential permissions and mixed development, including compatible existing industrial uses, can provide a diversity of options and support existing services such as the new LRT on Spadina Avenue. As the City's population grows, opportunities must be provided for more people within a more compact environment. The greater the number of people that work, play and live close to the downtown, the livelier, safer, healthier, more interesting and sustainable our City will be. This area should continue to provide excellent opportunities for a range of activities important to the economic, cultural and social life of the City of Toronto.

3.0 Density and Built Form

City staff prepared massing studies to consider the implications of allowing various densities on the properties fronting on Spadina Avenue between Queen Street West and Dundas Street West. These studies assessed the ability to accommodate additional density by either building out the entire site area or by adding height to the existing buildings. The studies also analysed the implications of applying various height limits to these densities.

Maintaining the 28 metre height limit is recommended because it reflects a reasonable height for the width of Spadina Avenue, while still allowing for redevelopment of the under-utilized sites in the area. It is slightly higher than the typical height of the existing older multiple storey commercial/industrial buildings on this section of Spadina Avenue, but it is lower than the tower component of the 3 newer buildings. This achieves a stepping down in height from 39 metres along Spadina Avenue south of Queen Street West to the 18 metre height limit north of Dundas Street West. It will encourage the retention of the existing commercial/industrial buildings by permitting residential conversion with the addition of 1 to 2 floors depending on the current height of the building. It is also recommended that a 45 degree angular plane starting at 24 metres from the rear property line be introduced on this portion of Spadina Avenue. Currently, existing buildings are in the 24 metre height range and the angular plane requirement will limit the impact of future development on adjacent residential areas.

For the most part, buildings in this area are built at 5 times coverage, or can reach 5 times coverage by adding to the existing floor plate within the 28 metre height limit. The buildings which exceed the 28 metre height limit with 5 times coverage generally have a smaller footprint. These buildings have room for additions or would be demolished and replaced with a new building which could accommodate the density within the 28 metre height limit. Maintaining the 5 times coverage and the 28 metre height limit and expanding the uses to allow residential uses should meet the articulated need of property owners, merchants and area residents and at the same time not compromise the built form of the area.

In the King/Spadina area, directly to the south, height is limited to 16 metres along Queen Street West. Additional height is permitted on Spadina Avenue, but only south of the corner properties. This precedent of lower heights along Queen Street should be continued on the north side in order to achieve a consistent treatment and to provide definition to both the Chinatown and King/Spadina communities.

4.0 Light, View and Privacy Standards

Light, view and privacy standards are critical issues when adding residential uses to an existing built-up area. It is imperative that new buildings achieve a harmonious relationship with their built form context through consideration of such matters such as, but not limited to, building height, massing, scale, setbacks, roof line and profile, relationship to heritage buildings and architectural character and expression. Existing height, view and privacy requirements for CR (commercial/residential) areas will be applied to this area.

5.0 Parking, Loading and Servicing

In order to advance the revitalization efforts in the Chinatown area and to facilitate investment, some departures from the parking provisions of the Zoning By-law may be required. The proposed parking and loading strategy for the area between Dundas Street West and Queen Street West (Map 5) is as follows:

a) Historically Designated Buildings would be exempted from any parking and loading standards regardless of use. Listed buildings would not be exempted from the provisions of the Zoning By-law with respect to parking and loading spaces. There are 2 designated buildings on this portion of Spadina Avenue. (Refer to Map 6)

b) Other existing (i.e. not designated ) non-residential buildings which are converted to residential use would be subject to the current parking and loading requirements of the Zoning By-law.

However, there currently are a number of as-of-right options as to how parking could be provided. Parking could be located on site; within 300 metres of a site; in parking stackers; in a collective parking area; or in a pooling of spaces on two or more sites.

Where all other potential solutions have been exhausted, consideration would be given to further relaxing the parking supply requirements to encourage public transit use and use of the existing public parking garages in the area containing over 1000 parking spaces.

The loading requirements should not be altered because a deficiency in loading facilities could have a negative impact on the functioning of a building and its adjacent public realm. However, each development would be dealt with on a site-by-site basis to address the refuse collection requirements.

In summary:

a) New developments and additions to buildings (including those which are historically listed) would be subject to the parking and loading requirements of the Zoning By-law.

b) In any construction, required parking should be supplied in underground garages or behind buildings.

c) Live/Work units would be subject to the parking and loading requirements of the Zoning By-law.

Conclusions:

City Staff and the Ward Councillor have been working with Chinatown business owners and residents groups to resolve issues related to street vending, traffic, parking and loading, garbage removal and street cleaning, and promotion of the area as a tourist destination. These issues were also discussed at two community meetings. This report provides a status update on these issues, and recommends that this work continue.

The report also proposes amendments to the South East Spadina Part II Plan and the relevant provisions of the Zoning By-law for Spadina Avenue, between Dundas Street West and Queen Street West, to permit residential uses as of right.

Contact:

Susanne Pringle

Senior Planner

Telephone: (416) 392-0413

Fax: (416) 392-0580

E-Mail: springle @toronto.ca

Beate Bowron

Director, Community Planning, South District

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797001

List of Attachments:

Maps (7)