STAFF REPORT

November 15, 1999

To: Toronto Community Council

From: Acting Commissioner of Urban Planning and Development Services

Subject: Final Report - Yonge-St. Clair Part II Plan Study Review - Official Plan and Zoning By-law Amendments for the Yonge-St. Clair Planning District

(Midtown)

Purpose:

To recommend approval of a Yonge-St. Clair Part II Plan, to guide future development in the District, with related amendments to the former City of Toronto Part I Plan, Generalized Land Use Map and Mixed Commercial-Residential Density Maps and to the Zoning By-law.

Financial Implications and Impact Statement:

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

Recommendations:

It is recommended that:

(1) The City Solicitor be requested to submit a draft by-law to give effect to an amendment to the Official Plan respecting the Toronto Community (the former City of Toronto) for the Yonge-St. Clair Planning District (hereafter referred to as "the District"), substantially as set out below:

(a) Amend Map 1, the Generalized Land Use, of the Official Plan for the former City of Toronto ("the Part I Plan") only for the District, deleting existing designations and substituting the designations shown on Map 1, attached as Appendix B to this report.

(b) Amend Map 1B, the Mixed Commercial-Residential Density, Density Maximums and Mixing Formula, of the Part I Plan for the District, adding areas 21 and 31 shown on Map 1B, attached as Appendices C and D to this report.

(c) Amend Section 19.7 of the Official Plan for the former City of Toronto by deleting the existing Yonge-St. Clair Part II Plan and adopting in its place, Appendix A to this report, the Yonge-St. Clair Part II Plan.

(2) The City Solicitor be requested to submit a draft by-law to amend the former City of Toronto's Zoning By-law (438-86 as amended) being "A By-law To Regulate the use of land and the erection, use, bulk, height, spacing of and other matters relating to buildings and structures and to prohibit certain uses of lands and the erection and use of certain buildings and structures in various areas of the City of Toronto", substantially as follows:

1. (1) No person shall erect or use a building or structure on a lot having frontage on the east side of Yonge Street from the south side of Heath Street West to a point 31.3 metres south of Shaftesbury Avenue having any part of the building or structure closer to the front lot line than 3 metres except:

(i) where the building or structure was erected prior to the adoption of City of Toronto By-law 17280 in 1949;

(ii) where the building or structure was exempted from City of Toronto By-law 17280 or Metropolitan By-laws 155-70 or 245-77;

(iii) where lands were previously dedicated to the City of Toronto under the said By-laws 17280, 155-70 or 245-77, in which case the lands so dedicated shall be used in reducing the 3 metre setback; or

(iv) for an addition/renovation to the existing building, which does not increase the height of the building, on lands known municipally in 1999 as 1331 Yonge Street.

(2) (i) Section 12 (1), exception 127, of By-law No. 438-86 is amended by deleting the phrase "of a physician, a dentist, a lawyer, a chartered accountant, an architect, an engineer and an Ontario land surveyor"; and

(ii) Section 12 (1), exception 201, of By-law No. 438-86 is amended by deleting the phrase "of a physician, a dentist, a lawyer, a chartered accountant, an architect, an engineer, an Ontario Land Surveyor and an optician solely engaged in the practice of filling contact lenses".

(3) Section 12(2), exception 260, of By-law No. 438-86, is amended by:

(i) adding to the CHART, under COLUMN A, COLUMN B and COLUMN C, the following numbers:

COLUMN A COLUMN B COLUMN C

MAP SYMBOL BASE HEIGHT AT LOT LINE ANGLE

(at the end of AND POINT AT WHICH ANGULAR (degrees)

this exception) PLANE IS MEASURED (in metres)

10 13 44

11 30 60

(ii) by adding a new MAP 5, attached as Appendix E of this report.

2. For the purposes of this By-law each word or expression, which is italicized herein, shall have the same meaning as each such word or expression as defined in By-law No. 438-86, as amended.

Background:

1. Reasons for the Review of the Part II Plan

In my report dated April 13, 1999, I detailed the reasons for the review of the Part II Plan for the Yonge-St. Clair District. In summary, the review addressed:

- the relationship of the Part II Plan to the Official Plan for the former City of Toronto (the Part I Plan);

- design guidelines for new development along Yonge Street; and

- the appropriateness of selected Part II Plan policies in light of current conditions.

In part, the review was undertaken because of the difference in age between the existing Part II Plan for the District (1976) and the Part I Plan for the former City of Toronto (1994), the level of detail in the Part I Plan, the need for better guidance for the design of new development in the District, particularly along Yonge Street, and the relevance of selected policies, such as the limit on office development in the District.

2. Authorization

Council of the former City of Toronto, on February 3, 1995, adopted recommendations of the Land Use Committee, contained in Report No. 2, Clause No. 2, which approved the Terms of Reference for the Yonge-St. Clair Part II Plan review.

Comments:

3. Proposed Yonge-St. Clair Part II Plan

3.1 Overview of the Part II Plan

The proposed Part II Plan for the District, attached as Appendix A to this report, would, for ease of amendment, replace the existing Part II Plan in its entirety. Despite this complete replacement, the proposed Part II Plan retains many of the policy directions of the existing Plan, either as part of the proposed Plan, or through relocation of policies or designations to the Part I Plan. In my April 13, 1999 report, I described the existing Part II Plan policies to be retained or relocated. In summary, policies to be relocated to the Part I Plan include:

- the land use schedule

- two site specific policies, and

- density limits in Mixed Commercial/Residential Areas.

In that same report, I also described existing Part II Plan policies duplicated in the Part I Plan. Such duplicate policies, which include non-conforming uses, community resources and parks, ravines and open spaces, are to be eliminated and removed from the Part II Plan.

The proposed Part II Plan includes new policies which:

- recognize development which has occurred since the adoption of the 1976 Part II Plan;

- provide design guidance, setbacks and sunlight requirements for redevelopment areas, particularly along Yonge Street and in two areas south of Heath Street - east and west of Yonge Street;

- provide more detailed Natural Area and Environmentally Sensitive Area policies;

- recognize the escarpment/Lake Iroquois shoreline in the District; and

- strengthen residential area policies.

3.2 Changes to the Part II Plan Land Use Schedule

The changes to the Generalized Land Use Map reflected in Appendix B of this report - Map 1 and described in detail in my April 13, 1999 report, do not result in any zoning change, and include:

- for Residence Areas:

- the south side of Jackes Avenue from "Low Density Residence Area" to "Medium Density Residence Area";

- the east side of Avenue Road, north and south of the escarpment from "High Density Residence Area" to "Low Density Residence Area"; and

- lands on the north and south sides of Balmoral Avenue, west of Yonge Street, from "Local Commerce Area" to "Medium Density Residence Area" to recognize recent developments.

- for Open Space Areas:

- the Vale of Avoca and the Belt Line ravines and the escarpment area north of the CPR tracks between the two ravines from "Open Space" to "Natural Area" and "Environmentally Sensitive Area"; and

- add the "Open Space" area north-east of the intersection of Mount Pleasant Road and St. Clair Avenue East (Loring & Wyle Park).

- for Mixed Commercial-Residential (MCR) Areas:

- north side of St. Clair Avenue East, between Alvin and Ferndale Avenues, "High Density Residence Area" to "Medium Density Mixed Commercial-Residential Area".

- for the following "Natural Area":

- add the escarpment "Natural Area" (Lake Iroquois shoreline) between Avenue Road and the Vale of Avoca ravine, together with a policy permitting only developments consistent with both the "Natural Area" policies of the Part I Plan and "Low Density Residence Areas" of the Part II Plan or, in the case of properties fronting on Yonge Street, "Low Density Mixed Commercial-Residential Areas" (Policy 6.1).

3.3 New or Expanded Part II Plan Policies

The following policy additions or expansions, which are described in more detail in my April 13, 1999 report, require Zoning By-law Amendments only as noted below:

- a description and map of the District's urban structure (Policy 2.1 and Map A),

- an expanded Part II Plan purpose (Policy 2.2),

- urban design principles which build upon the Part I Plan (Policies 3.1 and 3.2),

- two new Residence Area policies supplementing the Part I Plan (Policies 4.1 and 4.2),

- in "Mixed Commercial-Residential ((MCR) Areas":

- design policies for redevelopment (Policy 5.1);

- a 3 metre setback for new buildings on the east side of Yonge Street and at the intersection of Yonge and St. Clair Avenue (Policy 5.2 - with a corresponding Zoning By-law Amendment);

- along Yonge Street where new development may exceed existing density and height limits:

- establish sunlight standards, requiring the stepback of upper levels of buildings; and

- on flanking streets of Yonge street properties, require the stepback of upper levels of new buildings;

with related Zoning By-law Amendments (Policies 5.3 and 5.4);

- exempt portions of buildings used for interior pedestrian walkways from the calculation of non-residential gross floor area (Policy 5.5 (b)); and

- along parts of the Yonge Street frontage, new development beyond existing height and density limits may be permitted, subject to design guidelines and specific heights limits (Policies 5.7 and 5.8).

- add the following Special Policy (SP) Areas with no change in zoning:

- on the west side of Yonge Street, between Heath Street West and DeLisle Avenue (SP Area 1) and on the east side of Yonge Street, south of Heath Street East and west of Alvin Avenue (SP Area 2) where redevelopment is subject to site specific criteria (Policies 7.1 to 7.3 and Table 1);

- on the east side of Alvin Avenue, between St. Clair Avenue East and Heath Street East where conversion of house form buildings to office uses is permitted subject to criteria (Policy 7.5); and

- on the south side of Jackes Avenue, adjacent to David Balfour Park, were redevelopment may be permitted subject to additional design criteria.

3.4 Existing Part II Plan Policies to be Deleted

This District Plan does not include the 1976 Policy 4.3.1 (b) that limited office growth to 1.4 million square feet after March 31, 1976. This office cap was deleted because the existing zoning permissions exceed the cap and the relationship between office and traffic growth, which was the basis for this 1976 policy, is no longer defensible. Office development will continue to be limited by land use designations, density limits and development opportunities.

Policies in the 1976 Plan, which duplicate policies in the Part I Plan, have been eliminated. This includes most of the remaining Residence Area policies (former Policies 3.5 and 3.7 and most of 3.6); Local Commerce Area Policies 4.4.1 and 4.4.2; Parks, Ravines and Open Space Policies 6.1 to 6.6; preservation of community resources Policy 7.1 and non-conforming use Policies 10.1 to 10.3. When duplicate policies are eliminated, the Part I Plan policies will prevail.

Policies 9.1 and 9.2 in the 1976 Plan have been eliminated as they apply to the Yonge-Summerhill Part II Plan District, which was created subsequent to the adoption of the 1976 Plan.

4. Public Consultation

The Land Use Committee of the former City of Toronto, at its meeting of June 13, 1996, approved a public consultation program involving a Working Group of residents and business representatives. This Group met ten times between August 1996 and March 1999.

Toronto Community Council, at its meeting on April 28, 1999, authorized two Open Houses in the District, which I held on May 18 and May 20, 1999. I advertised notice of the Open Houses in the Toronto Star and mailed notice to Working Group members and representatives of ratepayer associations. At these Open Houses, staff was available to provide information, answer questions and receive comments on the proposed Plan. For two weeks following the Open Houses, I received input and made appropriate changes to the proposed Part II Plan in consultation with the Ward Councillors.

Section 5 below, identifies issues raised at the Open Houses and in subsequent communications. This section also contains my recommendations for addressing each of the issues. I am now recommending approval of a Part II Plan for the District, with corresponding amendments to Maps in the Part I Plan and to the Zoning By-law.

Section 17 of the Planning Act requires that, prior to the adoption of an Official Plan amendment, Council must hold a public meeting at which any person or public body may make written submissions to the Council before the plan is adopted. I have advertised this public meeting in accordance with the Planning Act and mailed notices to members of the Working Group and representatives of ratepayer associations.

5. Issues Arising from the Open Houses

5.1 South side of Jackes Avenue

This area, except for the "Low Density Mixed Commercial-Residential Area" adjacent to Yonge Street, is designated "Low Density Residence Area" in the 1976 Part II Plan. This designation does not reflect previous, nor potential, redevelopment in the area. Initially, I proposed that the area from the south side of Jackes Avenue to the top edge of the escarpment be designated "High Density Residence Area" (HDR). Any redevelopment south of the escarpment edge, on the north side of Woodlawn Avenue, would be governed by the proposed "Natural Area" designation, which limits redevelopment to existing Zoning By-law height and density limits.

Numerous representations were made by the community to change the proposed HDR designation to "Medium" or "Low Density Residence Area". A site specific development proposal consistent with the HDR designation was made for 9 Jackes Avenue, which was the subject of an Ontario Municipal Board (OMB) hearing. The OMB, in an interim decision issued September 3, 1999, agreed that redevelopment to a higher density than permitted by the "Low Density Residence Area" designation was appropriate, but did not agree with the applicant's proposal. The OMB suggested that a density of 1.5 times the area of the lot would be appropriate. This density is consistent with a "Medium Density Residence Area" designation.

I have reconsidered the designation for this area and now recommend that, except for the area adjacent to Yonge Street, the area on the south side of Jackes Avenue be designated "Medium Density Residence Area" based on:

- the interim decision of the OMB respecting 9 Jackes;

- representations from area residents for a lower density designation in this area;

- a transition between the HDR area designation on the north side of Jackes Avenue and the low density limits south of the escarpment edge; and

- no change in the underlying zoning of R2 Z1.0 and height limit of 11 metres.

5.2 35 Woodlawn Avenue West and the Natural Area Designation

The prospective owners of 35 Woodlawn Avenue West, an oddly shaped property with limited access onto Woodlawn, have requested that this site be removed from the "Natural Area" designation as it may not be within the escarpment and it may inhibit their intention to sever the existing house into two units and construct additions. Based on information available to me, the current Part I Plan "Natural Area" designation, and the continuity of the escarpment feature, I recommend retention of the Natural Area designation on this site. This designation permits low density residence development, subject to an environmental impact study.

5.3 Height Limits for the Lands on the East Side of Yonge Street Between Rosehill and Summerhill Avenue

In Policy 5.8 of the Part II Plan, Council may consider passing Zoning By-law Amendments permitting an increase in the maximum building height from 16 metres (approximately 5 storeys) to 21 metres (approximately 7 storeys) subject to design requirements. No related Zoning By-law Amendments are proposed at this time; rather the intention is to consider site specific rezonings. The Ports condominium, at 1177 Yonge Street, is an example of such a development generally permitted by this policy. Other developments in the area have occurred which exceed the 16 metre height limit. The Summerhill Residents' Association has requested that the maximum height limit be reduced to 15 metres. I recommend retention of the proposed new policy permitting maximum heights of 21 metres for these lands for the following reasons:

- such developments would be adequately buffered from the Low Density Residence Area to the east by the open lands above the subway cut which is at least 39 metres in width;

- the design requirements would preserve sunlight on Yonge Street;

- the proposed policy provides clear guidance to developers, review agencies and others as to the standards which must be met if a proposed development is in excess of the 16 metre height limit; and

- this area is well served by rapid transit and accessible to several subway stations.

No basis for reducing the height limit to 15 metres has been provided.

5.4 The Special Policy Area East of Yonge Street and South of Walker Avenue

In the new Part II Plan, the area south of Walker Avenue and east of properties fronting on Yonge Street is designated "Low Density Mixed Commercial-Residential Area" and "Special Policy Area C". The Special Policy Area designation recognizes the mix of existing uses and the transition between commercial uses on Yonge Street and the "Low Density Residence Area" to the east. This Plan and the 1976 Plan recognize this as an area where "office uses will be encouraged and where residential uses and, to a limited extent, the exhibition and selling of arts and crafts and limited service retail uses will be permitted" (Policy 7.4).

The Cottingham Square Community Association has requested that this designation reflect recent land use changes and, in particular, exclude the residential properties on the south side of Birch Avenue, east of Grange Street. I agree with the latter recommendation and have amended of the boundaries of Special Policy Area C accordingly.

With respect to the former recommendation, I have re-examined land uses and recent trends in the area. Construction of new buildings has been limited to residential uses. However, some properties, such as 10 Alcorn Avenue, have recently been renovated for office uses. Further, the existing mix of non-residential uses in the area appears to co-exist satisfactorily with the residential uses. Therefore, I am recommending retention of Policy 7.4 as an appropriate guide for redevelopment in the area.

5.5 Transition in Built Form Between Mixed Commercial-Residential Areas and Adjacent Residential Areas

Policy 5.1 (c) requires that redevelopment in Mixed Commercial-Residential Areas must integrate "well, especially in its physical relationship and impact, with adjacent residential neighbourhoods by ensuring adequate reductions in building height and separation distances". This policy ensures that redevelopment adjacent to low density residence areas is compatible, in height and massing. Wittington Properties has expressed concern that redevelopment in "High Density Mixed Commercial-Residential Areas" adjacent to "High Density Residence Areas" may not have to be reduced in height, as both are high density areas. I agree and have revised the wording of Policy 5.1(c), replacing "adequate reductions" with "appropriate transitions".

5.6 Exempt Gross Floor Area Calculations of Above Grade Parking in Residential Developments Constructed on Lands Above the Subway

Policy 5.5 (b) (i) allows Council to pass Zoning By-law Amendments for commercial development in Mixed Commercial-Residential Areas excluding "from the calculation of commercial or non-residential gross floor area in areas above the … subway line, parking space located above grade in buildings and used in connection with those buildings". This same policy existed in the 1976 Plan. This policy was intended to promote commercial development in the Yonge-St. Clair Centre by ensuring that commercial development on lands above the subway was not disadvantaged because parking spaces could not be placed below grade.

Wittington Properties has requested that this policy also apply to residential redevelopment. I understand that lands being considered for residential redevelopment over the subway are part of larger parcels where below grade parking could be provided. Therefore, I recommend no change to Policy 5.5 (b) (i).

5.7 Provision of Replacement Parking During Construction

Policy 7.2 (c) (i) requires that, for Special Policy Areas A and B (Heath Street, east and west of Yonge Street), Council "seek the provision of alternative short-term parking during any construction when public parking is unavailable. Such means include:

(i) the provision of temporary parking lots for short-term purposes to be operated by a municipal parking authority or by private interests; and

(ii) the passing of by-laws to permit temporary short-term commercial parking." The Toronto Parking Authority (TPA) has requested that the policy be modified, changing "seek" to "use best efforts" as development of TPA lands "will be seriously inhibited if required to find alternative parking during construction phases." The existing policy provides adequate latitude to the TPA and should not inhibit the redevelopment of its lands. I recommend that this long-standing policy be retained unchanged.

5.8 Maintenance of Municipally Operated Parking Spaces

Policy 8.5 (a) (i) requires maintenance "except during temporary periods when construction affecting parking lots is in progress, of at least the number of municipally owned public parking spaces existing in the District at the time of the passage of this Plan". This is the same policy as in the 1976 Plan. The TPA has advised that some of their parking spaces are leased, rather than owned. In addition, the TPA has expressed concern that this policy constrains its operations should fewer parking spaces in the future be required. I have recommended modification of Policy 8.5 (a) (i), changing "municipally owned" to "municipally operated" parking spaces and adding a sentence allowing reductions in the number of municipally operated parking spaces only after a study has been done and a public meeting has been held.

5.9 Mid-block Pedestrian Connections and Mid-block Green Space

The TPA has noted an error in the Map reference in Policy 8.8 regarding pedestrian pathways, which I have corrected. The TPA also expressed concern about the mid-block green space in Special Policy Area 'A' (Delisle Court) as set out in Table 1 of the Plan. The City and the applicant for the Delisle Court development have reached agreement in conformity with this design principle. Therefore, I recommend retention of the design principle requiring a private mid-block green space, which is an extension of the adjacent rear yards.

5.10 Medium Density Residence Areas on Balmoral Avenue, West of Yonge Street

This Part II Plan proposes that properties located on either side of Balmoral Avenue, west of Yonge Street, be designated "Medium Density Residence Area", recognizing development which has occurred. This area was designated "Local Commerce Area" in the 1976 Plan. No change in zoning, which allows a development density of 1.5 times the area of the lot, is proposed.

The Summerhill Residents Association has requested that, since this townhouse development is governed by a decision of the OMB for 1 Balmoral Avenue, this area should be designated "Low Density Residence Area". I have reviewed the development in this area and found that, with the exception of the Fire Hall, it is residential and has a density in the range of 1.5 times the lot area, which is consistent with a medium density designation. I recommend retention of the "Medium Density Residence Area" designation for these lands.

Conclusions:

The Yonge-St. Clair Part II Plan and corresponding amendments to the Part I Plan and the Zoning By-law result from an extensive public consultation program over a considerable period of time. The recommended Plan provides an additional measure of protection for stable residential areas while permitting appropriate redevelopment elsewhere in the District. The policies provide better guidance as to built form and public interests than the 1976 Plan.

I consider it appropriate that the Yonge-St. Clair Part II Plan and related amendments to the Part I Plan and Zoning By-law of the former City of Toronto be recommended for adoption to City Council.

Contact: Wayne Morgan

Senior Planner

Telephone : 392-1316

E-mail : wmorgan@toronto.ca

Beate Bowron

Director, Community Planning, South District

[p:\1999\ug\uds\pln\to992045.pln] - st

List of Attachments:

Appendix A : Yonge-St. Clair Part II Plan

Appendix B : Map 1 Generalized Land Use - Yonge-St. Clair Planning District

Appendix C : Map 1B Mixed Commercial-Residential Density - Central

Appendix D : Map 1B Mixed Commercial-Residential Density - North

Appendix E : Map 5 Streets Referred to in Section 12(2) 260